Planning Report 2019 Comprehensive Plan Amendment Requests

Public Hearing October 15, 2020

Planning Commission for Spokane County

Department of Building and Planning 2019 Annual Comprehensive Plan Amendments

Table of Contents Chapter 1 – Introduction/Overview 1.1 Introduction ...... 1-1

1.2 Annual Amendment Process ...... 1-2

1.3 Public Participation ...... 1-3

1.4 Environmental Review ...... 1-3

1.5 Spokane Regional Transportation Certification ...... 1-4

1.6 Zoning Code Criteria for Amendment ...... 1-5

Chapter 2 – Map Amendments ...... 2-1 2.1 Introduction ...... 2-1

2.2 File # 18-CPA-05, Nine Mile Road ...... 2.2-1

2.3 File # 19-CPA-02, ...... 2.3-1

2.4 File # 19-CPA-03, ...... 2.4-1

2.5 File # 19-CPA-04, ...... 2.5-1

2.6 File # 19-CPA-06, ...... 2.6-1

2.7 File # 18-CPA-07 ...... 2.7-1

Chapter 3 – Cumulative Impacts of Map Amendments

3.1 Introduction ...... 3-1

3.2 Assumptions for Calculating Impacts ...... 3-.2

3.3 Services and Facilities Impact Analysis ...... 3-3

Table 1 – Dwelling Units and Population ...... 3-3

Table 2 – Law Enforcement ...... 3-4

Table 3 – Libraries ...... 3-5

Table 4 – Parks ...... 3-6

Table 5 – Schools ...... 3-7

Table 6 – Wastewater ...... 3-8

Table 7 – Water Consumption ...... 3-9

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Note: Reference Chapter 2 for transportation analysis on individual projects. Spokane Regional Transportation Council (SRTC) provides a regional transportation analysis as described in Chapter 1.

Chapter 4 – Proposed Zoning Code Text Amendment – 19-CPA-01 4.1 Introduction- Summary ...... 4-1

4.2 Proposed Amendments to Comprehensive Plan ...... 4-3

4.3 Proposed Amendments to Zoning Code ...... 4-4

4.4 Public Participation – Agency Review ...... 4-9

4.5 State Environmental Policy Act ...... 4-9

4.6 Impacts to Population, Land Capacity, Services and Facilities ...... 4-10

4.7 Guiding Documents ...... 4-10

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Chapter 1 – Introduction/Overview 1.1 Introduction The proposal is to consider 2019 amendment requests to Spokane County’s Comprehensive Plan through the annual amendment process. The proposal includes one text amendment and six map amendments, with one of the map amendments being a holdover from the 2018 amendment cycle. The proposed map amendments are concurrent Comprehensive Plan and Zoning map changes except for 19-CPA-03 and 19- CPA-04, which are amendments the Comprehensive Plan map only.

The proposed text amendment (File 19-CPA-01) is an amendment to the Comprehensive Plan and Zoning Code to promote infill development within the urban growth area. The objective of this proposal is to provide more opportunities for diverse housing types and increase housing affordability. This effort identifies barriers to certain types of residential development and provides policy and regulatory changes to increase infill opportunities. The proposed changes will affect the Low Density Residential (LDR) zone located within the unincorporated Urban Growth Area. The proposed text amendment is presented in Chapter 4.

The proposed map amendments include four amendments within the County’s urban growth area and two amendments in the rural area. A summary of the proposed map amendments is shown below:

Table 1.1 – Proposed Map Amendments

File # Existing Category Proposed Category Acres

18-CPA-05 Low Density Residential Medium Density Residential 25.5

19-CPA-02 Low Density Residential High Density Residential 1.9

19-CPA-03 Rural Conservation Mineral Lands 160.0

19-CPA-04 Rural Conservation Mineral Lands 20.0

19-CPA-06 Low Density Residential High Density Residential 0.7

19-CPA-07 Low Density Residential High Density Residential 1.7

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Proposed Map Amendments - 2019 Annual Amendments

1.2 Annual Amendment Process The process for considering the proposed changes includes review by both the Spokane County Planning Commission and the Board of County Commissioners (BCC). The Planning Commission first holds a public hearing on the proposal followed by a specific recommendation to the BCC. After receiving the Planning Commission’s recommendation, the Board of County Commissioners may adopt the Planning Commission’s recommendation or decide to hold its own public hearing on the matter. The procedural requirements for amending the comprehensive plan and zoning code are found within the introductory provisions of the Comprehensive Plan and in Chapter 14.400, (General Procedures) of the Zoning Code. In addition to the County’s review, the Spokane Regional Transportation Council (SRTC) must certify the updated plan is

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consistent with the Regional Transportation Plan and adopted regional levels of service for transportation. 1.3 Public Participation Public participation for the proposal is accomplished through compliance with the County’s adopted Public Participation Guidelines and the legal notice requirements within RCW 36.70 and RCW 36.70A. Some of the major components of the Public Participation Program for the Comprehensive Plan amendments included: a. Public notice of hearings and meetings to an extensive mailing list consisting of government agencies, tribes, neighborhood groups, nonprofits, business groups, environmental organizations and interested individuals. b. Development of a website dedicated to the Comprehensive Plan/UGA update, including information and direction on how to provide public comment. c. Public hearings concerning the UGA boundary update. d. Formal notice of the proposal to state agencies as required by the State Department of Commerce.

