Ordinance 07-013 Extending UR-1 Interim Zoning CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.07-013
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
EXTENDING THE URBAN RESIDENTIAL ESTATE (UR-1) INTERIM ZONING
AUTHORIZED BY ORDINANCE No. 04-035 BEYOND THE FOURTH EXTENSION
APPROVED BY ORDINANCE No. 07-001 IN THE PONDEROSA AND ROTCHFORD
AREAS; AND AMENDING THE FINDINGS OF FACT AND WORKPLAN AND
DECLARING AN EMERGENCY.
WHEREAS, The Growth Management Act provides that all zoning regulations be consistent with
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 held and findings of fact are made prior to each renewal;and
WHEREAS, the Spokane Valley Development Regulations will be finalized on or before
September 30,2007; and
WHEREAS, 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.
NOW,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
No. 04-035.
Section 2. . 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
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 City Council this 7th day of September, 2007.
\ii\)•
Mayor,Diana Wilhite
ATTEST:
- r-
- Clerk,C�ristine Bainbridge iT
-
Approved as to Form:
Office of the City Attorney
Date of Publication: /C/` Ce)
Effective Date: September 7,29 i 7
Ordinance 07-013 Ext UR-1 Page 2 of 2
qb
DEPARTMENT OF COMMUNITY DEVELOPMENT
SCIR 10111\11111%, FINDINGS OF FACT
PAWN REVISED SEPTEMBER 7, 2007
4,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.
I. BACKGROUND INFORMATION
PROPERTY 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-1 Interim Zoning
FINDINGS Revised September 7,2007
3 of 7
• y
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-1 Interim Zoning
FINDINGS Revised September 7,2007
4of7
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 closed 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.
COMPLIANCE WITH THE STATE ENVIRONMENTAL POLICY 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.
III. 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
UR-1 Interim Zoning
FINDINGS Revised September 7,2007
5 of 7
. j
-- '- --,f--..•' .., . /
, __nu .
001 . ..... .._...,. ._,..•:. c 1
1......,
.___
.. . ._______ ___..._
_......__ , IIIIIII,
, . 0 • •
., . . . _ . _ . ,._. . ...m.al.....- -- -.
1
a _ i 11111M1141*- -. .•
un
i ....__In.______ _ ...
:______
_______, ,_ ._..____!
._...._
_._ ���
— j; — -- AUG_ ....„ i. ,
---- - wite , .. ,.. _
., . ._ , 11■•
Exhibit"A" Ponderosa ._ ---- _____ � .~ -
(Portion) -> '.,
i ill •7 ____ _........ _ _ :. ,..
7, ,. . :-(.-
, ,
_____._
, :.. ,__:..____ _
___.
I�I1' Exhibit"B"
1 Rotchford Acres
-- II i
___. 1 11.
. r , \ ■ 1 i
I ,i \,,,, ,___,,e4
,___1\_____3 i • ).0
j
!----i ' \ \ LI 1 ,i i ! ! . .
. f'.".■ ' i
4 ` i 1.-------1 ~ r
. 4.* ••.....■ 1 -'.".•••'. / \7/7N, •, •
l''.'........,,,,i/Q.'
I fill - r''''',., /./
• r �- " r\,
UR-1 Interim Zoning
FINDINGS Revised September 7,2007
6 of 7
MFF]]
Exhibit"C"
REVISED UR-1 Interim Zoning Work Plan
September 7, 2007
Q3 OG Q4 06 01 07 02 07 Q3 07 Q4 07 01 00
ID Task Name Start Finish Duration
Aug Sep Ocf I Nov Dec Jan I Feb Mar Apr I May Jun Jul Aug Sep Oct Nov Dec Jan Feb
1 Neighborhood Character 3/612006 5/1/2006 8.2w
2 Comprehensive Plan 3/6/2006 5/1/2006 82w
Adopted
3 Design Quality 3/6/2006 3/2/2007 52w
4 Environmental Quality 3/6/2006 12/28/2007 95w
Saltese Creek Re-Map 3/6/2006 12/28/2007 95w --�----- -� -- -- - '
6 Public Health/Safety 3/8/2006 8/22/2006 24w f
7 Hazard Mitigation:Access 3/8/2006 8/22/2006 24w
8 Public Notice 6/9/2006 6/12/2007 52.6w I
9 Regulatory Review 3/27/2006 9/24/2007 78.2w
Development Regulations
10 3/27/2006 9/24/2007 78.2w
adopted
11 Rezoning Complete 3/16/2007 12/31/2007 41.4w
�� Revised Schedule