2012, 05-08 Regular Meeting Minutes MINUTES
City of Spokane Valley
City Council Regular Meetings
Formal Meeting Format
Tuesday,May 8,2012
Mayor Towey called the meeting to order at 6:00 p.m.
Attendance: City Staff
Torn Towey, Mayor Mike Jackson, City Manager
Gary Schimmels,Deputy Mayor Cary Driskell, City Attorney
Dean Grafos, Councilmember Mark Calhoun,Finance Director
Brenda Grassel, Councihmember John Hohman, Community Dev, Director
Chuck Hafner, Councilmember Mike Stone,Parks&Recreation Director
Ben Wick, Councilmember Mike Basinger, Senior Planner
Arne Woodard, Councilmember Christina Janssen,Assistant Planner
Morgan Koudelka, Sr.Administrative Analyst
Carrie Koudelka,Deputy City Clerk
INVOCATION: In the absence of Pastor Steve Williams,Mayor Towey asked for a moment of silence.
PLEDGE OF ALLEGIANCE: Mayor Towey led the Pledge of Allegiance.
ROLL CALL: Deputy City Clerk Koudelka called the roll; all Councilmembers were present.
APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously
agreed to approve the agenda.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: N/A
COMMITTEE,BOARD,LIAISON SUMMARY REPORTS:
Councilmember Woodard: attended the Chamber Board of Directors meeting at Valley Hospital where he
explained who the Economic Development committee members are and who the Council contacts are. He
also attended the Chamber Government Action committee meeting where Commissioner Mark Richard
talked about a couple issues and why he is not running for County Commissioner again. He also attended
the Planning Commission special meeting and went to the Law Officers Memorial meeting where three
officers were memorialized.
Councilmember Wick: attended SNAP meetings and Planning Commission meetings.
Councilmember Grafos: attended the State of the City address at Spokane Valley Mall, the Labor Council
ceremony for the state of Washington, the Growth Management Steering committee and reported it is
moving ahead on the UGA updates. He also attended a portion of the Planning Commission meeting.
Deputy Mayor Schimmels: attended a Solid Waste Task Force meeting and he reported they are working
to get information to hire a consultant. He also attended a Spokane Transit committee meeting.
Councilmember Grassel: didn't have any board meetings but she attended the State of the City Address
at Spokane Valley Mall and the Washington Police Memorial that was attended by many elected officials.
Councilmember Hafner: attended the Spokane Transit Authority(STA) Operation committee meeting and
toured the STA facility. He attended the Valley Chamber meeting where Commissioner Mark Richard
spoke about a few areas of concern that he said he hopes to take care of prior to leaving office. He also
attended the Planning Commission meeting, the State of the City Address at Spokane Valley Mall and
said he was pleased that it was well attended. He gave a proclamation relative to the Labor Union and
attended the Growth Management Act meeting and said next week they will get involved with individual
requests and make recommendations to the County Commissioners who will make the final decision.
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MAYOR'S REPORT: Mayor Towey said he attended the Government Action committee meeting, the
opening of Junior Livestock at the Fairgrounds and he said this was the 77th year of this event and they
had over 600 exhibitors. He attended the AWC State and Federal Policy committee meeting in Seattle
made up of mayors and council members throughout Washington to work on a document outlining issues
important to cities that is the basis for proposals for the next legislative session. He said they should
complete the final document sometime next week. He also attended the Special Olympics opening
ceremonies for the eastern regional games and reported that the top athletes will move on to the state
games. He said he is one of a group of thirteen individuals who will early the torch from the Idaho state
line to Seattle. He also went to the Planning Commission meeting, the Law Enforcement Appreciation
Breakfast as well as the Law Enforcement ceremony at the Courthouse.
PUBLIC COMMENTS: Mayor Towey invited public comments; no comments were offered.
1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any
member of Council may ask that an item be removed from the Consent Agenda to be considered
separately.
a.Approval of the following claim vouchers:
VOUCHER LIST DATE VOUCHER NUMBERS; TOTAL AMOUNT
04/24/2012 25771-25801 $438,393.47
05/01/2012 25802-25834(-25803 and 25815) $125,479.37
GRAND TOTAL $563,872.84
b.Approval of Payroll for period ending April 30: $384,262.42
c. Approval of Minutes of April 17,2012 Study Session Format Council Meeting
d. Approval of Minutes of April 19, 2012 Joint Spokane Valley/Spokane City Council Meeting
e.Approval of Minutes of April 24, 2012 Formal Format Council Meeting
f.Approval of Minutes of May 1,2012 Study Session Format Council Meeting
It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent
agenda.
NEW BUSINESS:
2.First Reading Proposed Ordinance 12-014 Amending Comp Plan—Mike Basinger
After Deputy City Clerk Koudelka read the ordinance title, it was moved by Deputy Mayor Schimmels
and seconded to advance Ordinance 12-014 to a second reading. Senior Planner Basinger said we
received seven site-specific map amendments for this year and introduced Assistant Planner Janssen to
provide an overview of the first four proposed amendments.
CPA-01-12: Ms. Janssen explained this is a privately initiated map amendment to change from Low
Density Residential to High Density Residential and a zone change to MF-2 as recommended by the
Planning Commission. She said the property is Iocated at Holland Avenue and Collins Road and the
current zoning is R-3. She invited questions from Council;no questions or comments.
CPA-02-12: Ms. Janssen said this is also a privately initiated map amendment to change from Low
Density Residential to Mixed Use Center and a zone change to Mixed Use Center as recommended by the
Planning Commission. She said the property is located just west of the corner of Flora Road and Mission
Avenue and is currently zoned R-3. She invited questions from Council; no questions or comments.
CPA-04-12: She said this is a privately initiated map amendment to change Low Density Residential to
Neighborhood Commercial as recommended by the Planning Commission. She said this property is
located on Broadway Avenue and Park Road and currently zoned as R-3. She invited questions from
Council. Councilmember Grasse] asked if the property across the street is a school. Assistant Planner
Janssen pointed out that Centennial Middle School playfields are not directly across the street, but are
actually west of Park Road Pool.
CPA-06-12: Ms. Janssen said this is a privately initiated map amendment to change Low Density
Residential to Office with a zoning change to Garden Office as recommended by the Planning
Commission. She said the property is located north of Broadway Avenue on Vercler and southeast of
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Valley Hospital and is currently zoned R-3. She invited questions from Council; no questions or
comments.
Senior Planner Basinger said the remaining site-specific amendments are located between Conklin Road
and Sullivan Road south of Broadway and gave a brief overview of each.
