Ordinance 04-035 Amends Ordinance 03-053 Interim Zoning •
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CiTY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 04-035
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
AMENDING ORDINANCE No. 03-53 TO PROVIDE INTERIM ZONING
PURSUANT TO CHAPTER 14.615 URBAN RESIDENTIAL ESTATE (UR-1)
ZONE ESTABLISHED HERr1N.
WHEREAS, The Growth Management Act provides that all zoning regulations be consistent with
an adopted Comprehensive Plan (RCW 35A.63.105); and
WHEREAS, The Interim Zoning Code adopted by the City of Spokane Valley pursuant to
Ordinance 03-53, specifies a maximum net density (dwelling units/acre) for all residential zoning
districts; and
WHEREAS, R.CW 35A.63.220 provides for establishment of interim zoning for up to one year
following a public hearing where a Work plan is developed for related studies; and
WHEREAS, the interim zoning may be extended for one or more six-month periods..if a
subsequent public hearing is held and findings of fact are made prior to each renewal; and
WHEREAS,"Low Density Residential" is identified as LDR in the adopted Plan, with maximum
densities ranging from one to 4.35 (UR 3.5)and 7(UR 7)within designated districts; and
WHEREAS, WAC 365-195-310(2)(1) provides that "[i]n developing the housing clement
attention should be working with the desires of residents to preserve the character and vitality of existing
neighborhoods,along with the rights of people to live in the neighborhood of their choice'; and
WHEREAS, the Comprehensive Plan states that"Spokane Country is a community that provides
the opportunity for a variety of housing types and development patterns for all incomes and lifestyles
while preserving the environment and the character of existing neighborhoods"; and
WHEREAS, the Comprehensive Plan establishes the following Policies in relevant part_"U1...9.I.
. . .Low density residential areas shall range from 1 to and including six dwelling units per acre" and
"UL.9.2 Spokane County shall seek to achieve an average residential density in new development of at
least 4 dwelling units per net acre in the Urban Growth Area through a mix of densities and housing
types."; and
WHEREAS, certain well-established neighborhoods located within areas designated for Low
Density Residential (LDR) uses have requested consideration of a regulatory mechanism that would
continue to permit the keeping of a limited number of large animals, primarily horses; and
WHEREAS, these neighborhoods were originally established to allow the keeping of such
animals; and
WHEREAS, these neighborhoods have been in existence for over twenty-five years.
Ordinance 04-035 interim Zoning Page 1 of 7
WHEREAS, the proposed development regulations must be submitted to the Washington
Department of Community Trade and Economic Development pursuant to RCW 36.70A.106WAC 365-
195-620; and
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as
follows:
Section 1. Chapter 14.615 of the interim Zoning Code is hereby established as an
amendment to Ordinance No. 03-53 to read as follows:
"Chapter 14.615
Urban Residential Estate (UR-1)Zone
14.615.100 Purpose and Intent
The purpose of the UR-1 zone is to preserve the character and vitality of substantially developed urban
neighborhoods consisting primarily of one-acre lots which were created through a formal platting process
more than twenty-five years ago and which have historically permitted the keeping of a limited number of
large animals and livestock. Lots are presently served by a public water system and may require
connection to a public sewer system. The residential character necessitates the provision of paved roads
and other public facilities. The UR-1 zone is an interim zone and is limited to the properties identified in
Section 2 below.
14.615.210 Permitted Uses
Hereafter in the UR-1 zone no building, structure improvements or portion thereof shall be erected,
constructed, converted, established, altered, or enlarged, nor shall any lot or premises be used, except for
those uses specifically permitted in this zone pursuant to Chapter 14.605, Residential Zones Matrix,
Section 14.416, and 14.816. in addition, the following specific standards are required for the following
permitted uses.
A. Residential uses
B. Public and Semipublic Uses
1. Community hall, club or lodge, provided that it is related to local community social
activities and its principal activity includes a service customarily carried on as a business.
2. Public utility transmission facility, provided that:
a. The utility company shall secure the necessary property or right-of-way to
assure for the proper construction, continued maintenance, and general safety
to the properties adjoining the public utility transmission facility;
b. All support structures for electrical transmission lines shall have their means of
access located a minimum of ten (10) feet above the ground;
c. The facilities shall be compatible with the surrounding uses either by distance,
landscaping, buffering, or design, as determined by the Zoning Administrator;
and
d. The height of the structure above ground does not exceed one hundred twenty-
five(125) feet.
3. Day care center(in a church or public or private school), provided that:
a. There are no more than fifty (50)children;
b. Any outside play area shall not be closer than fifty(50) feet to a property line;
or
Ordinance 04-035 Interim Zoning Page 2 of 7
c. Any outside play area must be completely enclosed with a minimum four(4)-
foot.fence.
14.615.220 Accessory Uses
1. The keeping of poultry and livestock, excluding swine, is permitted subject to the
following conditions:
a. Any building or structure housing poultry or livestock, including but not limited to
any stable, paddock,yard, runway, pen, or enclosure, or any manure pile shall be
located not less than seventy-five feet from any habitation; and
b. No building or structure housing poultry or livestock, including but not limited to,
any stable, paddock, yard, runway, pen, or enclosure, or any manure pile shall be
located within the front yard nor be closer than ten feet from any side property line;
C. Not more than three horses, mules, donkeys, bovines or llama shall be permitted per
gross acre, or
d. Not more than six sheep or goats shall be permitted per gross acre; or
e. Any equivalent combination of c. and d. above; and
f. A maximum of one animal or fowl including duck, turkey, goose or similar
domesticated fowl, or rabbit, mink, nutria, chinchilla or similar animal , may be
raised or kept per 3,000 square feet of gross lot area or fraction thereof. In addition, a
shed, coop, hutch or similar containment structure must be constructed prior to the
acquisition of any small livestock to ensure containment of the livestock on the
premises.
g. Structures, pens,yards, enclosures, pastures and grazing areas shall be kept in a clean
and sanitary condition. In the event that the City receives complaint(s)concerning
the maintenance of animals on individual premises,the Spokane County
Conservation District will evaluate conditions and propose environmentally
acceptable measures for remediation.
