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Home My WebLink About2007, 09-07 Special MeetingLr AGENDA SPOKANE VALLEY CITY COUNCIL SPECIAL INIEETING Friday, September 7, 2007 1:30 p.m. Spokane Valley City Hall? Council Chambers 11707 E Sprague Avenue, Spokane Valley, WA 519206 Cell to Order by Mayor Diana Wilhite Roil Cull: A entla Topic: 1. Pmposeci Otciin: re 07-0I.1 Extendinggie I.IR-1 Interim Zoning -alike ConnclIy [public commra(i 2. Adjournment W)TICE: hUhV 4 UM6 pinmiing to antnt1 thr nxctwg who Mquiur 2pcciei 0SIR nc: to owommodatc Physicnl. hearing, cr other Lmpalm~ rJee cuntaLt tht City Clerk sst (50) 921-10IM ere xion as pmxiblc so that azran M may be attack Special Maciing Agenda rA-0?•07 pagrtufI CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 7, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing ❑ information 0 admin. report ❑ pending legislation AGENDA ITEM TITLE: Emergency adoption of Ordinance 07-013 extending UR-1 zoning designation in Rotchford Acres and portions of Ponderosa GOVERNING LEGISLATION: RCW 35A.63.220 PREVIOUS COUNCIL ACTION TAKEN: Adoption of Ordinance 04-035 adopting interim zoning, three prior extensions, with the last on March 6, 2007. BACKGROUND: The Council has had extensive briefing on the necessity for the imposition of this interim zoning designation. At the time the last extension was adopted by the Council, it was anticipated that the City would have adopted the Uniform Development Code by March 31, 2007. The adoption of the UDC would incorporate the protections put in place by the interim zoning measure, and will make this issue moot. Unfortunately, when we found it necessary to extend the time for completing the UDC, staff inadvertently failed to calendar this matter for one last extension. It is necessary to adopt this as an emergency ordinance to ensure that the status quo is maintained. OPTIONS: Adopt as an emergency measure; request that it be placed on a regularly scheduled agenda RECOMMENDED ACTION OR MOTION: Move to suspend the rules and adopt Ordinance 07- 013, with an immediate effective date due to the emergency of the situation. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Greg McCormick ATTACHMENTS: Proposed Ordinance 07-013 Extending UR-1 Zoning CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE. NO. 07-013 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, EXTENDING THE URBAiN RESIDENTIAL ESTATE (UR-1) 11 TTERiI ..C ZONJLNC AUTHORIZED BY ORDINANCE No. 04-035 BEYOND THE FOURTH EXTENSION APPROVED BY ORDINANCE No. 07-001. IN THE PONDEROSA AND ROTCHFORD AIZEAS, AND AMENDING THE FINDINGS OF FACT AND WORKPLAN AND DECLARING AN EMERGENCY. WHEREAS, The Growth Management Act provides that all zoning, regulations be consistent witli an adopted Comprehensive Plan (RCW 35A.63.105); and WHEREAS, RCW 35A.63.220 provides for establishment of interim zoning for up to one year following a public hearing where a Work plan is developed for related studies: and WHEREAS, the interim zoning may be extended for one or more six-month periods if a subsequent public hearing is field and findings of fact are made prior to each renewal; and WT-IEREAS, the Spokane Valley Development Regulations will be finalized on or before September 30, 2007; and NNTIAEREAS, the neighborhoods desire to continue the Interim Zoning until such time as full analysis has been completed; and `WHEREAS, following a public hearing and the adoption of Findings and a revised Workplan, Ordinance No. 07-001 extended the interim zoning for a period of six months until September 6, 2007; and WHEREAS, the City inadvertently failed to schedule an extension of this matter prior to September 6, 2007, and as a result an emergency has been created in that unplanned development in densities that are inconsistent with existing development that has occurred previously would result in irreparable harm to those neighborhoods, as identified in Ordinance 04-035. The City is adopting this emergency Ordinance now to ensure that zoning in the designated areas remains unchanged until the City's Uniform Development Code is finalized and adopted within the next 30 days; and WHEREAS, the City Council will hold a public hearing within 60 days to consider the Findings of Fact and work plan. NIOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. The Findings of Fact revised September 7, 2007, attached hereto are hereby adopted, and the Interim Urban Residential Estate (UR-1) Zoning is hereby extended until October 31, 2007 within the original boundaries and subject to the regulations set forth in Spokane Valley Ordinance Nio. 04-035. Section 2.. Severabilily. 