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Ordinance 13-003 Townhouses in NC CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 13-003 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 19.120, APPENDIX 19-A SCHEDULE OF PERMITTED USES, AND TABLE 19.60-1, COMMERCIAL DEVELOPMENT STANDARDS TO ALLOW TOWNHOUSES AS A PERMITTED USE IN THE NEIGHBORHOOD COMMERCIAL ZONE, AND OTHER MATTERS RELATING 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 January 16, 2013, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing a 60-day notice of intent to adopt amendments to Spokane Valley development regulations; and WHEREAS, on January 24,2013,the Planning Commission held a study session;and WHEREAS, on February I, 2013 and February 8, 2013, notice of the Planning Commission (Commission)public hearing was published in the Valley News Herald; and 'WHEREAS, on February 14, 2013, the 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 February 28, 2013,the Commission approved the findings and recommendations; and WHEREAS, on March 5, 2013, City Council reviewed the proposed amendment;and WHEREAS, on March 26, 2013, City Council considered a first ordinance reading to adopt the proposed amendment, and WHEREAS, on April 9, 2013, City Council considered a second ordinance reading to adopt the proposed amendment, and WHEREAS, SVMC 19.120 and 19.60-1, as amended, bear a substantial relation to the public health, safety and welfare and protection of the environment. NOW,THEREFORE,the City Council of the City of Spokane Valley do ordain as follows: Ordinance 13-003 Page 1 of 3 Section 1. Purpose The purpose of this Ordinance is to amend SVMC 19.120, Appendix 19-A, Schedule of Permitted Uses, and Table 19.60-1, Commercial Development Standards. Section 2. Findings and Conclusions, The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments and recommends approval of the amendments. The City Council hereby adopts the findings and conclusions of the Planning Commission, specifically that: A. Growth Management Aet Policies - 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. B. City of Spokane Valley Goals and Policies - The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted CWPP, set forth below. a. Land Use Goal LUG-1 Preserve and protect the character of Spokane Valley's residential neighborhoods. b. Land Use Policy LUP-1.3 Review and revise, as necessary, existing Iand use regulations to provide for innovation and flexibility in the design of new residential developments,accessory dwelling units and in-fill development. c. Land Use Goal LUG-2 Encourage a wide range of housing types and densities commensurate with the community's needs and preferences. d. Land Use Goal LUG-4 Provide neighborhood and community scale retail centers for the City's neighborhoods. e. Land Use Policy LUP-4.4 Encourage mixed-use residential and commercial and office development in Neighborhood Commercial designations where compatibility with nearby uses can be demonstrated. f. Housing Goal HG-1: Encourage diversity in design to meet the housing needs of the residents of the community and region. g. Housing Policy HP-1.1: Consider the economic impact of development regulations on the cost of housing. h. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency,predictability and clear direction. i. Economic Policy EDP-7.2: Review development regulations periodically to ensure clarity, consistency and predictability. j. Neighborhood Policy NP-2.2: 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. C. Conclusions a. Allowing Townhouses in the Neighborhood Commercial zones will provide flexibility for property owners to develop property with uses other than office or commercial. b. The amendment will provide increased housing options and more opportunity for infill residential development. c. The public health, safety and 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. d. The proposed City initiated code text amendment is consistent with the City's adopted Comprehensive Plan and the approval criteria in SVMC 17.80.150(F). Ordinance 13-003 Page 2 of 3 e. The Growth Management Act states that the comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the City. Section 3. Spokane Valley Municipal Code 19.120,Appendix 19-A, Schedule of Permitted Uses, and Table 19.60-1, Commercial Development Standards, are amended to allow Townhouses in the Neighborhood Commercial zone as a permitted use, as exhibited in Exhibit A. Section 4. All other provisions of SVMC Title 19 not specifically referenced hereto 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 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 9th day of April, 2013. ,11111" May p r;Thomas E.Towey ATTES Mir-. ity Clerk, Christine Bainbridge Approved as to Form: Office f the City Attorney Attorney Date of Publication: ` /- (9 02(//---3 Effective Date: 2-7/ ,�d/3 Ordinance 13-003 Page 3 of 3 Exhibit A—CTA-01-13: Proposed Text Amendment to Neighborhood Commercial Zone CTA-01-13 Proposed Changes allowing Townhouse Development in the Neighborhood Commercial Zone SVMC 19.120.010 1 rr re P LL P P 814 Dwelling,townhouse Schedule of Permitted Uses Appendix 19-A Garden Office v 0 0 0 R "U o m E 87 zo P C e E E 00 C ,J 1-2 Heavy Ind. Table 19.60-1 —Commercial Development Standards Reference Conditions Office Commercial Mixed Use Industrial GO 0 NC** C RC CC* CMU* MUC* 1-1 1-2 Minimum Front Yard Setback 20 20 20 20 20 20 20 20 20 20 Minimum Flanking Street Setback 20 20 20 20 20 20 20 20 20 20 Minimum Side and Rear Yard Adjacent to a Residential Use or Zone 20 20 20 20 20 20 20 20 35 35 Maximum Building Height(in feet) 45 100 35 35 100 Unlimited 50 60 40 65 *Except as otherwise required ** Townhouse development in the NC zone shall comply with setback and building height standards in the R-4 zone found in Table 19.40-1 Reference Conditions ATTACHMENT A FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION February 28,2013 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. The city-initiated code text amendment proposes to amend Spokane Valley Municipal Code(SVMC) 19.120, Permitted and Accessory Uses and Table 19.60-1-Commercial Development Standards, to allow Townhouses in the Neighborhood Commercial(NC)Zone as a permitted use. 3. The Planning Commission held a public hearing on February 14, 2013 and voted 5-0 to recommend approval of the amendment to City Council. Planning Commission Findings: 1. 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; Finding(s): i. Land Use Goal LUG-1 Preserve and protect the character of Spokane Valley's residential neighborhoods. H. Land Use 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. iii. Land Use Goal LUG-2 Encourage a wide range of housing types and densities commensurate with the community's needs and preferences. iv. Land Use Goal LUG-4 Provide neighborhood and community scale retail centers for the City's neighborhoods. v. Land Use Policy LUP-4.4 Encourage Mixed-use residential and commercial and office development in Neighborhood Commercial designations where compatibility with nearby uses can be demonstrated. vi. Housing Goal HG-1: Encourage diversity in design to meet the housing needs of the residents of the community and region. vii. Housing Policy HP-1.1: Consider the economic impact of development regulations on the cost of housing. viii. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency,predictability and clear direction. ix. Economic Policy EDP-7.2: Review development regulations periodically to ensure clarity, consistency and predictability. Findings and Recommendations of the Spokane Valley Planning Commission Page 1 oft ATTACHMENT A x. Neighborhood Policy NP-2.2: 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. b. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. Finding(s): i. AlIowing Townhouses in Neighborhood Commercial zones will provide flexibility for property owners to develop their property with uses other than office or commercial. ii. The amendment will provide increased housing options and more opportunity for infill residential development. iii. 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 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 City Council adopt the proposed city- initiated code text amendments to SVMC 19.120, Permitted and Accessory Uses and Table 19.60-1- Commercial Development Standards. Approved this 28th day of February,2013 Bill Bates,Chairman ATTEST: 464-IL" 6, Carr Hinshaw,Planning Commission Secretary Findings and Recommendations of the Spokane Valley Planning Commission Page 2 of 2