Public participation is further considered in the staff report for each proposal. The public hearing on this proposal is scheduled for Thursday, October 15th, 2020 at 9:00 am. The hearing will be held in the Commissioner’s Hearing Room, 1026 West Broadway Avenue, Spokane, WA. Written comments can be submitted to: Department of Building and Planning, 1026 W. Broadway Avenue, Spokane, WA 99260. To be considered, written comments must be received prior to the close of the scheduled public hearing on Wednesday, October 14th, 2020. 1.4 Environmental Review An environmental review is required under the State Environmental Policy Act (SEPA). Proposals are reviewed by circulation of an environmental checklist to applicable agencies with the Planning Director making either a determination of non-significance (DNS) or a mitigated determination of non-significance (MDNS). Details of the environmental review are included within the staff report for each proposal which can be found in Chapters 3 and 4. Much of the analysis for the proposals relies on the studies contained in the recently updated Comprehensive Plan and Capital Facilities Plan. The plan update was recently adopted on June 23, 2020 by BCC Resolution no. 2020-0129. As part of the environmental review, an analysis of the cumulative impacts of the proposals on services and facilities is provided in Chapter 3.

Following is a list of the proposals detailing the SEPA threshold determination and any mitigating measures: Page 1-3

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Table 1.2 – SEPA Determinations

Change in SEPA Threshold File # Category Acres Determination Mitigating Measures 18-CPA-05 LDR to MDR 25.5 MDNS Roadway improvements. Access requirements.

19-CPA-02 LDR to HDR 1.9 DNS None

19-CPA-03 RCV to ML 160.0 MDNS Construction of turn lane prior to use of site.

19-CPA-04 RCV to ML 20.0 DNS None

19-CPA-06 LDR to HDR 0.7 DNS None

19-CPA-07 LDR to HDR 1.7 MDNS Access restrictions

19-CPA-1 Text Amendment DNS None Infill Development

LDR Low Density Residential DNS Determination of Nonsignificance MDR Medium Density Residential MDNS Mitigated Determination of Nonsignificance HDR High Density Residential RCV Rural Conservation ML Mineral Lands (Mining)

1.5 Spokane Regional Transportation Council Certification The Spokane Regional Transportation Council (SRTC) is the region’s federally mandated metropolitan planning organization (MPO) and serves as Spokane County’s Regional Transportation Planning Organization (RTPO). RTPOs also play a central role in the development and certification of comprehensive plans and UGA updates. Chapter RCW 47.80, Regional Transportation Planning Organizations, provides the RTPO with regional transportation oversight.

Each regional transportation planning organization, with cooperation from component cities, towns, and counties, shall establish guidelines and principles by July 1, 1995, that provide specific direction for the development and evaluation of the transportation elements of comprehensive plans, where such plans exist, and to assure that state, regional, and local goals for the development of transportation systems are met.

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SRTC provides a concurrent review of the annual update proposal and must certify that the plan is consistent with the regional transportation plan and adopted regional levels of service.

1.6 Zoning Code Criteria for Amendments The 2019 annual amendment cycle contemplates amendments to the Comprehensive Plan and Zoning Code. Chapter 14.402 of the Zoning Code provides criteria to be considered for proposed amendments as shown below. The proposal was initiated by the Board of County Commissioners and is consistent with criteria 2, 5 and 6.

14.402.040 Criteria for Amendment The County may amend the Zoning Code when one of the following is found to apply. 1. The amendment is consistent with or implements the Comprehensive Plan and is not detrimental to the public welfare. 2. A change in economic, technological, or land use conditions has occurred to warrant modification of the Zoning Code. Staff Comment: Rapid growth in the unincorporated areas of County has revealed the need for additional housing, especially for multi-family housing. 3. An amendment is necessary to correct an error in the Zoning Code. 4. An amendment is necessary to clarify the meaning or intent of the Zoning Code. 5. An amendment is necessary to provide for a use(s) that was not previously addressed by the Zoning Code. Staff Comment: The proposed text amendment provides for uses to increase housing affordability and diversity that has not been previously addressed in the Zoning Code. 6. An amendment is deemed necessary by the Commission and/or Board as being in the public interest. Staff Comment: The Board of County Commissioners initiated the proposed amendments consistent with Comprehensive Plan and Zoning Code policies and procedures.

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Chapter 2 - Proposed Map Amendments 2.1 Introduction The 2019 annual comprehensive plan amendment process proposes 6 site-specific map amendments. One of the proposed amendments is a holdover from the 2018 cycle (18-CPA-05) that was delayed due to transportation issues. Five of the proposed amendments are located within the Urban Growth Area while there are two amendments for mineral lands within the rural area. The table below lists the proposed changes to the comprehensive plan designation. A map on the following page illustrates the location of each proposal. Subsequently, a detailed report on each request is provided in this Chapter.

2018/2019 Comprehensive Plan Map Amendments

File # Request Acres Agent

18-CPA-05 Low Density Residential to Medium Density Residential 25.5 JR Bonnett

19-CPA-02 Low Density Residential to High Density Residential 1.9 Dwight Hume

19-CPA-03 Rural Conservation to Mineral Lands 177 CJW Properties

19-CPA-04 Rural Conservation to Mineral Lands 20 Greg Henning

19-CPA-06 Low Density Residential to High Density Residential 0.7 Melissa Murphy

19-CPA-07 Low Density Residential to High Density Residential 1.7 Whipple Engineering

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2018/2019 Comprehensive Plan Map Amendments

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2.2 - Nine Mile Road - File # 18-CPA-05

2.2.1 Proposal The proposal is to reclassify the comprehensive plan and zoning designations from Low Density Residential (LDR) to Medium Density Residential (MDR). The site is located on Nine Mile Road, adjacent to the City of Spokane, in northeast Spokane County.

Agent: JR Bonnett Engineering 803 E. 3rd Avenue Spokane, WA 99202

Owner: 7-Mile LLC 5520 N. Florida Street Spokane, WA 99217

Site Info: Located in the Seven Mile Urban Growth Area, adjacent to the City of Spokane with frontage on Nine Mile Road (SR-291). The site lies within Section 21, T 26 N, R 42 EWM – Parcel # 26214.9046 – Site size is 25.5 acres

Existing The site is vacant, relatively flat and is bisected by power lines in the Conditions: southeast portion of the property. A power substation is located on the parcel to the south.

