Ordinance 21-019 Removing Planned Residential Development references CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO, 21-019
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON DELETING CHAPTER 19.50 PLANNED RESIDENTIAL
DEVELOPMENTS OF THE SPOKANE VALLEY MUNICIPAL CODE, AMENDING
SECTIONS OF TITLE 17,TITLE 18,TITLE 19 AND APPENDIX A OF THE SPOKANE
VALLEY MUNICIPAL CODE TO STRIKE PLANNED RESIDENTIAL
DEVELOPMENT REFERENCES, AND TERMINATING THE MORATORIUM ON
THE SUBMISSION, ACCEPTANCE, PROCESSING, MODIFICATION, AND
APPROVAL OF PLANNED RESIDENTIAL DEVELOPMENTS, AND OTHER
MATTERS RELATING THERETO.
WHEREAS,the City of Spokane Valley(City)previously adopted Title 19 of the Spokane Valley
Municipal Code(SVMC)relating to zoning and land use regulations,and has made subsequent amendments
from time-to-time as appropriate; and
WHEREAS, such regulations are authorized pursuant to chapter 36.70A RCW; and
WHEREAS,on November 24,2020,City Council passed Ordinance No.20-028,which established
a moratorium on the submission, acceptance, processing, modification, or approval of applications for
planned residential developments (PRDs). Ordinance No. 20-028 also established a work plan for the
Planning Commission (Commission) and City Council to consider the public health, safety, and welfare
aspects of planned residential developments and the applicability of chapter 19.50 SVMC under the
Comprehensive Plan, and to take such actions as determined necessary; and
WHEREAS, City staff have proposed an amendment to delete Chapter 19.50 SVMC and amend
SVMC 19.40.100(A), 19.70.020, 17.80.030(A), 17.80.170(C), 18.20.030 and Appendix A of the SVMC to
delete PRD references; and
WHEREAS,on September 3 and 10,2021,notice of the Commission public hearing was published
in the Valley News Herald; and
WHEREAS, on September 9, 2021, the Commission conducted a study session; and
WHEREAS, pursuant to RCW 36.70A.106, the Washington State Department of Commerce was
notified on September 13, 2021, thereby providing a notice of intent to adopt amendments to Spokane
Valley development regulations; and
WHEREAS, on September 23, 2021, the Commission held a public hearing, received evidence,
information, public testimony, and a staff report with a recommendation, followed by deliberations; and
WHEREAS, on October 14, 2021, the Commission approved the findings and recommended that
City Council adopt the amendments as proposed by staff; and
WHEREAS, on October 26, 2021, City Council reviewed the proposed amendments and
Commission Findings and Recommendations; and
WHEREAS, on November 9,2021, City Council considered a first ordinance reading to adopt the
proposed amendments; and
Ordinance 21-019—PRD Amendment Page 1 of 12
WHEREAS,the amendments set forth below are consistent with the goals and policies of the City's
Comprehensive Plan; and
WHEREAS, chapters 17.80, 18.20, 19.40. 19.50, 19.70 SVMC and Appendix A of the SVMC as
amended, bear a substantial relation to the public health,safety,welfare and protection of the environment;
and
WHEREAS,the moratorium established pursuant to Ordinance No. 20-028 is no longer necessary
upon adoption of the amendments set forth in this Ordinance.
NOW, THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to delete PRDs as a development option
under the SVMC by deleting chapter 19.50 SVMC and the Planned Residential Development regulations,
as well as all references to PRDs within the SVMC.
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 approval of the amendments. The City Council has read and considered the
Planning Commission's findings. The 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-GI: Maintain and enhance character and quality of life in Spokane Valley.
Policy LU-P5: Ensure compatibility between adjacent residential and commercial or
industrial uses.
Policy LU-P7: Protect residential neighborhoods from incompatible land uses and
adverse impacts associated with transportation corridors.
Policy 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.
C. Conclusions
1. The proposed amendments bear a substantial relation to public health, safety,
welfare and protection of the environment. Allowing incompatible housing types
to locate in residential zones where the use would not otherwise be allowed has an
adverse impact on the adjacent properties and is out of character with the scale,
form and function of low density residential neighborhoods; eliminating the PRD
regulations as they allow incompatible uses in residential zones is consistent with
the Comprehensive Plan and protects the interests of surrounding properties; the
proposed amendment recognizes that the SVMC provides for alternative housing
options necessary to meet the wide spread housing needs of the community in a
manner consistent with the character and intent of the implementing zoning
district.