CPA-03-12: Mr. Basinger said this is a privately initiated map amendment to change the Comprehensive
Plan designation from Office to Community Commercial and a zone change to Community Commercial
as recommended by the Planning Commission. He said the property is generally located on Broadway
Avenue east of Moore Road and currently zoned Garden Office. He invited questions from Council; no
questions or comments,
CPA-05-12: Mr. Basinger said this is a privately initiated map amendment to change from Medium
Density Residential to High Density Residential. The Planning Commission recommends the change to
High Density Residential and zone MF-2 with a development agreement to mitigate the impact to
adjacent single-family uses. He said the property is generally located south of Broadway Avenue and
west of Conklin Road and currently designated Low Density Residential and Medium Density
Residential, and zoned R-3 and ME-1. He invited questions from Council. Mayor Towey asked what the
difference is between medium and high density residential. To help answer the question, Mr. Basinger
discussed the history of the property. He said the property owners bought the property to develop as
affordable housing and the City included a provision to allow the twelve units per acre in medium density
and a density bonus that increases it up to twenty-two units per acre, which is high density residential.
The owners worked to get financing for affordable housing with the density bonus but were unable to get
that financing. The owners came back during this round of amendments asking for high density
residential of twenty-two units per acre. Councilmember Grafos said the zoning they requested would be
the same as they would be entitled to if they were building affordable housing. Mr. Basinger confirmed
that if they were developing affordable housing they would be able to get density bonuses that could
achieve the zoning for which they are asking. Councilmember Woodard asked for the maximum unit per
acre regardless of development type. Mr. Basinger said twelve units per acre without the density bonus.
Councilmember Woodard asked if the difference between ME-1 and ME-2 is double. Mr. Basinger said it
would essentially allow them to double the density.
Councilmember Hafner asked Mr. Basinger to explain the conditions of the development agreement the
Planning Commission recommended, Mr, Basinger referenced the Planning Commission March 8
minutes, Tab 5 of their yellow book. He said, "The Planning Commission made a motion to amend the
original motion that recommended that parcel#45133.0109. be changed to Community Commercial."He
said another recommendation of the Planning Commission was "The successful negotiation of the
development agreement that includes an expanded landscape buffer between the proposed development
and the adjacent residences on Moore, Alki and Senora Street and appropriate restrictions on density and
height to better blend the two neighborhoods." Mr. Basinger said his belief is the Planning Commission
wanted an extra buffer around the perimeter of the development. He said development agreements require
the City negotiate the agreement in conjunction with the Comp. Plan amendments at Council's discretion.
Councilmember Woodard asked if this is when Council should consider school capacity,traffic, and other
improvements needed to accommodate development. Senior Planner Basinger said they are only looking
at the designation change at this stage and said there are provisions in the code and state mandates for
traffic concutrency and they would need to make improvements if that is a mitigated impact. He said at
this stage we can't determine where growth will occur. Councilmember Hafner asked if his question was
answered regarding the development agreement and if this is passed to a second reading if that means
Council approves whatever the development agreement states. Mr. Basinger said they could forward this
to a second reading with the idea of entering into a development agreement or they could forward it to a
second reading with the idea that our existing provisions are adequate to buffer High Density Residential
to Low Density Residential. He said they would have to pull that development agreement out to work on
it and that all the Comp Plan amendments have to be heard at the same time. He said the staff report
included gives staff's recommendation to change to High Density Residential without the development
agreement.
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Mayor Towey said if they want to change this amendment, Council would have to amend the motion to
set aside this amendment for further development agreement consideration and then bring it back. City
Attorney Driskell said it has been the practice of the City and is consistent with state law to pull a
particular CPA out of the group as it has met the state requirement of being considered as a group,but we
can act on one amendment as a separate motion if needed. He said if Council is considering a
development agreement they should not move this CPA forward to a second reading until they have more
information,but it will still go through two readings.
Councilmember Grassel asked what the Planning Commission was hoping the development agreement
would state. Mr. Basinger said he thinks they wanted additional buffering between the high density
residential development and the surrounding low density developments and that how that is accomplished
would be up to Council. Mr. Basinger said he advised the Planning Commission that the current code
requirements have been used for many years to buffer the two uses. Councilmember Hafner said he
recommends they go with what has been done in the past and in accordance with our requirements.
Councilmember Grafos asked if the current motion is to approve the CPA with a development agreement.
Mayor Towey said the motion is to advance the CPA without a development agreement.
Councilmember Woodard asked the number of stories and setback allowed in MF-2. Mr. Basinger said
MF-2 allows a fifty foot height, with no mention of number of stories, and a fifteen foot setback for front
and flanking streets and five feet for side yards with five feet of landscaping and a six foot high sight
obscuring fence. Mr. Woodard said a six foot sight obscuring fence does not screen from the second or
third floors of a building.
Councilmember Grafos said the height restriction in MF-1 is forty-three feet so there is a difference of
just seven feet. Mr. Basinger said he believes the height restriction in MF-1 is closer to forty feet.
Councilmember Grassel asked about road requirements and said this development looks like it has one
exit, Mr. Basinger said the property owner intends primary access to be off Broadway but there could be
access off Conklin or any other side street. He said they will have to meet transportation concurrency and
they may need to make improvements based on a traffic study provided to the City by the developer.
CPA-07-12: Mr. Basinger said this is a privately initiated map amendment change from Office to
Community Commercial and a zone change to Community Commercial as recommended by the Planning
Commission. He said the property is generally located on Broadway Avenue, west of Moore Road and
east of Sullivan Road, it is currently designated Office and there are several property owners submitting
the amendment under one application.He invited questions from Council; no questions or continents.
CPA-08-12: Mr. Basinger said this is a City initiated text amendment to Chapter 2: Land Use, updating
population estimates, Figure 2.1 Land Use by Comp. Plan category, revising potential annexation area
language and updating Map 2.1 to reflect approved changes.
CPA-09-12: Mr. Basinger said this is a City initiated text amendment proposing changes to Chapter 3:
Transportation, deleting the non-motorized component, referencing Chapter 11: Bike and Pedestrian
Master Plan, and updating Map 3.1.
CPA-10-12: Mr. Basinger said this is a City initiated text amendment proposing changes to Chapter 4:
Capital Facilities and Public Services, updating the six year TIP, population projections in Table 4.4,
facility and service data in Tables 4.6, 4.11,4.13, 4.15, 4.17 and in the six year sewer CIF.
CPA-11-12: Mr. Basinger said this is a City initiated text amendment proposing changes to Chapter 7:
Economic Development, updating the entire chapter and Map 7.1 and including economic goals and
policies for forecasted conditions. He invited questions from Council; no further questions. Mayor Towey
invited public comment:
Dwight Hume - 9101 N.Mountain View Lane, Spokane 99218: gave a letter to Council to discuss CPA-
05-12, the Arger apartments and the CPA on Vercler near the hospital. He said renters occupy that
residence and the owner is in a nursing home and he represents the owner through the daughter who has
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power of attorney.He said the intent is to go to Garden Office and allow for additional inventory near the
hospital for future office or medical facility use. With regard to the apartment project, he said it has the
capability of having 240 dwelling units, at two people per unit that comes to 480 people. He said the City
is obligated to put 1600 new people in the city within the next twenty years and if we don't do it in high
density on ten acres but instead do it in single family homes with six units per acre, it would take
approximately thirty-eight acres to accommodate that growth. He said this project saves the City money
because there are no additional costs for roads and infrastructure and it meets the requirements of the
Comp. Plan for goals and policies. He said regarding the development agreement, testimony showed a
concern by neighbors as to the encroachment and bulk and height but he said this project with parking on
the perimeter places buildings further from the property line and creates a buffer and so he said the
current standards are adequate.