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Arial Photo - 18-CPA-05

Comprehensive Plan - 18-CPA-05 Proposed Change from Low Density Residential to Medium Density Residential

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2.2.2 Land Uses and Land Use Designations Land Use The site is vacant with a small number of evergreen trees. Adjacent land uses to the north, east and west are single family and duplex residences. A power substation exists on the parcel to the south with a major power line extending north-south on the eastern portion of the parcel. Avista owns an electrical distribution easement related to the power line (recording #505591C and 505629C). An Avista gas pipeline exists on the southeast portion of site with a pipeline easement across the property (recording # 385058B and 391196B). The site borders the City of Spokane on the south property line. The is located approximately 600 feet to the west. There are no commercial facilities in the near vicinity of the site. Land Use Designations The subject parcel lies within the Seven Mile Urban Growth Area (UGA) which is a joint planning area with the City of Spokane. The site is currently designated as Low Density Residential (LDR). Properties to the north, west, and east are designated Low Density Residential. The City of Spokane is contiguous with the south boundary of the site.

2.2.3 Critical Areas Review Critical Aquifer Recharge Area: High Susceptibility

Fish and Wildlife Habitat: None

Floodplain: None

Wetlands: None

Streams: None

Cultural Resources: None identified

Critical aquifer recharge areas are areas that provide a critical recharging effect on aquifers used for potable water. Spokane County has provisions within the Critical Areas Ordinance and other County ordinances to protect aquifers from the potential impacts of new development including stormwater treatment and restrictions on the storage and use of potential contaminants.

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2.2.4 Facility and Services Review Services/Facilities Review The site is located in the City of Spokane sewer and water service areas, and as such, public water and sewer is currently provided by the City. Fire protection is provided by Spokane County Fire Protection District # 9. School services are provided by Spokane School District 81. Policing is provided by Spokane County. The site is adjacent to Nine Mile Road (State Route 291) which provides access to the site. Impact Analysis The proposed amendment will affect population capacity and the need for capital facilities and services. The following analysis illustrates the impacts that will be created by adoption of the amendment. The data is further analyzed in Chapter 3 which examines the cumulative impacts of all the proposed amendments. Population and Land Capacity The proposed amendment will increase the population capacity within the Urban Growth Area. The existing Low Density Residential category has an assumed buildout of 4 dwelling units per acre while the Medium Density Residential category assumes a buildout of 11 dwelling units per acre. To convert residential units to population we assume that, on average, a single-family residence will include 2.5 people and that multi-residential units will contain 1.5 people. The table below illustrates the impact of the proposed amendment on population capacity.

Low Medium

Site = 25.5 acres Density Density Increase Residential Residential Residential units 102 281 179

Population 255 422 167

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Capital Facilities and Services Increasing the density from Low Density Residential to Medium Density Residential will increase the need for capital facilities and services within the Urban Growth Area. The following table illustrates the increase in demand created by the proposed amendment. This information is then used in Chapter 3 to determine the cumulative impact of all amendment proposals. The analysis is based on assumptions and/or adopted levels of service which are detailed in Chapter 3.

Low Medium Increase Site size 25.5 acres Density Density in Residential Residential Demand

Water Consumption (gpd) 23,460 38,778 15,318

Wastewater (gpd) 20,400 33,720 13,320

Schools (students) 51 141 90

Parks (acres) 0.3 0.6 0.3

Libraries (sq ft) 104.5 173.0 68.5

Law Enforcement (officers) 0.23 0.43 0.2 gpd = gallons per day

Transportation Analysis A trip generation and distribution analysis, dated September 4, 2018, was submitted for the proposal as an initial analysis of transportation impacts. The letter was submitted by Christopher Reich, P.E. with the firm Morrison Maierle. The summary and conclusion of the analysis, as presented within the letter, is as follows:

An MDR Comprehensive Plan and zoning designation change has been requested for 25.5-acres (parcel 26219.9046) aligned west of Nine Mile Road and south of Parkway Road in Spokane County. The property could be developed with up to 382 apartments (to maximum MDR density) with completion and occupancy anticipated by year 2023, assuming administrative approvals can be obtained for the current development proposal. Property access would be provided by two driveways proposed along Nine Mile Road.

At maximum density, the project would generate 2,845 weekday trips with 170 trips generated during the AM peak hour and 195 trips during the PM peak hour. This represents a gain of 1,305 weekday trips, 57 AM peak hour trips, and 42

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trips PM peak hour trips over what would be generated by 153 homes; the maximum density of single family homes that could be supported on the property with the LDR Comprehensive Plan.

Overall, approximately 5-percent of trips are anticipated to/from the north and 95-percent to/from the south of the project site on Nine Mile Road; at which points trips would split to Francis Avenue, Assembly Street, and Driscoll Boulevard to approach and depart the City of Spokane.

In addition to the trip generation letter, a transportation impact analysis was also produced for the project to provide more detailed analysis. The review of the TIA resulted in requests for mitigation measures from Spokane County Public Works and the Washington State Department of Transportation. The proposed mitigation has resulted in an issuance of a Mitigated Determination of Nonsignificance (MDNS) under the State Environmental Policy Act (SEPA). Mitigation measures are as follows:

Spokane County Public Works: 1. Due to Spokane County Road Standards for connectivity and circulation, a public road along the south property line connecting Lemon Lane to SR 291 will be required. This road along with Lemon Lane up to the paved section, will be improved to current public road standards at the time of building permit.

