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Ordinance 07-001 Interim Residential Estate Zoning CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.07-001 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, EXTENDING THE URBAN RESIDENTIAL ESTATE OUR-1) INTERIM ZONING AUTHORIZED BY ORDINANCE No. 04-035 FOR AN ADDITIONAL SIX MONTHS BEYOND THE THIRD EXTENSION APPROVED BY ORDINANCE No. 06-019 IN THE PONDEROSA AND ROTCHFORD AREAS; AND AMENDING THE FINDINGS OF FACT AND WORKPLAN. WHEREAS, The Growth Management Act provides that all zoning regulations be consistent with an adopted Comprehensive Plan(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 Development Regulations will be finalized on or before March 31, 2007;and WHEREAS, the neighborhoods desire to continue the Interim Zoning until such time as full analysis has been completed; and WHEREAS, following a public hearing and the adoption of Findings and a revised Workplan, Ordinance No. 06-001 extended the interim zoning for a period of six months until September 6, 2006, and Ordinance No. 06-019 further extended the provisions until March 6,2007; and WHEREAS,the City Council held a public hearing on January 9,2007 and approved revised the Findings of Fact and Workplan. NOW,THEREFORE,the City Council of the City of Spokane Valley,Washington,ordains as follows: Section 1. The Interim Urban Residential Estate OUR-1) Zoning is hereby extended for an additional six month period until September 6, 2007 within the original boundaries and subject to the regulations set forth in Spokane Valley Ordinance No. 04-035. Section 2. . 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 4. 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. Ordinance 07-001 Ext UR-1 Page 1 of 2 PASSED by the City Council this 23rd day of January,2007. Mayor,Diana Wilhite ATTEST: , - Arb_ f Clerk,Christine Bainb <ge ---- Approved as to Form: 2 ,A Office of e City Atto ey Date of Publication: a-' ?-d 2 Effective Date: a-- P-09 Ordinance 07-001 Ext UR-1 Page 2 of 2 DEPARTMENT OF COMMUNITY DEVELOPMENT Orkan 0#\fti%UT', e FINDINGS OF FACT REVISED JANUARY 1 , 2007 FOURTH EXTENSION OF INTERIM URBAN RESIDENTIAL ESTATE (UR-1)ZONING FOR SIX MONTHS STAFF REPORT DATE: January 1, 2007 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 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 floodplain. Large stands of native Ponderosa pines. Abuts a closed landfill. Platted in phases between 1964 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 collection system. Rolling terrain abutting steep hills with drainage into Saltese Creek. Saltese Creek is located within the 100-year floodplain. Platted in 1974. Both subdivisions were originally platted as residential subdivisions designed for the keeping of a limited number of horses. SURROUNDING COMPREHENSIVE PLAN &ZONING Subject Comprehensive Plan — Low Density Residential Properties: Zoning — Interim UR-1 Residential Estate UR-1 Interim Zoning FINDINGS Revised January 1,2007 1 of 7 II. FINDINGS OF FACT AND CONCLUSIONS The Spokane Valley 2006-2026 Comprehensive Plan provides the following guidance in relevant part: CHAPTER 2 LAND USE: Residential Goals & Policies Goal LUG-1 Preserve and protect the character of Spokane Valley's residential neighborhoods. Policies 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. 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. 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. LUP-1.4 Encourage the development of transportation routes and facilities to serve residential neighborhoods. Special attention should be given to pedestrian circulation. LUP-1.5 Encourage the development of parks and the dedication of open space in and adjacent to residential areas. Open space dedication shall be proportionate to the size of the development. LUP-1.6 Preserve site characteristics that enhance residential development (trees, bodies of water, vistas, and similar features) using site planning techniques such as clustering, planned unit developments, transfer of development rights and lot size averaging. LUP-1.7 Allow zone changes within the Low Density Residential category only when specific criteria are met. Criteria may include: • Substantial changes within zone change area. • Clear mapping errors. • Adequate facilities and services (e.g. sewer, water capacity). • Consistency with densities in the vicinity of the zone change. UR-1 Interim Zoning FINDINGS Revised January 1,2007 2 of 7 lam, CHAPTER 10 NEIGHBORHOODS: Goal NG-2 Preserve and protect the character of Spokane Valley's residential neighborhoods. Policies NP-2.1 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. 