Ordinance 12-028 Amends SVMC 19.40 et al CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 12-028
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTIONS
19.40.070, 19.40.080, 19.60.070 AND 19.60.080 TO INCLUDE STANDARDS FOR
MULTIFAMILY DEVELOPMENT WHEN IT IS ADJACENT TO SINGLE-FAMILY
DEVELOPMENT,AND OTHER MATTERS RELATED THERETO.
WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley
Municipal Code(SVMC)Title 19, pursuant to Ordinance 07-015; and
WHEREAS, on October 28,2007, SVMC Title 19 became effective;and
WHEREAS, such regulations are authorized by RCW 36.70A;and
WHEREAS, the amendments set forth below are consistent with the goals and policies of the
City's Comprehensive Plan; and
WHEREAS, on September 5, 2012, the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106, providing an expedited 14-day notice of intent to adopt amendments to the
Spokane Valley Municipal Code; and
WHEREAS, on September 13,2012,the Planning Commission held a study session; and
WHEREAS, on September 21,2012 and September 28, 2012,notice of the Planning Commission
public hearing was published in the Valley News Herald; and
WHEREAS, SVMC 19,40.070, 19.40.080, 19.60.070 and 19.60.080, as amended, bear a
substantial relation to the public health, safety and welfare and protection of the environment; and
WHEREAS, on October I1, 2012, the Planning Commission held a public hearing, received
evidence, information, public testimony, and a staff report with a recommendation followed by
deliberations and provided a recommendation; and
WHEREAS, on October 23,2012, City Council reviewed the proposed amendments; and
WHEREAS, on November 8, 2012, the Planning Commission approved the findings and
recommendations;and
WHEREAS, on November 13, 2012, City Council considered a first ordinance reading to adopt
the proposed amendment.
NOW,THEREFORE,the City Council of the City of Spokane Valley do ordain as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend Spokane Valley Municipal
Code sections 19.40.070, 19.40.080, 19.60.070 and 19.60.080.
Section 2. Findings. The City Council acknowledges that the Planning Commission
conducted appropriate investigation and study, held a public hearing on the application and recommends
approval of the amendment. The City Council hereby adopts the findings of the Planning Commission,
specifically that:
Ordinance 12-028 Page 1 of 6
Growth Management Act Policies
1. The Washington State Growth Management Act (GMA) provides that each city
shall adopt a comprehensive land use plan and development regulations that are
consistent with and implement the comprehensive plan.
Countywide Planning Policies
2. The Countywide Planning Policies (CWPP) are based on principles developed
through a lengthy citizen participation process. One of the guiding principles
coming out of that process was the importance of protecting neighborhood
character. For most citizens, neighborhood character is one of the primary
ingredients in their perceived quality of life. It is the intent of the CWPP to
maintain neighborhood character and prevent neighborhoods from suffering the
negative effects of growth.
City of Spokane Valley Goals and Policies
3. The City of Spokane Valley has adopted goals and policies consistent with the
GMA and adopted CVVPP.
a. Goal LUG-1: Preserve and protect the character of Spokane Valley's
residential neighborhoods.
b. Policy LUP-1.1: Maintain and protect the character of existing and future
residential neighborhoods through the development and enforcement of the
City's land use regulations and joint planning.
c. Policy LUP-1.2: Protect residential areas from impacts of adjacent non-
residential uses andfor higher intensity uses through the development and
enforcement of the City's land use regulations and joint planning.
d. Policy LUP-1.3: Review and revise as necessary, existing land use
regulations to provide for innovation and flexibility in the design of new
residential developments,accessory dwelling units and in-fill development.
e. Policy LUP-2.4: Residential development should be designed to provide
privacy and common open space. Open space areas shall be proportionate to
the size of the residential development.
f. Policy HP-1.3: Establish development regulations and incentives for greater
diversity of housing types, costs and designs, that may include bonus
incentives, clustering, and transfer of development rights.
Section 3, Spokane Valley Municipal Code sections 19410.070, 19.40.080, 19.60.070 and
19.60.080 are amended to include the following requirements to the Supplemental Permitted Use
Regulations:
19.40.070 NIT-1 —Medium Density Multifamily Residential district.
A. The Medium Density Multifamily Residential (MF-1)designation represents an opportunity to provide
a range of housing types to accommodate anticipated residential growth. The increase in population,
decline in average family size, and increased cost of single-family homes have created increased
demand for new housing types.Multifamily residential zones with densities not to exceed 12 units per
acre should be used as transitional zoning between higher intensity land uses such as commercial and
office to lower density single-family neighborhoods.Additionally, medium density residential areas
should be located near services and high capacity transit facilities or transit routes. (Ord. 07-015 § 4,
2007).
B. Supplemental Permitted Use Regulations
1. Multi-family adjacent to Single-Family Residential uses or zoning
a. A relational height limit to single residential uses or zone is established(see Figure 1)
Ordinance 12-028 Page 2 of 6
i. Where new multi-family development is abutting an adjacent parcel with a single-family
use or zone,the height of the new multi-family development may not increase by more than
45 degrees when measured from the angle that originates at 25 feet above the applicable
property line(creating a 1 to 1 height-to-setback ratio)to the abutting single-family use or
zone.
b. The minimum setback from a single-family use or zone shall be 10 feet from property line.
