Agenda 01/14/2010 SCITY
pokane
4.00Valleyk
Spokane Valley Planning Commission Agenda
Council Chambers, 11707 E. Sprague Ave.
January 14, 6:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES:
VI. PUBLIC COMMENT: On any subject that is not on the agenda
VII. COMMISSION REPORTS
VIII. ADMINISTRATIVE REPORT
IX. COMMISSION BUSINESS
OLD BUSINESS:
NEW BUSINESS: PUBLIC HEARING-CODE AMENDMENT,DEVELOPER
AGREEMENTS
X. FOR THE GOOD OF THE ORDER
XI. ADJOURNMENT
COMMISSIONERS CITY STAFF
JOHN G.CARROLL,CHAIR KATHY MCCLUNG,CD DIRECTOR
CRAIG EGGLESTON GREG MCCORMICK,PLANNING MGR,AICP
RUSTIN HALL SCOTT KUHTA,SR.LONG RANGE PLANNER,AICP
JOE MANN MIKE BASINGER,SENIOR PLANNER,AICP
MARCIA SANDS,VICE CHAIR CARY DRISKELL,DEPUTY CITY ATTORNEY
ART SHARPE DEANNA GRIFFITH,ADMIN
ARNE WOODARD WWW.SPOKANEVALLEY.ORG
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: January 14, 2010 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ® public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Public hearing to amend Spokane Valley Municipal Code as follows:
Chapter 17.80.030-Update Table 17.80-1 to include Developer Agreements as a Type IV
application and minor modifications to Developer Agreements as a Type I application.
Chapter 17.80.140- Include Developer Agreements in the language that outlines Type IV
applications.
Chapter 19.30.015-Add language which provides for Developer Agreements in
conjunction with Comprehensive Plan Amendments.
GOVERNING LEGISLATION: RCW 36.70B.170-210
PREVIOUS PLANNING COMMISSION ACTION TAKEN: None
BACKGROUND: The Uniform Development Code was adopted in September of 2007 and was
effective October 28`h, 2007. Following the adoption of the code, a number of items were
discovered which were incorrect, impractical, or omitted. On August 11, 2009 the Spokane
Valley City Council passed Ordinance 09-015, an emergency ordinance which provided for the
creation of Developer Agreements, something that is not currently provided for in the Municipal
Code. These agreements can only be considered in conjunction with Comprehensive Plan
amendments and associated rezones and would provide both the developer and the City with
the flexibility needed to carry out the goals and policies of the Comprehensive Plan. Some
items that may be addressed through Developers Agreements include, but are not limited to,
permitted uses, densities, building sizes, development conditions, design standards, impact
fees, affordable housing and phasing. Minor modifications to these agreements may be
approved by the Community Development Director based on criteria included in the regulations.
RECOMMENDED ACTION OR MOTION: Staff's opinion is that the proposed amendments
meets the approval criteria for amendments to the Spokane Valley Municipal Code and
recommend that the Planning Commission forward a recommendation to the Spokane Valley
City Council to amend the Municipal Code as stated above.
BUDGET/FINANCIAL IMPACTS: NA
STAFF CONTACT: Christina Janssen-Assistant Planner
ATTACHMENTS:
(1) Amended Text
17.80.030 Assignment of development application classification.
A. Assignment by Table. Land use and development applications shall be classified pursuant
to the following table:
Table 17.80-1 —Permit Type and Land Use Application
Type Land Use and Development Application SVMC Cross-
Reference
Accessory dwelling units 19.40.100
Administrative determinations by community development director, Multiple
public works director, or building official
Administrative exception 19.140
Administrative interpretation 17.50.010
Boundary line adjustments and eliminations 20.80
Building permits not subject to SEPA 21.20.040
Floodplain development 21.30
Grading permits 24.50
Type I
Home occupation permit 19.40.140
Minor modifications of development agreements 19.30.015(I)
Record of survey to establish lots within a binding site plan 20.60.040
Right-of-way permits 22.130.060
Shoreline permit exemption(dock permit) 21.50
Site plan review 19.130
Temporary use permit 19.160
Time extensions for preliminary subdivision, short subdivision or 20.30.060
binding site plan
Alterations—Preliminary and fmal subdivisions, short subdivisions, 20.50
binding site plans
Binding site plan—Preliminary and fmal 20.50
Binding site plan—Change of conditions 20.50
SEPA threshold determination 21.20.060
Type II
Shoreline substantial development permit 21.50
Short subdivision—Preliminary and final 20.30,20.40
Preliminary short subdivision, binding site plan—Change of 20.30
conditions
Wireless communication facilities 22.120
Conditional use permits 19.150
Planned residential developments 19.50
Plat vacation 20.70.020
Type
Preliminary subdivision—Change of conditions 20.50
Subdivisions—Preliminary 20.30
Variance 19.170
Zoning map amendments (site-specific rezones) 19.30.030
Annual Comprehensive Plan amendments (text and/or map) 17.80.140
Area-wide zoning map amendments 17.80.140
Type Comprehensive Plan 17.80.140P�
Development Agreements associated with Com r
IV p
Amendments
Development code text amendments 17.80.150
Section four. amending SVMC 17.80.140: 17.80.140 shall be amended as follows:
17.80.140 Type IV Applications — Comprehensive Plan Amendments, Development
Agreements associated with a Comprehensive Plan Amendment, and Area-
wide Rezones
A. Initiation. Comprehensive Plan Amendments and Area Wide Rezones may be initiated
by any of the following:
1. Property owner(s) or their representatives;
2. Any citizen, agency, neighborhood association, or other party; or
3. The Department, Planning Commission, or City Council.
B. Applications. Applications shall be made on forms provide by the City.
C. Application Submittal:
1. Applicant initiated: Comprehensive Plan Amendments and Area-Wide Rezones
shall be subject to a pre-application conference, counter-complete, and fully-
complete determinations pursuant to SVMC 17.80.080, 090, and 100. The date
upon fully-complete determination shall be the date of registration with the
Department.
2. Non-applicant initiated: After submittal of a non-applicant initiated application,
the application shall be placed on the register.
D. Register of Comprehensive Plan Amendments and Area-wide Rezones. The
Department shall establish and maintain a register of all applications.
E. Concurrent and Annual Review of Register.
1. Sixty (60) days prior to November 1st in each calendar year, the City shall
notify the public that the amendment process has begun. Notice shall be
distributed as follows:
ai. Notice published in an appropriate regional or neighborhood newspaper
or trade journal;
b. Notice posted on all of the City's official public notice boards; and
c. Copy of the notice sent to all agencies, organizations, and adjacent
jurisdictions with an interest.
2. All registered applications shall be reviewed concurrently, on an annual basis
and in a manner consistent with RCW 36.70A.130(2). Applications registered
after November 1st of the previous calendar year and before November 1st of
the current calendar year, shall be included in the annual review. Those
registered after November 1st of the calendar year shall be placed on the
register for review at the following annual review.
3. Emergency Amendments: The City may review and amend the Comprehensive
Plan when the City Council determines that an emergency exists or in other
circumstances as provided for by RCW 36.70A.130 (2)(a).
F. Notice of Public Hearing. Comprehensive Plan Amendments and Area-Wide Rezones
require a public hearing before the Planning Commission.
1. Contents of Notice. A Notice of Public Hearing shall include the following:
a. The citation, if any, of the provision that would be changed by the
proposal along with a brief description of that provision;
b. A statement of how the proposal would change the affected provision;
c. A statement of what areas, Comprehensive Plan designations, zones, or
locations will be directly affected or changed by the proposal;
d. The date,time, and place of the public hearing;
e. A statement of the availability of the official file; and
f. A statement of the right of any person to submit written comments to the
Planning Commission and to appear at the public hearing of the
Planning Commission to give oral comments on the proposal.
2. Distribution of Notice. The Department shall distribute the notice pursuant to
SVMC 17.80.120(2).
G. Planning Commission Recommendation — Procedure. Following the public hearing,
the Planning Commission shall consider the applications concurrently, and shall
prepare and forward a recommendation of proposed action for all applications to the
City Council. The Planning Commission shall take one of the following actions:
1. If the Planning Commission determines that the proposal should be
adopted, it may, by a majority vote, recommend that the City Council
adopt the proposal. The Planning Commission may make modifications
to any proposal prior to recommending the proposal to City Council for
adoption. If the modification is substantial, the Planning Commission
must conduct a public hearing on the modified proposal;
2. If the Planning Commission determines that the proposal should not be
adopted, it may, by a majority vote, recommend that the City Council
not adopt the proposal; or
3i. If the Planning Commission is unable to take either of the actions
specified in subsections (G)(1) or (2) above, the proposal will be sent to
City Council with the notation that the Planning Commission makes no
recommendation.
H. Approval Criteria.
1. The City may approve Comprehensive Plan Amendments and Area-Wide Zone
Map Amendments if it finds that:
a. The proposed amendment bears a substantial relationship to the public
health, safety, welfare, and protection of the environment;
b. The proposed amendment is consistent with the requirements of RCW
36.70A and with the portion of the City's adopted plan not affected by
the amendment;
c. The proposed amendment responds to a substantial change in conditions
beyond the property owner's control applicable to the area within which
the subject property lies;
d. The proposed amendment corrects an obvious mapping error; or
e. The proposed amendment addresses an identified deficiency in the
Comprehensive Plan.