2. Home profession, provided that a home profession permit is obtained;
3. Tower, private, provided:
a. That a building permit for the private tower is obtained, reviewed and signed off by
the Community Development Department;
b. The applicant shall furnish a site plan showing height and location of the private
tower;
c. The applicant shall furnish a copy of the tower manufacturer's construction/erection
specifications;
d. The private tower shall be erected in accordance with the manufacturer's
specifications;
e. The applicant shall show that the impact area(that area in all directions equal to the
private tower's height above grade) is completely on his/her property. Up to one-half
(1/2)of'the tower's impact area in distance may be administratively approved if off of
the applicant's property pursuant to Section 14.506.020(8); or, the applicant has
secured an easement(s) for all property in the towers impact area if not entirely on
his/her ownership. Such easement(s)shall be recorded with the County Auditor. with
a statement that only the Planning Department can remove the recordation;
Ordinance 04-035 Interim Zoning Page 3 of 7
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f. That generally a residence has to be on the same site as the private tower,except for a
private repeater facility or remote base operations;
g. That the height limitation of the zone is not exceeded without approval of a variance
or administrative exception as respectively pertains; and
h. That the setbacks for the private tower shall be the accessory use setbacks of the zone
where it is located, if detached, and shall be the primary use setbacks of the zone
where it is located, if attached to the primary useibuilding of the property.
4. Beekeeping, hobby, provided that:
d. The activity shall be accessory to a residential use only;
e. The number of beehives shall be limited to one(I) beehive per four thousand
three hundred fifty-six(4,356)square feet of lot area up to a maximum of
twenty-five(25) beehives;and
f. The beehives shall maintain at least the accessory use setbacks and be
completely enclosed with a six(6)-foot barrier(solid fence, hedge,
landscaping, etc.)that necessitates the bees flying over; or
g. The beehives shall maintain at least a twenty-five(25)-foot setback from all
property lines and be isolated from public.access by a security fence; or
h. The beehives shall maintain at least the accessory use setbacks,be not less than
ten (10) feet in height above grade, and be isolated from public access by a
security fence or located on a restricted access platform.
5. Accessory Structure(s) are permitted under the following provisions:
a.
Lot Size Total Combined Square Footage of
Structure(s)Allowed
i. Less than 30,000 sq. ft. 1,000 sq. ft. or 10%of lot size
whichever is greater
ii. 30,000 sq. ft. to 1 acre 3,000 sq.ft.
iii. Greater than 1 acre to 2 acres 4,000 sq.ft.
iv. Greater than 2 acres 10% of lot size
b. One accessory structure not exceeding 1,000 square feet, shall be permitted prior to the
construction of a primary use. This structure is not for residential occupancy, business use,or
outside vehicle repair.
6. Wireless communication antenna array, provided:
a. That mounted antennas shall not exceed twenty(20) feet above the existing structure to
which they are attached.
b. That before the issuance of a building permit, the applicant shall have demonstrated that
all applicable requirements of the Federal Communications Commission, Federal
Aviation Administration and any required aviation easements have been satisfied.
c. That the antenna array is pointed or finished in such a manner to match the existing
structure in which it is placed upon, if possible.
14.615.230 Prohibited Uses
All uses not specifically authorized in the UR-1 zone are prohibited, including, but not limited to, the
following:
1. General agriculture use, except as specifically permitted in this section;
2 General industrial use;
3 General commercial use; and
4. Mining.
Ordinance 04-035 interim Zoning Page 4 of 7
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14.615.240 Conditional Uses
Those uses designated as conditional uses within the UR-3.5 zone on the Residential Zones Matrix,
Chapter 14.605, may be permitted in the UK-1 zone, subject to the same standards and requirements.
provided that a conditional use permit authorizing such use has been granted,as set forth in Section
14.404.100.
14.615.300 Development Standards
Prior to the issuance of a building permit, evidence of compliance with provisions of Sections 14.615.305
thru 14.615.355 shall be provided to the Department.
14.615.305 Density
The maximum density of dwelling units in the UR-1 zone shall be one(1) Dwelling units per acre.
14.615.310 Minimum Lot Area
The minimum lot area for residential units in the UR-1 zone shall be 40,000 square feet per residential
unit.
14.615.315 Minimum Frontage
The minimum frontage for residential units in the UR-1 zone shall be eighty(80)feet on a public road or
street.
14.615.325 Minimum Yards
The minimum yards and setbacks for permitted and accessory uses in the UR-1 zone shall be as follows:
A.. All Uses Except Accessory Uses
1. Front Yard: A minimum fifty-five(55)-foot setback the centerline of all roadway rights-of-
way or thirty-five (35)-foot setback from the lot front line, whichever provides the greater
setback from the centerline of the roadway right-of-way.
2. Side Yard: Each lot shall have side yard(s)of at least five(5) feet for each story of building.
3. Flanking Street Yard: A minimum fifty-five(55)-foot setback from the centerline of all
roadway rights-of-way or thirty-five(35)-foot setback from the existing property line,
whichever provides the greater setback from the centerline of the roadway right-of-way.
4. Rear Yard: The minimum rear yard shall be twenty(20) feet.
B. Accessory Uses
1. Front Yard: A minimum fifi:y-five (55)-foot setback from the centerline of all roadway rights-
of-way or twenty-five (35)-foot setback from the lot front line, whichever provides the
greatest setback from the centerline of the roadway right-of-way.
2. Side Yard:
Structure Height(at peak)
0-15 feet = 5 feet
Over 15 feet = 5 feet plus one(1)additional foot for each additional foot of structure
height over 15 feet
Ordinance 04-035 Interim Zoning Page 5 of 7
Flanking Street Side Yard: A minimum fifty-five (55)-foot setback from the centerline of
all roadway rights-of-way or a thirty-five(35)-foot setback from the existing property
line, whichever provides the greater setback from the centerline of the roadway right-of-
way.
