Ordinance 20-028 Moratorium re Planned Residential Development Permit ApplicationsCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 20-028
AN EMERGENCY ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE
COUNTY, WASHINGTON, ADOPTING AN IMMEDIATE MORATORIUM ON
SUBMISSION, ACCEPTANCE, PROCESSING, MODIFICATION, AND APPROVAL
OF PLANNED RESIDENTIAL DEVELOPMENT PERMIT APPLICATIONS,
ESTABLISHING A WORK PLAN, SETTING A PUBLIC HEARING, DECLARING AN
EMERGENCY NECESSITATING IMMEDIATE ADOPTION OF A MORATORIUM,
AND OTHER MATTERS RELATING THERETO.
WHEREAS, in 2016, the City of Spokane Valley ("City") adopted its 2016 Comprehensive Plan
Legislative Update ("Legislative Update") and implementing regulations. The City significantly increased
flexibility in development options within the City by allowing for more diverse permitted types of
development within each zoning district with fewer design and development restrictions while still
maintaining the same protections for existing neighborhoods and uses by incorporating transitional
standards and rezoning many areas of the City. The 2016 Comprehensive Plan includes specific goals and
policies to support such actions, including, but not limited to LU-G1 ("Maintain and enhance the character
and quality of life in Spokane Valley"), LU-P7 ("Protect residential neighborhoods from incompatible land
uses and adverse impacts associated with transportation corridors"), and LU-P 16 ("Maximize the density
of development along major transit corridors and near transit centers and commercial uses"); and
WHEREAS, as part of the 2020 Comprehensive Plan amendments, the City adopted policies H-P5
("Enable a variety of housing types at increased densities within '/2 mile of funded high performance transit
networks) and H-P6 ("Preserve and enhance the City's established single-family neighborhoods by
minimizing the impacts of more dense housing typologies such as duplexes and cottage development") to
further expand alternative housing types from established single-family neighborhoods to areas closer to
established services necessary to support those housing types; and
WHEREAS, to implement the 2020 Comprehensive Plan amendments, the City adopted a new
single-family zoning district identified as "R-4 Zoning" to allow for additional density, development
flexibility, and more alternative housing types, including duplexes, townhouses, and cottages, within such
zone, and amended the Zoning Map to provide for the locations for the new R-4 zone. The City amended
allowable uses within the existing "R-3" single-family zoning district to encourage further density growth
in the R-4 zone where transit and services are readily accessible; and
WHEREAS, the City has previously adopted its "Planned Residential Development" ("PRD")
regulations set forth in chapter 19.50 SVMC. Pursuant to SVMC 19.50.010, the PRD regulations were
intended to "[e]ncourage imaginative design and the creation of permanent open space by permitting greater
flexibility in zoning requirements than is generally permitted by other sections of the SVMC; [p]reserve or
create environmental amenities superior to those generally found in conventional developments; [c]reate or
preserve usable open space for the enjoyment of the residents; [p]reserve, to the greatest extent possible,
the natural characteristics of the land including, but not limited to, topography, natural vegetation,
waterways, and view; [e]ncourage development of a variety of housing types; and [p]rovide for maximum
efficiency in the layout of streets, utility networks, and other public improvements and infrastructure"; and
WHEREAS, the City has received and processed applications for PRDs for multi -family and other
incompatible uses within single-family zoning districts. The City has received citizen complaints that such
uses are inconsistent and incompatible with surrounding existing uses and are contrary to the intended
purpose of the 2016 Comprehensive Plan Legislative Update (including, but not limited to LU-G1, LU-P7,
LU-P16), 2020 Comprehensive Plan amendments (H-P5 and H-P6), and implementing development
regulations; and
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WHEREAS, the City Council has requested staff conduct a review of chapter 19.50 SVMC to
determine its value, applicability, and need for such provisions given the 2016 Comprehensive Plan
Legislative Update (including, but not limited to LU-G1, LU-P7, LU-P16), 2020 Comprehensive Plan
amendments (H-P5 and H-P6), implementing development regulations, and the residential uses allowed
pursuant to such Plan and regulations; and
WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City is
authorized to "make and enforce within its limits all such local police, sanitary and other regulations as are
not in conflict with general laws," which includes the adoption of regulations governing land uses within
the City; and
WHEREAS, RCW 35A.63.220 provides that "A legislative body that adopts a moratorium or
interim zoning ordinance without holding a public hearing on the proposed moratorium or interim zoning
ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at
least sixty days of its adoption, whether or not the legislative body received a recommendation on the matter
from the planning agency. If the legislative body does not adopt findings of fact justifying its action before