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 Ordinance 07-013 Ext UR-1 Page 1 of 2 phrase of this ordinance. Section 3: Emergency. An emergency is declared in that unplanned and inconsistent development could occur resulting in irreparable harm to city neighborhoods. Section 4. Effective Date This Ordinance shall be in full force and effect immediately upon adoption. PASSED by the Cite Council this 7th day of September, 2007. Mayor, Diana Wilhite ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: September 7, 2007 Ordinance. 07-013 Ext UR- I Pate 2 of 2 DEPARTMENT OF COMMUNITY DEVELOPMENT 0F10/1111110M Saff poune FINDINGS OF FACT REVISED SEPTEMBER 7, 2007 Valley FIFTH EXTENSION OF INTERIM URBAN RESIDENTIAL ESTATE (UR-1) ZONING FOR SIX MONTHS STAFF REPORT UP DATE: September 7, 2007 PROPOSAL DESCRIPTION: Extension of interim zoning controls to limit residential densities for a period of six months, and to continue practice of allowing the keeping of large animals on residential lots. PROPOSAL LOCATION: Portions of the Ponderosa and Rotchford residential subdivisions. INITIALLY PREPARED BY: Marina Sukup, AICP, Director, Spokane Valley Community Development Dept. 1. BACKGROUND INFORMATION PROPFRTY INFORMATION: Size & Ponderosa: Located adjacent to Browne's Mountain on the southern edge of Characteristics: the City, neighboring the Dishman Natural Area on the northwest and the Iller Conservation area on the south. Fully developed single-family residential lots generally exceeding one acre in size, served by local access and residential collectors. Limited access to municipal wastewater collection system. Terrain hilly with intermittent streams feeding Chester Creek. Portion of the subdivision located within the 100-year floodplain. Large stands of native Ponderosa pines. Abuts a closed landfill. Platted in phases between 1964 and 1992. Rotchford: Located on the eastern edge of the City. Fully developed single- family residential lots generally exceeding one acre in size, served by local access and residential collectors- No access to municipal wastewater collection system. Rolling terrain abutting steep hills with drainage into Saltese Creek. Saltese Creek is located within the 100-year floodplain. Platted in 1974. Both subdivisions were originally platted as residential subdivisions designed for the keeping of a limited number of horses. SURROUNDING COMPREHENSIVE PLAN & ZONING Subject Comprehensive Plan - Low Density Residential Properties: Zoning - Interim UR-1 Residential Estate UR-1 Interim Zoning FINDINGS Revised September 7, 2007 1 of 7 II. FINDINGS OF FACT AND CONCLUSIONS The Spokane Valley 2006-2026 Comprehensive Plan provides the following guidance in relevant part: CHAPTER 2 LAND USE: Residential Goals & Policies Goal LUG-1 Preserve and protect the character of Spokane Valley's residential neighborhoods. Policies LUP-1.1 Maintain and protect the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning. LUP-1.2 Protect residential areas from impacts of adjacent non-residential uses and/or higher intensity uses through the development and enforcement of the City's land use regulations and joint planning. LUP-1.3 Review and revise as necessary, existing land use regulations to provide for innovation and flexibility in the design of new residential developments, accessory dwelling units and in-fill development. LUP-1.4 Encourage the development of transportation routes and facilities to serve residential neighborhoods. Special attention should be given to pedestrian circulation. LUP-1.5 Encourage the development of parks and the dedication of open space in and adjacent to residential areas. Open space dedication shall be proportionate to the size of the development. LUP-1.6 Preserve site characteristics that enhance residential development (trees, bodies of water, vistas, and similar features) using site planning techniques such as clustering, planned unit developments, transfer of development rights and lot size averaging. LUP-1.7 Allow zone changes within the Low Density Residential category only when specific criteria are met. Criteria may include: • Substantial changes within zone change area. • Clear mapping errors. • Adequate facilities and services (e.g. sewer, water capacity). • Consistency with densities in the vicinity of the zone change. UR-1 Interim Zoning FINDINGS Revised September 7. 