3. Rear Yard:
Structure Height(at peak)
0-I5 feet = 5 feet
Over 15 feet = 5 feet plus one(1)additional foot for each additional foot of structure
height over 15 feet
4. Other Yards: No other yards are required beyond those required for"clear view triangle" as
noted in Section 14.810.020 (2)or for other safety and health standards as determined by the
Department.
14.615.330 Maximum Building Coverage
The maximum building coverage in the UR-I zone shall be thirty percent(30%)of the lot area.
14.615.335 Maximum Building Height
The maximum height of buildings or structures in the UR-1 zone shall be thirty-five(35) feet.
14.615.340 Parking Standards
Parking standards for uses in the UR-1 zone shall be as provided in Chapter 14.802.
14.615.345 Signage Standards
Signage standards for uses in the UR-1 zone shall be as provided in Chapter 14.804.
14.615.350 Landsca g Standards
Landscaping standards for uses in the UR-I zone shall be as provided in Chapter 14.806.
14.615.355 Storage Standards
All storage(including storage of recyclable materials)shall be wholly within a building or shall be
screened from view from the surrounding properties and shall be accessory to the permitted use on the
site. There shall be no storage in any required front yard or flanking street yard. Vehicle storage shall
conform to the provisions of Spokane Valley Ordinance 03-067, as it may be amended from time to
time."
Section 2. The Zoning Map of the City of Spokane Valley is hereby amended to establish Urban
Residential Estate(UR-I)zoning on two tracts shown as Exhibits"A"and "13."
Section 3. Amendment. The Zoning Code, Section 14.605.020 14.605.080 Residential Use
Matrix is hereby amended as shown on the attached Exhibit"C".
Section 4. Adoption of Other Laws. To the extent that any provision of the Spokane
County Code, or any other law, rule or regulation or Resolution referenced in the attached Development
Regulation is necessary or convenient to establish the validity, enforceability or interpretation of the
Development Regulations, then such provision of the Spokane County Code, or other law, rule or
regulation is hereby adopted by reference.
Section 5. Severability. if any section, sentence, clause or phrase of this ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,clause or
phrase of this ordinance.
Ordinance 04-035 Interim Zoning Page 6 of 7
Section 6. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as
provided by law.
PASSED by the City Council this 24'x'day of August,2004.
LQ4'44 CC%41.
Mayor, Michael DeVleming
ATTES'
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fir' j1
Clerk, Christine Bainbridge
Ap ved a to
/:-..:' ) t.'"04-01% i
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Deputy ty Attorney, ry P. Driskell
Date of Publication: i-
Effective Date: a
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Ordinance 04-035 interim Zoning Page 7 of 7
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Chapter 14.605 EXHIBIT "C"
RESIDENTIAL ZONES MATRIX
RR-10 SRR-& SRR-2 SR-i SR-112 UR-1 UR-3.5 UR-7 UR-12 UR-22
14.605.020 RESIDENTIAL USES
Accessory Structure(e) P-Acc(1) P-Ash4-14- P-AGc4 •) P-Aec4-14 P Aoe41) p-Acct 11 P-Acc(1) P-Acc(1)
Billboard N N N N N N N N N N
Caretakers residence P(1) P(1) PO} N N N _ N N N _ N
Clustered housing PUD only
Community residential facility(8 or less residents) N N N- P P P P N N N
Community residential facility greater than 8 residents,
no more than 25) N N Al N N N N _ P P P
Community treatment facility(8 or less residents) N N N G-U C U C U N N N
Community treatment facility.greater than 8 residents,
no more than 20) N N N N N b+ N C.0 C U C U
Conditional residential accessory unit C.U,(1) C-U-4i)- CU41) C U414 ts1I-4-14- re 1] C U.(1) N N N
Density bonus(under Chapter 14 704) N N- N PUD PUD N PUD PUD PUD PUD
Dependent Relative manufactured(mobile)home P-Acc(1) P-Acc4-1.1 P Acc.41) P-Aee-(1) N N N N N N
Dormitory P P- P P- P N P P P P
Duplex P P p P P N P P P P
Fraternity. sorority P P P- • P- P N P P P P
Home industry C U. C-U C-11.- C-1)- C U N C U N N N
Home profession P-Ace(4) P-Ase44) P-Ace 4-4)• P-Ac(4) P-Aoc(4) P-Aoc(4j P-Acc(4) P-ACC(4) P-Ace(4) P-Aoc(4)
Household pets P P P- P- P P P P P P
Manufactured(mobile)home P(2) P(a) P42) Pa) P42) P12) P(2) P(2) P42) N
Manufactured(mobile)home park P(2) P(2) P(2) P(2) P(2) N P(2) P(21 P(2) P(2)
Multifamily dwelling N N N- N N N N P P P
Nursing home. convalescent home N r N N- N N N N P P P
Prison.jail, or institution C U N N- N N N N N N N
Private repeater faality P P- P- P R P P P P P
Retirement/elderty apartment N N- N N N N N P P P
Single-family dwelling. new P R- P p- P- P P P P P
Solar collector&associated sys P-Ace P-Aoc P-Aec P-Aos P-Aoc P-Acc P-Aoc P-Acc P-Ace P-Ace
Transitional community tacrlity(8 or less residents) N N N C.-U C U C.0 C U N N N
Transitional community taciMy(greater than 8 residents
no more than 20 residents) N N N N N N N C U C U. C U
Tower, private P-Ace(1) P-Aoc i 1■ P-Aca(.1.) P-Aos.413 P-Ao4(1) P-Ace(1) P-Ace(1) P-Ace(1) P-Acc.(1) P-Ace(1)
14.605.040 USE PubIIcISeml-Public
Adult Entertainment establishment N N N N Al N N N N N
Adult Retail Use Establishment N N N 14 N. N N N N N
Archery. rifle gun, pistol ranges/clubs C U C U N N N- N N N N N
Business or professional office N N N- 14 N- N N N P P
Cemetery C U C U- N N Al. N N N N N
Church and parsonage P P- P P- P. P P P P P
P Permitted
P(4)Definition P(1)Chap 14.615-14.622 standards
N Not permitted P-(Acc)Permitted accessory P(2)Chap 14.808
(1)Specific standards (1)Specific standards C U.(1)Chap 14 818
Chapter 14,605 EXHIBIT "C"
RESIDENTIAL ZONES MATRIX
RR-10 SRR-6 SRR-2 SR-1- SR-112 �j„t-.1 UR-3.5 UR-7 UR-12 UR-22
Commercial composting storagelurocessing C U N N- N-
N N 14 N N N N
Community hall,club,or lodge P(1) P(1) P44-) P44-) P4 44 - p11) P(1) P P P
Community recreational facility P-Ace.(1) P-A0041) P-AGO -) P-A -(4) P-Aoo 4l► P-Aac.l t) P-Acc(1) P-Acc.(11 P Ace.(1) P-Acc(t 1
Community transit center P(1) P(1) P414 P4-4) P41) N P(1) P(1) P(1) P(1)
Day care center N N- N- N N N N N C U C U.