Greg Arger -300 N. Mullan Road: said he is the property owner of the proposed project relating to CPA-
05-12 and he has been a commercial developer in Spokane for thirty years. He said his company owns
and operates all their projects and considered a leader with their site designs and state of the art facilities.
He said originally they designed the project for HUD affordable housing consisting of about 192 units
including the bonus density. They submitted for a tax-free bond for funding but were not able to achieve
so they proceeded to design a luxury project requiring an MF-2 designation. He said the location supports
higher density and they purchased an adjacent parcel on Broadway Avenue to make an additional
entrance so it would not be necessary to enter the project from the neighborhood side streets. He said the
project location is close to shopping,jobs, I-90, Sprague and Sullivan, and he said this site is considered
an A site for developing.He said he would like to proceed to do the project this year.
Cheryl MeManamon - 504 N. Conklin: said she lives across the street from the project and has seen
development such as Kohls, Lowes and Walmart that has increased the traffic in front of her house. She
said she has to lock her doors because of the increase in crime in the area because of what she said she
assumes to be the development of apartments down the street and she is not looking forward to more
apartments across the street. She said there are no streetlights on Conklin to deter crime in the area and
there are still deer and wildlife in the area that are hit by cars and she doesn't know where wildlife will go
when the development comes in. She said she doesn't understand why big development is coming into the
middle of a residential neighborhood and development is encroaching all around.
Jan Wold - 503 N. Conklin Rd: said she doesn't want an apartment building there and said she lives on
the same side of the street as the project and residents will be looking into her back yard. She said in the
project they made provisions for Moore and other streets but made no provisions for Conklin. She said
houses on Broadway and Conklin will be affected by noise and lights and said it was asked at a previous
meeting why custom-built homes couldn't be developed in that area rather than apartments. She said the
neighborhood is a combination of old and young people and farm animals are still allowed there. Cars and
school buses speed down Valleyway and Conklin and she said it is scary and not safe to walk. She says
traffic will likely use Conklin to leave the project property and that means at least 400 extra cars and that
affects all the people around there. She said they have invested their lives in their homes and it hurts their
investment.
Linda Rockhold-423 N. Conklin: said she agrees with her neighbors and she doesn't want a tall building
behind her but another concern is that if traffic picks up they will have to upgrade Conklin Road. She said
their front yards are not very deep so if Conklin is widened and turn lanes installed, they will not have any
front yards. She said nobody wants to buy a property with a street right up to the front porch. She said her
house is a big part of her retirement investment and she has invested thirty to fifty years there. She said
traffic went from approximately 150 to 900 cars per day with the development of Walmart and Lowes.
Councilmember Woodard said everybody has property rights to protect, both the current residents and the
project property owners and he said he understands the investment of both. He said he doesn't know how
he will vote on it but the highest and best use should probably rule, but doesn't always. Councilmember
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Grafos disclosed that the Arger's contributed to his campaign but the issue is what is reasonable for the
neighborhood and he said he agrees with staff and that the buffer going from MF-1 to MF-2 is sufficient.
He said he sympathizes with the homeowners on Conklin because that road will be expanded and he said
he hopes added bike lanes and sidewalks will be an upgrade to homeowners. He said he thinks a
developer agreement is a detriment to the project, Councilmember Grassel said moving forward to a
second reading provides another opportunity for input from neighbors at the public testimony and she
asked if Council would still have the option to consider a developers agreement at that time. City
Manager Jackson said they would still have that option. Vote by acclamation: In Favor: Mayor Towey,
Deputy Mayor Schimmels, Coimcilmembers Grafos, Grassel, Hafiie3' and Wick. Opposed:
Councilmember Woodard. Motion carried. City Attorney Driskell said in moving forward and with
Council approval, staff will include and identify Council findings stating that existing development
regulations relating to building height, setback, fencing and current zoning elements are sufficient so
Council will see a minor revision in the draft ordinance when it comes back for a second reading. No
objections from Council,
Mayor Towey called for a recess at 7:40 p.m. and reconvened the meeting at 7:55 p.m.
3. First Reading Proposed Ordinance 12-015,Zoning Map Amendments—Mike Basinger
After Deputy City Clerk Koudelka read the ordinance title it was moved by Deputy Mayor Schimmels and
seconded to advance Ordinance 12-015 to a second reading, Senior Planner Basinger said this ordinance
takes the site-specific map amendments that are changing the Comprehensive Plan designations and
implements them into the zoning map so both are consistent. Mayor Towey invited public comment; no
comments offered. Vote by acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels,
Councilmembers Grafos, Grassel, Hafrrer and Wick. Opposed: Councilmember Woodard. Motion
carried.
4. Motion Consideration: Justice Assistance Grant(JAG)—Morgan Koudelka
It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager to submit the
2012 Justice Assistance Grant Application. Senior Administrative Analyst Koudelka explained
the JAG is an annual grant awarded by the Department of justice and this year's Spokane Valley
allocation is $24,328. He said the grant is for criminal justice and we rely on the recommendations of
Police Chief VanLeuven to identify appropriate expenditures which this year have been identified as
mobile data computers at $23,381,32 and office chairs at $946.68. He said it does not require a City
match of funds and if authorized by Council tonight, he will have the application submitted immediately
thereafter. Mayor Towey invited public comment; no comments offered. Vote by acclamation: In Favor:
Unanimous. Opposed. None. Motion carried
PUBLIC COMMENTS: Mayor Towey invited public comment; no comments offered.
ADMINISTRATIVE REPORTS:
5.Animal Control—Mike Jackson/Morgan Koudelka
Senior Administrative Analyst Koudelka said Council expressed the desire to look into SpokAnimal as an
option for providing animal control services. He said he and City Manager Jackson visited SpokAnimal
and met with Director Gail Mackey for preliminary information. He said he does not have a full
comparison to SCRAPS but a report expressing SpokAnimal's desire to provide animal control services
to Spokane Valley. He said SCRAPS provides services to several jurisdictions in the County and have
identified that a new facility is necessary and they hope to vacate their current facility by 2013, He said
they hope to finance the cost of a new facility at $4.5 million through existing revenue sources and with
City of Spokane's participation, He said SpokAnimal is a nonprofit organization that has operated for
twenty-nine years offering services to Spokane for most of that time. He said SpokAnimal indicated they
have the capacity to provide services to Spokane Valley and will respond to an RFP if that is Council's
desire and they will provide any other information requested. He said they don't foresee any expansions
in the future and they do plan to stay in the animal care business as a provider of humane services for
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animals regardless of whether they are providing animal control services. He said they are located at 710
N. Napa in Spokane, ten miles from City Hall. He said they recently acquired an adjacent property that
includes an event center and Comcast provided them with new kennels, they have a full on-site clinic and
they utilize 400 volunteers and inmates to provide some of their services. Councilmember Woodard asked
how many kennels SpokAnimaI has.Mr.Koudelka said they have fifty-two cat and fifty-two dog kennels.