Washington State Department of Transportation

1. Widen SR 291, in conformance with WSDOT standards, for the installation of a left turn lane at the project access point to SR 291. The left turn lane shall be constructed at such time access to SR 291 is sought. The applicant will need to prepare engineered plans for this access point that are acceptable to WSDOT. A WSDOT development agreement will also need to be entered into for this improvement. The project access point will be aligned with Wenger Road on the opposite side of the highway and incorporate the existing Avista access point into the new roadway as agreeable to Avista.

2. Provide a separated pedestrian/bicycle pathway per WSDOT standards along the property’s SR 291 frontage. The applicant will need to prepare engineered plans for the pathway that are acceptable to WSDOT. A WSDOT development agreement will also need to be entered into for this improvement.

3. This section of SR 291 is a WSDOT Class 2 Highway. Access is limited to one point of direct access to the highway. Requests for additional access would need to meet WSDOT Access Variance criteria and be approved by WSDOT.

4. Improvements to SR 291 within the City of Spokane would be addressed by a SEPA mitigation fee. This would be addressed as required by the City of Spokane in conjunction with a plat or development approval.

5. An updated TIA will be required at such time plat or building permit approval is sought. This will ensure level of service and safety standards can be maintained with this project.

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Public Transportation Spokane Transit Authority (STA) supplies public transportation for region. The site is within the Public Transit Benefit Area. Bus route # 22 provides the closest bus service line and located approximately two miles southeast of the proposal. 2.2.5 Public Participation/Agency Review Agencies were notified on September 30th with a 14-day comment period ending on October 14th, 2020. Notice of the public hearing on the proposal was published in the legal notice section of the Spokesman Review on September 30, 2020. In addition, notice of the hearing was mailed to property owners within 400 feet of the proposal and a sign was posted on the subject property at least 15-days prior to the public hearing. See additional discussion of public notice in Chapter 1.

2.2.6 State Environmental Policy Act An environmental checklist was prepared by the applicant and circulated to agencies of jurisdiction on July 13, 2018. The initial review identified transportation issues for the proposal requiring a transportation impact analysis. A Mitigated Determination of Nonsignificance (MDNS), as detailed in 2.2.4 above, was issued on September 30th, 2020 with a comment and appeal period ending on October 14th. The MDNS was circulated to agencies of jurisdiction and published in the Spokesman Review on September 30th, 2020.

2.2.7 Guiding Documents/Summary The Spokane County Comprehensive Plan, Zoning Code, and Revised Code of Washington provide the framework for consideration of Comprehensive Plan Amendments. The following are relevant goals and policies for consideration of the proposed amendment.

Comprehensive Plan Designation The Medium Density Residential designation provides a range of densities from more than 6 units per acre, and up to 15 units per acre. Design standards ensure neighborhood character and compatibility with adjacent uses.

General Comprehensive Plan Goals and Policies UL.1a: Provide a healthful, safe and sustainable urban environment that offers a variety of opportunities for affordable housing and employment.

UL.1b Create a future rich in culture and ethnic diversity that embraces family and community values and recognizes the interests of the whole community.

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Multifamily Residential UL.2.16 Encourage the location of medium and high density residential categories near commercial areas and open spaces and on sites with good access to major arterials. A determination that a particular property has access to major arterials may be based on a condition of approval or development agreement requiring construction of new roads and/or access to particular major arterials.

Staff Note: The site has direct access and frontage to Nine Mile Road (State Route 291). Nine Mile Road provides the only access for the site. The site is not in near proximity to commercial areas. The nearest commercial services are located approximately 2.7 miles to the south in the City of Spokane.

UL.2.17 Site multifamily homes throughout the Urban Growth Area as follows: a) Integrate into or next to neighborhood, community, or urban activity centers b) Integrated into or next to neighborhood, community or urban activity centers.

Residential Land Uses UL.7 Guide efficient development patterns by locating residential development in areas where facilities and services can be provided in a cost-effective and timely fashion.

UL.7.1 Identify and designate land areas for residential uses, including categories for low, medium, and high-density areas.

Housing Variety UL.8 Create urban areas with a variety of housing types and prices, including manufactured home parks, multifamily development, townhouses, and single- family development.

Staff Note: The site is located in an area of predominantly single-family homes. The proposal would provide for a variety of housing types in the area. Residential Density UL.9a Create a variety of residential densities within the Urban Growth area with an emphasis on compact mixed-use development in designated centers and corridors.

UL.9b Create efficient use of land and resources by reducing the conversion of land to sprawling, low density development.

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Staff Note: This amendment would create a medium density residential designation that would allow for a density increase from the current low density residential designation and would create additional land capacity in the Urban Growth Area (UGA). Increasing capacity in the UGA provides for efficient use of land and may reduce the need for future expansion of UGA boundaries. Transportation T.2 Provide transportation system improvements concurrent with new development and consistent with adopted land use and transportation plans

T.2.1 Maintain an inventory of transportation facilities and services to support management of the transportation system and to monitor system performance.

T.2.2 Transportation improvements needed to serve new development shall be in place at the time new development impacts occur. If this is not feasible, then a financial commitment consistent with the capital facilities plan, shall complete the improvement within 6 years.

T.2.3 Transportation improvements shall be consistent with land use plans, capital funding and other planning elements.

T.2.4 Implement concurrency review and management that evaluates impacts from new developments and identifies funding sources for improvements. Evaluate the transportation system annually and compare to prior years.

T.2.5 Coordinate planning with appropriate jurisdictions and utility companies for utility corridors that my affect the transportation system.

T.2.6 Use a 10-year and 20-year planning horizon when preparing transportation forecasts to provide information on the location, timing, and capacity needs of future growth.

