Agenda 09/08/2005 es
AGENDA
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Skane
�'] SPOKANE VALLEY PLANNING COMMISSION
ValleREGULAR MEETING
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September 8, 2005
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA
APPROVAL OF MINUTES August 25, 2005 minutes
PUBLIC COMMENT — for members of the Public to speak to the Commission
regarding matters NOT on the current agenda.
COMMISSION REPORTS
ADMINISTRATIVE REPORT
COMMISSION BUSINESS
Old Business —
New Business —
Public hearing on the proposed revision of ordinance 04-046, requiring a
PUD have access to a arterial or collector
Public hearing for additional comments regarding the Public Hearing Draft
of the Comprehensive Plan
FOR THE GOOD OF THE ORDER-
ADJOURNMENT
COMMISSIONERS CITY STAFF
Fred Beaulac Marina Sukup, AICP
Robert Blum Greg McCormick, AICP
John G. Carroll, Vice-Chair Scott Kuhta, AICP
David Crosby, Chair Mike Basinger, Assoc.
William Gothmann Deanna Griffith
Gail Kogle
Ian Robertson www.spokanevalley.org
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: September 8, 2005
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ® public hearing
❑ information ❑ admin. report ® pending legislation
AGENDA ITEM TITLE: Public Hearing: An ordinance amending Section 4.08.19.15.3 of the
Spokane Valley Uniform Development Code relating to Planned Unit
Developments (PUDs) to delete the requirement for direct access to
arterial or collector roadways.
GOVERNING LEGISLATION: RCW 36.70, Spokane Valley Ordinance 03-53
PREVIOUS COUNCIL ACTION TAKEN: City Council adopted regulations relating the
Planned Unit Developments (PUDs) by Ordinance
No. 04-046 on November 9, 2004. Council was
briefed on the proposal on August 9, 2005.
BACKGROUND:
City Council has asked to reconsider the requirement that a Planned Unit Development be
required to have direct access to an arterial or collector roadway.
A Determination of Non-Significance was issued on July 20, 2005 with comments due not later
than August 12, 2005 and a draft proposal was submitted to CTED and other agencies for their
review on July 20, 2005.
Planning Commission held a Public Hearing on September 8, 2005, and recommended
approval.
OPTIONS: Approve, provide staff with direction concerning additional amendments, or
disapprove.
RECOMMENDED ACTION OR MOTION: "I recommend approval of Spokane Valley
Ordinance No. 05-xxx".
BUDGET/FINANCIAL IMPACTS: None.
STAFF CONTACT: Marina Sukup, AICP, Community Development Director
ATTACHMENTS:
Draft Ordinance
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,
WASHINGTON, AMENDING ORDINANCE No. 04-046
RELATING TO PLANNED UNIT DEVELOPMENT (PUDs),BY
REPEALING PROVISIONS RELATING TO THE
REQUIREMENT FOR DIRECT ACCESS TO ARTERIALS
AND COLLECTORS; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING EFFECTIVE DATE.
WHEREAS, The Interim Comprehensive Plan adopted by the City of Spokane
Valley pursuant to Ordinance 03-53, specifies dimensional standards for residential and
non-residential development;and
WHEREAS,the Comprehensive Plan Goal ED.5a is to"[p]rovide consistent, fair
and timely regulations that are flexible,responsive and effective"and
WHEREAS, Interim Comprehensive Plan Goal UL.3 is to "[e]ncourage
exemplary developments by providing for flexibility and innovative design through
planned unit commercial/industrial and residential developments";and
WHEREAS, Interim Comprehensive Plan Policy UL.3.1 through UL.3.3
encourage flexible regulations and incentives;and
WHEREAS, there exist geographic areas within the City of Spokane Valley
which would benefit from more flexibility in order to preserve and protect sensitive
environmental resources;and
WHEREAS, the development of Mixed-Use and Urban Activity Centers
identified in the Interim Comprehensive Plan require flexibility for successful design and
implementation;and
WHEREAS, the proposed development regulations must be submitted to the
Washington Department of Community Trade and Economic Development pursuant to
WAC 365-195-620;and
NOW, THEREFORE, the City Council of the City of Spokane Valley,
Washington,do ordain as follows:
Section 1. Section 4.08.19 of the City of Spokane Valley's Interim Zoning regulations is
hereby amended to read as follows:
Section 4.08.19
Planned Unit Development Overlay Zone
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Section 4.08.19.01 Purpose and Intent
The purpose of the Planned Unit Development Zone is to establish a process to foster
creative,efficient,and comprehensive design of site development.The overlay zone is to
be used in conjunction with other zoning classification except the Mining(MZ)zone.
