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Ordinance 19-008 denying code text amendment 2018-0005 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 19-008 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON DENYING THE PROPOSED PRIVATELY INITIATED CODE TEXT AMENDMENT CTA-2018-0005 RELATED TO DUPLEX, TOWNHOUSES, AND COTTAGE DEVELOPMENT REQUIREMENTS IN THE R-3 ZONE, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley (City) previously adopted Spokane Valley Municipal Code (SVMC) Title 19, 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 November 16, 2018 the privately initiated code text amendment was submitted to amend SVMC 19.40 and 19.60 related to duplex,townhouses, and cottage development regulations. WHEREAS, on December 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 January 10, 2019, the Planning Commission held a study session on proposed CTA-2018-0005; and WHEREAS, on January 4 and 11, 2019, notice of the Planning Commission public hearing was published in the Valley News Herald; and WHEREAS, on January 24, 2019, 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 February 28, 2019, the Planning Commission approved the findings and recommended that City Council deny the proposed amendments; and WHEREAS, on May 14, 2019, City Council reviewed the proposed amendments, Planning Commission findings, and Planning Commission recommendation; and WHEREAS, on May 28, 2019 City Council considered a first ordinance reading to deny the proposed amendment; and WHEREAS, the amendment set forth below is not consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, SVMC 19.40 and 19.60,as amended, does not bear 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: Ordinance 19-008 Page 1 of 3 Section 1. Purpose. The purpose of this Ordinance is to deny the request to amend chapters 19.40 and 19.60 SVMC, that would supplement the regulations applicable to duplexes and cottage development and prohibit townhomes in the R-3 zone. Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments and recommends denial of the amendments. The City Council has read and considered the Planning Commission's findings. The City Council hereby makes the following findings: 1. Compliance with SVMC 17.80.150(F)Approval Criteria a. Pursuant to SVMC 17.80.150(F)(l),the City may approve amendments if it finds that the proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan. Findings: The proposed text amendment is not consistent with the Comprehensive Plan, including, but not limited to the following specific provisions: Goal LU-G2: Provide for land uses that are essential to Spokane Valley residents, employees, and visitors. Policy LU-P14: Enable a variety of housing types Goal H-G1:Allow for a broad range of housing opportunities to meet the needs of the community. Goal H-G2: Enable the development of affordable housing for all income levels. Policy H-P2: Adopt development regulations that expand housing choices by allowing innovative housing types including tiny homes, accessory dwelling units, pre-fabricated homes, co-housing, cottage housing, and other housing types. Policy H-P3: Support the development of affordable housing units using available financial and regulatory tools. Policy H-P4: Enable the creation of housing for resident individuals and families needing assistance from social and human service providers. b. Pursuant to SVMC 17.80.150(F)(2),the City may approve amendments if it finds that the proposed amendment bears a substantial relation to public health, safety, welfare and protection of the environment. Findings: The proposed amendment does not bear a substantial relation to the public health, safety, welfare and protection of the environment. The Applicant did not identify specific basis as to how the proposed amendment bears a substantial relation to the public health, safety, welfare, and protection of the environment. The sole basis identified by the Applicant for the proposed amendment is to "mitigate excessive duplex/rental buildout detrimental to homeowners." The proposed amendments create regulations that are in conflict with numerous goals and policies of the Comprehensive Plan and would create barriers to providing alternative and affordable Ordinance 19-008 Page 2 of 3 housing options in the R-3 zone. Further,it creates unclear and difficult-to-implement regulations. 2. Conclusion: The proposed text amendment is not consistent with the approval criteria contained in the SVMC. Section 3. Amendment Denied. For the reasons set forth herein, CTA-2018-0005 is hereby denied. 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 S. 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 of Spokane valley as provided by law. Passed by the City Council this 28th day of May,2019. 1 ) I i ATTICS L.R. Hrgg� +a • • viii.---474\\4 if3....ei.441,,ia C istine Bainbridge, City Clerk Approved as • •rm: 4.10 V4/1 is the orney Date of Publication: 62 - 2 (>7d/, Effective Date: 4' /, - r t // Ordinance 19-008 Page 3 of 3