Ordinance 21-001 Adopting Findings of Fact for PRD MoratoriumCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 21-001
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING FINDINGS OF FACT SUPPORTING THE ADOPTION
OF ORDINANCE NO. 20-028 AND THE ESTABLISHMENT OF A MORATORIUM ON
THE SUBMISSION, ACCEPTANCE, PROCESSING, MODIFICATION, AND
APPROVAL OF PLANNED RESIDENTIAL DEVELOPMENT PERMIT
APPLICATIONS, AND OTHER MATTERS RELATING THERETO.
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 RCW 35A.63.220 and RCW 36.70A.390, on November 24, 2020, the City
adopted Ordinance No. 20-028 establishing a moratorium upon the submission, acceptance, processing,
modification or approval of any non-exempt planned residential development permit application; and
WHEREAS, pursuant to RCW 35A.63.220, RCW 36.70A.390, and Ordinance No. 20-028, on
January 5, 2021, the City Council conducted a public hearing on the adoption of Ordinance No. 20-028 and
the establishment of a moratorium on planned residential development permit applications; and
WHEREAS, written public testimony was received from interested parties and City Council heard
testimony from interested parties during the public hearing; and
WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390, the City Council is required to
adopt findings of fact after conducting the public hearing.
NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows:
Ordinance 21-001, PRD Moratorium Findings Page 1 of 5
Section 1. Findings of Fact. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, on January
5, 2021, the City Council conducted a public hearing on Ordinance No. 20-028 and the establishment of a
moratorium on non-exempt planned residential development applications. The City Council hereby adopts
the following as findings of fact in support of Ordinance No. 20-028 and the establishment of a moratorium
on non-exempt planned residential development applications as set forth in Ordinance No. 20-028:
1. 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 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").
2. 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.
3. 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 more readily accessible.
4. 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."
5. 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.
6. Pursuant to Article 11, Section 11 of the Washington Constitution, the City of Spokane Valley
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.
Ordinance 21-001, PRD Moratorium Findings Page 2 of 5
7. 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-GI, 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.
8. On November 17, 2020, the City Council requested that City staff review 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 on
December 10, 2020, Planning Commission conducted a study session on PRD regulations.
9. As of November 24, 2020, the City had accepted and processed 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.
10. Additional time is necessary to allow the City to continue the development and completion of
the review of chapter 19.50 SVMC.
11. A moratorium provides the City with additional time to review and amend its public health,
safety, and welfare requirements and zoning and land use regulations related to planned residential
development applications while preserving the status quo during that review.
12. RCW 36.70A.390 provides that "A county or city governing body that adopts a moratorium,
interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing
on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control,
shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or
interim official control within at least sixty days of its adoption, whether or not the governing body received
a recommendation on the matter from the planning commission or department. If the governing body does
not adopt findings of fact justifying its action before this hearing, then the governing body shall do so
immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or
interim official control 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 such a longer period.
A moratorium, interim zoning map, interim zoning ordinance or interim official control 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."
13. 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 rendered moot
by intervening development.
14. 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 a public hearing is held within 60 days of the adoption of the moratorium.
15. 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
Ordinance 21-001, PRD Moratorium Findings Page 3 of 5
Plan (including but not limited to LU-G 1, LU-P7, LU-P 16, H-P5 and H-P6) and implementing development
regulations.
16. 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.
17. Pursuant to Ordinance No. 20-028, City Council adopted a work plan to address the issues
involving the City's regulation of planned residential development permit applications.
18. Pursuant to WAC 197-1 1-880 and WAC 197-11-800, the adoption of Ordinance No. 20-028
and establishment of the moratorium is exempt from the requirements of a threshold determination under
the State Environmental Policy Act.
19. Notice for a public hearing on Ordinance No. 20-028 and the establishment of a moratorium
on non-exempt planned residential permit applications was published in the Spokane Valley News Herald
on December 18, 2020, December 25, 2020, and January 1, 2021. Notice for the public hearing was
published on the City's website. Notice of the public hearing was provided as required by law.
20. On January 5, 2021, City Council conducted a public hearing on the adoption of Ordinance
20-028 and the establishment of a moratorium on non-exempt planned residential development permit
applications.
21. The City Council received written testimony from six interested parties (five in support and
one opposed) and one interested party spoke at the public hearing. The City Council has given due
consideration to all public testimony received.
22. The adoption of Ordinance No. 20-028 and the establishment of a moratorium on planned
residential development permit applications is consistent with the goals and policies of the City's
Comprehensive Plan.
23. The City Council finds that the emergency immediate moratorium imposed and established by
Ordinance No. 20-028 is appropriate and necessary for the immediate preservation of the public health,
public safety, public property and public peace.
24. Since Ordinance No. 20-028 adopted a work plan, establishing the moratorium for 365 days,
unless repealed, extended, or modified by City Council, it is appropriate pursuant to RCW 35A.63.220 and
RCW 36.70A.390.
Section 2. Duration. The moratorium set forth in Ordinance No. 20-028 shall be and remain
in effect as of the effective date of Ordinance No. 20-028 and shall continue in effect for a period of 365
days from the effective date (11:59 p.m. November 23, 2021), 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 3. 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 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.
Ordinance 21-001, PRD Moratorium Findings Page 4 of 5
Section 5. k[kx1ivc Dub. This Ordinance mhoU he in full fbrcc and effect five days uSmr
J)Ublicatlon of this Ordinance 01- SLIMmary thereof in the official newspaper of the City of Spokane Valley
was provided bylaw.
City Clerk, Christine Bainbridge
Approved untoFonn:
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Office of
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Ben Wick, Mayor
/ Date n[PuNicu ion: /~Mi'(Vl�/
Effective Date: �Vn
Ordinance 2|-00iPRDMo�t01-omFindings Rage 5 of'5