19,40.080 MF-2—High Density Multifamily Residential district.
A. The High Density Multifamily Residential (MF-2)designation represents an opportunity to provide a
range of housing types to accommodate anticipated residential growth with densities not to exceed 22
units per acre. Multifamily residential zones should be used as transitional zoning between higher
intensity land uses, such as commercial and office,to medium and lower density single-family
neighborhoods. High density residential areas should be located near services and high capacity transit
facilities or transit routes. (Ord. 07-015 § 4,2007).
B. Supplemental Permitted Use Regulations
1. Multi-family adjacent to Single-Family Residential uses or zoning
a. A relational height limit to single residential uses or zone is established(see Figure 1)
i. Where new multi-family development is abutting an adjacent parcel with a single-family
use or zone, the height of the new multi-family development may not increase by more than
45 degrees when measured from the angle that originates at 25 feet above the applicable
property line(creating a 1 to 1 height-to-setback ratio)to the abutting single-family use or
zone.
b. The minimum setback from a single-family use or zone shall be 10 feet from property line.
19.60.070 MUC,Mixed Use Center district.
A. The Mixed Use Center designation allows two or more uses on a site that can either be vertically or
horizontally mixed and includes employment,lodging, and retail along with higher density residential
uses.
B. Supplemental Permitted Use Regulations.
1. The outdoor storage provisions contained in SVMC 19.60.050(B)(3) shall apply to the MUC
district.
2. Front and flanking street yard setbacks shall be 20 feet,except as otherwise provided.
3. Projects with residential components shall provide 210 square feet of open space per dwelling
unit conforming to the requirements of SVMC 19.40.020(E)and eligible for reduction for
improvements on the same basis;provided,that:
a. The requirement does not apply to the development of less than 10 new dwelling units; and
b. Additional open space is not required for residential development located within 1,300 feet of
a public park.
A fee in lieu of land dedication may be assessed for the development of public parks and open
spaces to meet the needs of the residents of this district.This assessment will be determined by
the council and reviewed on an annual basis.
4. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics;
provided,that:
a. There are no outside runs or areas;
Ordinance 12-028 Page 3 of 6
b. The structure(s)housing animals is adequately soundproof to meet the requirements of
Chapter 173-060 WAC;
c. One parking stall provided for every 10 animal confinement areas; and
d. Compliance with noise standards for a commercial noise source as identified by WAC 173-
60-040 has been demonstrated by the applicant. (Ord. 08-002§ 1, 2008; Ord. 07-015 § 4,
2007).
5. Multi-family adjacent to Single-Family Residential uses or zoning
a. A relational height limit to single residential uses or zone is established(see Figure 1)
i. Where new multi-family development is abutting an adjacent parcel with a single-family
use or zone, the height of the new multi-family development may not increase by more
than 45 degrees when measured from the angle that originates at 25 feet above the
applicable property line(creating a 1 to 1 height-to-setback ratio)to the abutting single-
family use or zone.
b. The minimum setback from a single-family use or zone shall be 10 feet from property line.
19.60.080 CMU,Corridor Mixed Use district.
A. The Mixed Use Center designation allows two or more uses on a site that can either be vertically or
horizontally mixed and includes employment, lodging, and retail along with higher density residential
uses.
B. Supplemental Permitted Use Regulations.
1. The outdoor storage provisions contained in SVMC 19.60.050(B)(3) shall apply to the MUC
district.
2. Front and flanking street yard setbacks shall be 20 feet, except as otherwise provided.
3. Projects with residential components shall provide 210 square feet of open space per dwelling
unit conforming to the requirements of SVMC 19.40.020(E)and eligible for reduction for
improvements on the same basis; provided,that:
a. The requirement does not apply to the development of less than 10 new dwelling units; and
b. Additional open space is not required for residential development located within 1,300 feet of
a public park.
A fee in lieu of land dedication may be assessed for the development of public parks and open
spaces to meet the needs of the residents of this district.This assessment will be determined by
the council and reviewed on an annual basis.
4. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics;
provided,that:
a. There are no outside runs or areas;
b. The structure(s) housing animals is adequately soundproof to meet the requirements of
Chapter 173-060 WAC;
c. One parking stall provided for every 10 animal confinement areas; and
d. Compliance with noise standards for a commercial noise source as identified by WAC 173-
60-040 has been demonstrated by the applicant. (Ord. 08-002 § 1,2008; Ord. 07-015 §4,
2007).
