Ordinance 05-025 Extending UR-1 Interim Zoning in Ponderosa & Rotchford CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 05-025
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
EXTENDING TiHE URBAN RESIDENTIAL ESTATE (UR-1) iNTEREM
ZONING AUTHORIZED BY ORDINANCE NO. 04-035 FOR AN
ADDITIONAL SiX MONTHS IN THE PONDEROSA AND ROTCHFORD
AREAS AND AMENDING THE. WORKPLAN AND DECLARING AN
URGENCY AND EMERGENCY NECESSITATING THE IMMEDIATE
ADOPTION OF THE ORDINANCE AND . FURTHER THAT THE
ORDINANCE SHALL BE EFFECTIVE UPON ADOPTION
WHEREAS, The Growth Management Act provides that all zoning regulations be consistent with
an adopted Comprehensive flan (RCW 35A.63.105); and
WHEREAS, RCW 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,the Spokane Valley Comprehensive Plan is not yet complete;
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 revision of the 100-year floodplain is still under development by the Federal
Emergency Management Agency(FEMA); and
WHEREAS, various studies required to complete the analysis of the environmental impacts
remain incomplete; and
WHEREAS, the neighborhoods desire to continue the interim Zoning until such time as full
analysis has been completed; and
WHEREAS, the City of Spokane Valley Planning Commission held a public hearing on the
proposed six month extension of time on August 25, 2005, and has recommended approval of a revised
Findings of Fact and workplan; and
WHEREAS, Ordinance 04-035 will no longer be effective after September 8, 2005,and
WHEREAS, There is not sufficient time to present to the council an Ordinance extending the
effective date of Ordinance 04-035 unless such Ordinance is passed at the next scheduled City Council
meeting of September 6, 2005 and is effective immediately upon adoption, and
WHEREAS, in the event that this Ordinance providing for the extension of Interim Urban Estate
(UR-1) Zoning is not effective until some time after the last effective date of Ordinance 04-035,
applications for future specific developments after the effective date of Ordinance 04-035 and prior to the
effective date of Ordinance 05-025, would result in development which is inconsistent with the Interim
Comprehensive Plan for the City of Spokane Valley, and which would undermine the effectiveness and
Ordinance 05-025,Extending Interim UR-1 Zoning Page I of2
purpose of the draft Comprehensive Plan and other analysis currently being conducted and spccifical ly
referenced in the Finding of Fact and Work Plan referenced above, and
• WI-iEREAS, such applications under the circumstances set forth above would impair public
health, public safety, public property and public peace,
NOW THEREFORE., the City Council of the City of Spokane Valley, Washington, ordains as
follows;
Section 1. The Interim Urban Residential Estate (U.R-l) Zoning is hereby extended for an additional
six month period within the original boundaries set forth in Spokane Valley Ordinance No 04-035-
, Section 2- An emergency is hereby declared making immediate passage of this ordinance necessary to
protect the public health, public safety, public property and public peace and further making this
ordinance effective immediately upon passage-
Section 3. 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
ord inance.
Section 4. Effective Date. This Ordinance shall be in full force and effect upon adoption as is set. forth
for emergency ordinances in RCW 35A.12.130-
PASSED by the City Council this 6] day of September, 2005.
adAk:CL l■ KkL)
Mayor, Diana Wilhite
A sT
City Clerk, Christine Bainbridge
Approved as to Form:
O ice o City Atoin
Date of Publication: September 16, 2005 •
Effective Date; September 6. 2005
•
Ordinance 05-025, Extending Interim UR-t Zoning Page 2 oft
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Exhibit "C"
REVISED UR-1 Interim Zoning Work Plan
0:M I wa aN t1r01 cal re. aroa 04 OS ofek
ID Task Name Staff Finish Dumber t - - -
M# A dAI ..9 >� OvIfra.� 5r._Jin_Aeiwr bl.�_A_ Ai �„l �_ OdINo._ fk ' AM
I Neighborhood Character 4/30/2004 12/30/2005 17.2w r V
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Comprehensive Pion 4/3012094 12130/2005 87.2w ' - _ - - - __ - — - - -•Adopted
3 Design Quality 10/19/2004 12130/2005 62 6w 1 - - -
4 Environmental Quality 9/19/2005 512012007 104.1w V
~5 I Chester Crock Re-map 9/19/2005 7/212007 932w
6 Saltese Creak Re-Map 11/28/2005 9/202007 94.8w r ---.1
7 Public Health/Safety 7/1/2005 5/4/2007 15.2w V
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8 Hazard Mrtpabon Access 718/2005 514/2007 95 2w -
9 Public Notice 12/9/2004 21282006 63 8w _
10 Regulatory Review 12/21/2005 2/24/2006 !w WIMIar
11 Crimp Ptan Rags Draft 12/26/2005 2/24/2006 9w
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I♦ Original Tasks
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•`' DEPARTMENT OF COMMUNITYDEVELOPMENT
J
Siökane
FINDINGS OF;FACT Y� , _
REVISED,AUGUST.1 , 2005 y
p
��a e� EXTENSION OF INTERIM URBAN RESIDENTIAL ESTATE
4, x
,, ,�„' ` (UR-1)ZONING FOR SIX:MONTHS : t
STAFF REPORT DATE: August 1, 2005 •
• PROPOSAL DESCRIPTION: Extension of interim zoning controls to limit residential densities for a period
of six months, and to continue practice of allowing the keeping of large animals on residential lots.