These regulations provide flexibility in site design and offer incentives in order to:
1.Encourage innovative design and the creation of permanent open space.
2.Preserve and enhance special site features.
3.Encourage the conservation of natural features,wildlife habitat,and critical areas.
4.Facilitate the development of mixed-use projects.
5.Encourage the development of street,pedestrian and bicycle paths that contribute to a
system of fully connected routes.
6.Facilitate the economical and adequate provision of public services.
7.Provide for diverse and convenient recreational opportunities.
8.Provide a variety of environments for living,working,and recreation.
Section 4.08.19.02 Applications and Process
1.Planned unit developments shall be initiated by the owner(s)of all property involved,
if under one ownership,or by joint application of all owners having title to all the
property in the area proposed for planned unit development.
2.The planned unit development process entails a preliminary and fmal phase.-,as
follows:
a.The preliminary phase examines the planned unit development plan for compliance
with the requirements of the zone.The preliminary planned unit development is
considered through a public hearing before the Hearing Examiner.Once approved
by the Hearing Examiner,the planned unit development is a binding plan that
defines the concept of the development and uses to be allowed.The planned unit
development approval is valid for a 5-year period,which may be extended by a
period not to exceed twelve months by submitting a time extension request to the
Department.Any extension of time must be requested by the applicant,in writing,
before expiration of the original approval,stating specific reasons for such a
request.
b.The fmal planned unit development plan may be approved administratively,to
determine if all standards,requirements,and conditions of preliminary approval
have been met.
Section 4.08.19.03 Preliminary Planned Unit Developments
The preliminary planned unit development shall have a site development plan,including,
but not limited to,the following:
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1.The exact boundaries and legal description of the property to be developed.
2.The name of the proposed planned unit development.
3.Date,north arrow,and scale of the drawing.
4.Names,addresses,and telephone numbers of the owner(s),applicant(s),engineer,and
surveyor.
5.The general location of all proposed improvements that are to be constructed on the
land,including,but not limited to,all residential and nonresidential structures,
building heights,recreational facilities,walls,fences,refuse areas,streets,walks and
public transit facilities.
6. Setbacks to the property line,roadways,and the planned unit development perimeter.
7.Location of pedestrian and bicycle circulation systems.
8.Common open spaces showing size and functions upon completion.
9.A description of the method of ownership and responsibility for maintenance of all
common open space and private streets.
10.The location and dimension of off-street parking facilities,public and private,
including transit facilities for nonresidential uses.
11.Location and size of all public and semipublic sites if applicable(i.e.,schools,
churches,parks,plazas,etc.).
12.A tabulation of densities within each project area,phase or sector.
13.-If applicable,a subdivision map showing land divisions.The preliminary and final
subdivision map shall comply with the county subdivision ordinance and state
subdivision regulations.
14.A proposed phasing and/or timing schedule.
15.Topographical map of existing terrain at a minimum two foot contour level,including
100-year flood plains identified under the National Flood Insurance program.
16.Natural features to be retained,such as natural slopes,stands of trees,etc.
17.All critical areas as defined in the Comprehensive Plan.
Section 4.08.19.04 Final Planned Unit Developments
1.Prior to expiration of the preliminary planned unit development,approval of a final
planned unit development plan is required.Approval of the final planned unit
development shall be administrative.A final planned unitdevelopment differs from
the preliminary planned unit development in the amount of detailed information
provided.In addition to all of the information required for a preliminary planned unit
development,the final planned unit development plan shall include the following
items.
a.Approved road plans.
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b.Approved drainage system plans.
c.Typical building footprints.
d.A tabulation of the percentage of total building coverage in the development.
e.A schematic landscaping plan indicating the type and the size of plant material to
be used,and the method for providing permanent maintenance to all planted areas
and open spaces.
2.Any planned unit development not finalized before the expiration of the preliminary
planned unit development approval shall become void,unless a time extension is
granted by the Director of Community Development. Construction shall not
commence until a planned unit development has been given final approval.