Mr. Koudelka then explained the capital costs for Spokane Valley for the cost of a new facility and the
operating costs under the options for SCRAPS. He said Option 1 is joint ownership with the County and
potentially the City of Spokane and our annual capital cost would be $66,900 and our share of the total
cost is 22.3 percent. He said Option 2 is County ownership where the building cost is amortized over fifty
years and the improvement costs are amortized over twenty years so our annual cost for years 1-20 would
be $50,580 and for years 21-50 would be $10,648. Mayor Towey asked if the costs are realistic. Mr.
Koudelka said the County has indicated a ceiling of$4.5 million and the properties they are looking at are
subject to negotiation, but his understanding is this is the high end and the numbers could go down. He
said Option 3 is County ownership where the County pays for half of the building cost and splits the
remaining building cost between Spokane County, Spokane, and Spokane Valley amortized over fifty
years at a cost to Spokane Valley of 22.3 percent of half of the building cost and our share of
improvement costs amortized over twenty years. He said our annual capital costs for years 1-20 would be
just over $45,000 and for years 21-50 just over $5,000. He said Option 4a and 4b are City ownership,
with 4a amortizing the cost over twenty years and 4b paying $4,5 million upfront. Mr. Koudelka said
Council should draw their own conclusions,but said Option 3 is a financially favorable option for us.
Mayor Towey asked if these options are assuming that the City of Spokane participates. Mr. Koudelka
said that is correct. He said that our costs for animal control have been going down the last four years by
about 4 percent and overall numbers are decreasing due to public education and spay and neuter vouchers.
He said SCRAPS and SpokAnimal are both making efforts to reduce the feral cat population. He said the
projected annual operating costs under Option 3 would be just over $242,000 and annual capital costs of
$45,000 taking the total to just over $287,000 annually for years 1-20. He said the County is projecting
estimates based on participation of Spokane in a regional plan and if they pull out, we would need to step
back and recalculate the numbers and the County would likely do new site searches. Councilmember
Grafos asked if Spokane uses SpokAnimal or SCRAPS. Mr. Koudelka said they use SpokAnimal.
Councilmember Grafos asked why Spokane would be interested in going with SCRAPS and asked what
our costs would be with SpokAnimal based on our usage. Mr. Koudelka said we don't know what our
costs would be with SpokAnimal, he said he has run the numbers but is hesitant to throw out numbers
when we haven't identified a level of service or additional economies of scale and that hasn't been
provided by SpokAnimal. Councilmember Grafos said he wants to know the numbers. City Manager
Jackson said we have looked at the numbers, but we need to qualify the numbers with the level of service
and we will do that if it is the desire of Council. Councilmember Woodard asked if SpokAnimal has the
same authority as the SCRAPS officers who enforce animal control ordinances. Mr. Koudelka said
SRAPS officers go to two-week training provided through the state. He said they have some law
enforcement capabilities allowing them to issue misdemeanor violations and they are designated a
commissioned deputy with limited law enforcement capabilities. He said they don't know what
SpokAnimal officers are fully able to do and that would be part of the information we need to gather, but
they go to a 40-hour training provided by the Spokane Police Department. City Manager Jackson said he
met with Commissioner Mielke who said they are willing to negotiate a fixed rate rather than a rate that
has a settle and adjust each year. Councilmember Grassel asked why there are two entities. Mr. Koudelka
said SpokAnimal started as a humane service provider, not at the impetus of Spokane, and that they did
not originally intend to get into animal control service but did soon thereafter providing that service to the
City of Spokane. He said the County decided to provide the services internally. He confirmed that
SCRAPS is a government-run office and SpokAnimal is a non-profit agency. Councilmember Grassel
said she wants to tour the SpokAnimal facility and have staff look at doing our own RFP, doing an RFP
jointly with Spokane, and to look at the possibility of combining the two entities to reduce cost. Mr.
Koudelka said the joint entity idea was addressed with the ballot measure and his understanding is the
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board of SpokAnimal was not interested in operating jointly because their main goal and primary function
is providing humane service outside of animal control. He said they are interested in providing animal
control service long term if we are interested, but they feel with their available space and
accommodations it doesn't make sense for them to join force with a public entity. He said they think there
is enough space available to handle animals in all of Spokane County and he thinks SpokAnimal is not
interested in a new facility. He said SpokAnimal recognizes SCRAPS as doing a good job and a good
provider of services, but they don't understand why SCRAPS is pursuing a new facility when
SpokAnimal believes there are already enough accommodations for animals in the community. Mr.
Koudelka said the County has said that staying in their current facility is not an option even if Spokane
pulls out because of all the requirements necessary to stay in their current location they don't think it
warrants the investment. Councilmember Hafner asked what SpokAnimal would do for business without
Spokane. Mr. Koudelka explained that animal control is not the only service that SpokAnimal provides
and again said their primary function is as a humane provider just like the Humane Society that exists.
They have a vet clinic that serves low-income people and they have a very strong adoption campaign
where they send animals to different agencies throughout the state to help the animals find a home.
SpokAnimal has stated that losing Spokane would not be a detriment to their business, they have
donations and other sources of revenue to keep them operating if Spokane chooses to leave.
Mayor Towey said the question is whether to continue to focus on SCRAPS or to seek other options. He
said he doesn't think we can make a decision at this time without the numbers and said he thinks we need
to wait to see what Spokane does because we can't compare costs without knowing what Spokane is
doing. Councilmember Woodard said he agrees with the Mayor and asked Mr. Jackson if we can even go
to the two entities and know what to put in the RFQ. Mr. Jackson said the County wouldn't necessarily
respond to an RFP but would give us their information. He said he spoke with Gerry Gemmill at the City
of Spokane who said he could talk to their Council for approval to work jointly on an RFP as an option,
He said both entities would determine the qualifications and levels of service for both SCRAPS and
SpokAnimal.He said that process would take at least a couple of months. Councilmember Hafner said he
would like to get numbers from SpokAnimal because we can get that information now. Councilmember
Grafos said the starting point is determining the level of service and then compare the two.
