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2023-06-22 - Agenda PacketS okane jValley Notice and Agenda For Special Meeting Spokane Valley Planning Commission Thursday, June 22, 2023 at 6:00 p.m. Remotely via ZOOM meeting and In Person at: CenterPlace Regional Event Center in Room 212, 2426 N Discovery Place NOTICE IS HEREBY GIVEN that a special Spokane Valley Planning Commission meeting will be held June 22, 2023, beginning at 6:00 p.m. The meeting will be held in Room 212 at CenterPlace Regional Event Center, 2426 N Discovery Place, Spokane Valley, Washington. The purpose of the meeting is to consider the items listed below on the Agenda. NOTE: Members of the public may attend Spokane Valley Planning Commission meetings in -person at CenterPlace at the address provided above, or via Zoom at the link below. Members of the public will be allowed to comment in -person or via Zoom as described below: Public comments will only be accented for those items noted on the agenda as "Public comment' or "public hearine." If making a comment via Zoom, comments must be received by 4:00 pm, the day of the meeting Please email planninizaspokanevallev.org or call the Planning Commission Secretary at 509-720-5112 to be added to the Zoom speaker list. Otherwise, comments will be taken in -person at the meeting, as noted on the agenda below: LINK TO ZOOM MEETING INFORMATION: httDs:Hsr)okanevallev.zoom.us/i/86262747051 One tap mobile US: +12532158782„ 86262747051# or+16699006833„86262747051# US Dial by your location US: +1 253 215 8782 US (Tacoma) Meeting ID: 862 6274 7051 AGENDA: 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES: June 8, 2023 6. COMMISSION REPORTS 7. ADMINISTRATIVE REPORT 8. PUBLIC COMMENT: On any subject which is not on the agenda. 9. COMMISSION BUSINESS: a. Public Hearing: CTA-2023-0002: Accessory Dwelling Unit Regulations Update (Presented By Lori Barlow) b. Public Hearing: CPA-2023-0001: 2023 Annual Comprehensive Plan Amendments (Presented By Levi Basinger) 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT Special Meeting Minutes Spokane Valley Planning Commission Room 109 — Centerplace Regional Event Center June 8, 2023 I. Planning Commission Chairman Karl Granrath called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. H. The Commissioners, staff, and audience stood for the Pledge Of Allegiance. III. Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Susan Delucchi Kelly Konkright, Contract Attorney Val Dimitrov, absent Chaz Bates, Planning Manager Karl Granrath Lori Barlow, Senior Planner Walt Haneke Chad Knodel, IT Specialist Bob McKinley Marianne Lemons, Administrative Assistant Nancy Miller Daniel Wilson, absent There was consensus from the Planning Commission members to excuse Commissioner Dimitrov and Commissioner Wilson. IV. AGENDA: Commissioner Delucchi moved and it was seconded to approve the June 8, 2023 agenda as presented. There was no discussion. The vote on the motion was five in favor, zero against, and the motion passed. V. MINUTES: Commissioner Haneke moved and it was seconded to approve the May 11, 2023 minutes as presented. There was no discussion. The vote on the motion was four in favor, zero against, and the motion passed. Commissioner McKinley abstained from the vote because he was not present at the meeting. Commissioner Haneke moved and it was seconded to approve the May 25, 2023 minutes as presented. There was no discussion. The vote on the motion was five in favor, zero against, and the motion passed VI. COMMISSION REPORTS: Commissioner Delucchi reported that she has been looking at other Cities land uses while traveling. She commented that she thinks that Spokane Valley could update their code in a way that doesn't sacrifice the beauty of the Valley for economic growth. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that the City Council passed the Street Vacation for Oaks Academy that was reviewed by the Planning Commission. He also mentioned that there was a parcel that was missed during the noticing of the Comprehensive 6-08-2023 Planning Commission Minutes Page 2 of 4 Plan Amendment Update so that item will be reheard by the Planning Commission at the next meeting. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Motion Consideration: Planning Commission Rules Of Procedure Amendment Contract Attorney Kelly Konkright presented a proposed amendment to the rules of procedure. He explained that City Hall remediation work is currently underway in the Council Chambers. To accommodate the work, it is necessary to temporarily relocate the regular meetings of the Planning Commission to CenterPlace. The Planning Commission Rules of Procedures includes the date, time, and location of its meetings. The proposed amendment to the Rules of Procedure will change the location of the regular meetings from City Hall to CenterPlace Regional Event Center, 2426 N. Discovery Place, Spokane Valley, Washington. The dates and times of the meetings will remain the same, the second and fourth Thursday of each month beginning at 6:00 p.m. This change will benefit the public by increasing efficiency of Commission business and will alleviate staff time associated with setting special meetings. Commissioner McKinley moved and it was seconded to waive the rules and recommend approval to the City Council to amend the Planning Commission Rules of Procedure to change the location of meetings to Centerplace Regional Event Center. There was no discussion. The vote on the motion was four in favor, one against with Chairman Granrath dissenting, and the motion passed b. Study Session: CTA-2023-0002 — Accessory Dwelling Unit (ADU) Regulations Update Senior Planner Lori Barlow presented a staff report. She stated that CTA-2023-0002 is a city - initiated code text amendment to revise Spokane Valley Municipal Code (SVMC) 19.40.030 as it related to ADU standards. The proposed regulation change will eliminate the requirement that the property owner occupy the primary dwelling unit or the ADU and other matters related. Pursuant to SVMC 19.30.040 modification to SVMC Titles 17 through 24 are classified as a Type IV development application and require the Planning Commission to provide a recommendation to the City Council. Ms. Barlow explained that the reason for the change is that the requirement creates a barrier for the construction of ADU's to be constructed at the same time as a new home build. It also negatively impacts opportunities to provide affordable/flexible housing options. Ms. Barlow stated that the premise for the regulation was that ADU's were historically intended to allow for family members needing care. There are also some apprehensions about noise and negative impacts that may be caused by unsupervised renters. It allowed cities to limit the frequency of ADU's. 6-08-2023 Planning Commission Minutes Page 3 of 4 Ms. Barlow said that the Washington Department of Commerce has identified a housing crisis and has provided a breakdown of future housing needs. The breakdown estimates that Washington will need 1.1 million housing units in the next 20 years. Ms. Barlow explained that the City developed a Housing Action Plan (HAP) that stated that the City would need 6,660 additional dwelling units by 2037 for a forecasted population of 109,913 people. However, the City is already at 107,100 people as of April 1, 2022 which is 97% of the 2037 forecasts. There have been 3401 dwelling units built since the HAP was approved so the City needs 3,059 additional dwelling units to meet the proposed need for the current population of the City. Ms. Barlow explained that there has been more of a demand for the ability to build an ADU in the Single -Family Residential neighborhoods without the restriction of one of the units being occupied by the owner of the property. This change would allow an additional opportunity to help fill the gap of needed units and allow residents in the lower median income bracket to live in single-family home neighborhoods. Commissioner Haneke stated that he would be in favor of changing the code to allow an ADU to be built simultaneously with a new build home. However, he is opposed to removing the owner occupancy requirement because it would allow for two rentals on one property. Ms. Barlow outlined that the proposed draft regulations: • One ADU per parcel. • One off-street parking space per ADU. • The ADU must be at least 300 SF but less than 50% of the primary structure. • The footprint of the ADU cannot exceed 10% of the lot area or 1000 sf, whichever is greater. • The ADU cannot have more than 2 bedrooms. • The entrance must be located on the side or rear of the primary structure. • The ADU must be set behind the front building setback line and meet all side yard setbacks. • The ADU will only be allowed on lots with a single-family dwelling unit. • A title notice is required. Ms. Barlow highlighted that the only change to the code would be to remove the owner occupancy requirement. She also noted that Spokane County and the City of Spokane do not currently have the owner -occupied requirement for ADU's. Ms. Barlow stated that the benefits of the change to the code would add diversity in housing options, provide a housing type that blends in with existing single-family neighborhoods, would cater to changing demographics such as seniors or smaller households, would provide housing that is typically more affordable than single family homes, would remove a known barrier to ADU production and would be a gentle approach to accommodating the housing demand. She explained that the purpose of the proposed amendment would increase the overall housing supply and variety of housing, would encourage infill development, would reduce the need for additional land because the ADU's would utilize available area within established neighborhoods, and would provide for a greater opportunity for housing options. Ms. Barlow stated that the Public Hearing will be held on June 22, 2023. 