Ordinance 21-019—PRD Amendment Page 2 of 12
2. The proposed City-initiated Code text amendments are consistent with the City's
adopted Comprehensive PIan and the approval criteria pursuant to SVMC
17.80.150(F).
Section 3. Amendment. Chapter 19.50 SVMC is hereby deleted in its entirety as follows:
Chapter 19.50
Sections:
19.50.010 Purpose.
19,50.020 Where permitted.
19.50.030 Permitted uses.
19.50.040 Relationship to other SVMC provisions.
19.50.050 Development standards.
19.50.060 Open space standards.
19.50.070 Administration.
19.50.080 Homeowners' orprop •Dj^ ciatio„ r red
It is the purpose of Chapter 19.50 SVMC to:
b ;
;
C. Create or preserve-usable open-.,pace for the enjoyment of-the-residents;
topegraphatural vegetation,waterways, and views;
L' Enco, devele_ment of a iety efhousing type&; and
F. Provide for maximum efficiency in the layout of streets,utility networks, and other public improvements and
infrastructure. (Ord. 16 018 §6(Att. B),2016).
19.50.020 Where-perm' :
Planned residential developments(PRDs)apermitted in all residential zoning districts in the City. (Ord. 16 018 §
6(Att.13),2016).
19.50.030 Permitted uses.
The following uses are permitted irk;provided,that they meet the standards and criteria established in Chapter
19.50 SVMC:
h Th .z , fitted atte of,-ght in_the un derl. ..d.st,-ct•
C.As a secondary use, uses permitted ingin ighborhood Commercial zoning district may be permitted in a PRD
of 10 acres or larger. (Ord. 16 018 § 6 (Att. B),2016).
19.50.040 Re1ati shi -to other SVnar oyision
b b e
19.50.050.
Ordinance 21-019—PRD Amendment Page 3 of 12
B. SVMC Title 20, Subdivision eg&e ` n PRD, I .,ll b t the cir;c de �rnents of
SVMC Title 20 except that when any parcel of land in a PRD is intended for individual owne" hip, sal or public
dedication,the subdivision and procedural requirements of SVMC Title 20 and applicable state laws pertaining to
aubdiviaion, eeweytlncc
C. Chapter 17 g0 SVMC,_Pa it o cessing Puce. n PRD is..Type 11r re.....*type and shall require a public
. .p _ examiner consistent with the provisions ofChapter 1-7.80 SVMC (Ord 16 018 § 6
B),2016).
49.50.050 Do elop ..t tantll:rds.
ccount the relationship of the
adjacent-prop 'ties and, conversely,to minimize adverse impact of adjacent land use and development
characteristics on the PRD.
B, Site--. ercirbc—rr� nim m ..The minimum site lcrll-be f�ac-res.
of apply in a PRD.
•
by the underlying zone,rounded to the nearest whole number.
ed the percentage permitted by the underlying zone.
Landscaping Required n ll c mmon_op n space shall be landscaped in accordance with the landscaping plan
submitted by the applicant and approved by the hearing examiner.Natural landscape features which are to be
preserved,such as existing trees,drainage ways, rock outcrops,etc.,may be accepted as part of the landscaping
Sark
G. Setback and Side Yard Requirements.
da el. t„1, cl enabl„be o cted o c1.p ,+ie „the sti.g ni z.; ,g.
2. Setbacks or Side Yards Between Buildings. The standard setbacks and yard requirements between buildings
may-be-waived-in-a-Pitings-mrpf have all-
5 , y
Standards.
I. Secondary Use Limitations.
-l:-Commercial uses shall comply with Chapter 19.130 SVMC, Site Plan Review. Site plans-shall--be--included in
the application for the PRD;
•',`'�,, b'
-nta b ,
* for the construction of commercial uses,except this shall not prohibit a sales office. (Ord. 16
�tildtl-tb-p P
018 § 6(Att. B),2016).
19.50:060 Op
Each PRD shall dedicate at least 30 percent of the gro-s land area for common open space for the use of its
.1 t f` shal l_meet the f ll rite
A. Lo
units in the PRD. Where p- ,
Ordinance 21-019—PRD Amendment Page 4 of 12
park and recreational areas in adjacent developments;schools, or City parks;provided,that such dedication would
nc ease 4 e ove all benefit to the residents of the PRD and conform to other criteria in SVMC 19.50.0407
of final PRO approval. Private o ,
area;however, access may not be blocked by major obstacles such as arterial,collector streets, or significant natural
, , b
access from street frontages.