this hearing, then the legislative body shall do so immediately after this public hearing. A moratorium or
interim zoning ordinance adopted under this section may be effective for not longer than six months, but
may be effective for up to one year if a work plan is developed for related studies providing for such a
longer period. A moratorium of [or] interim zoning ordinance may be renewed for one or more six-month
periods if a subsequent public hearing is held and findings of fact are made prior to each renewal." RCW
36.70A.390 provides substantially similar language and authority for agencies planning under the GMA,
including the City, to adopt moratoria; and
WHEREAS, a moratorium enacted under RCW 35A.63.220 and/or RCW 36.70A.390 is a method
by which local governments may preserve the status quo so that new plans and regulations will not be
thwarted or rendered moot by intervening development; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a
moratorium, interim zoning map, interim zoning ordinance, or interim official control prior to holding a
public hearing, provided the City conducts a public hearing on the moratorium within 60 days of the date
of adoption of the moratorium; and
WHEREAS, pursuant to WAC 197-11-880, the adoption of this Ordinance is exempt from the
requirements of a threshold determination under the State Environmental Policy Act; and
WHEREAS, on November 17, 2020, the City Council requested that City staff review of chapter
19.50 SVMC to determine its ongoing applicability given the variety of development types and options
available as a result of the 2016 Comprehensive Plan Legislative Update, 2020 Comprehensive Plan
amendments, and implementing development regulations. City staff have begun review of chapter 19.50
SVMC; and
WHEREAS, the City is currently accepting and processing new PRD permit applications. Once a
PRD permit application is submitted, it may be vested to be reviewed and considered for approval under
the regulations in effect at the time the fully complete application was submitted. Thus, review and
processing of new PRD permit applications during the ongoing review of chapter 19.50 SVMC could result
in more inconsistent and incompatible development within single-family residential zones and would defeat
the intended purposes for reviewing the applicability of chapter 19.50 SVMC; and
WHEREAS, additional time is necessary to allow the City to continue the development and
completion of the review of chapter 19.50 SVMC; and
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WHEREAS, new proposals for PRDs that may be submitted pending the completion of the review
of chapter 19.50 SVMC pose an imminent threat to public health and safety because they can permanently
alter the built environment and create inconsistent and incompatible land uses within existing single-family
residential zones, thereby thwarting the intended residential planning set forth in the City's Comprehensive
Plan (including but not limited to LU-G 1, LU-P7, LU-P 16, H-P5 and H-P6) and implementing development
regulations; and
WHEREAS, a moratorium on the acceptance and processing of new PRD permit applications while
chapter 19.50 SVMC is being reviewed and revised will maintain the status quo by prohibiting new PRD
applications from being accepted, vested, and processed while such review is ongoing; and
WHEREAS, the City Council finds that the emergency immediate moratorium imposed and
established by this Ordinance is necessary for the immediate preservation of the public health, public safety,
public property and public peace.
NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows:
Section 1. Preliminary Findings. The City Council hereby adopts the above recitals as
findings of fact in support of this Ordinance.
Section 2. Moratorium Established.
A. The City Council hereby declares an emergency and imposes an immediate moratorium
upon the submission, acceptance, processing, modification or approval of any non-exempt permit
applications or licenses by or for planned residential developments under or pursuant to chapter 19.50
SVMC and as identified as a Type III "planned residential development permit" in Table 17.80-1. For
purposes of this moratorium, "non-exempt permit applications or licenses" shall mean (i) any planned
residential development application or license submitted after the effective date of this Ordinance, and (ii)
any planned residential permit application or license that was submitted but not determined fully complete
under SVMC 17.80.100 by City staff on or before the effective date of this Ordinance. This moratorium is
adopted pursuant to RCW 35A.63.220 and RCW 36.70A.390.
B. Except as otherwise provided herein, this moratorium shall not affect the acceptance,
processing, or approval of any exempt planned residential development permit applications or licenses
under or pursuant to chapter 19.50 SVMC and as identified as a Type III "planned residential development
permit" in Table 17.80-1. For purposes of this moratorium, "exempt permit applications or licenses" shall
mean any planned residential development application or license submitted and determined to be fully
complete under SVMC 17.80.100 by City staff on or before the effective date of this Ordinance and which
may be subject to vested rights as provided under Washington law.