6-08-2023 Planning Commission Minutes Page 4 of 4 Commissioner Granrath asked what prohibits a property owner from building an ADU at the time of a new build. Ms. Barlow answered that the staff interpretation of the code is that an ADU cannot be built until there is a "primary" residence. Commissioner Delucchi left the meeting at 7:04 p.m. Commissioner Granrath commented that he thinks it could be a good idea to allow some speculation builders to build ADU's at the time of new build. But he also thinks it might be good to keep ADU construction under the current more stringent requirements until the new legislation goes into effect in the year 2026. Commissioner Haneke stated that allowing developers to build ADU's along with new build Single - Family homes would force the City to look at traffic, utility capacity, parking, and infrastructure development. He pointed out that allowing double the number of units could be a huge impact. Commissioner McKinley commented that he feels that property owners should be allowed to develop their property as they see fit but he doesn't want to see every single-family home become a rental property with the addition of an ADU. Commissioner Miller stated that the change will encourage more rentals in single-family neighborhoods, and she doesn't think it is necessary to make that change currently. X. GOOD OF THE ORDER: Commissioner Granrath stated that he will not be at the June 22, 2023 meeting and may have to miss the first meeting in July. XI. ADJOURNMENT: Commissioner McKinley moved to adjourn the meeting at 7:23 p.m. The vote on the motion was five in favor, zero against, and the motion passed. Karl Granrath, Chairman Date Signed Marianne Lemons, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: June 22, 2023 Item: Check all that apply ❑ old business ❑ information ® new business ® public hearing ❑ study session ❑ pending legislation AGENDA ITEM TITLE: CTA-2023-0002 Accessory Dwelling Unit (ADU) Regulations Update Public Hearing GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040. PREVIOUS COMMISSION ACTION: May 11, 2023 — Study Session; May 251— Study Session deferred to June 81; June 8' — Study Session BACKGROUND: CTA-2023-0002 is a city -initiated code text amendment to revise SVMC 19.40.030 as it relates to ADU standards. The proposed regulations eliminate the requirement that the property owner occupy the primary dwelling unit or the ADU and other related matters. Pursuant to SVMC 19.30.040 modification to SVMC Titles 17 through 24 are classified as a Type IV development application and require the Planning Commission to provide a recommendation to City Council. On May 11, 2023 the Planning Commission conducted a study session proposed amendment and requested additional information that included the number of residential permits issued by type, analysis of the number of permits issued and its relationship to the number of units needed, and a prediction of the increase expected if the owner occupant criteria were removed. The second study session was scheduled for May 25`s. However, due to noticing issues the item was moved to the June 8' meeting and the public hearing was subsequently rescheduled to June 22, 2023. RECOMMENDED ACTION OR MOTION: Conduct the public hearing and deliberate on the proposed amendment. The Planning commission may recommend approval, approval with modifications, or denial of the proposed draft regulations. STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: 1. Presentation 2. Draft CTA-2023-0002 3. 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One ADU, attached or detached, is allowed per lot; and 3. One off-street parking space for the ADU is required in addition to the off-street parking required for the primary dwelling unit. B. Building. 1. The ADU shall be designed to meet the appearance of a single-family residence and shall be the same or visually match the primary dwelling unit in the type, size, and placement of the following: a. Exterior finish materials; b. Roof pitch; c. Trim; and d. Windows, in proportion (relationship of width to height) and orientation (horizontal or vertical); 2. The entrance to an attached ADU shall be located on the side or in the rear of the structure or in such a manner as to be unobtrusive in appearance when viewed from the front of the street. Only one entrance may be located on the facade of the primary dwelling unit in order to maintain the appearance of a single-family residence; 3. The ADU shall not exceed 50 percent of the habitable square footage of the primary dwelling unit, nor be less than 300 square feet; 4. The footprint of the ADU shall not exceed 10 percent of the lot area or 1,000 square feet, whichever is greater; and 5. The ADU unit shall not have more than two bedrooms. C. Additional Development Standards for ADUs. 1. ADUs shall be located behind the front building setback line and placed on a permanent foundation; 2. ADUs shall preserve all side yard and rear yard setbacks for a dwelling unit pursuant to Table 19.70-1; 3. ADUs shall not be allowed on lots containing a duplex, multifamily dwelling, or accessory apartment contained within the principal structure; and 4. Existing detached accessory structures may be converted into detached ADUs; provided, that all development standards and criteria are met, including side yard and rear yard setbacks. D. Other. 12. Prior to issuance of occupancy, a deed restriction shall be recorded with the Spokane County auditor to indicate the presence of an ADU, the FORHiFORIORt of , and other standards for maintaining the unit as described in the SVMC. CTA-2023-0002 — ADU Update - Draft 23. Home businesses are prohibited in the ADU. Page 2/2 34. Approval of an ADU may be revoked if the ADU is no longer in compliance with the development standards and criteria outlined in the SVMC. 0. The owner may cancel an ADU's registration by filing a letter with Spokane County auditor. The ADU may also be cancelled as a result of an enforcement action. COMMUNITY AND PUBLIC WORKS BUILDING & PLANNING CM Spokane STAFF REPORT AND RECOMMENDATION TO THE ,,;oo0; Va11eV PLANNING COMMISSION CTA-2023-0002 STAFF REPORT DATE: June 14, 2023 HEARING DATE AND LOCATION: June 22, 2023 beginning at 6:00 p.m.. This hearing will be conducted in person and remotely using web and telephone conference tools. A link to the Zoom meeting is provided on the agenda for the Planning Commission and posted to the City's webpage: www.spokanevalley.org/planningeommission. PROPOSAL DESCRIPTION: A city -initiated code text amendment (CTA) to eliminate the requirement that the property owner occupy the primary dwelling unit or the accessory dwelling unit (ADU), and other related matters. APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150, and 19.30.040. SUMMARY OF CONCLUSIONS: Staff concludes that CTA-2023-0002 is consistent with the criteria for review and approval, and consistent with the goals and policies of the Comprehensive Plan. STAFF CONTACT: Lori Barlow, AICP, Senior Planner REVIEWED BY: Chaz Bates, AICP, Planning Manager ATTACHMENTS: Exhibit 1: Proposed Amendment Exhibit 2: Public Comment APPLICATION PROCESSING: Chapter 17.80 SVMC, Permit Processing Procedures. The following table summarizes the procedural steps for the proposal. Procedural Action Date Published Notice of Public Hearin 1' Notice): May 12, 2023 Department of Commerce 60-day Notice of Intent to Adopt Amendment May 12, 2023 Published Rescheduled Notice of Public Hearing (2°d Notice) May 19, 2023 Published Rescheduled Notice of Public Hearing (31 Notice) May 26, 2023 Background: SVMC 19.40.030 establishes the development standards for accessory dwelling units (ADU). Standards address specific site and building requirements for setbacks, lot coverage, building size and height, etc. Additional requirements stipulate that the owner must occupy either the primary dwelling unit or the ADU as their permanent residence for at least six months of each year without collecting rent, prohibit ADUs on lots containing a duplex, multifamily dwelling or accessory apartment contained within the principal structure, and also prohibit a home business in the ADU. Staff Report and Recommendation CTA-2023-0002 Chapter 19.60 SVMC regulates the uses allowed in each zoning district. The zones where ADU's are allowed are found in SVMC 19.60.050. ADU's are allowed in all zones except the MFR, I and POS zones. ADU's are defined in Appendix A. The ADU definition is as follows: "Dwelling, accessory unit: A freestanding detached structure or an attached part ofa structure that is subordinate and incidental to the primary dwelling unit located on the same property, providing complete, independent living facilities exclusively for a single housekeeping unit, including permanent provisions for living, sleeping, cooking, and sanitation. " In April 2023, City Council had discussions regarding the owner occupancy requirement applicable to ADUs. Discussions noted that new developments proposed were not able to construct an ADU simultaneous with a home unless it was owner occupied. As a result, Council directed staff to initiate a CTA to remove the owner occupancy requirement. Although not discussed by Council, land use trends indicate increased demand for ADU's for a variety of reasons that include a desire for smaller homes that fit the needs of single person and single parent households, smaller family size, more affordable housing options in single family neighborhoods, housing for friends and family, and a means to increase personal wealth. In 2017, the City of Spokane Valley Housing Action Plan estimated that the City would need an additional 6,660 housing units by 2037 for a forecasted population of 109,913 people. However as of 2023, the city's population has grown to 107,100 which is 97% of the 2037 population forecast. The unexpected growth rate has resulted in an existing deficit of over 3,000 housing units affecting all income levels of the City. The Code Text amendment to remove the owner occupancy requirement associated with an accessory dwelling permit will remove a potential barrier to development of ADUs and allow the development of more housing types in the City. ANALYSIS: The owner occupant requirement only applies to accessory dwelling units associated with a single-family dwelling. The analysis does not affect industrial accessory dwelling units, or cartetaker's dwellings which are allowed in the non-residential zones. The proposed amendment: 1. Increases opportunity for ADU's to be constructed in areas served with utilities and infrastructure consistent with the needs for affordable housing and smaller households. SVMC 19.60.050 Permitted Use Matrix allows ADU's to be constructed in the residential zones and mixed use zones. SVMC 19.40.030 establishes the development standards ADU's must meet to receive a permit. Removing the requirement that the owner must live in either dwelling at least 6 months out of the year does not change the zones that allow ADU's nor change any bulk or performance standards. ADU's use existing housing resources and typically cost less to build than new comparably sized housing units since they do not require development of new land. Lower construction costs increase opportunity to provide affordable housing consistent with the needs of smaller households. Removing the owner occupant requirement promotes infill and reduces the need for additional land for housing construction. 2. Development standards ensure that neighborhood character is maintained. The existing bulk standards ensure that detached and attached ADU's are consistent with scale and character of the existing single family residential neighborhoods by maintaining the primary dwelling as the largest structure on the property and placing the ADU in locations that are less visually intrusive. Setback standards ensure that the privacy of the adjacent property owners are no more impacted than that of a single family structure. Attached ADU's which convert internal space, such as lower and upper Page 2 of 5 Staff Report and Recommendation CTA-2023-0002 levels, garage conversions, etc, into a separate ADU often create a new dwelling without any visual changes to the structure other than adding a new exterior door. 3. Removes a requirement that is difficult to enforce. SVMC 19.40.030 requires the owner to live in either the ADU or primary dwelling at least 6 months of the year and also requires the City to record a title notice identifying the requirement. However, once the ADU permit is issued the city does not monitor the ownership of the property or determine if the ADU is continuing to be rented. While the ownership requirement is determined at the time an ADU permit is requested, continued compliance is assumed. If the city were to receive a complaint regarding the occupancy status of an ADU primary dwelling, the Code Enforcement department would determine if the owner is living on the premise. Once the ADU is established, new owners are likely to rent the properties as they see fit, which may include living on the premise for a period of time and then retaining the property while moving to another location to increase their personal investments. While the renting of both the primary dwelling and the ADU would be a violation of the City's code, without a complaint about the property it would be virtually impossible to determine if the owner -occupancy requirement is being violated. 