PROPOSAL LocATIoN: Portions of the Ponderosa and Rotchford residential subdivisions.
PREPARED BY: Marina Sukup, AICP, Director, Spokane Valley Community Development Dept.
I. • BACKGROUND INFORMATION
PROPERTY INFORMATION: .
Size & • Ponderosa: Located adjacent to Browne's Mountain on the southern edge of
•Characteristics ,;;: the City, neighboring the Dishman Natural Area on the northwest and the Iller
' y . , ••• Conservation area on the south. Fully developed single-family residential lots
3;' 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 floodplain. Large stands of native
< Ponderosa pines. Abuts a closed landfill. Platted in phases between 1964
' • >Y and 1992.
Rotchford: 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•
:: ' F collection system. Rolling terrain abutting steep hills with drainage into
-' Saltese Creek. Saltese Creek is located within the 100-year floodplain.
ati: .•,,: _
°'.> Platted in 1974.. .
K •
Both subdivisions were originally platted as residential subdivisions designed
' .: for the keeping of a limited number of horses.
SURROUNDING COMPREHENSIVE PLAN &ZONING
Subject .M Z: . Comprehensive Plan — Low Density Residential
Propertiesa' r.,
'" `, Zoning — Interim UR-1 Residential Estate
Preservation of Existing Residential Subdivisions(UR-1 Interim Zoning)
FINDINGS Revised
August 1,2005
1 of 5
II. FINDINGS OF FACT AND CONCLUSIONS
INTERIM 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.1 b 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 Revised
August 1,2005
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UL.2.12 Enhance 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 northwest precluded because
of the Dishman Natural Area and terrain. Over 95% of lots fully developed. Some remain vacant
because of topography. •
Rotchford: 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 Revised
August 1,2005
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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.
The Spokane Valley Comprehensive Plan is under review. Spokane Valley has not yet
established performance or design standards to assure the quality of residential design to
preserve neighborhood character pursuant to this Plan.
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. #14, 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. A significant stream traversing the neighborhood has been
reclassified as a Type 4 stream by the Department of Natural Resources Division of Fish and Wildlife.
The implications of this change have not been assessed. The Federal Emergency Management +.
Agency proposes to release draft floodplain maps affecting Chester Creek (Ponderosa) in the Fall of
2005. Similar remapping of Saltese Creek is expected in early 2006.
Erodible 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.
The Spokane Valley Comprehensive Plan is under review. 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 erodible 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. The evaluation of access will be incorporated in the Natural Hazard Mitigation
Plan under development by the City of Spokane Valley in the Fall and Winter of 2005-2006.
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.
The Spokane Valley Comprehensive Plan is under review. Spokane Valley has not yet
established performance or design standards to assure continued compatible principal and
Preservation of Existing Residential Subdivisions(UR-1 Interim Zoning)
FINDINGS Revised
August 1,2005
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accessory land uses within residential neighborhoods in conformance with the draft
Comprehensive Plan.
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.
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 Interim UR-1 Residential Estate Zoning adopted pursuant to Spokane Valley Ordinance 04-
035 should be extended for an additional six months pending completion of environmental
review and the development of performance and design standards to preserve neighborhood
character, maintain environmental quality, and to ensure the continued health, safety and
welfare of the areas pursuant to RCW 35A.63.220 following a public hearing before the Planning
Commission. Resolution of issues shall be accomplished in accordance with the revised
Workplan attached as Exhibit "C."
•
Preservation of Existing Reskiential Subdivisions(UR-1 Interim Zoning)
FINDINGS Revised
August 1,2005
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