5. Recycling facility; provided, that:
a. All recyclable materials and equipment must be contained indoors;
b. All activities must meet the noise requirements of SVMC 7.05.040(L);
Ordinance 12-028 Page 4 of 6
c. When adjacent to an existing residential use or residential zone, screening in SVMC
22.70,030(B) shall be required;
d. The site must have frontage on an existing arterial or state highway and access will be limited
to such frontage; and
e. No dangerous or hazardous materials as defined in Appendix A shall be recycled or
processed on site. (Ord. 11-021 § 1, 2011; Ord. 08-002 § 1,2008; Ord. 07-015 § 4, 2007).
6. Multi-family adjacent to Single-Family Residential uses or zoning
a. A relational height limit to single residential uses or zone is established (see Figure 1)
i. Where new multi-family development is abutting an adjacent parcel with a single-family
use or zone, the height of the new multi-family development may not increase by more
than 45 degrees when measured from the angle that originates at 25 feet above the
applicable property line(creating a 1 to 1 height-to-setback ratio)to the abutting single-
family use or zone.
b. The minimum setback from a single-family use or zone shall be 10 feet from property line.
Figure 1: Relational Height
Limit
1 /J,
4 PROPERTY LINE /
I PLAN AREA 1
BOUNDARY
1 /
/
Height Limit ,r 50'
Setback=height-251 I ar:{
.gym`i
35'
25'1
Single—family f
use or zone 10 min.
setback
Section 4. All other provisions of Spokane Valley Municipal Code Title 19 not specifically
referenced herein shall remain in full force and effect.
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
Ordinance 12-028 Page 5 of 6
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause,
or phrase of this Ordinance.
Section 6. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane
Valley as provided by law.
Passed by the City Council this 1111 day of December,20"
C .` TT. Mayor, Thomas E.Towey
(-City City Clerk, Christine Bai 'ridge
Approved as to rm:
4404LE
Office of ie City ney
Date of Publication; / 2 --2 -,;(711,--R
Effective Date: - _ d,!
Ordinance 12-028 Page 6 of 6
ATTACHMENT A
FINDINGS AND RECOMMENDATIONS
OF THE SPOKANE VALLEY PLANNING COMMISSION
October 11,2012
The following findings are consistent with the Planning Commission's decision to recommend approval.
Background:
1. Spokane Valley development regulations were adopted in September 2007 and became effective on
October 28, 2007.
2. A proposed city initiated code text amendment proposing to amend Spokane Valley Municipal Code
(SVMC) 19.40.070, 19.40.080, 19.60,070 and 19.60.080 to include standards for multi-family
development when it is adjacent to single-family development.
3. The Planning Commission held a public hearing on October 11,2012. The Planning Commission
approved the following amendment to SVMC 19.40.070, 19.40.080, 19.60.070 and 19.60.080.
Planning Commission Findings:
I. Compliance with SVMC 17.80.150F Approval Criteria
a. The proposed city initiated code text amendment is consistent with the applicable provisions of
the Comprehensive Plan;
Findings):
i. Goal LUG-1: Preserve and protect the character of Spokane Valley's residential
neighborhoods.
ii. Policy LUP-1.1: Maintain and protect the character of existing and future residential
neighborhoods through the development and enforcement of the City's land use regulations
and joint planning,
iii. Policy LUP-1.2: Protect residential areas from impacts of adjacent non-residential uses
and/or higher intensity uses through the development and enforcement of the City's land use
regulations and joint planning.
iv. Policy LUP-1.3: Review and revise as necessary, existing land use regulations to provide for
innovation and flexibility in the design of new residential developments, accessory dwelling
units and in-fill development.
v. Policy LUP-2.4: Residential development should be designed to provide privacy and
common open space. Open space areas shall be proportionate to the size of the residential
development.
vi. Policy HP-1.3: Establish development regulations and incentives for greater diversity of
housing types, costs and designs, that may include bonus incentives, clustering, and transfer
of development rights.
b. The proposed city initiated code text amendment bears a substantial relation to public health,
safety,welfare,and protection of the environment;
Finding(s):
i. The proposed city initiated code text amendment will assist in mitigating the impacts to
single-family residential development when it is adjacent to new multi-family development.
Findings and Recommendations of the Spokane Valley Planning Commission Page 1 of 2
ATTACHMENT A
ii. The public health, safety, welfare,and protection of the environment are furthered by
ensuring that the City's development regulations are consistent with goals and policies in the
adopted Comprehensive Plan.
2. Conclusion(s):
a. The proposed city initiated code text amendment is consistent with the City's adopted
Comprehensive Plan and the approval criteria contained in the SVMC 17.80.150F.
b. The Growth Management Act(GMA)stipulates that the comprehensive land use plan and
development regulations shall be subject to continuing review and evaluation by the City.
Recommendations:
The Spokane Valley Planning Commission therefore recommends approval to the City Council of
proposed city initiated code text amendments to SVMC 19.40.070, 19.40.080, 19.60.070 and 19.60,080 as
attached.
App•i , this 11"'day of De i ber, 2012
•
Bill Bates,Chairman
ATTEST
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� _r /! '� .
Dea• 'a Griffith, Administr. ''• Assis ant
Findings and Recommendations of the Spokane Valley Planning Commission Page 2 of 2