4. Provides housing suitable for the changing demographics (seniors and smaller households) The decline in average household size has resulted from several factors, including a growing elderly population, increasing numbers of single -person households and decreasing family size preferences. Households with single persons under 65 make up almost 17% of the households in the state of Washington (MRSC, pg 3, Accessory Dwelling Units, Issues and Options). Many families do not need or cannot afford large homes. The decline in household size has left empty nesters and other homeowners of homes that were designed for large families with unused, surplus housing space. The increase in demand for smaller homes creates an efficient and low cost opportunity to convert existing housing stock into affordable housing opportunities. A. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT 1. Compliance with Title 17 SVMC (General Provisions) of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F) identifies the approval criteria for an amendment to Titles 17-27 SVMC. The City may approve a Municipal Code Text amendment if it finds that: i. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan: Staff Analysis: The proposed amendment is supported by the Comprehensive Plan and is consistent with the following Comprehensive goals and policies: LU-GI Maintain and enhance the character and quality of life in Spokane Valley. LU-G2 Provide for land uses that are essential to Spokane Valley residents, employees, and visitors. LU-P7 Protect residential neighborhoods from incompatible land uses and adverse impacts associated with transportation corridors LU-P15 Enable a variety of housing types. Page 3 of 5 Staff Report and Recommendation CTA-2023-0002 HGl Allow for a broad range of housing opportunities to mee the needs of the community. H-G2 Enable the development of affordable housing for all income levels H-P2 Adopt development regulations that expand housing choices by allowing innovative housing types including tiny homes, accessory dwelling units, prefabricated homes, co -housing, cottage housing, and other housing types. H-P3 Support the development of affordable housing units using available financial and regulatory tools. 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. CF-P2 Optimize the use of existing public facilities before investing in new facilities. ii. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment: Staff Analysis: The proposed amendment bears substantial relation to public health, safety, welfare, and protection of the environment. The City is experiencing significant population growth resulting in a housing shortage to meet housing demand. ADUs are currently allowed in all residential zones. The existing regulations for ADUs ensure they are compatible with the existing character of the neighborhood. The proposed removal of the owner -occupancy requirement does not change any of these compatibility standards; however, it does allow for more opportunities for infill development in a manner that fits into the neighborhood. The requirement is difficult to enforce. Smaller household sizes have created a need for affordable smaller housing types in single family neighborhoods. The City is committed to protecting community character while ensuring continued growth in housing opportunities for all community needs and income levels. b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC 17.80.150(F). 2. Finding and Conclusions Specific to Public Comments a. Findings: One public comment has been received to date in support of the code text amendment. On May 25, 2023 a number of persons spoke to the Planning Commission opposing the text amendment voicing concerns that included: • The illegal conversion of the ADU to a business • Increasing the rentals in the neighborhood • Opposition to growth and impacts to schools, roads, services, etc • General confusion about the recently passed legislation and the parameters of the code text amendment • Support of owner occupancy requirement Page 4 of 5 Staff Report and Recommendation CTA-2023-0002 The impacts of an ADU are marginal as the use is consistent with the existing land uses allowed and development regulations will ensure compatibility with the existing neighborhood. The city has permitted 17 ADU's over the last 5 years located throughout the city and is unaware of any associated issues. The City does not regulate owner, versus non -owner, occupancy of any other residential land use. Infill development takes advantage of existing services and infrastructure creating less demand on service providers. b. Conclusion(s): Adequate public noticing was conducted for CTA-2022-0002 pursuant to adopted public noticing procedures. 3. Finding and Conclusions Specific to Agency Comments a. Findings: The City has not received any substantive agency comments to date. b. Conclusion(s): No concerns noted. B. CONCLUSION For the reasons set forth in Section A the proposed code text amendment to eliminate the requirement that the property owner occupy the primary dwelling unit or the ADU, and other matters related is consistent with the requirements of SVMC 17.80.150(F) and the Comprehensive Plan. Page 5 of 5 CTA-2023-0002 — ADU Update - Draft Page 1/2 19.40.030 Development standards— Accessory dwelling units. A. Site. 1. An ADU may be developed in conjunction with either an existing or new primary dwelling unit; 2. One ADU, attached or detached, is allowed per lot; and 3. One off-street parking space for the ADU is required in addition to the off-street parking required for the primary dwelling unit. B. Building. 1. The ADU shall be designed to meet the appearance of a single-family residence and shall be the same or visually match the primary dwelling unit in the type, size, and placement of the following: a. Exterior finish materials; b. Roof pitch; c. Trim; and d. Windows, in proportion (relationship of width to height) and orientation (horizontal or vertical); 2. The entrance to an attached ADU shall be located on the side or in the rear of the structure or in such a manner as to be unobtrusive in appearance when viewed from the front of the street. Only one entrance may be located on the facade of the primary dwelling unit in order to maintain the appearance of a single-family residence; 3. The ADU shall not exceed 50 percent of the habitable square footage of the primary dwelling unit, nor be less than 300 square feet; 4. The footprint of the ADU shall not exceed 10 percent of the lot area or 1,000 square feet, whichever is greater; and 5. The ADU unit shall not have more than two bedrooms. C. Additional Development Standards for ADUs. 1. ADUs shall be located behind the front building setback line and placed on a permanent foundation; 2. ADUs shall preserve all side yard and rear yard setbacks for a dwelling unit pursuant to Table 19.70-1; 3. ADUs shall not be allowed on lots containing a duplex, multifamily dwelling, or accessory apartment contained within the principal structure; and 4. Existing detached accessory structures may be converted into detached ADUs; provided, that all development standards and criteria are met, including side yard and rear yard setbacks. D. Other. 12. Prior to issuance of occupancy, a deed restriction shall be recorded with the Spokane County auditor to indicate the presence of an ADU, d other standards for maintaining the unit as described in the SVMC. CTA-2023-0002 — ADU Update - Draft 23. Home businesses are prohibited in the ADU. Page 2/2 34. Approval of an ADU may be revoked if the ADU is no longer in compliance with the development standards and criteria outlined in the SVMC. 43. The owner may cancel an ADU's registration by filing a letter with Spokane County auditor. The ADU may also be cancelled as a result of an enforcement action. Marianne Lemons From: Levi Basinger Sent: Friday, May 5, 2023 12:34 PM To: Marianne Lemons Cc: Lori Barlow; Chaz Bates Subject: FW: 5/11 study session on ADUs owner occupancy Marianne, It appears we received this public comment in the email chain below regarding CTA-2023-0002, which is the study session item at the 5-11-23 Planning Commission meeting. Levi Basinger I Planner 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509)720-5332 1lbasinger@sookanevallev.org ��� has! ,tom This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. From: eastman.lara <eastman.lara@yahoo.com> Sent: Friday, May 5, 2023 1:28 AM To: Planning <planning@spokanevalley.org> Subject: 5/11 study session on ADUs owner occupancy [EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or clicking links. Can I publicly comment for this? I can't tell from the agenda but I would like to. My partner and I are homeowners of a house with an old and new section and the city permitting Department had talked to us about watching this proposal. We are planning to split our current home into an old and new side which will be a 2 bedroom 2 bath apartment and a 2 bedroom 1 bath ADU that is 50% of total square footage. This law change is pivotal to us being able to rent this house as 2 separate units to provide affordable middle range multi housing. We are advocating for this change and would love to speak up. We meet this exact situation and want to help secure the ability to split and rent this home that is not affordable as 1 house but affordable as 2 smaller homes. We would meet all other stipulations beyond owner occupancy as we plan to buy property out of town and only rent these once complete. The ADU could be rented to families or made fully handicap accesible as it single level with a no stair entry, Also. Thank you Lara Eastman & Keven Bolinger off 8th and pines. 