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. NP-2.3 Encourage the development of parks and the dedication of open space in and adjacent to residential areas. Open space dedication shall be proportionate to the size of the development. NP-2.4 Preserve site characteristics that enhance residential development (trees, bodies of water, vistas, and similar features) using site planning techniques such as clustering, planned unit developments, transfer of development rights, and lot size averaging. NP-2.5 Allow zone changes within the Low Density Residential category only when specific criteria are met. Criteria may include: • Substantial changes within zone change area. • Clear mapping errors. • Adequate facilities and services (e.g. sewer, water capacity). • Consistency with densities in the vicinity of the zone change. NP-2.6 Establish appropriate design guidelines with buffer zones and transition requirements to protect residential neighborhoods from incompatible land uses and adverse impacts associated with arterials, freeways and rail corridors. NP-2.7 Encourage rehabilitation and improvement programs to conserve and upgrade existing properties and buildings. NP-2.8 Encourage programs targeted at neighborhood preservation, including Weed and Seed, housing rehabilitation and crime prevention programs, such as Neighborhood Watch, McGruff Houses, etc. NP-2.9 Integrate retail developments into surrounding neighborhoods through attention to quality design and function. Encourage neighborhood retail and personal services to locate at appropriate sites where local economic demand and design solutions demonstrate compatibility with the neighborhood. NP-2.10 Develop guidelines and options for Neighborhood/sub-area associations which facilitate the refinement of Neighborhood/sub-area plans. UR-1 Interim Zoning FINDINGS Revised January 1,2007 3 of 7 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. Although the Spokane Valley 2006-2026 Comprehensive Plan has been adopted, Spokane Valley has not yet finalized implementing regulations, performance or design standards to assure the quality of residential design to preserve neighborhood character pursuant to the 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): Implementing regulations, performance and design standards implementing the Spokane Valley Comprehensive Plan will be finalized on or about March 31, 2007. Rezoning with notice to affected property owners is required prior to institution of permanent regulations. III. DECISION The Interim UR-1 Residential Estate Zoning adopted pursuant to Spokane Valley Ordinance 04-035 and extended by Ordinance No. 06-001 until September 6, 2006, and until March 6, 2007, should be extended for a fourth six month period until September 6, 2007 pending finalization of development regulations, performance and design standards, in order to preserve neighborhood character, maintain environmental quality, and to ensure the continued health, safety and welfare of the areas in accordance with the revised Workplan attached as Exhibit"C". UR-1 Interim Zoning FINDINGS Revised January 1,2007 5 of 7 ■ i,„,,. . ..„, -■ is iii [ou__—Alimiri - -41:11.".M.r b(4wAsiatibirr II ran= ,-----:. 5=010,m.allimil le al ' \ likan Ii_ _0 wait..... iii_001„sr.rimmka: rir mimosa mr41-04-:: 1 rirovariAmo 03,___Ara 1411,Ershostilisrop 0 t= i it mo, liditi MIL%Will ini____L .towatr.. .._,..-.1 mum IIN ! --amiummo -_--1 i ■�.■..mmulmii_l i.m m ' uiii' �,• ,. ..... ..=. � _ l �i� a a..1 s ., = !I!;MEN �, wie .POW 11111111111___ is-P 1 ll.�r ► _ ariallillinal�nor. « " \- Exhibit A Ponderosa (Portion) f L_ y , ._ i ii i. w NNE I \ *MI a ' , _ ,, , „ 1 , 7.____ Nc, , , , Exhibit"B" Rotchford Acres i --- • ,-- , ! J____ ! 1 Illa ,, 4iallill /, \ 7 ! ' ;' \ 1 1 \ l In , _ 1 /„___' ' , a ,.2 ; \ , I__ 1 . . : ,----:1 ________;: z. .i . , _.____ --- i .1 • 1 ________:.._._____:_ i L '- i �� i MI IMO . ' \ �( ! �� 1 ,� UR-1 Interim Zoning FINDINGS Revised January 1,2007 6 of 7 Exhibit"C" REVISED UR-1 Interim Zoning Work Plan January 1,2007 02 06 Q3 06 Q4 06 Q1 07 02 07 03 07 ID Task Name Start Finish Duration Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul 1 Neighborhood Character 3/6/2006 5/1/2006 8.2w TT 2 Comprehensive Plan 3/6/2006 5/1/2006 8.2w Adopted 3 Design Quality 3/6/2006 3/2/2007 52w 4 Environmental Quality 316/2006 7/3/2007 69.4w 5 Saltese Creek Re-Map 3/6/2006 7/3/2007 69.4w 6 Public Health/Safety 3/8/2006 8/22/2006 24w 7 Hazard Mitigation:Access 3/8/2006 8/22/2006 24w 8 Public Notice 6/9/2006 6/12/2007 52.6w 9 Regulatory Review 3/27/2006 3/30/2007 53w 10 Development Regulations 3/27/2006 3/30/2007 53w adopted 11 Rezoning Complete 4/16/2007 7/20/2007 14w _ Revised Schedule UR-1 Interim Zoning FINDINGS Revised January 1,2007 7 of 7