Councilmember Wick asked if the County has a "Plan B" should this other fall through and if we can ask
Commissioner Mielke to share that plan with us. Mr. Jackson said it has been discussed and if Spokane
doesn't participate, the County will start over and look at the size of the facility and other aspects.
Mr. Jackson asked if it is the direction of Council for staff to research both options. He said we can also
ask the County to provide a draft interlocal agreement as has been provided to Spokane. No objection
from Council. Mr. Koudelka said that there are other things to consider beyond the financial aspect such
as levels of service received and perceived, the ability to provide the service over time, and interactions
between jurisdictions. He recommends that as we go forward, Council consider holding a public hearing
for dialogue with all interested parties.
6.Advance Agenda—Mayor Towey:
City Manager Jackson said he would like to move the stormwater projects for next week to pending, but
give an update now. He said public works has completed the surveys on the swales from Park to the
interchange and once we get the costs from a landscape architect we can determine how great the cost is.
We won't receive a grant from the Department of Ecology until the end of June so we won't be
reimbursed for money spent prior to that but depending on the cost,we may want to move forward due to
a time issue. He said he will come back to Council with that information. He said they are considering
adding the Appleway swales to the same contract. Mr. Grafos asked if he anticipates a problem getting
the stormwater projects completed this year. Mr. Jackson said it depends on whether they move ahead
using City funds that can't be recovered. He said it will be tight, but we are moving forward with the
intent to complete then.
Councilmember Grasse] asked if it is possible to have one of the Planning Commissioners attend the
meeting on May 22nd for the second reading of the Comp. Plan amendments to help answer some
Council Regular Meeting 05-08-2012 Page 8 of 9
Approved by Council:05-22-2012
questions. She said she was disappointed with the meeting notes and thought they were slim as far as the
dialogue that took place. Mr. Jackson said the best practice is to have a joint work session with the
Council and the Commission and we will do a better job taking minutes. He said ideally the minutes of
the Planning Commission and an explanation by staff is the best practice. He said as a practice, Council
should maintain autonomy with the Commission so they feel free to make a decision that may be
inconsistent with the Planning Commission recommendations. Mr. Jackson said he will provide a
transcript of the notes. Mayor Towey asked that if there is a split vote, a summary of the negative vote be
provided in the minutes.Mr. Jackson said we can do that.
Councilmember Grafos asked that we separate street preservation projects from street maintenance
projects. He said our contract with Poe is a maintenance contract and asked at what point projects go to
bid for other contractors. Mr. Jackson said there are some large preservation projects included in the Poe
contract that was approved by Council. He said the money spent on Dishman and University used the
money from the street fund that is part of the Poe contract. Staff will bring a list of projects to Council to
discuss the projects to use the additional money that Council set aside for preservation and those projects
will go to bid. He said as they draft the budget for 2013, they are considering creating a separate
preservation fund to see how we spend the money and measure the impact to see how successful we are in
meeting our street preservation goals. Mr. Jackson said with regard to street preservation, staff is working
on signs to put at each preservation project that states "Spokane Valley Street Preservation Project, Your
Tax Dollars at Work"or something in that regard so citizens can see the work that they are paying for.
Councilmember Woodard asked why ADA ramps were replaced on the University Road project but not
on Appleway, which were both preservation projects. Mr. Jackson said we don't necessarily upgrade
every ADA ramp. He said we evaluate the ramps and consider if they are no longer in compliance with
ADA rules.He said we can bring information back for discussion as to how that is determined.
INFORMATION ONLY:N/A
CITY MANAGER COMMENTS: N/A
It was moved by Deputy Mayor Schirrrmels, seconded and unanimously agreed to adjourn. The meeting
adjourned at 8:53 p.m. .
ATTEST. Thomas E. Towey, Mayor
--f;
`Christine Bainbridge, City CIerk
g � t3'
Council Regular Meeting 05-08-2012 Page 9 of 9
Approved by Council:05-22-2012
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Dear€o ission
When the city wanted to let Walmart, Lowes & Kohls in on Broadway everyone
went to the meeting and voiced their opinions and reasons for not allowing it.
That was on property unused, with no houses encircling it, so I can see why that
was put through. After the Planning Commissioners listened to all of our
suggestions and complaints, the one commissioner made the statement that
putting in this apartment building is "a natural progression'considering we
already have the big box stores already here". We were highly offended to think
how it was forced on us as this apartment building is also. If you look at the map
you will notice that our neighborhood is still a neighborhood with houses and
duplexes. Our City Commissioners are gradually taking that away from us. Why
can't this property be put into houses or duplexes to comply with the
neighborhood?
We ride dirt bikes in the field adjoining this 10.64 acres. How will the renters in
the apartment building respond to that and all the animals around them? Will we
also be made to get rid of them? These apts. will be looking right into all of our
backyards on Conklin as well as Moore & Valleyway taking away our privacy. The
man proposing this apt. bldg. made it known that he did not feel that he needed
to put barriers around the bldg. giving us privacy from noise, lights, etc. There
are four apartment buildings already in this area with many vacancies. Progress
& Greenacres schools are overflowing and unable to handle more students.
These are serious matters? Everyone suggested maybe building duplexes or
houses which wouldn't be taking our privacy away. It would be less invasive and
would not increase the traffic problems.
I am pleading with you all to please respect our investments here in the
neighborhood and our desire to keep it a neighborhood. The traffic is so bad right
now that people can hardly walk anywhere or pull in or out of their own
driveways. The almighty dollar seems to be running the show, and yet no one
seems to care about how we feel. It was a huge turnout at the planning
committee meeting and yet only one committee person showed empathy for us
as a neighborhood. Please think of it as your own neighborhood. How you would
feel looking at the map and see how big business is seeping into our little
neighborhood. It cuts right in from Broadway, a major chunk.
Thank you for your time. I do hope you will consider our suggestions and
concerns.
Sincerely,
Jan Wold
503 N. Conklin Rd.
Veradale, WA. 99037
Butterflyjan5 @comcast.net
Land Use Solutions
& Entitlement
Land Use Planning Services
9101 N. MT. VIEW LANE Spokane, WA 99218
509-935_3108 (V) 509-967-0229 (F)
5-08-12
Mayor Towey and Council Members
11707 E Sprague Avenue
Spokane Valley WA 99206
Ref: CPA 05-12 Arger MF-1 to MF-2
Mayor Towey and Members of the Council
The following is a bullet format of facts supporting the proposed amendment.
1) The proposal is consistent with the goals and policies of the comprehensive plan as a
transitional use from regional Commercial and Community Commercial zones adjacent
thereto.
2) This is a more efficient means of accommodating 480 residents and 240 dwelling units,
a. Whereas, conventional subdivision requires
i. 38 acres for the same populations
ii. City gets to maintain the roads after they are built and dedicated
iii. Displaces the same number of units over several in-fill sites, since there
are no 38 acre parcels inside the city ready to subdivide.