253-509-2334 Sent from my Verizon, Samsung Galaxy smartphone CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: June 22, 2023 Item: Check all that apply ® old business ❑ new business ® public hearing ❑ information ❑ study session ❑ pending legislation AGENDA ITEM TITLE: 2023 Annual Comprehensive Plan Amendments— Public Hearing. GOVERNING LEGISLATION: RCW 36.70A, SVMC 17.80.140 and 19.30.010. PREVIOUS COMMISSION ACTION: On March 9, 2023, the Planning Commission held a Study Session on the 2023 Annual Comprehensive Plan Amendments (CPA). On April 13, 2023, the Planning Commission held a public hearing on the proposed CPA, and on April 27, 2023, the Planning Commission made a recommendation to the City Council to approve CPA-2023-01. BACKGROUND: The Growth Management Act (GMA) allows local jurisdictions to consider amendments to their Comprehensive Plans once each year. The City codified this process in Section 17.80.140 of the Spokane Valley Municipal Code (SVMC). On November 22, 2022, the City Council approved the 2023 Docket. The Docket includes one proposed site -specific map amendment to the Comprehensive Plan. On December 9, 2022, the City issued a Determination of Non -significance (DNS) for the proposed comprehensive plan amendment pursuant to Title 21 SVMC, Environmental Controls. Comments on the determination have been incorporated into the staff report where appropriate and no appeal of the DNS was received. On March 24 and 31, 2023, a Notice of Public Hearing for the proposed amendments was published. On March 27, 2023, the site -specific map amendment was posted on site. On March 29, 2023, a notice of public hearing was mailed to property owners within 400 feet of the proposed amendment sites. After the Planning Commission made their recommendation to that the City Council approve the CPA, it was identified that proper mailing notice for the public hearing was not provided. To ensure that the Planning Commission has the opportunity to hear new and relevant public testimony, staff has reissued the public notice for CPA-2023-0001. On June 2 and 9, 2023, a second Notice of Public Hearing for the proposed amendments was published. On June 6, 2023, a second notice of the public hearing was posted on site, and on June 7, 2023, a second notice of public hearing was mailed to property owners within 400 feet of the proposed amendment. On March 9, 2023, staff presented the proposed 2023 Comprehensive Plan amendments to the Planning Commission for their review and discussion. Tonight's meeting will include a public hearing on the proposed amendments to the Comprehensive Plan. RECOMMENDED ACTION OR MOTION: Discuss the proposed amendments and provide staff direction to prepare the findings. The Planning Commission may recommend approval, approval with modifications, or denial of the proposed amendments. STAFF CONTACT: Levi Basinger, Planner ATTACHMENTS: 1. Presentation 2. Staff Report dated June 15, 2023 RPCA Public Hearing for 2023 Comprehensive Plan Amendments Page I of I Spokan` new jValley, STAFF REPORT DATE: June 15, 2023 COMMUNITY & PUBLIC WORKS DEPARTMENT BUILDING & PLANNING DIVISION STAFF REPORT TO THE PLANNING COMMISSION CPA-2023-01 HEARING DATE AND LOCATION: June 22, 2023, beginning at 6:00 p.m., at CenterPlace Regional Event Center and remotely via Zoom. Due to an error in the notification process, the City of Spokane Valley is holding a second public hearing on the comprehensive plan amendment described below. Project Number: CPA-2023-01 Application Description: A request to change the comprehensive plan designation and zoning for 19.45 acres Single Family Residential (SFR) and 4.41 acres Neighborhood Commercial (NC) to Parks/Open Space (P/OS), for a total of 23.86 acres. Location: Parcels 46351.9143, 46352.9149, 46354.9150, and 46355.9151; Section 35, Township 26 North, Range 44 East, Willamette Meridian, Spokane County, Washington Applicant: City of Spokane Valley Owners: City of Spokane Valley Date of Application: November 1, 2022 Staff Contact: Levi Basinger, Planner, 10210 E Sprague Avenue, Spokane Valley, WA 99206 APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, Title 17 Spokane Valley Municipal Code (SVMC) General Provisions, Title 19 SVMC Zoning Regulations, and Title 21 SVMC Environmental Controls. ATTACHMENTS: Exhibit 1: Proposed Comprehensive Plan Map Exhibit 7: Environmental Determination Exhibit 2: Proposed Zoning Map Exhibit 8: SEPA Checklist Exhibit 3: Vicinity Map Exhibit 9: Notice of Public Hearing Exhibit 4: Aerial Map Exhibit 10: Agency Comments Exhibit 5: Existing Comprehensive Plan Map Exhibit 11: Public Comments Exhibit 6: Existing Zoning /41 PROPERTY INFORMATION Size and Characteristics: The property consists of four vacant parcels totaling 23.86 acres, located between Bigelow Gulch Road, Forker Road, and Progress Road. Comprehensive Plan: Single Family Residential (SFR), Neighborhood Commercial (NC) Zoning: Single Family Residential (R-3), Neighborhood Commercial (NC) Page 1 of 8 Staff Report CPA-2023-01 Existing Use: Vacant (within floodplain and adjacent to drainage area for adjacent subdivision) SURROUNDING COMPREHENSIVE PLAN, ZONING, AND LAND USES Comprehensive Plan: Rural Conservation (RCV, Spokane County) North Zoning: RCV (Spokane County) Uses: Church, single-family residences Comprehensive Plan: SFR South Zoning: R-3 Uses: Single-family residences Comprehensive Plan: NC, SFR, Urban Reservce (UR, Spokane County) East Zoning: NC, R-3, UR (Spokane County) Uses: School, single-family residences Comprehensive Plan: SFR, RCV (Spokane County) West Zoning: R-3, RCV (Spokane County) Uses: Single-family residences APPLICATION PROCESSING: Chapter 17.80 Permit Processing Procedures in the SVMC. The following summarizes key application procedures for the proposal. Application Submitted: November 2, 2022 SEPA DNS Issue date December 9, 2022 End of Appeal Period for DNS: December 27, 2022 Date of I" Mailed Notice of Public Hearing March 29, 2023 Date of I" Published Notice of Public Hearing: March 24 & 31, 2023 16' Public Hearing April 13, 2023 Date of Initial Findings of Fact Apri 127, 2023 City Council Administrative Report May 23, 2023 Date of 2°d Mailed Notice of Public Hearing June 7, 2023 Date of 2nd Published Notice of Public Hearing: June 2 & 9, 2023 SUMMARY AND IMPLICATIONS OF PROPOSED AMENDMENT: If adopted the amendment will change the comprehensive plan land use designation and zoning to P/OS which would largely limits development of the site to passive and active recreational uses. The current zoning of P/OS does not permit residential development and only allows limited commercial uses. B. FINDINGS AND CONCLUSIONS SPECIFIC TO SEPA 1. Findings: Pursuant to Title 21 SVMC, the lead agency has determined that the proposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). The City issued a Determination of Non - Significance (DNS) for the proposal on December 9, 2022. The determination was made after Page 2 of 8 Staff Report CPA-2023-01 review of a completed environmental checklist, the application, Titles 19, 21, and 22 SVMC, a site assessment, public and agency comments, the Comprehensive Plan and associated Environmental Impact Statement. 2. Conclusion(s): The procedural requirements of the State Environmental Policy Act (SEPA) and Title 21 SVMC have been fulfilled. C. FINDINGS AND CONCLUSIONS SPECIFIC TO THE COMPREHENSIVE PLAN AMENDMENT AND AREA -WIDE REZONE The City may approve Comprehensive Plan amendments and area -wide zone map amendments if it finds that compliance with the approval criteria in SVMC 17.80.140.H. (1) The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; Analysis. The proposed amendment to change the designation for 19 acres from Single Family Residential (SFR) and 4 acres from Neighborhood Commercial (NC) to Parks and Open Space (P/OS) bears a substantial relationship to the public health, safety, welfare, and protection of the environment. In 2021, the City acquired four parcels (46351.9143, 46352.9149, 46354.9150, 46355.9151) west and south of Progress Road and east ofForker Road. The purpose behind the city acquiring this land was to preserve open space within the 100 year floodplain and to expand the city's park lands. This area was generally identified as New Park Area 1 in the 2019 Parks and Recreation Master Plan. These plans were developed through an extensive community engagement process. Additionally, the expansion is necessary to maintain the adopted Level of Service (LOS) 3.25 acres of park land for every 1, 000 residents. (2) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted plan not affected by the amendment; Analysis: The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted plan not affected by the amendment. The Growth Management Act (GMA) adopts fourteen goals to guide the development oflocal comprehensive plans and development regulations. The proposal is consistent with the GMA goals to enhance recreational opportunities and develop parks and recreation facilities. Additionally, the GAM requires a Parks and Recreation element to be a part of the adopted comprehensive plan. The City's Comprehensive Plan adopts the Parks Plan by reference. The proposed amendment will not have unanticipated impacts on other areas of the Comprehensive Plan. (3) The proposed amendment responds to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies; Analysis: The proposed amendment does not respond to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies. (4) The proposed amendment corrects an obvious mapping error; or Analysis: The proposed amendment is not in response to or corrects an obvious mapping error. Page 3 of 8 Staff Report CPA-2023-01 (5) The proposed amendment addresses an identified deficiency in the Comprehensive Plan. Analysis: The proposed amendment will address a documented deficiency of park land and open space in the Comprehensive Plan. The Comprehensive Plan identifies the following goals and policy that support the proposed change: P-GI Develop, grow, and maintain a diverse and accessible park, recreation, trail, and open space system that enhances community character. P-P2 Acquire land for the development of parks or the preservation of open space within the City's boundaries and adjacent UGAs. P-P3 Using the Parks and Recreation Master Plan, periodically assess recreational facilities to identify potential gaps and improvements. P-P7 Identify and protect regional open spaces and natural areas to form a connected network of active and passive recreation areas. NR-Gl: Pursue food hazard reduction while providing predictability for landowners. NR-P9: Ensure that wetlands, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, and critical aquifer recharge areas are identified, designated, and protected. ii. The City must also consider the following factors prior to approving Comprehensive Plan amendments: (6) The effect upon the physical environment; Analysis: The change to P/OS will not impact the physical environment. The change will result in less intensive uses than are allowed in SFR and NC zones, reducing the potential effects on the physical environment. (7) The effect on open space, streams, rivers, and lakes; Analysis. According to the City's Critical Areas map, most ofthe property is located in the 100 year floodplain. The primary flood zone designation that applies to the site is AO, which is defined as an area of shallow flooding, usually in the form of sheet flow, with an average depth ranging from 1 to 3 feet. Pursuant to SVMC 21.30.090.9, all structures in Zone AO shall are required to be elevated to one foot or more above the specified flood depth or flood -proofed with watertight construction methods. Given the strict requirements applied to structures in the floodplain, open fields allowing for passive or active