Ordinance 19-001 amends 19.70 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 19-001
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING CHAPTER 19.70 OF THE SPOKANE VALLEY
MUNICIPAL CODE RELATED TO OPEN SPACE REQUIREMENTS IN THE MIXED
USE ZONES,AND OTHER MATTERS RELATING THERETO.
WHEREAS,the City of Spokane Valley(City) previously adopted Title 19 of the Spokane Valley
Municipal Code relating to zoning regulations, and has made subsequent amendments from time-to-time
as appropriate; and
WHEREAS, such regulations are authorized by RCW 36.70A; and
WHEREAS, on August 10, 2018, the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106(3)(b), providing a notice of intent to adopt amendments to Spokane Valley
development regulations; and
WHEREAS,on September 7 and I4, 2018, notice of the Planning Commission public hearing was
published in the Valley News Herald; and
WHEREAS, on September 13, 2018,the Planning Commission held a study session; and
WHEREAS, on September 27, 2018, the Planning Commission held a public hearing, received
evidence, information, public testimony, and a staff report with a recommendation, followed by
deliberations; and
WHEREAS, on October 11, 2018, the Planning Commission approved the findings and
recommended that City Council adopt the amendments; and
WHEREAS, on November 20, 2018, City Council reviewed the proposed amendments, Planning
Commission findings, and Planning Commission recommendation; and
WHEREAS, on December 4, 2018 City Council considered a first ordinance reading to adopt the
proposed amendment; and
WHEREAS, City Council determined the open space requirements do not apply to properties
within 1,300 feet of a public park or trail which includes approximately sixty percent of the property that
is zoned mixed use, and
WHEREAS, City Council determined the remaining approximately forty percent of mixed use
zoned property is economically disadvantaged by the need to provide open space; and
WHEREAS, City Council considered that the mixed use zoning district is intended to provide for
development that integrates a mix of uses that may include residential,commercial,light industrial,cultural,
and institutional uses; and
'WHEREAS, City Council considered that the open space needs in mixed use zoning districts are
generally met through the public open spaces found in the mixed use zones; and
WHEREAS, on January 8,2019, City Council conducted a public hearing and heard the public on
the proposed Ordinance No. 19-001; and
Ordinance 19-001 Page 1 of 5
WHEREAS,the amendment set forth below is consistent with the goals and policies of the City's
Comprehensive Plan; and
WHEREAS, chapter 19.70 SVMC, as amended, bears a substantial relation to the public health,
safety, welfare and protection of the environment.
NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend SVMC 19.70.020 and SVMC
19.70.050 to eliminate the open space requirements for residential development in the mixed use zones.
Section 2. Findings and Conclusions. The City Council read and considered the Planning
Commission's finding and recommendation and determined that the recommended changes may impede
development within the mixed use zones within the City of Spokane Valley. The City Council held a
public hearing on the proposed amendment and determined that the open space needs for residential
development in the mixed use zone can be met by public open space. City Council hereby makes the
following findings:
A. Growth Management Act Policies - Washington State Growth Management Act (GMA)
provides that each city shall adopt a comprehensive land use plan and development
regulations that are consistent with and implement the comprehensive plan.
B. City of Spokane Valley Goals and Policies-The City of Spokane Valley has adopted goals
and policies consistent with the GMA and adopted County-Wide Planning Policies, set
forth below.
Goal LU-G3: Support the transformation of commercial, industrial, and mixed—use
areas into accessible districts that attract economic activity;
Goal LU-G4: Ensure that land use plans, regulations, review processes, and
infrastructure improvements support economic growth and vitality.
Policy LU-P9: Provide supportive regulations for new and innovative development
types on commercial, industrial, and mixed use land.
Policy LU-P13: Work collaboratively with landowners and developers that seek to
provide mixed-use residential projects;
Policy LU-P16: Maximize the density of development along major transit corridors
and near transit centers and commercial areas;
C. Conclusions
1. The proposed amendment bears a substantial relation to public health,safety,
welfare, and protection of the environment.
2. The proposed City-initiated Code text amendments are consistent with the
City's adopted Comprehensive Plan and the approval criteriapursuant to
SVMC 17.80.150(F).
Section 3. Amendment. SVMC 19.70.020 is hereby amended as follows:
19.70.020 Residential standards.
Residential development shall meet the standards shown in Table 19.70-1. Standards for alternate
residential development are set forth in Chapter 19.40 SVMC, Alternative Residential
Development Options, and standards for planned residential developments are set forth in Chapter
19.50 SVMC, Planned Residential Developments.
Ordinance 19-001 Page 2 of 5
Table 19.70-1—Residential Standards
R-1 R-2 R-3 MFR<'
Front and Flanking Street Yard 35' 151
is' 15'
Setback
Garage Setback(2) 35' 20' 20' 20'
Rear Yard Setback 20' 20' 10' 10'
Minimum.