T.2.7 The transportation system shall support the Land Use Element of the Spokane County Comprehensive Plan as growth occurs.

T.2.8 Major short falls between transportation revenues and improvement costs should be addressed during the annual review of the 6-year transportation improvement program. Resolution of revenue shortfalls could include reassessment of land use, growth targets, level of service standards and revenue availability.

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2.3 – West Hawthorne Road &North Waikiki Road – File # 19-CPA-02

2.3.1 Proposal

The proposal is to reclassify the comprehensive plan and zoning designations from Low Density Residential (LDR) to High Density Residential (HDR). The subject site is located on W. Hawthorne Rd. and borders N. Rahland Rd. to the west and N. Waikiki Rd. to the east.

Agent: Dwight Hume, Land Use Solutions & Entitlement, LLC. 9101 N Mt View Lane Spokane, WA. 99218

Owner: Benjamin Milbrath 1812 W Summit Parkway Spokane, WA. 99201

Site Info: Located in the North Metro Urban Growth Area, on W. Hawthorne Rd. between N. Waikiki Rd. The site lies within Section 18, T 26 N, R 43 EWM – Parcel # 36182.0801 and 36182.0805 – Site is 1.9 acres

Existing Conditions: The subject site is sloped with some evergreen trees. One parcel has a single-family dwelling unit with detached garage and the other parcel is vacant.

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Aerial Photo – 19-CPA-02

.

Comprehensive Plan- 19-CPA-02 Proposed Change from Low Density Residential to High Density Residential

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2.3.2 Land Uses and Land Use Designations Land Use The subject site has two parcels, one contains a single-family dwelling unit with attached garage built in 1954 and the other is vacant. Land uses adjacent to the property include: duplexes to the west, Whitworth University to the east, and single- family development to the north and south. A gas station with a convenient store located .3 miles south on N. Waikiki Road is the nearest commercial use. Land Use Designations The subject site lie in the North Metro Urban Growth Area (UGA) and its current designation is Low Density Residential (LDR). Parcels to the north, south, east, and west are also designated Low Density Residential (LDR).

2.3.3 Critical Areas Review Critical Aquifer Recharge Area: High Susceptibility Fish and Wildlife Habitat: None Floodplain: None Streams: None Cultural Resources: None

Critical aquifer recharge areas are areas that provide a critical recharging effect on aquifers used for potable water. Spokane County has provisions within the Critical Areas Ordinance and other County ordinances to protect aquifers from the potential impacts of new development including stormwater treatment and restrictions on the storage and use of potential contaminants.

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2.3.4 Facility and Services Review

Services/Facilities Review The subject site receives public sewer from Spokane County and public water from Whitworth Water District #2. Fire protection is provided by Spokane County Fire Protection District #9. Policing is provided by Spokane County Sheriff. School services are provided by Mead School District #354. N. Waikiki Road, adjoining the property to the east is identified as an Urban Principal Arterial within the County’s Arterial Road Plan.

Impact Analysis The proposed amendment will affect population capacity and the need for capital facilities and services. The following analysis illustrates the impacts that will be created by adoption of the amendment. The data is further analyzed in Chapter 3 which examines the cumulative impacts of all the proposed amendments.

Population and Land Capacity The proposed amendment will increase the population capacity within the Urban Growth Area (UGA). The existing Low Density Residential category has an assumed buildout of 4 dwelling units per acre while the High Density Residential category has assumed buildout of 21 dwelling units per acre. To convert residential units to population we assume that, on average, a single-family residence will include 2.5 people and that multi-residential units will contain 1.5 people. The table below illustrates the impact of the proposed amendment on population capacity. This site contains 1.9 acres.

Low Density High Density Site = 1.9 acres Residential Residential Increase

Residential Units 7.6 39.9 32.3

Population 19 59.9 40.9

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Capital Facilities and Services Increasing the density from Low Density Residential to High Density Residential will increase the need for capital facilities and services within the Urban Growth Area. The following table illustrates the increase in demand created by the proposed amendment. This information is then used in Chapter 3 to determine the cumulative impact of all amendment proposals. The analysis is based on assumptions and/or adopted levels of service which are detailed in Chapter 3.

Low High Increase Site size = 1.9 acres Density Density in Residential Residential Demand

Water Consumption (gpd) 1,748 5,506 3,758

Wastewater (gpd) 1,520 4,788 3,268

Schools (students) 3.8 20.0 16.2

Parks (acres) .03 .08 .05

Libraries (sq ft) 7.8 24.6 16.8

Law Enforcement (officers) .02 .06 .04

gpd = gallons per day

Transportation Analysis The Traffic Distribution Letter identifies the automobile as the primary mode of transportation among the residence in the area and indicates that college students may use alternative modes of transportation such as bicycles, skateboards, scooters, or walk to the university. There is also a Spokane Transit Authority (STA) bus route and stop on N. Waikiki/W. Hawthorne Rd. The following tables illustrates the trip generation characteristics under the existing and proposed zone. Assuming approval of the Comprehensive Plan Amendment and the site develops into off campus student housing with an anticipated 160 residences, the vehicular traffic would increase by eleven vehicles in the a.m. peak hour and 19 vehicles in the p.m. peak hour. The vehicular traffic would generate 377 additional daily trips.

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In addition, based on recent traffic counts at N. Waikiki Rd./W. Hawthorne Rd, a trip distribution of vehicular traffic generation resulted to be 25% south on N. Waikiki Rd., 60% east on W. Hawthorne Rd. east of N. Waikiki Rd., and 15% north on N. Waikiki Rd as reflected in Figure 1 below.

Spokane County Public Work Department reviewed the Trip Distribution Letter (TDL) on August 8, 2019 and accepted the data, thus requiring no further traffic information.