recreation, with no or few structures, are ideal for locations such as these. There is also a seasonal stream (DNR Type F) located on the property that flows into a drainage channel, which is deposited into a stormwater storage basin where it infiltrates into the soil. The stream type and its route were identified in a 2015 Water Type Modification. The parcels are not located within shoreline jurisdiction, and there are no known surface water quality or quantity issues. The City's critical areas ordinance will ensure that adequate protection of the critical areas and adjacent land use are addressed at the time offuture development. (8) The compatibility with and impact on adjacent land uses and surrounding neighborhoods; Analysis: The proposed amendment is compatible with the surrounding land uses. Future development of the park space will provide a documented need and location identified in the 2019 Parks and Recreation Master Plan. Page 4 of 8 Staff Report CPA-2023-01 (9) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; Analysis: Sewer and water are available to the site. The nearest formal park is Plante's Ferry Park (Spokane County Parks) approximately 2 miles to the southwest. The proposal will increase park land and faure development will enhance the park system helping maintain the adopted LOS. The site is served by Progress Road and Forker Road, both Minor Arterials, on the north and west exteriors of the site. The site also has frontage along Bigelow Gulch Road to the east. A realignment of Bigelow Gulch Road and an extension of Sullivan Road has recently finished construction. There are no determinations for Levels of Service (LOS) of roadways adjacent to the site since these are located outside municipal boundaries. (10) The benefit to the neighborhood, City, and region; Analysis: The proposed amendment will provide benefits to the neighborhood and City by providing an opportunity to provide park space to the neighborhood without the need to leave the area. Plante's Ferry Park, the nearest formal public park, is outside municipal boundaries and maintained by Spokane County; therefore, it is not considered in determining the LOS for park land. This will provide new City -owned and maintained park space for residents underserved by the municipal park system. The expansion of park space in this area will help the City meet its adopted LOS for park land. (11) The quantity and location of land planned for the proposed land use type and density and the demand for such land; Analysis: The quantity and location ofpark land is planned for and needed as identified in the Parks Plan. A park at this location f others the goals of the Parks Plan and Comprehensive Plan. The site provides easy access for pedestrians, bicycles, and automobiles. (12) The current and projected population density in the area; and Analysis: The proposed change would have minimal impact on projected population density. Development of the property is severely limited due to being in the 100 year foodplain and being encumbered by an easement for Bonneville Power Administration (BPA). (13) The effect upon other aspects of the Comprehensive Plan. Analysis: The proposal will not have an impact on other aspects of the Comprehensive Plan. In addition to meeting the goals in the Parks and Recreation Master Plan the proposed amendment addresses the following goals, policies, and strategy of the Comprehensive Plan: L U-G2 Provide for land uses that are essential to Spokane Valley residents, employees, and visitors. LU-P18 Enable public open spaces. P-Gl Develop, grow, and maintain a diverse and accessible park, recreation, trail, and open space system that enhances community character. P-P2 Acquire land for the development of parks or the preservation of open space within the City's boundaries and adjacent UGAs. Page 5 of 8 Staff Report CPA-2023-01 P-P3 Using the Parks and Recreation Master Plan, periodically assess recreational facilities to identify potential gaps and improvements. P-P5 Design parks and community facilities to provide easy access for pedestrians, bicycles, autos, and public transit. P-P8 Plan for access to parks, trails, and other open spaces in all neighborhoods. NR-GI Pursue flood hazard reduction while providing predictability for landowners. NR-P2 Prepare and/or regularly update watershed plans for Chester Creek, Glenrose Channel, Saltese Creek, Forker Draw, and Central Park Basin. NR-P3 Prepare an accurate, updated map of areas expected to be inundated by a 100 year flood, particularly in the Spokane River, Forker Draw, and Glenrose Channel Areas. NR-P9 Ensure that wetlands, fish and wildlife habitat conservation areas, frequentlyflooded areas, geologically hazardous areas, and critical aquifer recharge areas are identified, designated, and protected. Conclusion(s): For the reasons outlined above the proposed amendment is consistent with SVMC 17.80.140(I-I). D. FINDINGS AND CONCLUSIONS SPECIFIC TO PUBLIC COMMENTS 1. Findings: Staff has received three public comments to date. Date Name & Address Comment(s) April 1, 2023 Inna Goleta Summarized: innachka og letaahotmail.com 1. Parcels are home to many species of birds and wildlife. 2. Natural areas should be set aside for wildlife. 3. Should be planned in a way to benefit both community and wildlife. 4. Sidewalks and paved pathways should be installed for walking and bicycling more safe and enjoyable. April 6, 2023 Christine Beirouty Summarized: cbeirouty@gmail.com 1. Understanding that development is not possible in specified location. 2. Opposed to any new homes being built in specified location. April 13, 2023 Susan Brunemeir Summarized: 14717 E Caprio Avenue 1. In favor of natural park. suebru72 ail.com 2. Wetlands ideal habitat for birds. Page 6 of 8 Staff Report CPA-2023-01 Comments received following the date of this staff report will be provided to the Planning Commission at the June 22, 2023 meeting. 2. Conclusion(s): An initial Notice of Public Hearing (NOPH) was published March 24 and 31, 2023. The NOPH was posted on site on March 27, 2023 and mailed to property owners within a 400 foot radius of the site on March 29, 2023. After the public hearing and after the Planning Commission made their recommendation to City Council, it was identified that the mailing notice for the public hearing was inadequate. The buffer created to generate the mailing list excluded Parcel Number 46354.9150, meaning property owners within 400 feet of the proposal were not notified by mail. To ensure that the Planning Commission has the opportunity to hear new and relevant public testimony, staff has reissued the public notice for CPA-2023-0001. On June 2 and 9, 2023, a second Notice of Public Hearing for the proposed amendments was published. On June 6, 2023, a second notice of the public hearing was posted on site, and on June 7, 2023, a second notice of public hearing was mailed to property owners within 400 feet of the proposed amendment. E. FINDINGS AND CONCLUSIONS SPECIFIC TO AGENCY COMMENTS 1. Findings: Agency Received Comments Comments Dated City of Spokane Valley Senior Traffic Engineer City of Spokane Valley Development Engineering City of Spokane Valley Building & Planning City of Spokane Valley Parks & Recreation Spokane Valley Fire Department Yes 12-07-22 City of Millwood City of Liberty Lake City of Spokane City of Spokane Valley Police Department Spokane County,Building and Planning Spokane County,Wastewater System Division Yes 12-12-22 Spokane County, Clean Air Agency Spokane County, Fire District No. 1 Spokane County, Fire District No. 8 Spokane County Regional Health District Spokane Regional Clean Air Agency Spokane Aquifer Joint Board Spokane Transit Authority STA Spokane Regional Transportation Council SRTC Washington State Dept of Commerce Washington State Dept of Ecology OI m is Washington State Dept of Ecology (Spokane) Washington State Dept of Fish & Wildlife Washington State Dept of Natural Resources Washington State Dept of Transportation Washington State Parks & Recreation Commission Page 7 of 8 Staff Report CPA-2023-01 WA Archaeological & Historic Preservation Avista Utilities Inland Power & Light Modem Electric Water Company Conoco Phillips Yellowstone Pipeline) Yes 12-07-22 Central Valley School District #356 East Valley School District #361 West Valley School District #363 Century Link Comcast Model Irrigation District #18 Consolidated Irrigation District #19 East Spokane Water District #1 Vera Water & Power Spokane County Water District #3 Spokane Tribe of Indians 2. Conclusion(s): No concerns are noted F. CONCLUSION: For the reasons set forth in Section C above, the proposed amendment to amend the Comprehensive Plan and adopt the area -wide rezone to change the land use designation and zoning to of parcels 46351.9143, 46352.9149, 46354.9150, and 46355.9151 to P/OS complies with the requirements of SVMC 17.80.140.H and the Comprehensive Plan. Page 8 of 8 BmM.. Rd B C� c � w a' X w h N SullivamQ'a C C O 0 a u 0 �l ou0 N 00�d N .N 8`9e\ P21 alRanl N Q w � � o v „ap C > om 4 d Qc� � Gna a� �0. v � 0 a u = N g m O N z o 0 d 'a en r N v /0� 1 0 - ° o N 0 " a d xvgwA N a �a Gn a 2 Rd mUEoa > P P P P � O hhh ul m m N Kea t o. Q! Lu W22ma N SullivanQ'a m Gn�a a hp9 i3 Pb �� M a P M �O i v c � (Y L�9 Pb�yrygpq a ' o� cm � 3 � � M j O N � d d 3 Pa scab N Sullivan yy y AN Ty i R '• iA j t., A .oljp• i ¢� E i K W \ \ ,¢L►,' _ � G. � :a, is A¢ v N. �W . FbaN _ see < k4 ate• Rbk35�a9tN v ¢ m E y o,, m4 IN V V1 ✓ O d ' O O _ I uN N -0 ' ry e a •�U:7l��ry�:y�� o • o' ° ry� Ir'l°J "Iw U UJ � 0 o d 3 Q aQ,h b�'b a � n CV P G9 ftup _ f'l - H e Q O �5ry. c c c 0 N N ', a A O P O m vW v vv-r a s �iJ J�� 44 A � ` • u < �E w d w� G]a Exhibit 7 /\ COMMUNITY & PUBLIC WORKS DEPARTMENT SpO-�n� e ` DETERMINATION OF NON -SIGNIFICANCE 10210 East Sprague Avenue • Spokane Valley WA 99206 .;000%Hey. 509.720.5000 • Fax: 509.720.5075 • planning@spokanevalley.org PROJECT: Amendment to the Comprehensive Plan for 2023: File Number 1Applicant/Owner CPA-2023-01 A request to change land use Parcels 46351.9143, 46352.9149, City of Spokane designation and zoning for 46354.9150, and 46355.9151; Valley approximately 23.86 acres Single Section 35, Township 26 North, Family Residential and Range 44 East, Willamette Neighborhood Commercial to Meridian, Spokane County, Parks/Open Space. Washington LEAD AGENCY: City of Spokane Valley DETERMINATION: Determination of Non -Significance is issued under Washington Administrative Code (WAC) 197- I1-340(2); the lead agency will not act on this proposal for 18 days from the date issued. Comments must be received by 5:00 p.m. on December 27, 2022. Pursuant to Title 21, Environmental Controls of the Spokane Valley Municipal Code (SVMC), the lead agency has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement is not required under Revised Code of Washington 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. STAFF CONTACT: Levi Basinger, Planner, City of Spokane Valley, Planning Division, 10210 E Sprague Avenue, Spokane Valley, WA 99206, PH: (509) 720-5332/FX (509) 720-5075, [basin ger(a).spokanevallev.ong RESPONSIBLE OFFICIAL: Chaz Bates, AICP, Planning Manager, City of Spokane ey, 1021 ast S e Avenue, Spokane Valley, WA 99206, PH: (509) 720-5033, cbates s okanevallev.or DATE ISSUED: December 9. 