3) The site will provide adequate mitigation for setbacks and traffic:
a. The main entrance will be Broadway and secondary access will be Conklin. No
other local access streets are needed for this site.
b. The scale of project affords amenities and these will be centrally located with
apartments surrounding these amenities. All traffic related functions will be on the
perimeter of the site to avoid interference with the courtyard amenities. This then
ensures the displacement of apartment units away from the property lines by at
least 40 ft. to accommodate onsite traffic isle ways and required landscaping.
Even more dimensional setbacks where garages, carports and open stalls are
provided against the perimeter.
4) The Planning Commission recommended the consideration of a Development Agreement
in-lieu-of relying upon the zone code performance standards. I would urge the Council to
use this mechanism only as a last resort to ensure land use compatibility. The
aforementioned development scenario is a pretty safe bet and the adopted development
standards are to be interpreted as sufficient mitigation for land use compatibility. I'm
certain case law would echo this fact as well.
5) There is no evidence submitted on the record that high density adversely affects the home
values of low density. Nor is there any evidence that apartments bring along a criminal
element. In fact to the contrary, the National Multifamily Housing Council has numerous
reports to the contrary. See attached Excerpte from NMHC White Papers attached hereto.
Based upon the above, I would urge the Council to approve this map amendment from MF-1 to
MF-2 without further need for a Development Agreement.
espectfull, Submitted,
iNIP
Dwight J Hume
Land Use Solutions and Entitlement
Enclosure: Supplement of NMHC
Excerpt from
NMHC White papers
"Overcoming Opposition to Multi-family Rental Housing"
(Property Values and Crime)
Mark Obrinsky,PhD and Debra Stein
January 10,21107
studies that have tried to quantify the impact of geography on this, it seems evident that there is an
important property-type effect. Consider the reverse situation, namely residential development near
a transportation node such as a subway station. The number of single-family detached houses that
can be built within walking distance of the station is clearly much less than the number of multifamily
residences — whether for-rent or for-sale — that can be built there. To take advantage of the transit
nodes, it simply makes sense to take advantage of the fact that compact, higher-density housing is
inherently better suited to such development.
Property Values .
Concerns that multifamily rental housing will lower the value of their single-family houses has driven
many residents to oppose new apartment developments in or near their neighborhoods. Proposals
for low-income apartments are especially likely to trigger property value concerns, but even market
rate rental housing can give rise to arguments that apartments lower property values and damage
the community's reputation. Local officials often echo these property value claims, either because
they believe lower property values will injure their community's tax base or reputation or because
they want to sound responsive to constituent concerns.
The fear that housing density will hurt property values seems to be primarily based on anecdotes. By
contrast, most research has come to a different conclusion: in general, neither multifamily rental
housing, nor low-income housing, causes neighboring property values to decline.
Two studies have taken a macro look at home values and house appreciation near multifamily hous-
ing properties. One study focused on "working communities"throughout the nation— neighborhoods
of predominantly low- and moderate-income working households. The study looked at data from the
2000 US Census and compared house values in those communities with the share of multifamily
housing in those communities. The conclusion: working communities with multifamily dwellings ac-
tually have higher property values than other types of working communities. in other words, the av-
erage value of owner-occupied houses was highest in working communities with the most multifam-
ily units. In fact, among working communities, "the high multifamily areas had the highest home val-
ues, the mixed-stock areas the next highest, and the single-family areas had the lowest.n15 The study
also noted a similar phenomenon with respect to income: among working communities, higher
household income was positively associated with the share of multifamily housing.15
The other macro analysis compared the rate of property value appreciation for houses with multifam-
ily housing nearby with the appreciation rate for houses with no multifamily housing nearby. Houses
with apartments nearby actually enjoy a slightly higher appreciation rate than houses that don't have
apartments nearby. Homes that are not located in multifamily areas appreciated at an average an-
nual rate of 3.59 percent between 1987 and 1997, compared with a higher appreciation rate of 3.96
percent for houses near multifamily buildings. For the 1997-1999 period, the figures were 2.66 per-
cent and 2.90 percent, respectively.17
Case studies examining individual sites and metro areas have been used in six recent research
works to get a more detailed picture of the effects of multifamily and/or subsidized single-family
properties. These studies measured the possible impact of a range of property types on surrounding
property values, including the potential impacts of conventional apartments, mixed-income multifam-
ily rentals, low-income housing tax credit developments, and federally-assisted rental housing pro-
jects. Researchers measured a variety of relevant characteristics, including house price, price per
15 Alexander von Hoffman, Eric Belsky, James DeNormandi, and Rachel Brett, "America's Working Communi-
ties and the Impact of Multifamily Housing,"Cambridge, MA: Joint Center for Housing Studies, 2004, p. 17.
16 Ibid., p. 16.
17 National Association of Home Builders, "Multifamily Market Outlook,"Washington, DC, November 2001, pp.
3-4.
Overcoming Opposition to Multifamily Rental Housing 7
square foot, house price appreciation, time on the market, and the ratio of sales price to asking price
in order to assess "the worst-case scenarios of multi-family intrusion into a single-family neighbor-
hood." Their conclusions:
"We find that large, dense, multi-family rental developments...do not negatively impact the
sales price of nearby single-family homes.i i8
"We find that if located properly with attractive landscaping and entranceways, adverse price
. effects can be minimized and sometimes can add value. In the long term, such apartment
complexes probably raise the overall value of detached homes relative to their absences 19
"To this point, our results for Wisconsin are generally consistent with results In other studies:
we have not been able to find evidence that Section 42 developments cause property values
to deteriorate. The exception is Milwaukee County, where properties that are distant from the
developments seem to appreciate more rapidly, although the magnitude of the effect is small.
We have found no evidence of an impact in Waukesha and Ozaukee, and find evidence that
properties in Madison near Section 42 developments appreciate more rapidly." 20
There is "little or no evidence to support the claim that tax-credit rental housing for families
has a negative impact on the market for owner-occupied housing in the surrounding
area...Rather than negative impact, the evidence suggests to us that the various housing
submarkets surrounding the tax-credit properties in our study performed normally, exhibiting
similar levels of variability before and after tax-credit construction, and responding to supply
and demand forces in similar fashion as the larger market."21
"In sum, assisted housing of various types: (i) had positive or insignificant effects on residen-
tial property values nearby in higher-value, less vulnerable neighborhoods, unless it ex-
ceeded thresholds of spatial concentration or facility scale; (ii) evinced more modest pros-
pects for positive property value impacts in lower-value, more vulnerable neighborhoods, and
strength of frequently negative impacts was directly related to the concentration of sites and
scale of the facilities."22
in sum, the presence or proximity of subsidized housing made no difference in housing val-
ues as measured by relative price behavior in a dynamic market."23
Some of these studies find examples where single-family houses located near apartments either ex-
perienced lower prices or lower appreciation rates than houses located further away. But for resi-
dents in neighborhoods near proposed apartment developments — and for local officials who repre-
sent them — it is important to understand that multifamily housing rental developments do not gener-
ally lower property values in surrounding areas.