Day care center(in a church or a public or private
school) P(11 Poi) P444 P444 P(1) P(1) PI1) P(1) P4 i P(1)
Exercise facility/gym athletic club) N N N N N fii N N N P(1)
Family day care home P p P P P j? P _ P P P
Fire station p P P P P p P P P P
Golf course P(1) P414 P(1) P P N P N N N
Golf driving ramie/training canter N N N N N N f N N N Pill
Hospital C U P P P 14 N P P P F�
Incinerator C U N N N N- N N N N N
Landfill C U N 14 N N N N N N N
Library P P P P P N P P P p
Medical Office N N N N N N N N N P
Mini-day care center(in a dwelling) P P P p p P_ P p p P
Mini-day care center(not in a dwelling) N N N- N- N N N N P P
Nonmotonzed trail system C U G U N- N- N NN N N N
Nursery school P P p P P P P p P P
Park•and-ride facility P(1) P(s) P44-) P4-I-) P41) N P(1) P(1) P(1) POI
Park,public(including caretakers residence) P P P P P P P P P P
Post office p P P P P E P P p P
Public utility local drstnbulion p P P P P P P P P P
Public utility transmission facility P11 i P(t) P4-14 P4-1) P414 )"'f 1) P(1) P(1) P(1) P(1)
Racetracks C U N N- N- N N N N N N
Recreational area commercial N N N N N N N N N N
Sansanum C U P N P4 N N N N N N
Schools-public and private
1 kindergarten P P P P P P P P P P
2 elementary P P P P P P P P P P
3 middle P P P P P P P P P P
4 junior high P P P P P P P P P _ P
5 high P P P P P N N N P P
6 junior college P P p P P N P P p P
7 college or university P P P P P N P P p p
8 Expansion of existing structure on adjacent
property P P P P P _p P P P P
Sewage sludge land application P(1) CU N N P4 N N N N N
Solid waste hauler N N N NN NN N N N
P Permitted
P(4)Definition P(1)Chap 14 615-14.622 standards
N Not permitted P-(Accc)Permitted accessory P(2)Chap 14 808
i t 1 Specific standards (1)Specific standards C U(1)Chap 14 816
Chapter 14.605 EXHIBIT "C"
RESIDENTIAL ZONES MATRIX
RR-10 SRR-4 SRR-2 SR-I- SR-112 UR-1 UR-3.5 UR-7 UR-12 UR•22
Solid waste recyciingltransfer site P(1) P(1) P4-141 C-U-- C U N N N N N
Solid waste recycling/transfer site C U C-U- GU- C-U- CU- N N N N N
Tower P(1) P4-1.) CU- C.U- CV- N N N N N
Video Board N N- N N N- fU N N N N
Wireless Communication Antenna Array P•Acc(1) P-Aao 41 i P-Aoc(1) P-Aer:-(-1-1 P-Aoe 4.1) a cc.(1) P-Acc(1) P-Aec.(1) P-Arc(1) P-Acc(1)
Wireless Communication Support Tower C U C-U- C U CU C-U j C.U. C U C U C U
14.605.060 USE-Agricultural,Silvlcultural,and
Agriculture-Related
Agricultural processing plant warehouse P P N- N N- 1N N N N N
Agricultural product stand P(1) PO-) Pei-) P;1, N- - N N N N N
Airstrip for crop dusting/spraying N N- N- N N- N N N N N
Airstnp, personal P(1) P44) N- N N- N N .. N N N
Airstrip,private C U C41- N N N N N N N N
Animal clinic large/small vetennary C U C-41- C U-- N N N N N N N
Animal clinic-veterinary-small animals C U GU CU-- N N N N N C.0 P(1)
Animal.Wildlife Rehabilitation/Scientific Research P(1) P(i) N N N N N N N N
Animal raising and/or keeping P(1) P41) P444 P44-) 13414 Pit) N N N N
Beekeeping.commercial P P P-A (i) PAoo-41) N- N N N N N
Beekeeping,hobby P P P-Acct 1} P-Aoe-4l) P-Act-4-34 P-Ax 111 P-Act(1) N N N
Circus N N- N N N- N N N N N
Cultivation of land commercial P P P P N N N N N N
Dairy N N N N N N N N N N
Farm machinery sales&repair P N N N N N N N N N
Feed lot N N N- N N N N N N N
Feed mill P N N N N N N N N N
Fish hatchery P P N- N N N N N N N
Floriculture flower growing P P P P P-Ac - N N N N N
Gardening P P P P P P P P P P
Gasohol plant P(1) P(t) N N N N N N N N
Grain elevator P P N N N N N . N N N
Grazing P P P P N N N N N N
Greenhouse-commercial P P P P N N N N N N
Hazardous waste treatment/storage oft•site N N N- N N t-4i N N N N
Hazardous waste treatment/storage on-site -P-Acc c 1) 14- N N N N N N N N
Horse boarding and training P P N N- N- Pui N N N N
Horticulture vegetable growing P P P P P-A N N N N N
Inherently Dangerous Mammal/Reptile Keeping P(11 CU- N P4 N- ti N N N N
Kennel C U C-U- N N N N N N N N
Kennel,private C U CU.- C.0 CU- GU C.0 C U N N N
Nursery•wholesale P P P P N N N N N N
P Permitted
P(4)Definition P(1)Chap 14 815.14 622 standards
N Not permitted P-(Acc)Permitted accessory P(2)Chap 14 808
(1)Specific standards (1)Specific standards C U.(1)Chap 14 816
i
Chapter 14.605 EXHIBIT "C"
RESIDENTIAL ZONES MATRIX
RR-10 SRR-i SRR-3 SR-1 SA-112 ULL UR-3.6 UR-7 UR-12 UR-22
Orchard P P _ P P N N N N N N
Pigeon.performingi'show P-Acc.(1) R-Acc+1-) P-Aoc-4-1)+P Ac (1) P-Acc(11 P-ACc(1) P-Acc(1) N N N
Riding stable P P N N N N N N N N
Sawmill and lumber mill P(1) R4-1- N- N _ N N N N N N
Transient-agncuttural labor residence N N N _ N N N N N N N
Tree farming P P P N- N N N N N N
Truck gardening P P P P N N N N N N
Vineyard P P N- N N N N N N N
Winery C U GU- N _ N N N N N N N