2022 SIGNATURE: APPEAL: An appeal of this determination shall be submitted to the Community & Public Works Department within fourteen (14) calendar days after the date issued. The appeal must be written and specific factual objections made to the City's threshold determination. Appeals shall be conducted in conformance with SVMC 17.90 Appeals, and any required fees pursuant to the City's adopted Fee Schedule shall be paid at the time of appeal submittal. Pursuant to WAC 197-11- 680, appeals shall be limited to a review of a final threshold determination. City of Spokane Valley Determination of Non -Significance (DNS) Page 1 of I File No. CPA-2023-01 Exhibit 8 STAFF USE ONLY Date Submitted: Received by: Fee: PLUS #: File #: PART I — REQUIRED MATERIAL "THE APPLICATION WILL NOT BE ACCEPTED IF THE REQUIRED MATERIALS ARE NOT PROVIDED" ❑ Completed SEPA Checklist ❑ Application Fee ❑ Reduced Site Plan of proposal in W" by 11" or 11" by 17" size ❑ Trip Distribution and Generation Letter, if requested by Development Engineering. PURPOSE OF CHECKLIST: The State Environmental Policy AM (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whetheran EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answerthe questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NON -PROJECT PROPOSALS: Complete this checklist for non -project proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NON -PROJECT ACTIONS (Part D). Exhibit 8 For non -project actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. A. BACKGROUND 1. Name of proposed project, if applicable: CPA-2023-01. An amendment to the Future Land Use Map of the 2017-2037 Comprehensive Plan. 2. Name of applicant: City of Spokane Valley 3. Address and phone number of applicant and contact person: 10210 E. Sprague Avenue, Spokane Valley, WA 99206. Contact: Levi Basinger, Planner, Community and Public Works Division. (509) 720-533, I basinger@spokaneval ley.ors 4. Date checklist prepared: November 2, 2022 5. Agency requesting checklist: City of Spokane Valley 6. Proposed timing or schedule (including phasing, if applicable): Anticipated adoption June 2023 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? Yes. If yes, explain. The property is planned for future park space. Future development may require a separate SEPA process. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. An Environmental Impact Statement (EIS) was completed for the City's Comprehensive Plan. The document is titled 2017-2037 Comprehensive Plan Final Environmental Impact Statement (FEIS) and supporting Development Regulations. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? None. If yes, explain. 10. List any government approvals or permits that will be needed for your proposal, if known. Approval by City Council. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The amendment is to change approximately 19 acres of Single Family Residential (SFR) designated land and approximately 10 acres of Neighborhood Commercial (NC) designated land to a designation of Parks, Recreation and Open Space (P/OS). The change Exhibit 8 would formally recognize the public ownership and intended use of the property. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The proposal is generally located west and south of N Progress Road and east of N Forker Road. The property is vacant and unaddressed. The parcel numbers are 46351.9143, 46352.9149, 46354.9150, and 46355.9151 and can be further located using these coordinates: 47.708267, - 117.206544. The property is located adjacent to the northern city boundary. 13. Does the proposed action lie within the Aquifer Sensitive Area (ASA)? The general Sewer Service Area? Yes. Priority Sewer Service Area? Yes. (See: Spokane County's ASA Overlay zone Atlas for boundaries). 14. The following questions supplement Part A: a. Critical Aquifer Recharge Area (CARA) / Aquifer Sensitive Area (ASA). 1. Describe any systems, other than those designed for the disposal of sanitary waste, installed for the purpose of discharging fluids below the ground surface (includes systems such as those for the disposal of stormwater or drainage from floor drains). Describe the type of system, the amount of materials to be disposed of through the system and the types of material likely to be disposed of (including materials which may enter the system inadvertently through spills or as a result of firefighting activities). This is a non -project action changing the future land use map. Future development would be analyzed under separate SEPA process. 2. Will any chemicals (especially organic solvents or petroleum fuels) be stored in aboveground or underground storage tanks? If so, what types and quantities of material will be stored? This is a non -project action changing the future land use map. Future development would be analyzed under a separate SEPA process. 3. What protective measures will betaken to insure that leaks or spills of any chemicals stored or used on site will not be allowed to percolate to groundwater? This includes measures to keep chemicals out of disposal systems. This is a non -project action changing the future land use map. Future development would be analyzed under separate SEPA process. 4. Will any chemicals be stored, handled or used on the site in a location where a spill or leak will drain to surface or groundwater or to a stormwater disposal system discharging to surface or groundwater? This is a non -project action changing the future land use map. Future development would be analyzed under separate SEPA process. b. Stormwater 1. What are the depths on the site to groundwater and to bedrock (if known)? Unknown Exhibit 8 2. Will stormwater be discharged into the ground? If so, describe any potential impacts. This is a non -project action changing the future land use map. Future development would be analyzed under separate SEPA process. B. Environmental Elements 1. Earth a. General description of the site (circle one): flat, rolling, hilly, steep slopes, mountainous, other: floodplain. b. What is the steepest slope on the site (approximate percent slope)? Unknown What general types of soils are found on the site (for example, clay, sand, gravel, peat, much)? If you know the classification of agricultural souls, specify them and note any prime farmland. This is a non -project action changing the future land use map. The site is currently undeveloped, and the application does not evaluate a specific future use. Any future changes will be reviewed under a separate SEPA process. Are there surface indications or history of unstable soils in the immediate vicinity? No. If so, describe. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Also indicate source of fill. Not applicable. c. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Not applicable. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not applicable. d. Proposed measures to reduce or control erosion or other impacts to the earth, if any: Not applicable. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, and industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Not applicable. b. Are there any off -site sources of emissions or odor that may affect your proposal? Yes. If so, generally describe. The site is accessed from Forker Road and Progress Road, both considered minor arterials, from the west and north respectively. The site also has frontage along Bigelow Gulch Road to the east. Wellesley Avenue is located further south. These are all sources of vehicle emissions affecting the site in question. A realignment of Bigelow Gulch Road directly north of the site and an extension of Sullivan Road southeast was recently completed. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Not Applicable. 3. Water a. Surface: Exhibit 8 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. A seasonal stream (DNR Type F) is located on the property in question and flows into a drainage channel, which is deposited into a stormwater storage basin where it infiltrates into the soil. The stream type and its route were identified in a 2015 Water Type Modification. The stream also appears as a riverine wetland on the National Wetland Inventory. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. This is a non -project action changing the future land use map. The site is currently undeveloped, and the application does not evaluate a specific future use. Any future changes will be reviewed under a separate SEPA process. 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected and the source of fill material. Not applicable. 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Not appliable. 5. Does the proposal lie within a 100-year floodplain? Yes. If so, note location on the site plan. Almost the entire property is located in the 100-year floodplain. This property was subject to a Letter of Map Revision in 2018 (LOMR 18-10-1264P), amending the Flood Insurance Rate Map in this location. As a result, most of the property is located in the floodplain, flood zones AE and AO. The flood zone designations that apply to the site are Zones AE and AO. 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Not applicable. b. Ground: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities known. Not applicable. 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Not applicable. c. Water runoff (including stormwater): 1. Describe the source of runoff (including stormwater) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. This is a non -project action changing the future land use map. The site is currently undeveloped, and the application does not evaluate a specific future use. Any future changes will Exhibit 8 be reviewed under a separate SEPA process. 2. Could waste materials enter ground or surface waters? If so, generally describe. Not applicable. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: This is a non -project action changing the future land use map. The site is currently undeveloped, and the application does not evaluate a specific future use. Any future changes will be reviewed under a separate SEPA process. 4. Plants a. Circle types of vegetation found on the site: 1. Deciduous tree: alder, maple, aspen, other 2. Evergreen tree: fir, cedar, pine, other 3. Shrubs 4. Grass 5. Pasture 6. Croporgrain 7. Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other 8. Water plants: water lily, eelgrass, milfoil, other 9. Other types of vegetation b. What kind and amount of vegetation will be removed or altered? None proposed c. List threatened or endangered species known to be on or near the site. None known d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Not appliable. 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: 1. Birds: hawk, heron, eagle, songbirds, other 2. Mammals: deer, bear, elk, beaver, other 3. Fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. None known. c. Is the site part off a migration route? Not applicable. If so, explain. d. Proposed measures to preserve or enhance wildlife, if any: Not applicable. 