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Public Transportation The subject site is in the Public Transit Benefit Area. Spokane Transit Authority (STA) supplies public transportation for region. Bus route #124 North Express and #28 Nevada both stop at Whitworth College and Downtown Spokane. There is a bus stop on the corner of W. Hawthorne/N. Waikiki Rd and a bus shelter on the Whitworth University campus. 2.3.5 Public Participation/Agency Review Notice of the public hearing on the proposal was published in the legal notice section of the Spokesman Review on September 30th, 2020. In addition, notice of the hearing was mailed to property owners within 400 feet of the proposal and a sign was posted on the subject property at least 15-days prior to the public hearing. See additional discussion of public notice in Chapter 2. 2.3.6 State Environmental Policy Act An environmental checklist was prepared by the applicant and circulated to agencies of jurisdictions on May 16th, 2019. The initial review identified transportation issues for the proposal requiring a trip generation letter. A Determination of Nonsignficance (DNS) was issued on September 30th, 2020 with a comment and appeal period ending on October 14th, 2020. The DNS was circulated to agencies of jurisdiction and published in the Spokesman Review on September 30th, 2020.

2.3.7 Guiding Documents/Summary The Spokane County Comprehensive Plan, Zoning Code, and Revised Code of Washington provide the framework for consideration of Comprehensive Plan Amendments. The following are relevant goals and policies for consideration of the proposed amendment. Comprehensive Plan Designation The High Density Residential designation provides a density greater than 15 units per acre. Design standards ensure neighborhood character and compatibility with adjacent uses.

General Comprehensive Plan Goals and Policies UL.1a Provide a healthful, safe and sustainable urban environment that offers a variety of opportunities for affordable housing and employment.

UL. 1b Create a future rich in cultural and ethnic diversity that embraces family and community values and recognizes the interests of the whole community

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Multifamily Residential UL.2.16 Encourage the location of medium and high density residential categories near commercial areas and public open spaces and on sites with good access to major arterials. A determination that a particular property has access to major arterials may be based on a condition of approval or development agreement requiring construction of new roads and/or access to particular arterials.

UL.2.17 Site multifamily homes throughout the Urban Growth Area as follows: a) Integrated into or next to neighborhood, community or urban activity centers. b) Integrated into small, scattered parcels throughout existing residential areas. New multi-family homes should be built to scale and design of the community or neighborhood, while contributing to an area-wide density that supports transit and allows for a range of housing choices.

Staff Notes: The subject site is located within the North Metro Urban Growth Area (UGA) and borders W. Hawthorne Rd. to the south, N. Rahland Rd. to the west, and N. Waikiki to the east. N. Waikiki Rd., an established County road, is identified as Urban Principal Arterial, which serves the major centers of activity in urbanized areas. Principal arterials carry a high proportion of the total urban area travel on a minimum of mileage. Spokane Transit Route #124 North Express stops on the corner of N. Waikiki Rd. and Hawthorne Rd and Route# 28 Nevada stops in the Whitworth Shelter on campus. The nearest commercial area is a gas station with a convenience store located .3 miles south on N. Waikiki. Northpointe Shopping Center is 1 mile east of the subject site. The nearest public open space is Holmberg Conservation Area located .3 miles from the site. There is a variety of housing that exist in the vicinity. Duplexes border the site to the west on N. Rahland Rd. with single-family development bordering north and south.

Residential Land Uses

UL.7 Guide efficient development patterns by locating residential development patterns by locating residential development in areas where facilities and services can be provided in a cost-effective and timely fashion.

UL. 7.1 Identify and designate land areas for residential use, including categories for low, medium, and high-density areas.

UL. 7.2 Coordinate housing and economic development strategies to ensure that sufficient land is provided for affordable housing in locations readily accessible to employment centers.

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U.L 7.3 New urban development must be located within the Urban Growth Area (UGA) boundary.

Staff Notes: The subject site is in the North Metro Urban Growth Area (UGA) and is identified and designated Low Density Residential. Mostly surrounded by single-family dwelling units, there are duplexes to the west on N. Rahland Rd, that add variety and affordability to the housing stock. Whitworth University located east of the subject site is a major economic indicator to drive more variety and affordable housing in the area.

Housing Variety

UL. 8 Create urban areas with a variety of housing types and prices, including manufactured home parks, multifamily development, townhouses, and single-family development.

UL. 8.1 Provide the mixed-income development in residential areas and encourage opportunities for co-housing and shared community resources, where appropriate.

Residential Density

UL.9b Create efficient use of land and resources by reducing the conversion of land to sprawling low density development.

UL.9.1 Establish low, medium, and high density residential categories to achieve population and economic growth objectives. Low density residential areas shall range from 1 to and including 6 dwelling units per acre, medium density residential shall range from greater than 6 to and including 15 dwelling units per acre and high density residential shall be greater than 15 residential units per acre. Mixed residential densities may be established through community-based neighborhood planning, subarea planning, or approval of tradition neighborhood developments.

Staff Notes: The subject site is identified and designated Low Density Residential, which limits the housing stock to single- family residential dwellings and duplexes. Amending the comprehensive plan and zone classification from Low Density Residential to High Density Residential will allow for more variety and affordable housing.

Affordable Housing

H.3a Develop a variety of housing options for all economic groups.

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H.3b Ensure that all present and future residents of Spokane County have the opportunity to obtain adequate housing.

Staff Notes: There is a regional demand for affordable housing in Spokane County. Amending the comprehensive plan designation and zone classification from Low Density Residential to High Density Residential will allow for other types of housing such as apartments. Assuming the proposed site may be off campus student housing, affordability is necessary to accommodate the limited income of the students.

Public Transportation

T.3b Provide a safe, efficient and cost-effective public transportation system.