2. The City must also consider the following factors prior to approving
Comprehensive Plan Amendments:
a. The effect upon the physical environment;
b. The effect on open space, streams, rivers, and lakes;
c. The compatibility with and impact on adjacent land uses and
surrounding neighborhoods;
d. The adequacy of and impact on community facilities including utilities,
roads, public transportation,parks, recreation, and schools;
e. The benefit to the neighborhood, City, and region;
f. The quantity and location of land planned for the proposed land use type
and density and the demand for such land;
g. The current and projected population density in the area; and
h. The effect upon other aspects of the Comprehensive Plan.
I. City Council Action.
Within sixty (60) days of receipt of the Planning Commission's findings and
recommendations, the City Council shall consider the fmdings and recommendations of
the Commission concerning the application and may hold a public hearing pursuant to
Council rules. The Department shall distribute notice of the Council's public hearing
pursuant to SVMC 17.80.120(2). All annual amendments to the Comprehensive Plan
shall be considered concurrently. By a majority vote of its membership, the City
Council shall:
1. Approve the application;
2. Disapprove the application;
3. Modify the application. If the modification is substantial, the Council must
either conduct a public hearing on the modified proposal; or
4. Refer the proposal back to the Planning Commission for further consideration.
J. Transmittal to the State of Washington. At least sixty (60) days prior to final action
being taken by the City Council, the Washington State Department of Community,
Trade and Economic Development (CTED) shall be provided with a copy of the
amendments in order to initiate the sixty (60) day comment period. No later than ten
(10) days after adoption of the proposal, a copy of the final decision shall be forwarded
to CTED.
Section five. amending SVMC 19.30: SVMC Chapter 19.30 shall be amended by adding a new
section 19.30.015 as follows:
19.30 Changes & Amendments
19.30.010 Comprehensive Plan Text & Map Amendments
Pursuant to RCW 36.70.130(2)(a) proposed updates to the Comprehensive Plan will be
processed only once a year except for the adoption of original sub-area plans, amendments to
the Shoreline Master program,the amendment of the Capital Facilities Chapter concurrent with
the adoption of the City budget, in the event of an emergency or to resolve an appeal of the
Comprehensive Plan filed with the Growth Management Hearing Board.
Comprehensive Plan text and map amendments are classified as Type IV development
applications and shall be processed pursuant to SVMC Chapter 17.80.140.
19.30.015 Development Agreements associated with a Comprehensive Plan
Amendment
A. Pursuant to RCW 36.70B.170 - 210. the city may enter into a development agreement with
a person having ownership or control of real property within its jurisdiction as part of a
comprehensive plan amendment and associated rezone. A development agreement and
subsequent rezone shall be consistent with applicable development regulations set forth in
the UDC. SVMC Chapters 17-24.
B. Development Agreements associated with a Comprehensive Plan Amendment are
classified as Type IV development applications and shall be processed in compliance with
the Comprehensive Plan Amendment and the regulations of RCW 36.70B.170 - 210.
C. Development agreements associated with a comprehensive plan amendment and
subsequent rezone may be used at the city council's discretion. Development agreements
may be used to place restrictions on a proposed amendment to minimize the impacts of
future development.
D. Development agreement contents
1. For the purpose of this section. development standards may include. but are not limited
to the following:
a. Project elements such as permitted uses. residential densities. and nonresidential
densities and intensities or building sizes:
b. The amount and payment of impact fees imposed or agreed to in accordance
with any applicable provisions of state law. any reimbursement provision, other
financial contributions by the property owner. inspection fees. or dedications;
c. Mitigation measures, development conditions. and other requirements under
43.21C RCW:
d. Design standards such as maximum heights, setbacks. drainage and water
quality requirements. landscaping. and other development features:
e. Affordable housing:
f. Parks and open space preservation:
g. Phasing:
h. Review procedures and standards for implementing decisions:
i. A build-out or vesting period for applicable standards: and
j. Any other appropriate development requirement procedure.
E. The final decision authority for approval of the development agreement and development
plan shall be the City Council set forth in SVMC Chapter 17.80.060 (D).
F. The decision of city council on a development agreement and plan in conjunction with a
comprehensive plan amendment and subsequent zoning change is the final decision of the
city and may be appealed pursuant to RCW 36.70C.
G. A development agreement shall be recorded with the Spokane County Auditor at the
applicant's expense. During the term of the development agreement. the agreement is
binding on the parties and their successors.
H. The city will process and decide upon an application for an amendment as if it were an
application for a new development agreement in a manner set forth above unless it is
deemed a minor modification as set forth in(I) below.
I. Modifications of development plan
1. The director of community development may approve minor modifications to the
development plan pursuant to Chapter 17.80.030.
2. Criteria for approving minor modifications include but are not limited to the following:
a. Shall conform to the terms of the development agreement;
b. Shall not reduce landscaping. buffering. or open space areas
c. Shall not reduce setback requirements
d. Shall not result in an increase in height of any structure
e. Shall not result in a change in ingress or egress
f. Shall not increase any adverse impacts or undesirable effects
g. Shall not significantly alter the project