C. Types of Open Space.
,
using existing vegetation,or an aesthetic amenity such as boulevard trees, active recreational activities,or for
protecting critical areas.
2. Except as provided in SVMC 19.50.060(C)('l),a minimum of 30 percent of the required common open space
area shall b , ,
of the active recreation area shall provide a diy, obstacle free space in a configuration which is suitable for
active recreation.
3.The percentage of active recreational maybe increased to as high as 50 percent if it is determined that
anti Rrted retreat oo al-needs requ i r larger t ercent:ge. In increasing this percentage,the following standard
shall be used: the ratio of one acre to 125 residential units.
a. Inclusion of buffers or critical areas better meet the open space needs of the residents of the PRD; or
b. A higher percentage would lead to the detrimental grading or other disturbance of the natural :cuing
D. Open space area shall not include:
;d,.al to nt
Public rights of way privat^streets,residential driveways,parking areas, loading or storage areas, or
setback areas;
3. Floodplain (100 year)-,flood prone areas, drainage easements,natural drainage areas, or creeks.
E. Implementation The sha"-tee dedicated in eentn n to the v pr.jp
- The G ty may ehoo.,e to accept dedication,maintenance, and operation-responsibilities when the common
a. is u-reater than 10 acres;
b. Is adjacent to an established or future City park o3-school grounds;
c. Is an access to a body of water greater than three acres in size; or
d. Is a critical area.
2. The dedication shall be identified on the PRD plan.
PRD:
Ordinance 21-019—PRO Amendment Page 5 of I2
2. Rough grading an
G. Equivalent Facilities. When proposed open space areas do--not m-et t e e it-e-ia fo- dedication i, Chapter'9-50
SVMC,such la ,
b
n the following guidelines:
-1.The-proposed land and improvements shall create recreational opportunities generally equivalent to or
r .tl tl I d ed f th ^:dent^ .it i, the PRD;n,7
�. ..,. .,.�.,.tea........ ........ ..... ,
allowed by the City.
b
efit-epiai
b
an aesthetic amenity;
2 Th side slope oftl,e storrawater f cility shell note eed 3:1 . .,less slope. ., :^ti„g natural and
vogetatedi
, ese
,
�1. The stormwater facilities shall be landscaped in a manner which is both aesthetic and able to withstand the
inundation expected;
during dry weather;and
association shall be responsible for maintenance of the ater fac ' t es
I.Rights and Duties.The owners of open space shall have the following rights on the common open area, subject to
restrictive covenants or other restrictions:
a ,
(accessory to pienie--tables-}f0E-the-exe-losive.--use_ef-regiien4&43.f_the_p_RD.4.144.he.if_guestsi
2.The right to locate pedestrian, bicycle, i and br��d-le pat?;
.b b
to life oi'limb;
�1.The right to regulate access to the maintain it. (Ord. 17 007 § 3,2017;Ord.
16 018 §6(Att. 13),/016).
39:59.070 hdmi istration
ent of property under the provisions of Chapter
meets the requirements of the final plan=and program elements of� he-PR D. y
13. Minor and Major Adjustments,
1. Minor adjustments ., y-be., de a,v approved by the city manager or desi_ ee when a building permit is
b
b b
the devel ,
percent from the original.
Ordinance 21-019--PRD Amendment Page 6 of 12
2-Major adjustments are those which, in the opinion of the-eityAnanager or designee,substantially change the
bask design,density, open space or oth g
er-designee,a cl ut
prior review and approval by the hearing examiner of such adjustment.
C. Parties Bound. i ,
heirs,or assigns,who own, have,or will have by virtue of purchaseinheritaneeTOEassignment, any interest in the
real property within the proposed PRD, shall be bound by the conditions-attending the approval of the development
and the provisions of Chapter 19.50 SVMC. (Ord. 17 004 §3,2017; Ord. 16 018 § 6(Att. B),2016).
' ciation require
In a PRD,a property owners' or homeowners' a"sociation shall be established for the purpose of ownership,
maintenance,,nd man;gement of open spaces,common areas, and private streets as required by the provisions of
the SVMC. (Ord. 16 018§ 6(Att. B),2016).