Section 4.08.19.05 Phased Planned Unit Developments
1.A planned unit development may be developed in phases,subject to an approved
phasing schedule.All construction and improvements not completed within five(5)
years of approval of the phased final planned unit development are subject to
compliance with updated City Standards through a time extension action.Any
planned unit development where construction has not commenced before expiration
of the final planned unit development approval shall become void.
2.Each phase of the proposed development must contain the required parking spaces,
common open space,ingress,egress and transportation circulation landscape,and
utility areas necessary to sustain that phase as an independent development,in the
event that the remaining property is not developed.
Section 4.08.19.06 Modifications
1.The Hearing Examiner may require modifications to the application for a planned unit
development to ensure that the purpose and intent of this chapter is accomplished.
2.A substantial modification to the approved preliminary or final planned unit
development plan shall only be approved through a change of condition application
process.All modifications which are not minor shall be considered substantial.
3.A minor modification to the preliminary or fmal planned unit development plan may
be approved administratively.Minor modifications shall be consistent with the
following requirements:
a.The modification shall be limited to minor shifting of the location of buildings,
proposed streets,utility easements,or common open space.
b.The modification shall not:
i.Enlarge the boundaries of the approved planned unit development plan.
ii.Change the approved uses.
iii.Change the general location or amount of land devoted to a specific land
use.
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iv.Increase the residential densities.
Section 4.08.19.07 Permitted Uses
Used allowed in a planned unit development include those uses allowed in the underlying
zone(s)and those accessory uses and structures ordinarily associated with a permitted
use.
Section 4.08.19.08 Development Standards
Prior to the issuance of a building permit,evidence of compliance with provisions of this
chapter,when applicable,shall be provided to the Division.
Section 4.08.19.09 Density
1.The total units permitted in a planned unit development shall be determined as follows.
a.In any planned unit development,the number of dwelling units per acre of land
shall not exceed that which is permitted by the underlying zone(s),except as
approved for density bonus by the Hearing Examiner subject to the following
procedures.However,this does not preclude an applicant from transferring
density from one portion of the development to another portion of the
development,so long as the total project does not exceed the maximum density of
all zoning classifications included within the project boundary.
Residential density shall be determined by the following formula:
Maximum number of
Net units per acre Density Total Units
Development x allowed in + Bonus = Permitted
Factor underlying zone Earned
b.The net development factor is the acreage of the planned unit development area
minus the area set aside for,or existing in,any of the following:
i. Schools.
ii. Commercial and/or industrial uses.
iii. Single-family residential platted areas,if determining net development factor
for the multifamily portion of a mixed single-family,multifamily
development.
iv. Natural water bodies,including lakes,streams,swamps,marshes,and bogs
which are not incorporated in the common open space plan of the planned unit
development.
v. 75%of areas having slopes that exceed 40%.
vi. Public or private streets.
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2.Bonus Density: The following units per acre may be cumulatively earned as additional
density to the maximum base unit density of the underlying zone.
a.Common Open Space.
i. 0.3 unit-per-acre bonus if at least 50%of the dry,common open space has a
slope of 10%or less.
ii.0.5 unit-per-acre bonus if significant recreation areas are developed and
equipped with at least 2 of the following features:hard surface biking,hiking or
walking trails connecting the entire development;improved playfields,sport
courts;swimming or wading pool;or children's play areas that incorporate play
structures/equipment and are at least 10,000 square feet in size.
b.Environmental Concern.
i.0.3 unit-per-acre bonus if general public access is provided to lake or river;to
trails,0.1 unit-per-acre bonus;to scenic viewpoint,0.1 unit-per-acre bonus.
ii. 1.0 unit-per-acre bonus if 40%or more of the existing,disease-free trees over
10 inches in diameter,are retained on the site.Tree diameter shall be measured at
6 feet above the ground. This bonus shall only apply in forested areas where the
density of the above-described trees is equal or greater than 10 trees per acre. The
health of the trees shall be certified by a licensed arborist.
c.Internal Circulation and Parking.
i-0.2 unit-per-acre bonus if nonresidential parking areas are kept small(10 to 20
spaces in a group)and interspersed with landscaping,or provided within or under
main buildings.
ii. 1.0 unit-per-acre bonus for an interconnected roadway system without cul-de-
sacs.