6. Energy and natural resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Not applicable. Exhibit 8 b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Not applicable. c. What kinds of energy conservation features are included in the plans of this proposal? List other measures to reduce or control energy impacts, if any: Not applicable. 7. Environmental health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. This is a non -project action changing the future land use map. The site is currently undeveloped, and the application does not evaluate a specific future use. Any future changes will be reviewed under a separate SEPA process. 1. Describe special emergency services that might be required. Not applicable. 2. Proposed measures to reduce or control environmental health hazards, if any: Not applicable. b. Noise 1. What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? The site is adjacent to a residential neighborhood and an arterial road. Future development may account for these noises in design. 2. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Not applicable. 3. Proposed measures to reduce or control noise impacts, if any: Not applicable. 8. Land and shoreline use a. What is the current use of the site and adjacent properties? The site is currently owned by the City of Spokane Valley and Spokane County. b. Has the site been used for agriculture? If so, describe. Unknown. c. Describe any structures on the site. There are no structures on site. d. Will any structures be demolished? No. If so, what? e. What is the current zoning classification of the site? Single -Family Residential (R-3) and Neighborhood Commercial (NC). f. What is the current comprehensive plan designation of the site? Single -Family Residential and Neighborhood Commercial. Exhibit 8 g. If applicable, what is the current shoreline master program designation of the site? Not applicable. h. Has any part of the site been classified as an "environmentally sensitive' area? If so, specify. The site is located in the 100-year floodplain and contains a seasonal stream onsite. I. Approximately how many people would reside or work in the completed project? None. j. Approximately how many people would the completed project displace? Not applicable. k. Proposed measures to avoid or reduce displacement impacts, if any: Not applicable. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans. If any: Not applicable. 9. Housing a. Approximately how many units would be provide, if any? Indicate whether high, middle, or low-income housing. Not applicable. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. Not applicable. c. Proposed measures to reduce or control housing impacts, if any: Not applicable. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas? What is the principal exterior building material(s) proposed? Not applicable. b. What views in the immediate vicinity would be altered or obstructed? Not applicable. c. Proposed measures to reduce or control aesthetic impacts, if any: Not applicable. 11. Light and glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Not applicable. b. Could light or glare from the finished project be a safety hazard or interfere with views? Not applicable. c. What existing off -site sources of light or glare may affect your proposal? Not applicable. d. Proposed measures to reduce or control light and glare impacts, if any: Not applicable. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? The nearest formal park is Plante's Ferry Park approximately 2 miles to the southwest. East Valley Middle School and East Valley High School are located 0.4 miles to the south and both provide recreation Exhibit 8 opportunities. b. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: This is a non -project action changing the future land use map. The site is currently undeveloped, and the application does not evaluate a specific future use. Any future changes will be reviewed under a separate SEPA process. 13. Historic and cultural preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? No. If so, generally describe. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Unknown. c. Proposed measures to reduce or control impacts, if any: Not applicable. 14. Transportation a. Identify public streets and highways serving the site and describe proposed access to the existing street system. Show on site plans, if any. The site is currently undeveloped. There are informal access points from N Forker Road and N Progress Road. b. Is site currently served by public transit? No. If not, what is the approximate distance to the nearest transit stop? The nearest transit stop is located 0.3 miles south at Progress and Wellesley. c. How many parking spaces would the completed project have? How many would the project eliminate? Not applicable. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? Not applicable. If so, generally describe (indicate whether public or private). While the land use change does not require improvements, future site development will improve access to new park space established on site. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Not applicable. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Not applicable. g. Proposed measures to reduce or control transportation impacts, if any: The city's adopted comprehensive plan adopts a level of service for transportation services. There are ongoing improvements to the transportation system in the vicinity, but these improvements were not due to future development of Exhibit 8 Spokane` jUalley the site in question. 15. Public services SEPA CHECKLIST a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? No. The city's adopted comprehensive plan adopts a level of service for public services. Future development will be analyzed under a separate SEPA process for impacts to those services. If so, generally describe. b. Proposed measures to reduce or control direct impacts on public services, if any. Not applicable. 16. Utilities a. Circle utilities currently available at the site: 1. Electricity 2. Natural gas 3. Water 4. Refuse service 5. Telephone 6. Sanitary sewer 7. Septic system 8. Other -describe While the site is undeveloped, it has access to a variety of utilities including water, sewer, refuse service, and electricity. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Not applicable. C. Signature The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: /d//� Date: Submitted: l D. Supplemental Sheet for Non -Project Actions (Do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent of the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Traffic generated from future park use on site causing increased vehicle emissions and discharge of vehicle pollutants to watercourses and Page 10 of 12 PL-22 V1.0 Exhibit 8 groundwater. a. Proposed measures to avoid or reduce such increases are: Development of the site would require pollutants from vehicles in storm runoff be treated in stormwater basins. Increase in vehicle emissions in the immediate vicinity generated by future use of the site would be mitigated by improved traffic circulation applied at development of the site. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Increase in human activity onsite. a. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Maintain water and drainage courses, preserve open spaces, and enhance vegetation with future landscape plans. 3. How would the proposal be likely to deplete energy or natural resources? Electricity used on site to power facilities on site. a. Proposed measures to protect or conserve energy and natural resources are: Limit hours of public use for the site during normal operations and implement seasonal restrictions for public use of site facilities (i.e. restrooms). 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Increase in human activity on site and development of the site for public access and recreation. a. Proposed measures to protect such resources or to avoid or reduce impacts are: Review of environmentally sensitive areas during future SEPA process and at time of site development. All development on site would be required to meet requirements for development in the floodplain, which includes a requirement for net loss in flood storage capacity. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Not applicable; no shoreline areas present. a. Proposed measures to avoid or reduce shoreline and land use impacts are: Not applicable. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Additional traffic generated from future park use on site. a. Proposed measures to reduce or respond to such demand(s) are: Review impacts to roadway level of service at time of site development. Necessary improvements to the adjacent transportation network would be made at time of site development to maintain levels of service and maintain vehicle circulation. Exhibit 8 Spokan�� �Ualley� SEPA CHECKLIST 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal will not conflict with any local, state, and federal laws or requirements for environmental protection. Future development of the site will be reviewed for compliance with all applicable laws and requirements. E. Signature I, the undersigned, swear under penalty of perjury that the above responses are made truthfully and to the best of my knowledge. I also understand that, should there be any willful misrepresentation or willful lack of full disclosure on my part, the agency may withdraw any Determination of Nonsignificance that it might issue in reliance upon this check list. Date: Please print or type: Levi Basinger Proponent: City of Spokane Valley Address: 10210 E Sprague Avenue Phone: (509) 720-5332 Signature:y '/ zlc Person completing form (if different from proponent): Name: Address: Phone: DISCLAIMER: By accepting this permit and proceeding with the work, the applicant/permittee and owner acknowledges and agrees that: 1) If this permit is for construction of or on a dwelling, the dwelling is/will be served by potable water. 2) Ownership of this City of Spokane Valley permit inures to the property owner. 3) The applicant/permittee is the property owner or has full permission and authority to represent the property owner in this project and carry out the work specified in the permit. 4) All construction is to be done in full compliance with the City of Spokane Valley Municipal Code. The applicable codes are available for review at the City of Spokane Valley Permit Center. 5) The applicant/permittee further declares that they are either: (A) a contractor currently registered and properly licensed in accordance with Chapter 18.27 RCW; (B) the registered or legal owner or authorized agent of the property for which I am applying for permit and not a licensed contractor; or (C) otherwise exempt from the requirements set forth in RCW 18.27.090 and will abide by all provisions and conditions of the exemption as stated. 6) The City of Spokane Valley permit is a permit to carry out the work as specified therein and is not a permit or approval for any violation of federal, state or local laws, codes or ordinances. 7) Compliance with all federal, state, and local laws shall be the sole responsibility of the applicant/permittee and property owner. 8) Plans or additional information may be required to be submitted and subsequently approved before this application can be processed. The City is not responsible for any code violation through the issuance of this permit. 