2007 2 of 7 CHAPTER 10 NEIGHBORHOODS: Goal NG-2 Preserve and protect the character of Spokane Valley's residential neighborhoods. Policies NP-2.1 Maintain and protect the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning. NP-2.2 Review and revise as necessary, existing land use regulations to provide for innovation and flexibility in the design of new residential developments, accessory dwelling units, and in-fill development. NP-2.3 Encourage the development of parks and the dedication of open space in and adjacent to residential areas. Open space dedication shall be proportionate to the size of the development. NP-2.4 Preserve site characteristics that enhance residential development (trees, bodies of water, vistas, and similar features) using site planning techniques such as clustering, planned unit developments, transfer of development rights, and lot size averaging. NP-2.5 Allow zone changes within the Low Density Residential category only when specific criteria are met. Criteria may include: • Substantial changes within zone change area. • Clear mapping errors. • Adequate facilities and services (e.g. sewer, water capacity). • Consistency with densities in the vicinity of the zone change. NP-2.6 Establish appropriate design guidelines with buffer zones and transition requirements to protect residential neighborhoods from incompatible land uses and adverse impacts associated with arterials, freeways and rail corridors. NP-2.7 Encourage rehabilitation and improvement programs to conserve and upgrade existing properties and buildings. NP-2.8 Encourage programs targeted at neighborhood preservation, including Weed and Seed, housing rehabilitation* and crime prevention programs, such as Neighborhood Watch, McGruff Houses, etc. NP-2.9 Integrate retail developments into surrounding neighborhoods through attention to quality design and function. Encourage neighborhood retail and personal services to locate at appropriate sites where local economic demand and design solutions demonstrate compatibility with the neighborhood. NP-2.10 Develop guidelines and options for Neighborhood/sub-area associations which facilitate the refinement of Neighborhood/sub-area plans. UR-S Interim Zoning FINDINGS Revised September 7, 2007 3of7 NEIGHBORHOOD CHARACTER: Ponderosa: Low density residential designed for on-premises maintenance of a limited number of horses. Heavily wooded with rugged terrain in parts. Expansion to the northwest precluded because of the Dishman Natural Area and terrain. Over 95% of lots fully developed. Some remain vacant because of topography. Rotchford: Low density residential designed for on-premises maintenance of a limited number of horses. Terrain is relatively flat east of Sullivan Road with steep hillside limiting any easterly expansion. Equine easements provided on local streets. Subdivision is fully developed. Social Character: Well-organized and cohesive neighborhoods. DESIGN QUALITY: Local access and residential collectors designed to accommodate lots of approximately one acre. Single-family housing is well-maintained and designed for residential privacy. A limited number of large animals, especially horses is a design theme in both neighborhoods. Although the Spokane Valley 2006-2026 Comprehensive Plan has been adopted, Spokane Valley has not finalized implementing regulations, performance or design standards to assure the quality of residential design to preserve neighborhood character pursuant to the Plan. ENVIRONMENTAL QUALITY: Wastewater. Limited access to public sewer in the Ponderosa. Balance of property relies on septic systems. Rotchford Acres relies entirely on septic systems. Re-subdivision to increase residential densities should not be permitted absent an organized wastewater collection and treatment system. Potable Water. Ponderosa is served by Spokane County Water District #3, Rotchford by Vera Irrigation Dist. #15, both Group "A" Community Water Systems. Re-subdivision to increase residential densities will require adequate supply and pressure for domestic consumption and fire protection. Stormwater: the Ponderosa subdivision has intermittent streams that drain to Chester Creek. The contribution