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
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C istine Bainbridge, City Clerk
Approved as • •rm:
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Date of Publication: 62 - 2 (>7d/,
Effective Date: 4' /, - r t //
Ordinance 19-008 Page 3 of 3