9) Failure to request and obtain the necessary inspections and inspection approvals may necessitate stoppage of work and/or removal of certain parts of the construction at the applicant's/permittee's or property owner's expense. Page 12 of 12 PL-22 V1.0 Exhibit 9 Hearing Date Pursuant to Spokane Valley Municipal Code (SVMC) 17.80.120, Notice of Public Hearing, the Building & Planning Division is sending notice of a public hearing to all property owners within 400 feet of project number CPA-2023-01. The public hearing for this project is scheduled for Thursday, April 13, 2023 beginning at 6:00 p.m., or as soon thereafter as can be heard, in Room 109; Centerplace Regional Event Center; 2426 N Discovery Place, Spokane Valley, WA 99216. Meeting Details: The hearing will be conducted in person, with the option to attend remotely using web and telephone conference tools. A link to the Zoom meeting will be provided on the agenda and posted to the City's webpage: www.spokanevallev.org(planninecommission. Project Information Project Number: CPA-2023-01 Application A request to change land use designation and zoning for approximately Description: 23.86 acres Single Family Residential and Neighborhood Commercial to Parks/Open Space for parcels 46351.9143, 46352.9149, 46354.9150, and 46355.9151. Location: The property consists of four vacant parcels located between Bigelow Gulch Road, Forker Road, and Progress Road, Section 35, Township 26 North, Ran a 44 East, Willamette Meridian, Spokane County, Washington. Owner/Applicant: City of Spokane Valley Staff Contact: Levi Basinger, Planner, 10210 East Sprague Avenue, Spokane Valley, WA 99206; hone: 509 720-5332; email: Ibasi er s okanevalle .or Hearing Process and Appeals The Planning Commission will conduct the hearing pursuant to the rules of procedure adopted in SVMC Title 18 (Boards and Authorities). Any appeal of the Planning Commission's decision will be based on the record established before the Planning Commission, pursuant to SVMC 17.90 (Appeals). The Planning Commission will forward a recommendation on the request to the Spokane Valley City Council. Providing Comments The public is encouraged to provide comment in person at the hearing, or to submit written comments prior to the hearing by sending the comments to Levi Basinger, 10210 E Sprague Ave, Spokane Valley, WA 99206, or email to lbasineerna spokanevalley.org. Comments will need to be submitted no later than 4:00 PM on April 13, 2023 in order for them to be received and prepared for submission into the record. Comments received will be entered into the record at the time of the public participation portion of the Public Hearing. Comments received through US Mail will be included if they are received prior to the hearing. All interested persons may testify at the public hearing in person or via the zoom meeting address and/or phone number. Interested persons will need to sign up via ZOOM to speak no later than 4:00 p.m. on April 13, 2023 at the link provided in the agenda posted at the link referenced above. Use the link above to sign up for oral public comments. The link will direct you to directions to sign up for oral public comments. This is not an opportunity for questions or discussion. Remarks will be limited to three minutes per person. Written comments and documents may only be submitted prior to the hearing. Environmental Determination Pursuant to Title 21, Environmental Controls of the Spokane Valley Municipal Code (SVMC), the lead agency has determined that it does not have a probable significant adverse impact on the environment. A Exhibit 9 Determination of Non -Significance was issued under Washington Administrative Code (WAC) 197-11- 340(2) on December 9, 2022. The comment period for the determination ended December 27, 2022. Staff Report and Inspection of File A staff report will be available for inspection seven (7) calendar days before the hearing. The staff report and other associated documents may be inspected by searching under "Current Agenda" at this web address: www.spokanevalley.org/t)lanningcommission. If you have any questions, please contact Levi Basinger, Planner, Building & Planning Division, at (509) 720-5332 or Ibasinyer(asookanevalley.org. December 7. 2022 FRANK SOTo JR, FIRE CHIEF 2120 N. Wilbur Spokane Valley, WA 99206 (509) 928-1700 Main (509) 892-4125 Fax spokaneva I leyfi re.com Permit #: CPA-2023-0001 Project Address: West & South of Progress Road and East of Forker Road Project Description: Comprehensive Plan Amendment for 2023/SEPA — Environmental Checklist Levi Basinger 10210 E. Sprague Avenue Spokane Valley, WA 99206 RE: Technical Review Comments The Spokane Valley Fire Department has completed a review for the above referenced project and has no comments on the SEPA checklist. All specific Fire Department requirements shall be conditioned on associated commercial permits. If there are any questions, please do not hesitate to call Sincerely, Traci Harvey Fire Protection Engineer Spokane Valley Fire Department Exhibit 10 From: To: Subject: FW: SEPA Determination for 2023 Comprehensive Plan Amendments Date: Wednesday, December 7, 2022 12:31:09 PM Attachments: imaoe001.ioa Threshold Determination CPA-2023-01.odf Como Plan Amendment Map-adf SEPA Checklist CPA-2023-0001,odf [EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or clicking links. Good Afternoon Levi, There is no impact to the YPL pipeline and we do not have any questions. Sincerely, Chad M. Polak Agent, Real Estate Services 0: (+1) 303.376.43631 M: (+1) 720.245.4683 3960 East 56th Avenue I Commerce City, CO 80022 Phillips 66 From: Levi Basinger <Ibasinger@spokanevalley.org> Sent: Wednesday, December 7, 2022 12:04 PM To: Bart Sistek <bart_sistek@comcast.com>; Central Valley School District #356 <j rowel I @cvsd.org>; Centuryl-ink <Karen.Stoddard@centurylink.com>; Polak, Chad M <Chad.M.Polak@p66.com>; Chad Riggs <criggs@spokanevalley.org>; Chelsea Harris (Chelsea. Harris@PARKS.WA.GOV) <Chelsea.Harris@PARKS.WA.GOV>; Christina Janssen (City of Millwood) <planning@millwoodwa.us>; City of Liberty Lake <LKey@libertylakewa.gov>; Comcast <Ryan_Engles@comcast.com>; connor.lange@avistacorp.com; Consolidated Irrigation District #19 <consolidatedirrigation@comcast.net>; David Moore (David.J.Moore@usace.army.mil) <David.J.Moore@usace.army.miI>; Deborah Johnson <SEPA.reviewteam@doh.wa.gov>; DJELLIS@spokanesheriff.org; East Spokane Water District #1 <distl@comcast.net>; East Valley School District #361 <smithLO@evsd.org>; Felts Field - Ryan Sheehan <rsheehan@spokaneairports.net>; Hallie Ladd (hallie.ladd@ecy.wa.gov) <hallie.ladd@ecy.wa.gov>; Henry Allen <hallen@spokanevalley.org>; Hutchinson Irrigation District <hutchinsonidl6@gwestoffice.net>; Inland Power& Light<connien@inlandpower.com>; Irvin Water District <irvinwater@windwireless.net>; James Stuchell (james_stuchell@comcast.com) <james_stuchell@comcast.com>; Jamie Short Qaime.short@ecy.wa.gov) <jaime.short@ecy.wa.gov>; Jason Beesley (jbeesley@modernelectricwater.com) <jbeesley@ modern electricwater.com>; Jazdzyk, Eric (Parks) <Eric.Jazdzyk@PARKS.WA.GOV>; Jeney Jr., Dennis <dennis.jeneyjr@fema.dhs.gov>; Jenny Nickerson <jnickerson@spokanevalley.org>; Jerremy Clark <jclark @spokanevalley.org>; jfields@verawaterandpower.com; John Bottelli <jbottelli@spokanevalley.org>; Jordan, Dale J (Jess) NWS <Dale.J.Jordan@usace.army.mil>; Kelly Williquette <kwilliquette@scwd3.org>; Lara Gricar <Lara.Gricar@Parks.wa.gov>; Limon, Tara <tlimon@spokanetransit.com>; Louis Acosta <lacosta@spokanesheriff.org>; Lynn Schmidt (Lyns461@ecy.wa.gov) <Lyns461@ecy.wa.gov>; Marty Exhibit 10 To Ibasinger@spokanevalley.org From: Dawn Dompier Date: 12/12/2022 Subject: CPA-2023-01 Project Name: 2023 Comprehensive Plan Amendments Stage: DNS Description: Change land use from SFR to Parks/Open Space Site Address: The Spokane County Public Works Wastewater FA01 System Division has no objection to the finalization of the above mentioned project. If your project requires a sewer plan submittal, please refer to the requirements here: • Development Plan Review Checklist Additional General Commercial Sewer information can be found here: • General Commercial Sewer Info I Water Usage Estimate Form Sewer Planning and Design webpage • Sewer Planning & Design Exhibit 11 From: Innachka Goleta To: Levi Basinger Subject: Project# CPA-2023-01 Date: Saturday, April 1, 2023 7:50:39 PM [EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or clicking links. Hello, I am writing in regards to the project # CPA-2023-01 in favor of changing the land use from Single Family Residential and Neighborhood Commercial to Parks/Open Space. The four vacant parcels are home to many species of birds and other wildlife. American Goldfinches, House Finches, Dark -Eyed Juncos, Song Sparrows, Northern Flickers, Red-tailed Hawks, and the Great Horned Owls are just a few of the many birds that call the vacant parcels "home." I believe that wildlife should be preserved in any and every way possible. Creating a Park/Open Space instead of new developments would ensure that the wildlife will not be forced to move elsewhere. The park should be planned in a way that benefits the community and the wildlife as well; perhaps even sectioning off parcel 46355.9151 and parcel 46352.9149 as natural areas for wildlife. Sidewalks and paved pathways would make bicycle riding and walking more safe and enjoyable. In conclusion, I am FOR the parcels to be Park/Open Space parcels. Thank you for your consideration. Inna Goleta Exhibit 11 Levi Basinger From: Christine Beirouty <cbeirouty@gmail.com> Sent: Thursday, April 6, 2023 11:18 AM To: Levi Basinger Subject: RE: Project Number CPA-2023-01 [EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or clicking links. Good Morning I am one of the homeowners in the new development next to the proposed project area. Last year, when we selected our lot for our new build, we were told by the builders that nobody would be able to build behind us - and that is the main reason we chose the lot that we did. My mother in law spoke to one of our neighbors today to which the neighbor said she was told the exact same thing - and I am certain we have more neighbors who were told the same thing. We do NOT want any homes built behind us - and the area itself doesn't seem to make sense to build homes. It's too close to Bigelow/Forker and too close to the power lines. New homes don't need to fill up every single empty space. LEAVE IT ALONE. Thankyou Christine Exhibit 11 From: Sue Brun To: Levi Basinaer Subject: Project CPA-2023-01 application to change Date: Thursday, April 13, 2023 2:51:20 PM [EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or clicking links. Proposed zoning change to park I'm all for a natural park on my back fence. This is a good location and since it is really wet in the fields there .... there might be some nice birds that will make it their habitats if some of the marshy parts are left. Thank you spokane valley for giving wildlife a place and humans to be able to share and learn with the changing community. Susan Brunemeier 14717 E Caprio. 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