Zoological Park P(1) P4-14 N- N- N N N N N N
P Permitted
P(4)Definition P(t)Chap 14 615-14 622 standards
N Not permitted P-(Acc)Permitted accessory P(2)Chap 14 808
(1)Specific standards (1)Specific standards C-U-(1)Chap 14 816
DEPARTMENT OF COMMUNITY DEVELOPMENT
SjÔkane FINDINGS OF FACT
PROPOSED INTERIM ZONING TO URBAN RESIDENTIAL ESTATE
Valle (UR-1)
STAFF REPORT DATE: June 18, 2004
PROPOSAL DESCRIPTION: Request for consideration of zoning controls to limit residential densities and
to continue practice of allowing the keeping of large animals on residential lots.
PROPOSAL LOCATION: Portions of the Ponderosa and all of Rotchford Acres residential subdivisions.
STAFF PLANNER: Marina Sukup, AICP, Director, Spokane Valley Community Development Dept.
I. BACKGROUND INFORMATION
PROPERTY INFORMATION:
Size & Characteristics: Ponderosa: Located adjacent to BBrowne's Mountain on the southern edge of
the City, abutting the Dishman Natural Area on the east and the 111er
Conservation area on the south. Fully developed single-family residential lots
generally exceeding one acre in size, served by local access and residential
collectors. Limited access to municipal wastewater collection system. Terrain
hilly with intermittent streams feeding Chester Creek. Portion of the
subdivision located within the 100-year tloodplain. Large stands of native
Ponderosa pines. Abuts a closed landfill. Platted in phases between 1964 and
1992.
Rotchford Acres: Located on the eastern edge of the City. Fully developed
single-family residential lots generally exceeding one acre in size, served by
local access and residential collectors. No access to municipal wastewater
collection system. Rolling terrain abutting steep hills with drainage into
Saltese Creek. Saltese Creek is located within the. 100-year floodplain.
Platted in 1974.
SURROUNDING COMPREHENSIVE PLAN &ZONING
Subject Properties: Comprehensive Plan — Low Density Residential
Zoning — Urban Residential 3.5 (UR-3.5), Urban Residential 7 (UR-7)
Preservation of Existing Residential Subdivisions(UR-1 Interim Zoning)—FINDINGS 1 of 5
II. FINDINGS OF FACT AND CONCLUSIONS
COMPREHENSIVE PLAN:
Relevant provisions of the Spokane Valley Interim Comprehensive Plan are found in Chapter 6
(Housing) includes the Vision — "Spokane County is a community that provides the opportunity for a
variety of housing types and development patterns for all incomes and lifestyles while preserving the
environment and the character of existing neighborhoods."
Planning Principles
The following planning principles, developed through citizen participation efforts, form the basis for
development of the Urban Land Use Chapter:
• Compact urban forms should be encouraged that create a greater sense of 'community," with
pedestrian/bicycle-friendly settlement patterns.
• Neighborhood character should be preserved and protected.
• Jobs, housing, services and other activities should be within easy walking distance and shorter
commute times of each other.
• Communities should have a center focus that combines commercial, civic, cultural and
recreational uses.
• Streets, pedestrian paths and bike paths should contribute to a system of fully connected
routes.
• Communities should have a diversity of housing and job types that enable residents from a
wide range of economic levels and age groups to work and reside within their boundaries.
General Goals
UL.la Provide a healthful, safe and sustainable urban environment that offers a variety of
opportunities for affordable housing and employment.
UL.1b Create a future rich in cultural and ethnic diversity that embraces family and community values
and recognizes the interests of the whole community.
Goal UL.2 Maintain and enhance the quality of life in Spokane County through urban design
standards.
Policies
UL.2.1 Establish minimum performance standards within the zoning code for nuisances such as
noise, vibration, smoke, particulate matter, odors, heat and glare and other aspects as appropriate to
ensure compatibility with adjacent land uses and neighborhoods.
UL.2.2 The design of development proposals should accommodate and complement environmental
features and conditions, and preserve and protect significant cultural resources.
UL.2.6 Develop urban design "guidelines" that provide consistency of application for the design
review process. The guidelines should focus on the functional interrelationships between land use, site
design, neighborhood character and transportation systems.
UL.2.9 Develop neighborhood, subarea and community plans with specific design standards
that reflect and preserve community character.
UL.2.11 Promote linkage of developments with open space, parks, natural areas and street
connections.
