Ordinance 06-001 Extending UR-1 Interim Zoning CITY OF SPOKANE VAi,.I,.EY
S~OKANuE~~C^OUN/TY],~R'~'A`'SHI'L\`GTON`
• O1W11\ANI.E 1~i V. V6-VVl
AN ORDINANCE OF TIDE CITY OF SPOKArTE VALLEY, R'ASFiL1`GTON, EaTENDING
TAE URBAN 12ES1DEN`I'IAL ESTATE (UR-I) INTERIM ZON`IN`G AUTHORiZEll BY
ORDINANCE NO. 04-035 FOR AN` AnnITIOYAL SU MONTHS BEYOND TI3E
SECOND E~`I'ENSIOi\' APPROVED BY ORDINANCE No, 0.5-025 TN THE, PONDEROSA
AND ROTCI•ITORD AREAS; ANTI\'7).11TG THE FINDINGS OF FAC`I AND ~'1'URKI'LAN.
1~'WIaREAS, The (growth Management Act provides that all zoning regulations be ca~sistent with
an adopted Comprehensive flan (RCiV 35A.63.105); snd
\~VI-I~REAS, RCW 35A.63.22p provides for establishment of interim zoning for up to one year
following a public hearing where a V1'ark plan is developed for related studies; and
WHEREAS, the interim Toning 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
Wf-IF:RI;AS, the Spokane Valley Comprehensive Plan is not: yet complete;
VJh1EREAS, various studies required to complete the analysis of the environmental impacts
remain incomplete; and
~~VF-IFEZEr~S, the neighborhoods desire to continue the interim Toning until such time as full
analysis has been completed; and
1'VHEREAS, Ordinance \ro. OS-025 extended the interim zoning for a period of sit months until
March 6, 2006;
1~VT-TrR.EAS, the City Council held a public hearing on January 24, 2006 and approved revised tJ~c
1~ findings of Fact and Workplan; and
\rOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as
follows:
Sect-ion 1. The Interim Urban Residential Estate (UR-I) Zoning is hereby extended for an additional
six month period within the original boundaries and subject to the regulations set forth in Spokane Valley
Ordinance \ro. U4-035.
Section 2.. Severahility. Tf 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 constitutionalin~ of any other section, sentence, clause or phrase of this
ordinance.
Section 4. Effective Date `Phis 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.
I
Ordinance 06-001 Extending Ultl %one Pagc 1 aft
PASSED by the City Council this 14th day of P'ebniary, 2006.
Mayor, L7iana Wilhite
ATTEST•
/
icy Clerk, Christine Bainbridge
Approved as to Form:
Offiec of ~e City Attorne}~
Date of Publication: 2-24-06
~J'tective Date: 3-01-06
Ordinance 06-001 Extending URl Zone Page 2 of 2
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Exhibit "A" Ponderosa -
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Exhibit 'C"
REVISED UR-1 Interim Zoning Work Plan
February 24, 2006
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DEPARTMENT OF COMMUNITY DEVELOPMENT
~T~U~ai1e FINDINGS OF FACT
REVISED JANUARY 24 2006
Valle
SECOND EXTENSION OF INTERIM URBAN RESIDENTIAL ESTATE
(UR-1) ZONING FOR SIX MONTHS
STAFF REPORT DATE: January 24, 2006
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. 6ACKGROUND 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 S~ ZONING
Subject Comprehensive Plan -Low Density Residential
Properties:
Zoning -Interim UR-1 Residential Estate
PreservAtion of E~osting Residential Subdivisions (UR-1 Interim Zoning)
FINDINGS Revised
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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.1a 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 "guidelinesn 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
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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.Sb 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 Subdithsions (UR-t Interim Zoning)
FIPdDIPdGS Revised
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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. 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 implementing regulations, 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. #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. 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 Saltese Creek is mid-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 implementing regulations, 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 8~ 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 ariy additional residential densities may be required.
Landfill: Ponderosa: The proximity of a closed landfill to an increased number of residences requires
additional study.
Preservation of Existing Residential Subdivisions (UR-1 Interim Zoning)
FINDINGS Revised
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The Spokane Valley Comprehensive Plan is under review. Spokane Valley has not yet
established implementing regulations, performance or design standards to assure continued
compatible principal and 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
implementing regulations, performance and design standards raises 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
and extended until March 6, 2006 pursuant to Ordinance No. 05-025 should be extended for a second
six month period pending completion of environmental review and' the development of implementing
regulations, 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 City Council. Resolution of issues shall be
accomplished in accordance with the revised Workplan attached as Exhibit "C."
Preservation of Existing Residential Subdivisions (UR-1 Interim Zoning)
FINDINGS Revisr3d
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