iii.0.5 unit-per-acre bonus for an un-gated development allowing through access
to the public.
d.Public Service and Facility Availability.
i. 0.3 unit-per-acre bonus if public transit is available within'/4-mile walking
distance of the majority of dwelling units and offices.The walking route shall be
hard-surfaced and accessible,and may require an off-site sidewalk/pathway.
ii. 0.2 unit-per-acre bonus if off-site convenience shopping facilities are
functionally accessible within reasonable walking distance(approximately'/4-
mile).The walking route shall be hard-surfaced and accessible,and may require
an off-site sidewalk/pathway.
iii.0.5 unit-per-acre bonus if special facilities for public transit are incorporated
into the design and approved by the STA_(e.g.,sheltered,lighted waiting/loading
facilities,including benches and park-and-ride spaces).
iv.0.2/acre for school bus loading shelters approved by the school district.
6
Section 4.08.19.10 Parking,Signage,and Landscaping Standards Parking,signage
and landscaping standards shall be as provided in chapter 14.802,Off-Street Parking and
Loading Standards;chapter 14.804, Signage Standards;and chapter 14.806,Landscaping
and Screening Standards.
Section 4.08.19.11 Storage Standards All storage in the planned unit development zone
shall be within a closed building,except for the storage of retail products that are for sale
or rent,which may be stored outdoors during business hours only Outdoor storage of
retail products shall not be within any required front or side yard,nor in any public street
or road right-of-way.
Section 4.08.19.12 Refuse Storage All outdoor trash,garbage and refuse storage areas
shall be screened on all sides from public view and,at a minimum,be enclosed with a
5'/z-foot-high concrete block,masonry wall,or sight-obscuring fence with a sight-
obscuring gate for access. Single-family and duplex residences are exempted from this
provision.
Section 4.08.19.13 Mechanical Equipment All rooftop mechanical equipment shall be
screened from adjacent roadways and properties,so as not to be visible by persons
standing at the property line.
Section 4.08.19.14 Utilities All utilities shall be underground.
Section 4.08.19.15 Additional Requirements
1. All streets shall meet or exceed the current design and construction standards for
public streets adopted by the City of Spokane Valley,as they may be amended from time
to time.
2. All areas which are to be occupied or traveled over by motor vehicles shall be paved.
3. No proposed street shall impede the current or future development of any arterial or
-- Deleted:All PUDs shall have direct
collector identified on the Arterial Road Plan. , access to a designated collector or
arterial.
4. Energy efficient street lights shall be located at the entrance of the development and
at each intersection. The lights shall be owned and maintained by the homeowners'
association or local electric utility.
5. Maintenance of Private Streets and Common Areas.
a. Residential developments. A homeowners' association shall be created
pursuant to RCW Chapter 64.38. The association shall be created for the
purpose of managing and maintaining private streets,common areas,and
other improvements not otherwise owned by individual lot owners,and any
other lawful purpose allowed under RCW Chapter 64.38.
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b. Nonresidential developments. An association or other legal entity shall be
created pursuant to the laws of the State of Washington for the purpose of
managing and maintaining private streets,common areas,and other
improvements not otherwise owned by individual lot owners,and any other
lawful purpose.
c. Declaration of Covenants,Conditions and Restrictions shall be recorded
with the Spokane County Auditor for all planned unit developments
containing private streets and/or common areas._The Declaration of
Covenants,Conditions and Restrictions shall include the following
provisions:
i. Repair and Maintenance Rights and Duties of
Association: The Association shall maintain, repair and
replace all parts of the common area including private
streets,drainage systems,and retention ponds or similar
drainage facilities, or shall contract for such
maintenance, repair and replacement to such areas are
maintained in good condition and function for their
intended use.
ii. Maintenance of Private Streets: The private streets, as
designed and approved by the City of Spokane Valley,
have been or are being constructed for the purpose of
providing ingress and egress and pedestrian access to
the property. The City of Spokane Valley has no
obligation to maintain, repair or reconstruct the private
streets. The Association is responsible for repairs and
maintenance. The Association shall maintain the
private streets in reasonable conformance with the
approved private road plans on file with the City of
Spokane Valley.
iii. Dissolution of Association: The Association may be
dissolved only if ownership and maintenance
responsibility of common areas, common area
roadways,and drainage control features is assumed by a
governmental entity with the authority to assume such
ownership and upon written acceptance of the same by
the governmental entity. It is not the policy of the City
of Spokane Valley to assume ownership of common
areas, private streets or other common area
improvements.