18 Henry O. Pollakowski, David Ritchey, and Zoe Weinrobe, "Effects of Mixed-Income, Multi-family Housing
Developments on Single-family Housing Values,"Cambridge, MA: MIT Center For Real Estate,April 2005, p.
xiii.
1°Arthur C. Nelson and Mitch Moody, "Apartments and Detached Home Values,"On Common Ground, Na-
tional Association of Realtors, 2003. See also: Nelson and Moody, "Price Effects of Apartments on Nearby
Single-family Detached Residential Homes,"Virginia Tech University, 2003.
20 Richard K. Green, Stephen Malpezzi, and Kiat-Ying Seah, "Low Income Housing Tax Credit Housing Devel-
opments and Property Values," Madison, Wl: The Center for Urban Land Economics Research: 2002, p.4.
Maxfield Research Inc., "A Study of the Relationship Between Affordable Family Rental Housing and Home
Values in the Twin Cities," Minneapolis, MN: Family Housing Fund, September 2000, p. 102.
22 George Galster, "A Review of Existing Research On the Effects of Federally Assisted Housing Programs on
Neighboring Residential Property Values,' Detroit, MI: Wayne State University: September 2002, p. 26.
23 Joyce Siegel, The House Next Door, innovative Housing Institute, 1999. www.inhousing.orglhousel.htm.
Overcoming Opposition to Multifamily Rental blousing 8
Social Interaction and Crime
Opponents of rental housing often argue that while people who own their homes are invested in the
long-term success and safety of a community, people who rent apartments are merely short-term
transients and therefore less desirable neighbors. That view has a long history and probably seems
so unremarkable, so obvious, that proof is unnecessary. Nonetheless, some researchers have tried
to discover whether homeownership creates a positive social benefit compared to rental housing.
While the scope of their research is rather broad, for present purposes we focus on two aspects: (i)
renters vs. owners as neighbors (citizens); and (ii) renters and crime.24
The view that renters are not as engaged in their communities as owners seems to arise from the
two apparent characteristics of renters: (i) by definition, they don't own their own residence, hence
are thought to have less of a "stake" in the community; and (ii) they tend to move more often. These
characteristics are seen as making them transitory residents, perhaps more akin to visitors than to
long-term residents.
But there are also countervailing forces. For example, single-family renters do not tear down old
houses and replace them with "McMansions," a phenomenon that can greatly alter neighborhoods,
in ways that are not always desired by the existing residents.
In addition, it is important to recognize that housing tenure is different from residential stability.
Housing tenure refers to how long an individual has lived in one place, while neighborhood stability
reflects the quality, cohesion and safety of a community. It is the latter that may be the key factor:
"Between 4 and 92 percent of the effect of homeownership and citizenship Is operating primarily be-
cause homeownership is associated with lower mobility rates."25 Stability itself is relative: in Western
Europe, for example, many renters have lower turnover rates than U.S. homeowners. To the degree
that there may be positive benefits from lower turnover, then the focus ought to be on increasing
residential stability rather than trying to restrict choice of tenure,26
Neighborhood residents may be less interested in distinguishing the exact cause than in ensuring
the best outcome, and for many, promoting homeownership rather than renting seems an effective
way to do so. In fact, that turns out not to be the case:
• Apartment residents are almost twice as likely to socialize with their neighbors as owners
of single-family houses (33 percent vs. 17 percent).
• Apartment residents are just as likely as house owners to be involved in structured social
groups like sports teams, book clubs, and the like (22 percent for sports groups, 10-11
percent for other groups).
• Apartment residents are only slightly less likely to attend religious services at least once a
month (44 percent vs. 55 percent).
• Just like single-family owners, apartment residents identify closely with the town or city
they live in (60 percent for apartment residents vs. 64 percent for single-family owners).
24 For a good, critical summary of the scope of such research, see William M. Rohe, Shannon Van Zandt, and
George McCarthy, "The Social Benefits and Costs of Home Ownership:A Critical Assessment of the Re-
search," in Nicolas P. Retsinas and Eric S. Belsky, eds., Low-Income Homeownership:Examining the Unex-
amined Goal(Washington, DC: Brookings Institution Press, 2002).
25 Denise DiPasquale and Edward L. Glaeser, "Incentives and Social Capital: Are Homeowners Better Citi-
zens?"Journal of Urban Economics,Vol. 45, Nr. 2 (March 1999).
26 Apgar notes that disentangling the many factors that influence behavior in order to isolate the impact of ten-
ure alone is exceedingly complex. See: William Apgar, Rethinking Rental Housing: Expanding the Ability of
Rental Housing to Serve as a Pathway to Economic and Social Opportunity,"Joint Center for Housing Studies
Working Paper W04-11, December 2004,
Overcoming Opposition to Multifamily Rental Housing 9
• Almost half (46 percent) of apartment residents feel close to the neighborhood they live
in. This is not as high a share as for single-family owners (65 percent), but still sizable.
• Apartment residents are virtually as interested in politics and national affairs as house
owners are (66 percent vs. 70 percent).
The one area in which apartment residents noticeably lag house owners is in local elections: 47 per-
cent of apartment residents say they "always vote" or"sometimes miss one," compared with 78 per-
cent of single-family owners.27
Put simply, these objective measures undermine the notion that apartment residents somehow don't
care much about, and don't involve themselves in, the communities in which they live. On the con-
trary, they tend to be at least as socially engaged as other Americans.
As important as these things are in helping to shape the character of a neighborhood, it stands to
reason that they can easily be negated by an increase in criminal activity. Is there any truth to the
idea that crime follows in the wake of apartment development?
It turns out that there have been very few studies that address this issue. A study conducted for the
Arizona Multihousing Association concluded that the perception of higher crime associated with mul-
tifamily housing results from counting police calls by address. Hence an apartment property with 100
or more units at the same address may be wrongly compared to one single-family residence. "In ac-
tuality, when police data is analyzed on a per unit basis, the rate of police activity in apartment
communities is no worse than in single family subdivisions, and in many cases, is lower than in sin-
gle family areas." 28
In a similar vein, studies of Irving, Texas, and Anchorage, Alaska, found no connection between
crime and housing density. The former used geographic information systems (GIS) analysis to sup-
plement more conventional approaches, and determined that "high density and multi-family devel-
opment are not necessarily associated with high crime rate, but socioeconomic status is." 28 The lat-
ter study reached a similar conclusion: "These data show no relationship between housing density
and delinquency....The observed correlation coefficients between housing density and the six crimi-
nological measures were all small in magnitude (very close to "0"), statistically significant...and in
some cases in the opposite direction predicted by the hypothesis of a direct relationship between
housing density and crime.i38
The Multifamily Record: Conclusion
Further research would certainly be welcome. Even so, we think the available research is fairly
strong that multifamily rental housing: (1) does not impose greater costs on local governments; (2)
does not increase traffic and parking problems; (3) when well-designed and appropriate to the
neighborhood, does not reduce (and may even enhance) property values; and (4) does not inher-
ently attract residents who are less neighborly or more apt to engage in (or attract) criminal activity.