Staff Notes: The site is well served by public transit. Spokane Transit Authority (STA) supplies public transportation for the region. Bus route #124 North Express and #28 Nevada run through the Whitworth University area to Downtown Spokane. Bus stops are located on W. Hawthorne Rd./ N. Waikiki Rd. and the Whitworth Shelter located on the university campus. These bus routes also stop at the various park and rides such as Hastings, Fairwood, and Country Homes.

Non-motorized Travel-Bicycle and Pedestrian

T.3e Promote pedestrian and bicycle transportation countywide and increase safety, mobility and convenience for non-motorized modes of travel

Staff Notes: The location of the subject side has sidewalks and bike lanes on N. Waikiki Rd and W. Hawthorne Rd, which promotes pedestrian and bicycle transportation. W. Hawthorne Rd. narrows upon entrance to the Whitworth University campus. Narrowing the roads by reducing the number of lanes with addition of planted median strips, bike lanes, and sidewalks are traffic calming tools to slow vehicular traffic and provide for safer non-vehicular travel.

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2.4 - Grove Road - File # 19-CPA-03

2.4.1 Proposal The proposal is to reclassify the comprehensive plan designation from Rural Conservation (RCV) to Mineral Lands (M) for the extraction of sand, rock, and gravel. The proposal is located near the community of Marshall, north of the Cheney-Spokane Road.

Agent: Dwight Hume, Land Use Solutions and Entitlement 9101 N Mt. View Lane Spokane, WA 99218

Owner: CJW Properties 23626 N Perry Road Colbert, WA 99005

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Site Located outside the West Plains/Thorpe UGA-JPA, near the community of Information: Marshall, north of Cheney-Spokane Road and east of S Grove Road. The site lies within the south half of Section 10 and in Section 15, of Township 24 North, Range 42EWM. Parcel Nos. 24103.9059; 24156.9082; 24151.9054; 24154. The site is accessed by Grove Road. Site size is approximately 160 acres.

Existing The project site lies on a flat bluff that drops steeply on the south end Conditions: of the property as the topography slopes downward towards the Cheney-Spokane Road right-of-way. The vegetation that lies on-site consists of areas of Ponderosa Pine forest, as well as open grassy areas.

Arial Photo - 19-CPA-03

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2.4.2 Land Uses and Land Use Designations Comprehensive Plan - 19-CPA-03 Proposed Change from Rural Conservation to Mineral Lands

Surrounding Comprehensive Plan Categories and Land Uses: Rural Traditional (RT) category. Land uses include • North: rural residential housing, with parcels ranging in size

from ±5 acres to ±10 acres. The Cheney-Spokane Road abuts the south end of the project site. Across from the Cheney-Spokane Road, lies rural residential uses on acreages ranging • South: from small nonconforming lots that are less than an acre in size, up to parcels ±85 acres in size. Parcels to the south generally designated Rural Conservation and Rural Traditional by the Spokane County Comprehensive Plan and Zoning maps. The parcels to the east are designated as Rural Conservation by the County Zoning and • East: Comprehensive Plan Maps. Land use includes rural

residential land uses on acreage ranging from ±10 acres to ±15 acres. Multiple existing rock, sand, and gravel mining operations exist to the west. The parcels are • West: designated as Mineral Lands by the Comprehensive Plan Map. According to Spokane County GIS mapping data, there is approximately 490 acres of land designated as ML to the west of the subject site.

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2.4.3 Critical Areas Review Critical Aquifer Recharge Area: Moderate Susceptibility

Fish and Wildlife Habitat: None

Floodplain: None

Wetlands: None

Streams: “Non-Fish” stream directly adjacent to the west of the parcel. This stream lies mainly on parcels already designated as Mineral Lands. Cultural Resources: None identified

Slopes: Steep slopes, over 30%, are limited to the very southern end of the subject site, where the topography drops toward the Cheney-Spokane Road right-of-way.

Critical aquifer recharge areas are areas that provide a critical recharging effect on aquifers used for potable water. Spokane County has provisions within the Critical Areas Ordinance and other County ordinances to protect aquifers from the potential impacts of new development including stormwater treatment and restrictions on the storage and use of potential contaminants. The site is classified as Rocky Mountain elk habitat on the Spokane County Critical Areas Map. 2.4.4 Facility and Services Review Services/Facilities Review The site is in a rural area of Spokane County and will rely on rural levels of service including on-site sewage disposal and on-site water provision. Fire protection is provided by Spokane County Fire Protection District # 3. Policing is provided by Spokane County. The site is adjacent to Grove Road which provides access to the site. Grove Road is classified as a Rural Minor Collector on the County’s Arterial Road Plan. Cheney- Spokane Road abuts the south end of the project site and is classified as a Rural Major Collector. The applicant provided a trip distribution letter dated August 13, 2019 which was reviewed by the relevant transportation agencies. Spokane County is requesting a Mitigated Determination of Nonsignificance (MDNS) under the State Environmental

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Policy Act for the installation of a turn lane at the access point to the project and appropriate signage being required prior to commencement of the use. 2.4.5 Site Evaluation of Mineral Resources Comprehensive Plan Policy NR.1.8(e) states that Mineral land designations should have a minimum deposit size of approximately 500,000 cubic yards for sand, gravel and rock, and approximately 200,000 cubic yards for blend sand. The proposed site meets the standard.

The site consists of five different soil types:

Soil Type Acres Northstar-Rock outcrop complex 11 Stutter-Springdale complex 124 Hagen Ashy sandy loam 9 Spens very gravelly loamy coarse sand 5 Marble loamy sand 4 Note: the area for the access route leading to Grove is not included in the above acres.