Preservation of Existing Residential Subdivisions(UR-1 Interim Zoning)—FINDINGS 2 of 5
UL.2.12Enhance and preserve the site characteristics of residential development (existing trees,
watercourses, historic features and similar assets) through sensitive site planning tools such as
clustering, lot averaging, transfer of development rights and flexible setback requirements.
Goal UL.4 Encourage exemplary developments and creative design through the use of
performance standards.
Policy
UL.4.1 Allow flexibility and innovative design through the use of performance standards which
emphasize outcomes.
Goal H.1 Coordinate housing policies and programs with other jurisdictions, agencies and
neighborhoods.
H. 1,3 — 'Provide opportunities for early and continuous participation of citizens and neighborhood
groups in land use and community development planning processes."
H. 1.5 — "Encourage the creation and continued operation and effectiveness of neighborhood
associations through neighborhood and subarea planning programs.
Goal H-2 Reduce regulatory barriers and allow greater flexibility in the housing
development process.
Policy
H2.2- When developing housing regulations, consider the balance between housing affordability and
environmental quality, design quality and maintenance of neighborhood character.
H2.3. Develop consistent, precise, fair and enforceable regulations that maintain environmental quality
and public health and safety standards, while minimizing housing development costs.
Housing Policy H2.5. Provide incentives for safe and decent housing that is in close proximity to jobs,
transportation and daily activities.
Goal H.3a Develop a variety of housing options for all economic groups
Policy
H3.2 Ensure that the design of infill development preserves the character of the neighborhood.
Goal ED.5b Promote public/private partnerships that encourage innovation and creativity in the
economic expansion of our region.
Policy
ED.5.6 Review development regulations continuously to assure clarity, consistency, predictability and
direction. Provide opportunities for citizens to initiate amendments to inconsistent, outdated,
inappropriate or unnecessary or confusing regulations. Amendments shall be consistent with the
Comprehensive Plan.
NEIGHBORHOOD CHARACTER:
Ponderosa: Low density residential designed for on-premises maintenance of a limited number of
horses. Heavily wooded with rugged terrain in parts. Expansion to the west precluded because of the
Dishman Natural Area and terrain. Over 95% of lots fully developed. Some remain vacant because of
topography.
Rotchford Acres: Low density residential designed for on-premises maintenance of a limited number
of horses. Terrain is relatively flat east of Sullivan Road with steep hillside limiting any easterly
expansion. Equine easements provided on local streets. Subdivision is fully developed.
Preservation of Existing Residential Subdivisions(UR-1 Interim Zoning)—FINDINGS 3 of 5
Social Character: Well-organized and cohesive neighborhoods.
DESIGN QUALITY: Local access and residential collectors designed to accommodate lots of
approximately one acre. Direct access to public streets. Single-family housing is well-maintained
and designed for residential privacy. A limited number of large animals, especially horses is a design
theme in both neighborhoods.
Spokane Valley has not yet established performance or design standards to assure the quality
of residential design to preserve neighborhood character.
ENVIRONMENTAL QUALITY:
Wastewater. Limited access to public sewer in the Ponderosa. Balance of property relies on septic
systems. Rotchford Acres relies entirely on septic systems. Re-subdivision to increase residential
densities should not be permitted absent an organized wastewater collection and treatment system.
Potable Water. Ponderosa is served by Spokane County Water District#3, Rotchford by Vera Irrigation
Dist. #15, both Group "A" Community Water Systems. Re-subdivision to increase residential densities
will require adequate supply and pressure for domestic consumption and fire protection.
Stormwater: the Ponderosa subdivision has intermittent streams that drain to Chester Creek. The
contribution of to the rate and volume of flows from additional impervious cover resulting from re-
subdivision could result in an environmental damage as yet undetermined for which mitigation would
need to be established in a planned and coordinated manner. Similar concerns concerning drainage
which could affect Saltese Creek
Erodable soils: Both the Rotchford and Ponderosa subdivisions include or abut geological hazard
areas which require further evaluation prior to allowing additional residential densities.
Native Vegetation/habitat: Ponderosa includes areas of wildlife critical habitat for White Tail Deer and
threatened species.
Spokane Valley has not yet established performance or design standards to assure the
continued preservation of environmental quality in outlying areas with limited public
infrastructure and specific environmental conditions, such as steep slopes, intermittent
flooding and highly erodable soils.
PUBLIC HEALTH & SAFETY:
Access: Ponderosa: Property lies west of the Union Pacific Railroad with only two points of access.
Additional access should be required prior to any increase in residential densities for evacuation and
emergency services.
Animal Maintenance: The requirements for the maintenance and upkeep of even a limited number of
large animals raises issues of compatibility resulting from noise, odor, proximity to residential
structures, flies, etc.. These issues are compounded with increased residential densities and
requirements for buffering for any additional residential densities may be required.
Landfill: Ponderosa: The proximity of a closed landfill to an increased number of residences requires
additional study.
Spokane Valley has not yet established performance or design standards to assure continued
compatible principal and accessory land uses within residential neighborhoods.
PUBLIC NOTICE:
Current property owners purchased property with notice of existing regulations pertaining to the
keeping of large animals. The Short Plat process requires notice only to adjacent property owners.
Preservation of Existing Residential Subdivisions(UR-1 Interim Zoning)—FINDINGS 4 of 5
N /'
COMPLIANCE WITH THE STATE ENVIRONMENTAL POLICY ACT (SEPA): Ordinance No. 48 (effective
March 31, 2003) adopted on an interim basis by reference the Spokane Environmental Ordinance
(Spokane County) thereby implementing the State Environmental Policy Act (SEPA) and Chapter 197-
11 of the Washington Administrative Code (WAC) within the jurisdictional limits of the City of
Spokane Valley. An Environmental checklist was completed and a Determination of Non-Significance
was issued on April 26, 2004. Conclusions were based on the finding that a regulation preserving the
status quo would have no adverse environmental impact.
Conclusion(s):
Permitting piecemeal increase in residential densities without the establishment of
performance and design standards raise serious issues related to preservation of
neighborhood character and design, maintaining environmental quality, public health and
safety, and the adequacy of public notice, which require additional study prior to the
establishment of permanent regulation.