Section 4. Amendment. SVMC19.40.100 is hereby amended as follows:
19.40.100 Development standards—Townhouses.
A.In zero lot line developments approved as part of a planned residential development,zero setbacks along one side
are allowed,provided a two-foot maintenance easement is recorded as part of the subdivision plan.
B.Townhouses located on individual lots shall meet minimum rear, front, and side yard requirements(where
applicable),minimum area requirements,maximum lot coverage, and building height requirements shown in Table
19.70-1.Townhouses are subject to the following requirements:
1.No more than six dwelling units shall be attached in one continuous row or group;
2.Townhouse unit shall not be constructed above another townhouse unit;
3. There shall be a side yard on each side of a contiguous row or group of dwellings of not less than six feet;
4.Townhouses included in a condominium development may limit the lot to the building footprint;provided,that
the yard area shared in common with all units is equivalent in area to the yard required by the underlying zone. (Ord.
16-018 §6 (Aft.B),2016).
Section 5. 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 alternative
residential development are set forth in Chapter 19.40 SVMC,Alternative Residential Development
Options,
Planned Residential Developments.
Table 19.70-1—Residential Standards
R-1 R-2 R-3 R-4 MFR(t)
Front and Flanking Street 3 5' 15' 15' 15' 15'
Yard Setback
Minimum Garage Setback(2) 35' 20' 20' 20' 20'
Rear Yard Setback 20' 20' 10' 10' 10'
Side Yard Setback 5' 5' 5' 5' 5'
Ordinance 21-019—PRD Amendment Page 7 of 12
Table 19.70-1—Residential Standards
R-1 R-2 R-3 R 4 MFR(t)
Open Space N/A N/A N/A N/A 10% gross
areal3)
Lot Size 40,000 sq. 10,000 sq. 5,000 sq. 4,300 sq. NlAO)
ft. ft. ft.(6) ft.
Lot Coverage 30.0% 50.0% 50.0% 60.0% 60.0%
Maximum Density 1 du/ac 4 du/ac 8 du/ac 10 du/ac 22 du/ac
Building Height(5) 35' 35' 35' 35' 50'
(1) Where MFR abuts R-1,R-2, R-3, or R-4 zones, development shall comply with the provisions
of Chapter 19.75 SVMC,Transitional Regulations.
(2) Attached garages,where the garage door does not face the street, may have the same setback as
the primary structure.
(3) Open space requirement does not apply to single-family development in the MFR zone.
(4) Single-family residential development in the MFR zone shall have a minimum lot size of 2,000
square feet per dwelling unit. Only one single-family dwelling shall be allowed per lot.
{5} The vertical distance from the average finished grade to the average height of the highest roof
surface.
(6) Duplex development in the R-3 zone shall have a minimum lot size of 14,500 square feet.
Section 6. Amendment. SVMC 17.80.030 is hereby amended as follows:
17.80.030 Assignment of development application classification.
A. Assignment by Table.Land use and development applications shall be classified pursuant to Table 17.80-1
below:
Table 17.80-1 --Permit Type and Land Use Application
SVMC Cross-
Type Land Use and Development Application Reference
Accessory dwelling units 19.40
Administrative determinations by city manager or designee or building official Multiple
Administrative exception 19.140
Administrative interpretation 17.50.010
Boundary line adjustments and eliminations 20.80
Type 1
Building permits not subject to SEPA 21.20.040
Floodplain development 21.30
Grading permits 24.50
Home business permit 19.65.180
Shoreline letter of exemption 21.50
Ordinance 21-019—PRD Amendment Page 8 of 12
Table 17.80-1 —Permit Type and Land Use Application
ISVMC Cross-
Type Land Use and Development Application Reference
Record of survey to establish lots within a binding site plan 20.60.030
Right-of-way permits 22.130.100
Site plan review 19.130
Small cell permit 22.12I;22.122
Temporary use permit 19.160
Time extensions for preliminary subdivision,short subdivision,or binding site plan 20.30.060
Alterations—preliminary and final short subdivisions and preliminary and final binding 20.60
site plans(where there is no alteration of a public dedication)
Binding site plan—preliminary and final 20.50
Minor alterations—preliminary subdivisions 20.50
SEPA threshold determination 21.20.060
Shoreline conditional use permit 21.50
Type II
Shoreline nonconforming use or structure review 21.50
Shoreline substantial development permit 21.50
Shoreline variance 21.50
Short subdivision—preliminary and final 20.30,20.40
Vacation—short subdivisions and binding site plans where there is no vacation of an 20.70
area designated or dedicated for public use
Wireless communication facilities 22.120
Alterations—final subdivisions (where a public hearing is requested) 20.50
Alterations—preliminary and final short subdivisions and preliminary and final binding 20.60
site plans(where there is alteration of a public dedication)
Conditional use permits 19.150
Planned residential developments -1-9-.-58
Type Subdivisions—preliminary 20.30
Ill
Substantial alterations—preliminary subdivisions 20.50
Vacation—subdivision;short subdivisions and binding site plans where there is vacation 20.70
of an area designated or dedicated for public use
Variance 19.170
Zoning map amendments(site-specific rezones) 19.30.030
Annual Comprehensive Plan amendments(text and/or map) 17.80.140
ITVype Area-wide zoning map amendments 17.80.140
Development Code text amendments 17.80.150
Section 7. Amendment. SVMC 17.80.170 is hereby amended as follows:
17.80.170 Vesting of applications.
Ordinance 21-019—PRD Amendment Page 9 of 12
A.Purpose.The purpose of SVMC 17.80.170 is to implement local vesting regulations that are best suited to the
needs of the City and consistent with state law.
B.Vested Rights. Except for rezones, an application for a land use or development application type set forth in
Table 17.80-1 shall be considered under the development regulations in effect on the date a fully complete
application is filed,pursuant to SVMC 17.80.100.
C. Vested Rights for Subsequent Building Permits or Land Disturbing Activity Permits. Building permit or land
disturbing activity permit applications that are filed subsequent to and related to a prior development permit or
application of the types listed in SVMC 17.80.I70(C)(1)through(14)shall be considered under the development
regulations in effect at the time a complete application listed in SVMC 17.80.170(C)(1)through(14)is filed
pursuant to SVMC 17.80.100.
1.Accessory dwelling unit;
2.Boundary line adjustment or elimination;
3.Floodplain development;
4. Site plan;
5.Binding site plan;
6. Shoreline substantial development permit;
7. Shoreline conditional use permit;
8. Shoreline nonconforming use or structure review;
9. Shoreline variance;
10. Shoreline letter of exemption;
11. Short subdivision;
12. Conditional use permit;and
13. Planned residential development; and
143. Subdivision.
However, an applicant filing a complete application for any subsequent building permit or land-disturbing activity
permit application shall only have such rights as described herein if it is submitted prior to the expiration date of the
permit(s) or approval(s)applied for in the application types listed in SVMC 17.80.170(C)(1)through(14).
D.Development Regulations.For the purpose of SVMC 17.80.170,"development regulation"means those
provisions of SVMC Titles 17 through 24 that exercise a restraining or directing influence over land,including
provisions that control or affect the type,degree,or physical attributes of land development or use. For purposes of
SVMC 17.80.170,"development regulation"does not include fees or procedural regulations.
E.Applicability of Current Building Code.A complete building permit application shall always be subject to that
version of SVMC Title 24 in effect at the time the building permit application is submitted.
F. Rezones Not Acquiring Vested Rights.Notwithstanding any other provision in SVMC 17.80.170,any application
dependent on approval of a rezone application shall not acquire vested rights to any particular development
regulations until the underlying rezone is approved.At that time,the application dependent on approval of a rezone
shall be considered under the development regulations in effect at the time the underlying rezone is approved.
G. Waiver of Vested Rights. At any time during the processing of an application,an applicant may voluntarily opt to
have all applications for a project be governed by development regulations in effect on a date later than the date
provided pursuant to SVMC 17.80.170(B)through(F).The applicant may exercise that option by delivering a
written and signed waiver to the department stating that the property owner agrees:
1.To waive all rights provided pursuant to SVMC 17.80.170(B)through(F)and any related vested rights
claim they may have with the application;
2. To have all applications for the project be governed by all development regulations in effect on the date of
delivery of the waiver,subject to the limitations set forth in SVMC 17.80.170(B)through(F);
Ordinance 21-019—PRD Amendment Page I0 of 12
3.That any change or modification to the project required or desired pursuant to new development
regulations may result in a new determination of whether the application is still fully complete based upon the
changes. In the event the application or project is changed such that it is no longer fully complete,the
applicant shall provide such information as is required to render the modified application fully complete and
the applicant shall agree to reset the time period for permit review and processing to the date the modified
application is determined to be fully complete;and
4.That any change or modification to the project may require additional review and processing,revised
public notice,and additional public hearings as required pursuant to Chapter 17.80 SVMC.