iv. Enforcement: The Board, any Owner, and any
governmental or quasi-governmental agency or
municipality having jurisdiction over the Project shall
have the right to enforce,by any proceeding at law or in
equity, all restrictions, conditions, covenants,
8
reservations, liens, and charges now or hereafter
imposed in the Declaration, and all such action shall be
entitled to recover cost and reasonable attorneys fees as
ordered by the Court.
v. Reserve Fund: The Association shall exercise good
faith and best efforts to maintain a Reserve Fund for the
maintenance of private streets and other improvements
such as common greenbelts, security station structures
and equipment, and other infrastructure. This Reserve
Fund should not be co-mingled with any other
association fund. The balance of the fund should be
equal to the total replacement cost of the private streets
and other improvements divided by the average life
expectancy of those improvements times the age of the
improvements.
vi. Access Required:Emergency vehicles utility personnel,
the U.S.Postal Service, and governmental employees in
connection with their official duties shall have access to
the planned unit development
6. Drainage improvements shall be designed,constructed and maintained in accordance
with the current Spokane Valley Storm Water Management Standards,as they may be
amended from time to time.
7.Pedestrian Circulation Facilities.Within planned unit development projects,pedestrian
circulation facilities serving each unit shall be provided on both sides of the street or
private road and shall be:
a.Hard-surfaced with asphalt or concrete.Asphalt walkways shall be only allowed
when physically separated by a minimum of 7' from the vehicle roadway.
Alternative hard surface material may be used when approved by the Public
Works Department. Sidewalks separated by less than 3' from the roadway shall
have a vertical curb separating sidewalk from roadway.Walkways shall meet
accessibility standards.
b.Functionally and safely convenient to each dwelling unit served;
c.Functionally and safely convenient to schools and to industrial,commercial,
recreational and utility areas within or adjacent to the project;
d. Sufficiently wide(minimum of six[6]feet for commercial areas and five [5]
feet for residential areas)to accommodate potential use;
e.Located and designed in accordance with approval from the City of Spokane
Valley
Section 4.08.19.16 Required Open Space
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1.Required Open Space:A minimum of 10%of the total area of the planned unit
development shall be designated and maintained as common open space.Required
landscape areas and storm water facilities shall not be used in the calculation of open
space.
2.Types of Open Space:Land dedicated for open space should be usable for either
greenbelts that serve as a buffer between land uses,using existing vegetation and new
plant materials,active or passive recreational activities,or for protecting environmentally
sensitive areas or critical areas.Unusable open space includes the design of areas that do
not meet the intent and purpose of this chapter,such as open space areas that are not
accessible to residents of the development,or do not function for active/passive
recreation or do not conserve wildlife habitat or other natural features.
3.Maintenance and Ownership of Common Open Space:The applicant shall choose 1 or
any combination of the following methods of administering common open space:
a.Dedication of common open space to the City,which is subject to formal City
acceptance;or
b.Establishment of an association or nonprofit corporation of all property owners
or corporations within the project area to ensure ownership of and responsibility
for perpetual maintenance of all common open space.
4.Transfer of Ownership. Where dedication to the public or a homeowners' association
is proposed required improvements shall be completed prior to any transfer of ownership.
Where improvements are not completed in accordance with these_requirements,building
permits and/or approval of permitted structures may be withheld upon notification to the
Building Official by the Community Development Director,pending completion of said
improvements.
5.Phasing:All common spaces,as well as public and recreational facilities,shall be
specifically included in the phasing schedule and be constructed and fully improved by
the applicant at an equivalent or greater rate than the construction of structures.
Section 2. Section 4.15.1 of the Spokane Valley Uniform Development Code is
hereby amended to add the dimensional standards for residential PUDs as shown on
Attachment"A"made a part hereof for all purposes.
Section 3. Chapter 14.704 Planned Unit Development Overlay Zone of the
Interim Zoning Code is hereby repealed.
Section 4. 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 5. Effective Date. This Ordinance shall be in full force and effect on
the official date of incorporation provided publication of this Ordinance or a summary
thereof occurs in the official newspaper of the City as provided by law.
PASSED by the City Council this day of ,2005.
