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Agenda 07/13/2006 SPOKANE VALLEY PLANNING COMMISSION AGENDA Council Chambers -City Hall 11707 E. Sprague Avenue July 13, 2006 6:00 to 9:00 pm .I �..,r+ .l � ....i�.•S��il..s.4 Y"YF-. , t.. i.., v .. - ..._. .... ca u .. .. _ t. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES VI. PUBLIC COMMENT VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS New Business - Extension of the UR-1 zoning Old Business X. FOR THE GOOD OF THE ORDER Addition of agenda items XI. ADJOURNMENT COMMISSIONERS CITY STAFF Gail Kogle, Chair Marina Sukup, AICP Robert Blum, Vice-Chair Greg McCormick, AICP Fred Beaulac Scott Kuhta, AICP John G. Carroll Mike Basinger, Assoc Planner David Crosby Cary Driskell, Deputy City Attorney Ian Robertson Deanna Griffith Marcia Sands www.snokanevallev.orq CITY OF SPOKANE VALLEY Request for Commission Action Meeting Date: July 13, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ® public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Information: An ordinance extending the UR-1 Urban Residential Estate Interim Zoning for a third six months in the Ponderosa and Rotchford Neighborhoods and amending the findings of fact and work plan. GOVERNING LEGISLATION: RCW 35A.63.220, Spokane Valley Ordinance 05-025 PREVIOUS COUNCIL ACTION TAKEN: Ordinance No. 04-035 extending the Interim Zoning for an additional six months by Ordinance No. 06-01 effective March 1, 2006. BACKGROUND: A moratorium or interim zoning ordinance may be renewed for one or more six-month periods if a public hearing is held and findings of fact are made prior to each renewal. The Interim UR-1 Urban Residential Estate Zoning was originally effective on September 8, 2004. A second renewal of six months was authorized to be effective on March 1, 2006. The updated work plan had anticipated completion of design guidelines and performance standards implementing the Spokane Valley 2006-2026 Comprehensive Plan prior to this date. The following work is not expected to be complete until March 2007. • Approval of regulations implementing the Comprehensive Plan. • Revision of floodplain maps for Saltese Creek by FEMA. • Finalization of stream reclassification by the Department of Natural Resources. • Completion of a draft Natural Hazard Mitigation Plan with the concurrence of emergency response personnel relating to urban wildland fire and evacuation • The resolution of the wastewater capacity issue resulting from the Total Maximum Daily Load (TMDL) Study by the Department of Ecology and the Environmental protection Agency (EPA) remains incomplete. A public hearing before City Council is scheduled for July 25, 2006. OPTIONS: Establish UR-1 Urban Residential Estate as permanent zoning, approve the extension following a public hearing, deny the extension. RECOMMENDED ACTION OR MOTION: "I move to recommend approval of the Revised Findings and updated Workplan, extending the interim UR-1 zoning until March 6, 2007." BUDGET/FINANCIAL IMPACTS: Not applicable. STAFF CONTACT: Marina Sukup, Community Development Director ATTACHMENTS: Draft ordinance, Findings of Fact (revised July 13, 2006), Amended Workplan L------- , "�`•, DEPARTMENT OF COMMUNITY DEVELOPMENT akane FINDINGS OF FACT REVISED JULY 13, dellVa THIRD EXT 2006 Ile ENSION OF INTERIM URBAN RESIDENTIAL ESTATE (UR-1)ZONING FOR SIX MONTHS STAFF REPORT DATE: July 13, 2006 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. 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 Preservation of Existing Residential Subdivisions(UR-1 Interim Zoning) FINDINGS Revised July 13,2006 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. Preservation of Existing Residential Subdivisions(UR-1 Interim Zoning) FINDINGS Revised July 13,2006 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. Preservation of Existing Residential Subdivisions(UR-1 Interim Zoning) FINDINGS Revised July 13,2006 3 of 7 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 yet established 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 established 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. Preservation of Existing Residential Subdivisions(UR-1 Interim Zoning) FINDINGS Revised July 13,2006 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 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 established 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): Permitting piecemeal increase in residential densities without the establishment of implementing regulations, performance and design standards raises serious issues related to preservation of neighborhood character and design, maintaining environmental quality, public health and safety, and the adequacy of public notice, which require additional study prior to the establishment of permanent regulation. III. DECISION The Interim UR-1 Residential Estate Zoning adopted pursuant to Spokane Valley Ordinance 04-035 and extended by Ordinance No. 06-001 until September 6, 