III. DECISION
The Ponderosa and Rotchford Acres should be zoned UR-1 (see Exhibits "A" and "B" attached)
on an interim basis pursuant to RCW 35A.63.220 following a public hearing before the Planning
Commission, pending resolution of issues identified above. Resolution of issues shall be
accomplished in accordance with the Workplan attached as Exhibit "C."
Adopted by the Spokane Valley City Council this / day of August, 2004.
11114k
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Michael DeVleming, Mayor
9e
ATTEST.
C : 1 n. g di-
Christine Bainbridge, City Cle
Preservation of Existing Residential Subdivisions(UR-1 Interim Zoning)—FINDINGS 5 of 5
Chapter 14.605 EXHIBIT "A"
RESIDENTIAL ZONES MATRIX
•
RR-10 SRR-6 I SRR-2- 1 SR-1 1 SR-113 UR-1 UR-3.5 UR-7 UR-12 UR-22
14.605.020 RESIDENTIAL USES
Accessory Structure(s) P-Acc(1) P-Aoo(1i, P-Ao (-I4 P-Adc(1) P-Acc1:11 P•Ayga+ P-Acc(1) P-Acct)
'Billboard N N- N N N N N N N N
Caretakers residence P(1) PO) _ PO N- N N _ N N N N
Clustered housing PUD only
Community residential facility(8 or less residents) N N- N P P- P P N N N
Community residential facility, greater than.8 residents,
no more than 25) N N- N- N N N N P P P
Community treatment facility(8 or less residents) N N- N C U c U-- (;,...y. C tl N N N
Community treatment facility. greater than 8 residents
no more than 20) N N- N N N N N C U C U C U
+
Conditional residential accessory unit C.0(1) C-44-(-14. G WA) C U-41) G-41,44-) Cjtj C U(1) N N N
Density bonus(under Chapter 14 704) N N N PUS PUB N PUD PUD PUD PUD
Dependent Relative manufactured(mobile)home P-Acc(11 P-Aod(I) P-Acc41-) P-+4ee-4-13 N N N N N N
Dormitory P P P P- P- N P P P P
'Duplex P P P- P- P N P P P P
Fraternity.soronty P P P- P- R N P P P P
Home Industry C U C.U- C U. C,U- C-U-- N C U N N N
Home profession _P-Acc.(4) P-Aes 4) P-Aoc44)_ P-Add-(4) R-Ac�:4• P-1gr4 L4) P-Acc(4) P-Acc(4) P-Acc(4) P-Acc(4)
Household pets P P P P- P P P P P P
Manufactured(mobile)home P(2) P42) P(2) P42) P(2) P2) P(2) P(2) P(2) N
Manufactured(mobile)home perk P(2) P424 - P(2) P(2) P(2) N P(2) P(2) P(2) P(2)
Multifamily dwelling N N- N N N N N P P P
Nursing home, convalescent home N N N N N- N N P P P
Prison,Jail.or Institution C U N- N N N- N N N N N
'Private repeater facility P P- P P P- P P P P P
Retiremenuelderty apartment N N- N N N N N P P P
Single-family dwelling. new P P- P- P P _P P P P P
Solar collector&associated sys P-Acc P-Ace P-Ara; P-Acc P-Aop P Acc P-Acc P-Acc P•Acc P•Acc
Transitional community faalrty(8 or less residents) N N N C , C U C U C U N N N
Transitional community faality(greater than 8 residents,
no more than 20 residents) N N N _ N- N- N N C U C.0 C U
Tower, private P-Acc(1) P-Aoc(14 P-Aoc(-1) P-.Acc{14 P-Acc 4a-) F-Agc,(1 r P-Acc(1) P-Acc(1) P-Acc(1) P-Acc it)
14.605.040 USE Publid$emi-Pub(Ic
Adult Entertainment establishment N N N N N- N N N N N
Adult Retail Use Establishment N N N N N- N N N N N
Archery, rifle,gun.pistol ranges/clubs CU C U- 14 N• N N N N N N
Business or professional office N N- N N N N N N P P
Cemetery C U C-U- N N N- N N N N N
Church and parsonage P P P- R P P P P P p
P Permitted
P(4)Definition P(1)Chap 14 615-14 622 standards
N Not permitted P-(Acc) Permitted accessory P(2)Chap 14 808
(1)Specific standards (1)Specific standards C U(1 I Chap 14 816
Chapter 14.605 EXHIBIT "A"
RESIDENTIAL ZONES MATRIX
RR-10 SRR-1 SRR-2- SR-1- SR-1I2 UR-1 UR-3.5 UR-7 UR-12 UR-22
Commercial composting storage/processing C.0 N N N N N N N N N
Community hall, club, or lodge P(1) P4-14 P{1) P{11 Pis) P11i_ P(1) P P P
Community recreational facility P-Acc(1) P A (1-) P-moo) P-Aoe f 1) P-Aoc(11 P-Acc.(t) P-Acc(1) P-Acc(1) P-Acc(1) P-Acc(1)
Community transit center P(1) , P{4) WI) P41) Pit) N P(1) + P(1) P(1) P(1)
Day care center N N- N- N N 14 N C U C U
Day care center(in a church or a public or private
school) P(1) P(t) P(-1) P(4) PE1-) p(1) P(t) P(1) P(1) P(1)
Exercise facility/gym athletic club) N N N N- N N_ N N N P(1)
Family day care home P R P P P P P P P P
Fire station P p P P P P P P P p
-Goff course P(1) P{1) Pt 1 i P P N P N N N
Golf driving range/training center N N N Pl N- N N N N P111
Hospital C U p p P P N P P P P
Incinerator C.U. N N N N N N N N N
Landfill C U _ N N N N N N N N N
Ltorary P P P I P P N P P P P
Medical Office N N N N N N N N N P
Mini-day care center(in a dwelling) p R P _ P P P P P P P