C. This moratorium shall not affect any planned residential development permit or license
approved and issued for a planned residential development prior to the effective date of this Ordinance.
D. All non-exempt planned residential development permit applications or licenses shall be
rejected and returned to applicant pursuant to this moratorium. With regard to the City's acceptance of any
exempt planned residential development permit application or license, such acceptance shall only allow
processing to proceed, but shall not constitute an assurance that the application will be approved.
Section 3. Work Plan. The following work plan is adopted to address the issues involving
the City's consideration and regulation of planned residential developments and chapter 19.50 SVMC:
A. The City of Spokane Valley Planning Commission ("Planning Commission") is hereby
authorized and directed to hold public hearings and public meetings to fully receive and consider
Ordinance 20-028 Page 3 of 5
statements, testimony, positions, and other documentation or evidence related to the public health, safety,
and welfare aspects of planned residential developments and the applicability of chapter 19.50 SVMC under
the Comprehensive Plan. Specifically, the Planning Commission shall consider the applicability of chapter
19.50 SVMC under the City's Comprehensive Plan and implementing regulations and shall develop
proposals for planned residential developments and modifications or repeal of chapter 19.50 SVMC and
other applicable regulations to be forwarded and recommended to the City Council for its consideration.
B. Upon receipt of a recommendation from Planning Commission, City Council shall consider
the Planning Commission recommendation and adopt such modifications or repeal of chapter 19.50 SVMC
and other applicable regulations for planned residential developments as it determines to be necessary for
the public health, safety, and welfare and considering the applicability of chapter 19.50 SVMC under the
Comprehensive Plan.
Section 4. Public Hearing. Pursuant to RCW 35A.63.220 and 36.70A.390, the City Council
shall conduct a public hearing on this moratorium on January 5, 2021 at 6:00 p.m., or as soon thereafter as
the matter may be heard, to hear and consider the comments and testimony of those wishing to speak at
such public hearing regarding the moratorium set forth in this Ordinance. The hearing will take place at
the City of Spokane Valley City Hall in City Council Chambers, if allowed by law, or if in -person meetings
are still prohibited due to the ongoing COVID-19 pandemic, via ZOOM meeting, and will be hosted by the
City of Spokane Valley, 10210 East Sprague, Spokane Valley, 99206. Immediately after conducting the
public hearing, the City Council shall adopt findings of fact on the subject to this moratorium and either
justify its continued imposition, cancel the moratorium, or modify the moratorium as determined necessary.
Section 5. Duration. The moratorium set forth in this Ordinance shall be in effect as of the
date of this Ordinance and shall continue in effect for a period of 365 days from the date of this Ordinance,
unless repealed, extended, or modified by the City Council after subsequent public hearing(s) and entry of
appropriate findings of fact, pursuant to RCW 35A.63.220 and RCW 36.70A.390.
Section 6. Ratification. Any act consistent with the authority set forth herein and prior to the
effective date of this Ordinance is hereby ratified and affirmed.
Section 7. 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 8. Declaration of Emergency; Effective Date. The City Council hereby declares this
Ordinance is designated as a public emergency necessary for the protection of public health, safety, and
welfare to prohibit development that may be incompatible and inconsistent with established single-family
residential neighborhoods in a manner that thwarts the intended purpose to review chapter 19.50 SVMC
and the modifications or repeal of chapter 19.50 SVMC that may eventually be adopted by the City Council.
This moratorium must be imposed as an emergency measure to protect the public health, safety, and
welfare, and to prevent the submission of a flood of applications to the City in an attempt to vest
development rights for an indefinite period of time while review of chapter 19.50 SVMC occurs. This
Ordinance does not affect existing vested rights, nor will it prohibit development within the City since all
other allowable uses in residential zones are not affected by this moratorium. Based on the reasons and
declaration of emergency stated herein, this Ordinance shall take effect immediately upon adoption by the
City Council.
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Passed by the City Council this 24th day of November, 2020.
U./
ATTEST:
bulA4A-'
City Clerk, Christine Bainbridge
Approved Form:
Offi of City Attorney
Ben Wick, Mayor
Date of Publication: I
Effective Date: November 24, 2020
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