2006, should be extended for a third six month period until March 6, 2007 pending completion of environmental review and the development of implementing regulations, performance and design standards to preserve neighborhood character, maintain environmental quality, and to ensure the continued health, safety and welfare of the areas pursuant to RCW 35A.63.220 following a public hearing before the City Council. Resolution of issues shall be accomplished in accordance with the revised Workplan attached as Exhibit"C". Preservation of Existing Residential Subdivisions(UR-1 Interim Zoning) FINDINGS Revised July 13,2006 5 of 7 L-- t-/ I-g J .migC 1W 7/ 1 •_II R,,, '1130V \, 1, ,( liwt-\ , =i. ! " fi,1 Irmsg m frt J�'ied 1� ''''rNWW�� ®vii M]illt,1115.11 Umr..e..2 _tr.] am MI p VAS 'so511 -, 1 \ ii., , . ,, ........ ti,.... ..., „ L,,,„, .......„„,,. \_, ,,,.....„. ...„ .. ` `p/ .�s .., „,,,,„, ii, 4' ,� / - • \ �'�j1 Exhibit"A" Ponderosa r w1 (Portion) I \ 1 1,1*Ire 111111 I 1 I 61•1101 ^ I 1 , 6^„--- Exhibit"B" 1 !�I `1 Rotchford Acres I 11-rn I1 ` 1 1orail !1 i — ' � -ila (7711 t----,_ :ice i _____ Mill , / L / ,/, '->, N.- \ ,> \ .. /______Li , 1 mini' � rrm , Preservation of Existing Residential Subdivisions(UR-1 Interim Zoning) FINDINGS Revised July 13,2006 6 of 7 Exhibit"C" REVISED UR-1 Interim Zoning Work Plan July 13,2006 Q2 05 03 06 04 06 01 07 02 07 ID Task Name Start Finish Duration Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May 1 Neighborhood Character 3/6/2006 5/1/2006 8.2w r 2 Comprehensive Plan 3/6/2006 5/1/2006 8.2w ww.".e".1 Adopted 3 Design Quality 3/6/2006 3/2/2007 52w 4 Environmental Quality 3/6/2006 8/15/2007 75.6w r 5 Saltese Creek Re-Map 3/6/2006 8/15/2007 75.6w • """ - - -� ''"'"'""'""`"*"'""*"" ' 6 Public Health/Safety 3/8/2006 8/22/2006 24w V . 7 Hazard Mitigation:Access 3/8/2006 8/22/2006 24w 8 Public Notice 6/9/2006 3/13/2007 39.6w - IN 9 Regulatory Review 3/27/2006 4/2412007 56.4w V V 10 Comp Plan Regs Draft 3/27/2006 4/24/2007 56.4w Original Schedule 77 Revised Schedule Preservation of Existing Residential Subdivisions(UR-1 Interim Zoning) FINDINGS Revised July 13,2006 7 of 7 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. AN ORDINANCE OF 1'HE CITY OF SPOKANE VALLEY, WASHINGTON, EXTENDING THE URBAN RESIDENTIAL ESTATE (UR-1) INTERIM ZONING AUTHORIZED BY ORDINANCE NO. 04-035 FOR AN ADDITIONAL SIX MONTHS BEYOND THE SECOND EXTENSION APPROVED BY ORDINANCE No. 06-001 IN THE PONDEROSA AND ROTCHFORD AREAS; AMENDING THE FINDINGS OF FACT AND WORKPLAN. 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 Comprehensive Plan is not yet complete; WHEREAS, various studies required to complete the analysis of the environmental impacts remain incomplete; 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. 06-001 extended the interim zoning for a period of six months until September 6,2006; WHEREAS, the City Council held a public hearing on July 25, 2006 and approved revised the Findings of Fact and Workplan; and NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. The Interim Urban Residential Estate(UR-1)Zoning is hereby extended for an additional six month period until March 6,2007 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 phrase of this ordinance. Section 4. Effective Date This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. Page 1 PASSED by the City Council this day of August,2006. Mayor,Diana Wilhite ATTEST: City Clerk,Chris Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Page 2 lir .,-4:110,i ' { IF /� I . T +iiLt �, __ __ ,\ 7,,\, ., ,_ ,,,.,,, \ , ,„,...,?---...,_,.., , \ t,,,,,, , _ \,, . ,imit Vil 'I ---- ' k_ '61MW.,.' ' ' ----- V ;4 III 0: Illif 1111111114 "64111 rillirallIFLIEI41.UMW Fr 4111.1 -'i Imo_ II"�1 4 1.1ME.. • r.. ] ___r, arnialiliil 1r1Th1-a-l-il 7i__--__-___Hii-c ,__,__r, 1i 1 1 ,1 �� _II ,IaS111 _i -r,Itm 'I �n 4 ...p ___Riorti- ' 111 ' 'Em_I- - ' iffiwAstil- -- ni 1011WOrr% _J i Ny--4 i`�W J Exhibit"A" Ponderosa l (Portion) 1 ii:i \ 111111 I &A_ �I \ �d I jU�-- Exhibit"B" JjRotchford Acres T i T , I I ' , 1 ! 1 \ ! 04 1 I , . /_, i N \ , ii.,• imii A --: / ' N ,>- . \ -Ea / \ i ilwillibb' . -,_ /1--- . ',/ J -in 1 - )------/IJ /Ji ! arm ! r ��� Li_ ci , Exhibit"C" REVISED UR-1 Interim Zoning Work Plan July 13,2006 02 06 0305 04 05 01 07 02 07 ID Task Name Start Finish Duration Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May 1 Neighborhood Character 3/6/2006 5/1/2006 8.2w 11111, 2 Comprehensive Plan 3/6/2006 5/1/2006 8.2w """"."7 Adopted 3 Design Quality 3/6/2006 3/2/2007 52w 4 Environmental Quality 3/6/2006 8/15/2007 75.6w V 5 Saltese Creek Re-Map 3/6/2006 8/15/2007 75.6w ' '• ' ""' " 6 Public Health/Safety 3/8/2006 8/22/2006 24w S . 7 Hazard Mitigation:Access 3/8/2006 8/22/2006 24w I` - 8 Public Notice 6/9/2006 3/13/2007 39.6w 9 Regulatory Review 3/27/2006 4/24/2007 56.4w ! 7 10 Comp Plan Regs Draft 3/27/2006 4/24/2007 56.4w 11111111111111.11111111111111... NM Original Schedule r2"'"1 Revised Schedule