Ordinance 09-015 Amending Comprehensive Plan CPA 01-09 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 09-015
AN INTERIM ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON ADOPTING A NEW SECTION OF THE UNIFORM DEVELOPMENT CODE,
SPECIFICALLY SECTION 19.30.015, AND AMENDING EXISTING SECTION 17.80.030
AND 17.80.140 TO ESTABLISH A PROCEDURE FOR CONSIDERATION OF DEVELOPER
AGREEMENTS IN CONJUNCTION WITH AN AMENDMENT TO THE COMPREHENSIVE
PLAN AND THE COMPANION ZONE CHANGE ON AN INTERIM BASIS PURSUANT TO
RCW 36.70A.390 AND RCW 35A.63.220 AND SETTING A PUBLIC HEARING.
WHEREAS, The City of Spokane Valley adopted the Uniform Development Code (UDC) pursuant to
Ordinance 07-015 on the 24` day of September, 2007; and
WHEREAS,the UDC became effective on the 28th day of October, 2007; and
WHEREAS, the adopted UDC does not specifically provide for the consideration of a developer
agreement in conjunction with a comprehensive plan amendment and companion zone change processed
as part of the City of Spokane Valley's annual amendment to the Comprehensive Plan; and
WHEREAS, such an agreement is authorized by RCW 36.70B.170-210; and
WHEREAS, one application considered by the City Council of City of Spokane Valley in conjunction
with the annual amendment process contemplated such an agreement but consideration of the same could
not move forward without such a process being established;and
WHEREAS, an interim regulation allowing consideration of such a process would allow the timely and
consistent consideration of the specific application, requiring immediate consideration and action by
council to avoid significant delays.
NOW, THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH
BELOW:
Section one: Pursuant to RCW 36.70A.390 and RCW 35A.63.220 the city adopts this interim zoning
ordinance adding section 19.30.015 as set forth below and amending section 17.80.030 and 17.80.140 as
set forth below. This interim ordinance shall be effective for six (6) months from the effective date of
adoption.
Section two: Pursuant to RCW 36.70A.390 and RCW 35A.63.220 a public hearing before the City
Council to consider this interim development code amendment shall be set for September 8,2009..
Section three. amending SVMC 17.80.030: Section 17.80.030 shall be amended as follows:
Ordinance 09-015 Developer Agreement Page 1 of 7
17.80.030 Assignment of Development Application Classification
1. 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-Applicatibn Cross Reference-
SVMC Chapter
Accessory Dwelling Units 19.100
Administrative Determinations by Community Development Director, Public Works Director, or Building Multiple
Of£icial-
Administrative Exception 19.140
Administrative Interpretation 17.50,010
Boundary Line Adjustments and Eliminations 20.80
Home Occupation Permit 19.140
Right-of-Way Permits 22.130.060
Shoreline Permit Exemption (dock permit) 21.50
i Type --
1 Site Plan Review 19.130
Temporary Use Permit I9.160
Time Extensions for preliminary subdivision,short subdivision or binding site plan 20,30.060
Floodplain development 21 30
Building Permits not subject to SEPA I 21.20.040
Minor modifications of development agreements 19.30.015(1)
Grading Permits 24.50
Binding Site Plan—Preliminary and Final 20.50
Binding Site Plan—Change of Conditions 20.50
Wireless Communication Facilities 22.120
Subdivision–Final 20-40
Type I t Plat Alterations—Final 20.60
SEPA Threshold Determination 21,20.060
Preliminary Short Subdivision,Binding Site Plan—Change of Conditions 20.30
Shoreline Substantial Development Permit 21.50
Short Subdivision—Preliminary and Final 20.30,20 40
Type Conditional Use Permits 19.150
Ill -
Subdivisions-Preliminary 20.30
Variance 19.170
R -
Ordinance 09-015 Developer Agreement Page 2 of 7
Table 17.80-1 Permit Type and Land Use Application
Type Land Use and Development Application Cross Reference—
SVMC Chapter
Preliminary Subdivision—Change of Conditions 20.50
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
IV Development Development Agreements associated with Comprehensive Plan Amendments 17.80.140
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.
Ordinance 09-015 Developer Agreement Page 3 of 7
2. All registered applications shall be reviewed concurrently, on an annual basis and in a
manner consistent with RCW 36.70A.l 30(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 providedfor 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
fi. 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 R.CW 36.70A
and with the portion of the City's adopted plan not affected by the amendment;
Ordinance 09-015 Developer Agreement Page 4 of 7
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 findings 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 live. amending SVMC 19.30: SVMC Chapter 19.30 shall be amended by adding a new section
19.30.0 1 5 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
Ordinance 09-015 Developer Agreement Page 5 of 7
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.
Ordinance 09-015 Developer Agreement Page 6 of 7
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 CO 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
Section six: Severability. If any section, sentence clause or phase of this Ordinance should 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,clause or phrase of this Ordinances.
Section seven: Effective date. This ordinance shall be full force and effect five (5) days after the
publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as
provided by law.
Passed by the City Council this 11th day of August,2009.
{ ayor, Ri, unson
TIPSZ
1
d'.'ty Clerk, Christine Ba bridge
Approved as to Form:
Office of the City Attorney
Date of Publication:
Effective Date: a{ 676,oe0
Expiration Date:
Ordinance 09-015 Developer Agreement Page 7 of 7