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Mayor,Diana Wilhite
ATTEST:
City Clerk,Chris Bainbridge
Approved as to Form:
Office of the City Attorney
Date of Publication:
Effective Date:
11
Section 4.15.1 Residential Zone Dimensional Standards
UR-3.5(3)(1) UR 7(361) UR 12(3)(') UR 22(3)(1)
Residential
Single Single Multi- Single Multi- Single Multi- PUDsMCI)
Family Duplex Family Duplex family Family Duplex family Family Duplex family
Lot Area/Dwelling
Unit 10,000 20,000 6,000 11,000 15,000 4,200 5,000 6,000 1,600 3,200 6,000 1,600
Lot Frontage 80 80 65 90 100 50 50 60 20 40 60 30
Lot Depth 80 80 100 80 80 100 50
Front Yard Setback
E (5) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15m 15(2) 15(2) 15(2) 15(5)
E Garage Setback
c ra 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(2) 20(5)
Rear Yard Setback
(4)(5)(6) 20 20 20 20 15 20 20 15 20 20 15 15
Side Yard Setback
(4x5)(6) 5 5 5 5 5 5 5 5 5 5 5 5
Side Yard Setback
(flanking Street)(5) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 15(2) 10
Open Space 10%gross
area
Density(DU/Acre) 4.35 4.35 7 7 7 12 12 12 22 22 22 Zone+Bonus
E Lot Coverage 50.0% 50.0% 55.0% 55.0% 55.0% 60.0% 60.0% 60.0% 65.0% 65.0% 65.0% 60.0%
E Building Height(in
@ feet) 35 35 35 35 35 40 40 40 50 50 50 Zone
• Building Height(in
stories) 2% 2% 2% 2% 3 3 3 4 4 4 Zone
(') "Clear view"Triangle required
2) Measured from property line outside border easement,if any
Zero setbacks along rear and/or one side are allowed provided that a 5'-0"construction and maintenance easement(s)is recorded with the Spokane
(3) County Auditor prior to issuance of a building permit.Minimum rear yard setbacks on zero lot line configuration shall not be less than fifty(50)feet or the
sum of the rear yards required by the underlying zone,whichever is greater.
(4) Minimum side yard setbacks between dwelling units and adjacent lots shall not be less than 10 feet on the side opposite the zero in a zero lot line
configuration
(5) Institutional and Office uses have the same setback as residential uses in zones where permitted. Attached garages loading from the side may have the
same setback as a principal structure.
(6) Permitted accessory structures shall maintain a five foot(5'-0")side and rear yard setback
ATTACHMENT"A"
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, q RECEIVED
SEP 0 8 2005
SPOKANE VALLEY
SpokaneDEPY OF
COMMUNITY DEVELOPMENT
4.000Vale g
Plannin Commission
Public Comments
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For the Proposal Against the Proposal Neutral
Wish to Speak? Yes No
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SEP 0 8 2005
Sl okane SPOKANE VALLEY
DEPARTMENT OF
COMMUNITY DEVELOPMENT
.0000ValleyPlanning Commission
Public Comments
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Agenda Item:
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Wish to Speak? /(Yes No
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OKANE VALLEY
SpoI "aneD PARTMENOF
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SEP n 8 2005
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SEP n 8 2005
SPOKANE VALLEY
SpokaneDEPY OF
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Public Comments
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RECEIVED
SFP n 8 2005
SiiokaneSPOKANE VALLEY
DEPARTMENT OF
COMMUNITY DEVELOPMENT
4000ValleyPlanning Commission
Public Comments
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Agenda Item:
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7 3 RECEIVED
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SEP 0 8 2005
SPOKANE VALLEY
DEPART NT OF
COMMUNI LOPME(tI
a/L._)
.0,00Valleg
�Plannin Commission
Public Comments
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D ARTMENT OFCOMMUNITY DEVELOPMENT
4.0.0 Planning Commission
Public Comments
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0....f\kftw& SPOKANE VALLEY
*TameDEPARTMENT OF
COMMUNITY DEVELOPMENT
400001;Valleypianning Commission
Public Comments
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Phone Number J a to 9 ® 9 61
Email address
Agenda Item: �" w•-Q
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6 ', z ` RECEIVED V)
SEP n 8 2005
C1T1'(}F ! SPOKANE VALLEY
Dene DEPARTMENT OF
COMMUNITY DEVELOPMENT
.00 Valleypianning Commission
Public Comments
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42
For the Proposal '0' Against the Proposal Neutral
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Page 1 of 3
Deanna Griffith
From: Mary Pollard [maryp@icehouse.net]
Sent: Tuesday, August 30, 2005 11:20 PM
To: Deanna Griffith
Subject: Re:
Please forward the amended language and the rationale for changing the
PUD ordinance. I am very concerned about amending this requirement
because of the large number of unimproved roads throughout the Valley.