Mini-day care center(not in a dwelling) N N N- N- N N N N P P
Nonmotorized trail system C U GU- N- N- N N N N N N
Nursery school P P R P p P P P P P
Park-and--nde facility P(1) P(4) R{1) P(-t-) p•44 N P(1) P(1) P(1) P(1)
Park. public(including caretakers residence) P p p p P E P P P P
Post office p p p p P E P P P P
Public utility local dis nbution P P p P R E P P P P
Public utility transmission facility P(1) P(1) 1441) Pit) P(i) Ell) P(1) Pill P(1) P(1)
Racetracks C.0 N N- N N N N N N N
Recreational area, commercial N N- N N N N N N N N
Sanitarium C U P N N N N N N N N
Schools-public and private
1 kindergarten P p p A P P P P P P
2 elementary P _ R P P P P P P P P
3 middle P P P P P [ P P P P
_
4 junior high P P P P P P. P P P P
5 high P p P p p N N N P P
6.junior college P P P R P N P P P P
7 college or university P R _ P P P tl P p p p
8 Expansion of existing structure on adjacent
property P P P p P P P P P P
Sewage sludge rand application P(1) C U- N- N- N- N N N N
Sobd waste hauler N N N- N- N- N N N N N
P Permitted
P(4)Definition P(1)Chap 14.815-14.622 standards
N Not permitted P•(Acc.)Permitted accessory P(2)Chap 14.808
(1)Specific standards (1)Specific standards C.0(1)Chap 14.816
Chapter 14.605 EXHIBIT "A"
RESIDENTIAL ZONES MATRIX
RR-10 SRR-6 SRR-2 SR-1 SR-112- UR-1 UR-3.5 UR-7 UR-12 UR-22
Solid waste recycling/transfer site P(1) P41-) P41) C-U-- C-U- N N N N N
Solid waste recycling/transfer site C.U. C-U.- CU- C-U- CU N N _ N N N
Tower P(1) Pit) C-U- C-U- C U N N N N N
Video Board N N- N N N N N N N N
Wireless Communication Antenna Array P-Acc.(1) P.Aoc.E1) a-Aec41) P-Ace-fi-) P-Acc(1) P-Acc(1) P-Acc.(1) P-Acc(1'1 P-Acc(1) P Acc(1)
Wifeless Communication Support Tower C U C.U. _ C-U-- C-U- CU- C U. C.0 C U C.0
14.605.060 USE•Agricultural,Silvicuttural,and
Agriculture-Related
Agricultural processing plant warehouse P P N N N- N N N N N
Agricultural product stand P(1) P(1) PO) Pi-1i N N N N N N
Airstrip for crop dusting/spraying N N N N N N N N N N
Airstrip.personal P(1) P44) N N N N N N N N
Airstrip,private C U C-U-- N N N- N N N N N
Animal clinic large/small veterinary C U. C.U. GU N- N- N N N N N
Animal clinic•vetennary•small animals C U C-U- G-U- N N N N r N C.0 P(1)
Animal,Wildlife Rehabiirtatron/Scientrfic Research P(I) P4-14 N- N N N N N N N
Animal raising and/or keeping P(1) P411 , P41) P4-i-) Pr-1-) PW N N N N
Beekeeping, commercial P P P-Act 41) P-Aoc4.1-) N- N_ N N N N
Beekeeping, hobby P P P-Acc 414 P-Aoa414 P-AsG4-1-) 11.-. 4.(2.)Ac P•Acc(1) N N N
Circus N N- N N N- N N N N N
Cultivation of land commercial P P P P N- N N N N N
Dairy N N N- _ N- N N N N N N
Farm machinery sales&repair P N N N N N N N N N
Feed lot N N N At N N N N N N
Feed mill P N N N- N N N N N N
Fish hatchery P P N N N N N N N N
Floriculture flower growing P P P P P--Aix N N N N N
Gardening P P P P P P P P P P
Gasohol plant P(1) P41) N- N N N N N N N
Grain elevator P P N- N N- N N N N N
Grazing P P P P N N N N N N
Greenhouse- commercial P P P P N N N N N N
Hazardous waste treatment/storage off•srte N N- N N N N N N N N
Hazardous waste treatment/storage on-site P•Acc.(1) N N N N N N N _ N N
Horse boarding and training P P N• N- N P(1) N N N N
Horticulture vegetable growing P P P P P-Ace- N N N N N
Inherently Dangerous Mammal/Reptile Keeping P(1) C-U-- N- N N- N N N N N
Kennel C U. C-4J- N N N- N N N N N
Kennel, private C U C.U- 6-11- C-U- C-U- _, Cjj.. C U N N N
Nursery-wholesale PP P P N N N N N N
P Permitted
P(4)Definition P(1)Chap 14,815-14.622 standards
N Not permitted P-(ACC.)Permitted accessory P(2)Chap 14 808
(1)Specific standards (1)Specific standards C.U.(1)Chap 14 816
I
Chapter 14.605 EXHIBIT "A"
RESIDENTIAL ZONES MATRIX
RR-10 SRR-6- SRR-3- SR-1 SR-1/2 UR•1 UR-3.5 UR-7 UR-12 UR-22
Orchard P P P P N N N N N N
Pigeon,performing/show P-Acc(1) P-Asc(1) P-AeG-(-1-) P-Acc-(4) P-A—(-1-} P-ACC(1) P-Acc.(1) N N N
Riding stable P P N N N N N N N N
Sawmill and lumber mill P(1) P{1) N N N N N N N N
Transient-agricultural labor residence N N P4 N N- N N N N N
Tree farming P P P N- N- N N N N N
Tnick gardening P P P P N N N N N N
Vineyard P P N N N N N N N N
Winery C LI C-U- N N N N N N N N
/-ooiogicai Park P(1) P(1) N N N N N N N N
P Permitted
P(4)Definition P(1)Chap 14 615-14 622 standards
N Not permitted P-(Acc)Permitted accessory P(2)Chap 14 808
(1)Spec standards (1)Specific standards C U(1)Chap 14 816
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