Ordinance 06-019 Extending UR-1 Interim Zoning CITY OF :SPOKANE VALLEI'
SPUKAn'E COUn'TY, VVASHINCTON
ORDINAn°Ci: NO.OG-019
AN ORDINANCI OF THG CITY OF SPOKANE VALLEY, SPOKANL•' COUi~T1'Y,
WASHING°I'ON, EKTrNDIeVG Tldl; URBAN RESIDEn'TIAL: ESTA'I
~ (UR-1) INTFRI(17
7.ONING AUTI-IORI7.1?D BY UKUIVANCF n`O. U4-035 FOR AN ADDITIONAL S1X MONTHS
BEYOND ThIL" SECOND E•Xl'ENSION APPROVED BY ORDLn'ANCI No. UG-OU1 li\' THr
PONDEROSA AND ROTCHFURI) ARCAS; AMENDLVG "1'f1C FINDINGS OF FACT' AND
V1'ORKPLAN.
WHEREAS, The Growth vlanagement Act provides that all zoning regulations be consistent with an
adopted Comprehensive Plan (RCW 35A.63.105); and
WHEREAS, RCW 35A.G3.220 provides for establishment of interim zoning for up to one year following a
public hearing where a l~Vorkplan is developed for related studies; and
WHEREAS, the interirn zoning tray 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
1.V1-IERE•AS, the neighborhoods desire to continue the [nterirn Zoning until such time as full analysis has
been completed; a~~d
WHEREAS, following a public hearing and the adoption ni' Findings and a revised Workplan, Ordinance
No. 06-001 extended the interim zoning for a period of six months until September 6; 2006;
WHE.RLAS, the City Council 1?eld a public hearing nn July 2s, 2UOb and approved revised the Findings of
Fact and 4Vorkplan; and
NOW,'1'HEREFOR.F., the City Council of the City of Spokane Valley, Washington, ordains as follows:
Section 1. The Interim Urban Residential L•"state (UR-1) 7,oning i5 hereby extended for an additional six month
period until March 6, 2007 within the original boundaries and subject to the regulations set forth in Spokane Vxllcy
Ordinance No. 04-035.
Section 2.. Severabilitti~. 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 invalidit}~ nr unconstitutionality shall not affect the
validity or constitutionality ofany other section, sentence, clause or phrase of this ordinance.
Section 3. 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.
PASSED by tho City Council this R'h day of August, 200G ff~~'~•,,,, f~-~•~
. W ULJ
Mayor, Diana Wilhite
~
City Clerk; Christine 13ainbridgc _
r~ppr~ived as to Irorm:
Oflicc of the City tto~~ney
17ateofPublication:OS-IR- G
Effective pate: 03-23-06
Ordinance Ufi-Ol9 Extending UR-1 Zoning I'a~e I of I
DEPARTMENT OF COMMUNITY DEVELOPMENT
FINDINGS OF FACT
~~'~`~o~;~ne
REVISED JULY 13, 2006
alle THIRD EXTENSION OF INTERIM URBAN RESIDENTIAL ESTATE
(UR-1) ZONING FOR SIX MONTHS
STAFF REPORT DATE: July 13, 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. BACKGROUND INFORMATION
PROPERTY INFORMATION:
Size 8~ 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 8~ ZONING
Subject Comprehensive Plan -Low Density Residential
Properties:
Zoning -Interim UR-1 Residential Estate
Preservation of Existing Residential Subdivisions (UR-1 Interim Zoning)
FINDINGS Revised
Juty 13, 24U6
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 8 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
propoRionate 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.
Preservation of Existing Residential Subdivtslons (UR-1 Interim Zoning)
FINDINGS Revised
Juty 13, 2006
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CHAPTER 10 NEIGHBORHOODS:
Goal
NG-2 Preserve and protect the character of Spokane Valley's residential
neighborhoods.
Policies
NP-2.9 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-2.90 Develop guidelines and options for Neighborhood/sub-area associations
which facilitate the refinement of Neighborhood/sub-area plans.
Preservation of Existing Residential Subdivisions (UR-1 Interim Zoning)
FINDINGS Revised
Jufy 13, 2006
3of7
I
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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.
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.
Although the Spokane Valley 2006-2026 Comprehensive Plan has been adopted,
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 the 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-2008.
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.
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.
Preservation of Existing Residential Subdivisions (UR-1 Interim Zoning)
FINDINGS Revised
July 13, 2006
4of7
i
PUBLIC HEALTH 8 SAFETY:
Access: Ponderosa: Property lies west of the Union Pacific Railroad with only two paints 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 established 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):
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 by Ordinance No. 06-001 until September 6, 2006,
should be extended for a third six month period until March 6, 2007 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 Revised
July 13, 2006
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Preservation of ExrsUng Rea+den4al SuDdnnslons (UR-1 Intenm I.onrng)
FINQINGS Revised
July i 3. 2006
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Exh~bn"C"
REVISED UR-1 Intenm Zoning Work Pan
July 13 2006
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