While the present ordinance requires exit onto a t collector or arterial - many
of the ones classified as these kinds of roads need improvements - PUD's
Wpically contain a large number of homes with each homes traffic count at
about 10 trips per day. On an unimproved road that increases the risk - if
Spokane Valley's roads were mainly up to code this wouldn't be such a big
concern. It reminds me of a developer named Crapo who is unhappy with
the city for denying his PUD on 4th and Barker. That road leads to
Greenacres Elementary and was opposed by the community due to the road
problems. I oppose changing this ordinance based on the above. Also, all
other inconveniences to the community have not brought forward any
ordinance changes to help existing communities cope. I recall being told
that "first the comprehensive plan must be adopted and then the ordinances
follow" While the council can recommend an ordinance at any time this
seems very inappropriate in view of the need to revisit the entire
development standards. If we do not raise the threshold from a minimum is
good enough mentality - people who move here will move on if their home
environment is mediocre. How is this suppose to improve standards for the
entire community or help economic development? If I am not understanding
this properly I will be happy to be enlightened.
Thank you for your consideration in forwarding this important issue.
Mary Pollard
—Original Message—
From: Deanna Griffith
To: deannagriffith03@msn.com ; Deanna Griffith
Cc: dave@americandreamhomes.com ; fjjbeau@msn.com ; gailvanize(. comcast.net; Greg
McCormick; pastorian@aol.com ;john@servicemasterofthevalley.com ; Marina Sukup ; Mike
Basinger; RTB059@hotmail.com ; Scott Kuhta ; billgoth@asisna.com
Sent: Monday,August 29, 2005 3:31 PM
City of Spokane Valley Public Hearings regarding the Draft Comprehensive
Plan and the amendment of the PUD Ordinance.
NOTICE IS HEREBY GIVEN that the City of Spokane Valley Planning
Commission will conduct a public hearing on the City of Spokane Valley Public
Hearing Draft Comprehensive Plan and the Ordinance regarding regulations
9/8/2005
of_ g-o5
North Greenacres Neighborhood Testimony
September 8, 2005
Mary Pollard
Chair of North Greenacres Neighborhood
17216 E. Baldwin Ave.
Greenacres, WA 99016
�
P. U.D. . �' �, �, d,c,/,
We are recommending that there not be a change in the requirement
that developments, PU D's must access an arterial or a collector.
The comprehensive plan is not finished and this is too premature and
smacks of catering to development pressure.
Spokane Valley has little money for road improvements. This could
mean that large amounts of traffic could be spilling into a road that is
not improved — such as on 4th just off of Barker — where large amounts
of children and cars use this road to access Barker Elementary.
There is little protection for any neighborhood unless there is an
ordinance that causes more scrutiny.
Also, there should not be any change in Phase 1 regulations that strictly
enforced that U.R. 7* not have more than 6 homes per acre. By
allowing bonus housing that would change the present Phase 1
regulations would allow increased housing on roads in this early stage
that are only improved in front of the development. Also because the
city has not assessed or imposed impact fees, every house puts the city
at a deficit in providing services. Off site improvements to the
community are not paid by development — we need two new schools in
Central Valley School District, and the high schools are full. it is
ludicrous to entice developers and reward developers to squeeze in a
few more homes when the rest of the community is being penalized and
the quality of our educational facilities is being sacrificed.
Street light in developments should be full cut off in order to reduce
light trespass onto adjacent properties and beyond the roadways. Also,
many people enjoy the night skies and we can achieve appropriate
lighting without sacrificing our skies and intrude on neighbors who
appreciate when night comes without needing blackout shades from
street lights.