In the event an applicant delivers a written and signed waiver meeting the requirements of SVMC 17.80.170(G)(1)
through(4),the application shall be considered under the development regulations in effect on the date of delivery
of the waiver or, if necessary,the new date a modified application is determined fully complete, and any other
subsequent building permit or land disturbing activity permit applications subject to SVMC 17.80.170(C)shall be
considered under the development regulations in effect on the date of delivery of the waiver, or if necessary,the new
date a modified application is determined fully complete. (Ord. 16-018 §6(Att.B),2016).
Section 8. Amendment. SVMC 18.20,030 is hereby amended as follows:
18.20.030 Powers and duties.
A. The hearing examiner shall be under the administrative supervision of the city manager.
B. The hearing examiner shall have the following powers and duties:
1.Annually provide a written report to the city manager or designee and city council that states the number
and type of hearings conducted and decisions issued during the past year,the outcome of such decisions,
recommendations for improving the hearing examiner system,and pertinent observations and
recommendations regarding land use policies and development regulations.
2.Upon request, meet with the city manager or designee or city council to discuss the written report.
3. Receive and examine available information,make site visits,take official notice of matters,conduct public
hearings,prepare a record thereof, and enter findings,decisions or recommendations.
4.As a part of the conduct of public hearings,the hearing examiner shall have the authority to:
a. Conduct pre-hearing conferences;
b. Require the submittal of information;
c. Schedule and continue hearings;
d. Rule on all evidentiary and procedural matters,including motions and objections appropriate to the
proceedings;
e.Receive evidence and cause preparation of the record;
f. Regulate the course of hearings and the conduct of the parties and their agents;
g. Maintain order during the hearing process;
h. Render decisions and issue written findings and conclusions;
i. Include in a decision the conditions of approval necessary to ensure that the application complies with
the applicable criteria for its approval;and
j.Revoke any approval for failure to comply with the conditions imposed by the hearing examiner
where specifically authorized by the UDC or state law.
5.The hearing examiner shall hear the following matters:
a. Variances;
b. Conditional use permits;
c. Special use permits;
d. Shoreline letter of exemption appeals;
e. Preliminary plats;
Ordinance 21-0 1 9—PRD Amendment Page 11 of 12
f.Appeals from any administrative decision of the department of community development or the
building official in the administration or enforcement of the Spokane Valley Uniform Development
Code or other land use code or regulation;
g. Appeals on State Environmental Policy Act(SEPA)determinations;
h. Site-specific zone changes of property, including any environmental determination(under SEPA);
and
ij.Any other applications or appeals that the city council may refer by motion or ordinance,specifically
declaring that the decision of the hearing examiner can be appealed to the city council.
6.All hearings before the hearing examiner shall be scheduled and conducted in the manner set forth in
Appendix B.
7.Appeals of any decision of the hearing examiner shall be as is set forth in Chapter 17.90 SVMC,
Section 9. Amendment. Appendix A SVMC is hereby amended as follows:
ent Hof
Chapter 19.50 SVMC characterized by flexibility in the regulations of a residential zoning distriet:
Project permit: Any land use or environmental permit or license required for development or construction
including,but not limited to,building permits,short plats,subdivisions,binding site plans,pkanned-unit
developments, conditional uses,variances,shoreline permits, site plan review,permits, or approvals required by
Chapter 21.40 SVMC, Critical Areas,site-specific zone reclassifications,manufactured home parks,and change of
condition request.
Section 10. Other sections unchanged. All other provisions of Title 17,Title 18,Title 19 and
Appendix A of the SVMC not specifically referenced hereto shall remain unchanged and in full force and
effect.
Section 11. Moratorium terminated.The moratorium on the submission, acceptance,
processing, modification, or approval of any applications for PRDs established pursuant to Ordinance No.
20.028 is hereby terminated. The City Council hereby finds that the work plan set forth in Ordinance No.
20-028 is hereby completed by the adoption of this Ordinance and the amendments set forth herein.
Section 12. 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 13. 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 91h day of NovembdLJJ
021.
AT T:
, : Ben Wick,Mayor
Christine Bainbridge, City Cler
Ap raved to Form: /1 -7.9 _,70�7/
Date of Publication:
Effective Date: /)—Z 'P 102/
Office o t e City Attorney
Ordinance 21-019—PRD Amendment Page 12 of 12