Side Yard Setback 5' 5' 5' 5'
Open Space N/A N/A N/A 10% gross
area(a)
Lot Size ) 40,000 sq. ft. 10,000 sq. it. 5,000 sq. ft. N/A
Lot Coverage 30.0% 50.0% 50.0% 60.0%
Maximum Density 1 du/ac 4 du/ac 6 du/ac 22 du/ac
Building Height(5) 35' 35' 35' 50'
Where MFR abuts R-1, R-2, or R-3 zones, development shall comply with the provisions of
(1) Chapter 19.75 SVMC,Transitional Regulations.
Attached garages, where the garage door does not face the street, may have the same setback as
(2) the primary structure.
(3) Open space requirement does not apply to single-family development in the MFR zone.
Single-family residential development in the MFR zone shall have a minimum lot size of 2,000
(4) square feet per dwelling unit. Only one single-family dwelling shall be allowed per lot.
The vertical distance from the average finished grade to the average height of the highest roof
(5) surface.
Section 4. Amendment. SVMC 19.70.050 is hereby amended as follows:
19.70.050 Additional standards.
A. Structure intrusions into setbacks are prohibited except:
1. The ordinary projections of window sills, belt courses, cornices, and other architectural features
projecting not more than 12 inches and roof eaves projecting not more than 24 inches.
Ordinance 19-001 Page 3 of 5
2.Minor features of a structure,such as chimneys, fire escapes, bay windows no more than 12 feet long
and which cantilever beyond the foundation of the structure, uncovered stairways, wheelchair ramps,
and uncovered decks or balconies, may extend into a required setback up to 20 percent of the depth of
the setback. However,these features may not be within three feet of a lot line when a setback is required.
3.Attached mechanical equipment such as heat pumps, air conditioners, emergency generators, and
water pumps are allowed to project not more than 24 inches into the side or rear setback only.
4. Fences that meet the requirements set forth in SVMC 22.70.020.
5. Walkways and driveways, including parking in the driveway, are allowed in the front yard setback of
R-1, R-2, and R-3 zones only.
6. Canopies, marquees, awnings, and similar features in mixed-use or nonresidential zones may fully
extend into a front yard setback subject to the requirements of SVMC Title 24.
B. Supporting member of any garage, carport, portable carport, or other automobile storage structure shall
not be located within the required front yard.
C.Accessory structures shall not be erected within five feet of any rear or side property line, or be located
within the front yard or any public or private easement.
D.Where applicable, structures shall not be erected to a height in excess of that permitted by SVMC
19.110.030,Airport hazard overlay.
E. In R-1, R-2, and R-3 zones, cooling towers, roof gables, chimneys, and vent stacks may extend for an
additional height,not to exceed 40 feet,above the average finished grade of the building. Water stand pipes
and tanks, church steeples, domes and spires, and school buildings and institutional buildings may be
erected to exceed maximum height requirements; provided, that one additional foot shall be added to the
width and depth of front, side, and rear yards for each foot that such structures exceed the required height.
F. Open space required pursuant to Table 19.70-1 shall be accessible to all residential units and shall be
suitable for active and passive recreational purposes, subject to the following:
1. The required open space area shall not include required yards, parking areas, required landscaped
areas, stormwater facilities, or required spacing between structures;
2. The amount of open space may be reduced by up to 25 percent where at least two of the following
amenities are provided:
a. Play or sports courts;
b. Playgrounds with equipment;
c. Trails or pedestrian walkways not required for access to residential units or parking areas;
d. Swimming pools;
e. Gazebos; or
f. Clubhouses;
3. The required open space shall not be reduced by more than 50 percent.
Ordinance 19-001 Page 4 of 5
G. Residential development in nonresidential zones shall comply with the density and dimensional
standards of the MFR zone in Table 19.70-1, except single-family development in the NC zone,which shall
comply with the density and dimensional standards of the adjacent single-family residential zone. Where
the NC. zone abuts multiple single-family residential zones, the zone with the higher density shall apply.
Where there are no single-family residential adjacencies to the NC zone, the density and dimensional
standards of the R-2 zone shall apply.
H. New development exceeding three stories in height shall be served by paved service lanes that are at
least 16 feet in width.
I. The following design standards apply to all outdoor lighting in residential zones:
1. All new development shall provide lighting within parking lots, along pedestrian walkways, and
accessible routes of travel.
2. Lighting fixtures shall be limited to heights of no more than 24 feet for parking lots and no more than
16 feet for pedestrian walkways.
3. All lighting shall be shielded from producing off-site glare, either through exterior shields or through
optical design inside the fixture, and shall not emit light above 90 degrees.
4. Street lighting installed by the City or other public utilities is exempt from SVMC 19.70.050(1).
J. Principal or accessory structures shall not be located within the clearview triangle pursuant to Chapter
22.70 SVMC.
Section 5. Other sections unchanged.All other provisions of Title 19 SVMC not specifically
referenced hereto shall remain in full force and effect.
Section 6. 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 7. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City as provided
by law.
PASSED by the City Council this 8th day of January, 2019.
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Christine Bainbridge, City Clerk
Appro ed(ATo Form:
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Offic f the C Attorney n
Dat f Publication: d/—,w- .ZO 4
Effective Date: o/ - g_3 ,76)/y1
Ordinance 19-001 Page 5 of 5