27 NMHC tabulations of rnicrodata from the General Social Survey. See: Jack Goodman, "Apartment Residents
As Neighbors and Citizens,"Research Notes, Washington, DC: National Multi Housing Council, June 1999.
28 Elliott D. Pollack and Company, "Economic& Fiscal Impact of Multi-family Housing," Phoenix: Arizona Multi-
housing Association, 1996, Part 11.
zs Jianling Li and Jack Rainwater, "The Real Picture of Land-Use Density and Crime: A GIS Application,"
available at: http://gis.esri.comllibrary/userconf/proc00/professional/papers/PAP508/p508.him
30 University of Alaska Justice Center, "The Strength of Association: Housing Density and Delinquency,"An-
chorage Community Indicators, series 3A, No. 1, available at:
http:lliustice uaa.alaska.edulindicators fseries03/aciO3a1.housinct.pdf
Overcoming Opposition to Multifamily Rental Housing 10
This evidence may be sufficient for planners and many public officials— particularly those who have
already come to understand the benefits of greater housing choice, mixed-use and mixed-income
residences, transit-oriented development, and pedestrian-friendly communities. Two obstacles re-
main: codified restrictions on multifamily developments and individual opposition to specific multi-
family projects.
Experience suggests that opponents who live near apartment developments are often hard to con-
vince. For some, opposition to apartments may be more emotional than analytical. As one opponent
put it: "We don't want renters. We just don't want them..."3' For many, anecdotes trump statistics:
For this reason, marshalling statistics is a necessary step, but not usually a sufficient one, Instead,
proponents need to overcome opposition to individual proposed developments. Before turning to
this, we take a brief look at how opposition to multifamily rental housing in general has been codi-
fied, thereby adding another hurdle for proponents.
REGULATORY RESTRICTION ON MULTIFAMILY HOUSING IN GENERAL
Opposition to multifamily rental housing has a long history. More than a century ago, the notoriously
poor living conditions associated with tenement houses led not only to a movement to reform and
improve such dwellings, it also led to a movement to prevent further apartment construction. Oppo-
nents drew on two key tools to block new multifamily buildings: restrictive building codes that made
multifamily construction uneconomic; and zoning -- in particular, the creation of single-family-only
districts.3
These and other tools are still being used.33 The most common regulations involve zoning and/or
comprehensive land use planning. More recently, policies to restrict, manage, or even prevent fur-
ther growth -- from impact fees to "urban containment" to outright moratoria — have been added to
the mix. Given the sheer number of local land use areas, even collecting comprehensive data on
residential development restrictions is difficult. Assessing the impact of these regulations is even
more difficult for at least two reasons, First, the devil may indeed be in the details, so that any over-
view or summary analysis is likely to be flawed. Second, some jurisdictions may, on a fairly routine
basis, grant waivers or exemptions for certain kinds of developments, with the result that the regula-
tion on the books is not the de facto regulation.
Recent research analyzing density restrictions in local jurisdictions making up the 50 largest metro-
politan areas concluded that a hypothetical 2-story, 40-unit apartment property on five acres of land
would be prohibited outright in about 30 percent of such jurisdictions. Residential developments with
densities of more than 30 units per acre are prohibited in all but 12 percent of local jurisdictions. To
be sure, these jurisdictions encompass 48 percent of the population of these metro areas. Even so,
it is clearly a significant restriction.34 Such restrictions not only reduce the range of housing options
available to local residents — in particular, most restrictions tend to favor lower-density over higher-
density developments—they also make housing more expensive.35
31 See"From Parking to Mixed-Use," Montgomery Gazette, September, 28, 2005, at:
www.gazette.netlstoriesl092805/bethnew205622 31894.shtml
52 Kenneth Baer, "The National Movement to Halt the Spread of Multifamily Housing, 1890-1926'Journal of
the American Planning Association, Chicago: Winter 1992.
33 A good compendium of such restrictions is contained in: "Regulatory Barriers to Affordable Housing," City-
scape, Vol. 8, Nr. 1 (2005).
34 Rolf Pendell, Robert Puentes, and Jonathan Martin, "From Traditional to Reformed: A Review of the Land
Use Regulations in the Nation's 50 Largest Metropolitan Areas." Metropolitan Policy Program, The Brookings
Institution, Washington, DC: August 2006. http://www.brookings.edu/metro/pubs/20060802 Pendall.pdf
35 See for example: John M. Quigley and Larry A. Rosenthal, "The Effects of Land Use Regulation on the Price
of Housing: What Do We Know?What Can We Learn?", Cityscape, Vol. 8, Nr. 1 (2005)and Edward L. Giae-
Overcoming Opposition to Multifamily Rental Housing 11
518112
Gregory Arger, President ArRer Companies (Owner of 10 Acre Conklin ParcelA
Commercial Developers in Spokane Valley for 30+years
Our most recent project is Evergreen Fountains Senior Living Community
We own and operate all our projects
We are leaders in the industry with our site designs and state of the art facilities
History of Property:
Originally, we designed a HUD affordable housing project consisting of 192 units which is allowed under the
existing zoning today. The tax free bond financing became unattainable, and not lender feasible.
We then proceeded to plan a luxury state of the art project which necessitated the MF-2 Higher Density to meet
Feasibility. The location supports higher density.
Recently, we purchased an adjoining property fronting Broadway for our Main Entrance along with our Conklin
Road frontage. Therefore: making it not necessary to enter the project from a neighboring side street (Alki
Road)
Benefits of Higher Density:
• More Units Available
• Project Amenities would become feasible, making the project more Marketable
• Financing options available
• Make the project economically feasible
• There is a demand for Class A High Density apartment projects, that would feature amenities to support
family needs
The 10 plus acre site allows for generous amenities such as picnic pavilion, water park, recreational center,
sports court and playground areas.
The project amenities would exceed the city requirement in place, meeting our standards for a luxury apartment
project and ensure success in the market place and considered the best.
The site location is close to:
• Shopping
• Jobs
• 1-90 Access
• Sprague Ave
• Sullivan Road Access
Closing:
The current zoning classification does not work, we have explored all avenues. The property is has limited
utility in today's market place. The costs exceed the project feasibility with the current zoning classification.
In Real Estate terms the site location is considered an A+ SITE candidate for a high density project. The high
density classification will gain the greatest utility for the site based on the location.
This is the MOST Premier multi-family site available in the City of Spokane Valley.