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Ordinance 15-003 Time Extensions CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 15-003 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE (SVMC) 20.30.060, TIME EXTENSIONS RELATING TO LENGTH OF TIME AND FREQUENCY OF EXTENSIONS, ELIMINATING 20.30.060(A-C); AND OTHER MATTERS RELATING 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, on November 13, 2014,the Planning Commission held a study session; and WHEREAS, on December 12 and December 19, 2014, notice of the PIanning Commission public hearing was published in the Valley News Herald; and WHEREAS, on January 8, 2015, the Planning Commission held a public hearing, received evidence, information, public testimony, and a staff report with a recommendation followed by deliberations and provided a recommendation; and WHEREAS, on January 8, 2015, the Planning Commission approved the findings and recommendations; and WHEREAS, on January 20, 2015, City Council reviewed the proposed amendment; and WHEREAS, on January 26, 2015, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing a 60-day notice of intent to adopt amendments to Spokane Valley development regulations; and WHEREAS, on February 2, 2015, a Request for Expedited Review was sent to the Washington State Department of Commence pursuant to RCW 36.70A.106(3)(b) and WAC 365-196-630(6). The expedited review period is 14 calendar days; and WHEREAS, on February 10,2015, City Council considered a first ordinance reading to adopt the proposed amendment; and WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, SVMC 20.30.060, as amended, bears a substantial relation to the public health, safety and welfare,and protection of the environment. NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows: Ordinance 15-003 Page 1 of 3 Section 1. Purpose. The purpose of this Ordinance is to amend SVMC 20.30.060 to change the granting of a single, one-year time extension to a three-year time extension with the Community and Economic Development Department having the discretion of granting additional one-year extensions beyond the initial three-year extension. The text amendment includes the elimination of 20.30.060(A) through(C). Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the amendments and recommends approval of the amendments. The City Council has read and considered the Planning Commission's findings. The City Council hereby makes the following findings: A. Growth Management Act Policies - 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. B. City of Spokane Valley Goals and Policies - The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted County-Wide Planning Policies, set forth below. I. Land Use Policy-13.1: Maximize efficiency of the development review process by continuously evaluating the permitting process and modifying as appropriate. 2. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency, predictability and clear direction. 3. Economic Policy EDP-7.1: Evaluate, monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable, cost-effective, and expeditious. 4. Economic Policy EDP-7.2: Review development regulations periodically to ensure clarity, consistency and predictability. C. Conclusions I. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. 2. The proposed City-initiated Code text amendment is consistent with the City's adopted Comprehensive Plan and the approval criteria contained in SVMC 17.80.150(F). 3. The GMA requires that the City's Comprehensive Plan and development regulations shall be subject to continuing review and evaluation by the City. Section 3. Amendment. Spokane Valley Municipal Code section 20.30.060 is hereby amended as follows: 20.30.060 Time extensions. An application form and supporting data for time extension requests shall be submitted to the department at least 30 days prior to the expiration of the preliminary short subdivision, subdivision, or binding site plan. Time extension requests shall be processed as a Type I application pursuant to Chapter 17.80 SVMC. Ordinance 15-003 Page 2 of 3 The department may approve an extension provided there are no significant changed conditions or changed development regulations which would render recording of the short subdivision, subdivision or binding site plan contrary to the public health, safety or general welfare. The department may grant an initial three-year time extension. Additional one year extensions may be granted by the department beyond the initial three-year extension. Prior to granting time extensions, the department shall circulate the time extension request to affected agencies for comments. Additional or altered conditions recommended by the department or affected agencies may be required as a condition of this extension. This may include new or updated City regulations deemed necessary to protect the public health, safety, or general welfare. The department shall issue a written decision approving or denying the time extension request and provide copies to affected agencies, the applicant, and those parties requesting a copy of such decision. Appeals of a time extension shall be filed in a manner consistent with the provisions of Chapter 17.90 SVMC. Section 4. Other sections unchanged. All other provisions of Chapters 20.30 not specifically referenced hereto shall remain in full force and effect. Section 5. 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 6. 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 24th day of February,2015. DeanraG fos, Mayor „...7:2 ATTEST: Christine Bainbridge, City Clerk Approvl s o orm: Office o the rty Attorney Date of Publication: - :.)4K Effective Date: r, /i Ordinance 15-003 Page 3 of 3