of to the rate and volume of flows from additional impervious cover resulting from re-subdivision could result in an environmental damage as yet undetermined for which mitigation would need to be established in a planned and coordinated manner. Similar concerns concerning drainage which could affect Saltese Creek. A significant stream traversing the neighborhood has been reclassified as a Type 4 stream by the Department of Natural Resources Division of Fish and Wildlife. The implications of this change have not been assessed. The Federal Emergency Management Agency proposes to release draft floodplain maps affecting Saltese Creek is mid-2008. Erodible soils: Both the Rotchford and Ponderosa subdivisions include or abut geological hazard areas which require further evaluation prior to allowing additional residential densities. Native Vegetation/habitat: Ponderosa includes areas of wildlife critical habitat for White Tail Deer and threatened species. Spokane Valley has not yet finalized implementing regulations, performance or design standards to assure the continued preservation of environmental quality in outlying areas with limited public infrastructure and specific environmental conditions, such as steep slopes, intermittent flooding and highly erodible soils. UR-S Interim Zoning FINDINGS Revised September 7, 2007 4 of 7 PUBLIC HEALTH & SAFETY Access: Ponderosa: Property lies west of the Union Pacific Railroad with only two points of access. Additional access should be required prior to any increase in residential densities for evacuation and emergency services. The evaluation of access will be incorporated in the Natural Hazard Mitigation Plan under development by the City of Spokane Valley in the Fall and Winter of 2005-2006. Animal Maintenance: The requirements for the maintenance and upkeep of even a limited number of large animals raises issues of compatibility resulting from noise, odor, proximity to residential structures, flies, etc.. These issues are compounded with increased residential densities and requirements for buffering for any additional residential densities may be required. Landfill: Ponderosa: The proximity of a dosed landfill to an increased number of residences requires additional study. Although the Spokane Valley 2006-2026 Comprehensive Plan has been adopted, Spokane Valley has not yet finalized implementing regulations, performance or design standards to assure the quality of residential design to preserve neighborhood character pursuant to the Plan. PUBLIC NOTICE: Current property owners purchased property with notice of existing regulations pertaining to the keeping of large animals. The Short Plat process requires notice only to adjacent property owners. COMPUANCE WITH THE STATE ENVIRONMENTAL POUCy ACT (SEPA): Ordinance No. 48 (effective March 31, 2003) adopted on an interim basis by reference the Spokane Environmental Ordinance (Spokane County) thereby implementing the State Environmental Policy Act (SEPA) and Chapter 197-11 of the Washington Administrative Code (WAC) within the jurisdictional limits of the City of Spokane Valley. An Environmental checklist was completed and a Determination of Non-Significance was issued on April 26, 2004. Conclusions were based on the finding that a regulation preserving the status quo would have no adverse environmental impact. Conclusion(s): Implementing regulations, performance and design standards implementing the Spokane Valley Comprehensive Plan will be finalized on or about November 1, 2007. Rezoning with notice to affected property owners is required prior to institution of permanent regulations. 111. DECISION The Interim UR-1 Residential Estate Zoning last adopted pursuant to Spokane Valley Ordinance 07-001 was effective until September 6, 2007. This ordinance should be extended until October 31, 2007 pending finalization of development regulations, performance and design standards, in order to preserve neighborhood character, maintain environmental quality. and to ensure the continued health, safety and welfare of the areas in accordance with the revised Workplan attached as Exhibit „C,. UR-1 Intenm Zoning FINDINGS Revised September 7, 2007 5 or7 r ~ I r - tT/ Exhibit "A" Ponderosa (Portion) - Exhibit "B" Rotchford Acres UR-1 Intenm Zoning FINDINGS Revised Sep!ember 0 0 1 i Lxhibit "C' _ 11001ad 5dwdulu REVISED UR-1 Interim Zoning Work Plan September 7, 2007