2 eu
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Stephen Hormel
PUD- affected Property Owner
516 S Barker Rd.
submitted 19/13/05
September 8, 2005
City of Spokane Valley Planning Commission
Re: PUD Ordinance restricting Planned Unit Developments on Rural Roads
My wife and I are owners of property at 516 South Barker Road. This property sets adjacent
to the property that is sought to be developed by Mr.Dennis Crapo,along with Whipple Consulting
Engineers, Inc (the Applicants). That Applicants initially applied for development of a PUD on
property that is located along the south side of 4'h Avenue,west of the intersection of 4'h Avenue and
Barker Road. This property is approximately 4.6 acres. The Applicants also sought a rezone from
UR 3.5 to UR *7 zoning.
The hearing examiner granted the rezone,but denied the PUD. The PUD was denied because
the access road would be made on 4'h Avenue, a rural road. The PUD Ordinance at issue in this
hearing prevents placing PUDs with access on rural roads.
It is being suggested by the Applicants(through counsel)that such ordinance does not make
sense and that they know of no other community that has such a restriction. It is suggested that
normally municipalities want access to smaller roads to avoid traffic congestion on main arterials.
I do not believe that the Applicant's position is accurate. It may well be that local
government's attempt to prevent access to PUDs on 4 lane arterials,but that has no bearing on the
types of roads in our immediate neighborhood. For example,Turtle Creek development has access
from Barker Road. Long Road is the access for the development where Mr. Crapo lives. Both of
these roads are wider collector or arterial two lane roads. They are not rural roads.
The Applicant also takes the position that the PUD Ordinance restricting PUDs from access
on rural roads is somehow unconstitutional. As the Applicant's attorney will concede,the Ordinance
is constitutional if there is some"rationale basis"to justify the ordinance. Here,especially when you
look at 4'h Avenue, it can easily be established that the Ordinance in question has a"rational basis"
in the law.
Finally, I understand that the Applicant believes that some engineer justification is needed
for the ordinance or that the recommendation should have come from an engineer before the
ordinance was recommended to and Council and passed by the Council. Such belief is not warranted
here. One drive, or one look at the narrowness of 4'h Avenue provides plenty of justification and
needs no engineer to figure out why the Ordinance at issue here is wise.
I have taken some pictures of 4th Avenue. They are attached. The first picture shows two '/2
ton pick-up trucks side-by-side on 4th. This picture demonstrates the narrowness of 4th Avenue. The
picture is taken from the spot of the PUD application, submitted by the Applicants(part of the sign
is located on the right side of the picture for reference). The next two pictures show the narrowness
of the road at the intersection of Barker Road and 4th Avenue.
The narrowness of 4th Avenue is key. At the other end of 4th Avenue, at the intersection of
Long, is the Greenacres Elementary School. There are school children that walk along 4th and ride
bikes on 4th Avenue. Increase traffic by a higher density PUD on 4th is a massive health and safety
issue for the children and property owners living on 4th Avenue. 4th Avenue is a rural road with no
sidewalks. As can be seen by the pictures,the residential properties abuts the street with no real or
natural walkways. This distinguishes roads like Barker and Long and Sprague from roads like 4th
Avenue.
Prohibiting PUD access on rural roads like 4th makes complete sense in light of the health,
safety,and morals of the community. In order to preserve health and safety on these narrower roads,
it is rational that our city officials would limit access to streets like Barker Road and Long which are
wider and don't present the safety issues presented by a PUD's access on to rural roads.
I am unable to attend tonight's public meeting due to a family emergency. This family matter
may keep me from attending any City Council meeting next week. I ask the Planning Commission
to delay any recommendation to the City Council until the end of next week so that I may attend any
public meeting on the City Council's decision based on your recommendation.
Additionally,this affects me directly because I have filed in the Superior Court of Spokane
County a "LUPA" Petition on the decision to rezone the subject property. I do not want to be
prejudiced on the PUD decision and my ability to participate fully in that decision since I was a
respondent in the appeal before the City Council on the PUD Ordinance at issue.
I therefore request that the Planning Commission recommend to the City Council that the
current ordinance restricting PUD access on rural roads remain in affect. Th.. ordinance helps
preserve the health and safety of our community and for that reason is ration. y based.
Sincerely,
// /4 p
Stephen R. Hormel
Affected Property Owner
516 South Barker Road
Spokane Valley, WA 99016
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PUD- affected Property Owner
516 S Barker Rd.
submitted 19/13/05
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