All the soil groups are productive for sand and gravel operations except for the Northstar-Rock outcrop complex located on approximately 11 acres on the north-most portion of the site. These soil types have been extracted in adjacent mining operations which illustrate ample depth of the resource for mining operations.

Of the 160 acres, approximately 145 acres would be productive for mining operations. Assuming a 20% reduction for steep slopes and setbacks, the potential mining area is approximately 116 acres. Conservatively assuming an average excavation depth of 10 feet, the resource potential for the site is 1.9 million cubic yards.

2.4.6 Public Participation/Agency Review The applicant and Spokane County Department of Building and Planning have met the following Public Participation Program guidelines for public notice and public hearings:

• Circulation of application and SEPA to affected Spokane County agencies and jurisdictions. • US mail notice to neighboring property owners and tax payers within 1,000 feet. • County-wide general circulation of legal advertisement placed in the Spokesman Review newspaper on September 30th, 2020. • Circulation of amendment to state agencies for review as required by RCW 36.70A. • Publication of amendment and map on the Spokane County Building and Planning webpage.

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• Circulation to neighborhood groups, business groups, and other interested parties.

2.4.7 State Environmental Policy Act (SEPA) The environmental checklist and application information was circulated to the agencies of jurisdiction for initial review and comment on May 16, 2019 with a comment deadline of May 30, 2019. An environmental checklist was prepared by the applicant for the proposal and a Mitigated Determination of Nonsignificance (MDNS) for a non-project action was issued for the proposal on September 30th, 2020 with a comment and appeal period ending on October 14th, 2020. The MDNS resulted from agency comments provided by the Spokane County Public Works Department requiring a turn lane, and adequate road signage at the project’s access point of Grove Road. The MDNS was circulated to agencies of jurisdiction and published in the Spokesman Review on September 30th, 2020.

2.4.8 Guiding Documents/Summary The Spokane County Comprehensive Plan, Zoning Code, and Revised Code of Washington (RCW) provide the framework for consideration of Comprehensive Plan Amendments. The following are relevant goals and policies for consideration of the proposed amendment.

Procedures for Amendment Requests to Mineral Lands For Comprehensive Plan Amendment requests to Mineral Lands, the Spokane County Zoning Code Section 14.402.100 states that these proposals have a two-step process. The first step of the process involves a comprehensive plan map amendment that evaluates the properties compatibility with the goals and objectives of the comprehensive plan. If the comprehensive plan map amendment is approved, the second step is a Zone Reclassification to the Mineral Lands (M) category that will be presented to the Spokane County Hearing Examiner. It is at the zone change request, where the Hearing Examiner will have ability to attach specific conditions of approval to the project, in accordance with agency and public comments as well as the development standards for mining uses found in Section 14.620.240 of the Zoning Code.

The following Zoning Code section illustrates the process:

14.402.100 Amendment Procedures – Zoning Map, Comprehensive Plan/Subarea Plan and relationship to Comprehensive Plan:

1. Applicability This section shall apply to zoning map amendments to implement a sub- area/neighborhood plan or to implement the adoption/amendment of the Comprehensive Plan. Any changes to land use designations made in the Comprehensive Plan will be reflected in changes to the zoning map

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so that the zoning implements the Comprehensive Plan. Such zoning map changes will generally become effective upon adoption by the Board of the Comprehensive Plan changes except that changes to Mineral Lands Zone will not become effective upon adoption of the Comprehensive Plan Changes and shall require subsequent amendment to zoning map pursuant to Section 14.402.060.

Existing Comprehensive Plan Designation The subject parcel is currently designated by the Spokane County Comprehensive Plan as Rural Conservation. The Comprehensive Plan describes the Rural Conservation designations as, “environmentally sensitive areas including critical areas and wildlife corridors.” Additionally, the Comprehensive Plan states that the “category will encourage low-impact uses and utilize clustering and/or other open space techniques to protect sensitive areas and preserve open space.

Staff Note The Spokane County Critical Areas GIS data shows maps a “Non-Fish” stream directly adjacent to the west of the parcel. This stream lies mainly on parcels already designated as Mineral Lands. Additionally, the County’s critical area GIS data shows steep slopes on site, but they are limited to the very southern end of the subject site, where the topography drops toward the Cheney-Spokane Road right-of-way. The site is designated as an area of moderate aquifer recharge, and priority habitat for Rocky Mountain Elk Habitat.

Comprehensive Plan Goals and Policies Related to Mineral Lands Following are applicable Comprehensive Plan Goals and Policies from Chapter 4, Natural Resource Lands, Spokane County Comprehensive Plan:

Mineral Lands Mineral land areas are primarily devoted to sand, gravel, rock, or clay production. Related products such as concrete, asphalt and brick are also produced. Agriculture and forestry may be conducted on mineral resource lands but residences are generally limited to caretaker residences associated with mining or related industry. Mineral Land Designation Criteria NR.1.7 Mineral Resource Lands of long-term commercial significance should be designated on official maps and adopted by the Board of County Commissioners through a comprehensive planning process. Mining shall be allowed on lands not meeting natural resource designation criteria if environmental protection and compatibility with adjacent land uses is assured.

NR.1.8 Mineral Resource Lands of long-term commercial significance should meet all of the following criteria:

a. In Spokane County, the commercially important minerals are sand, gravel, rock or clay. Mineral resource land designations should be made where

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these minerals are known to exist. The Spokane County Mineral Resource Map should be used as a tool to help identify additional sites to help meet future demand.

Staff Note Spokane County adopted Mineral Land mapping categories throughout Spokane County with the initial adoption of the Comprehensive Plan in 2001. Unless the properties had previous mining zone approvals, they were not implemented with Mineral Land zoning until such time as the owner applied for a zone reclassification. This process was designed to assure mining operations could be fully reviewed and impacts to surrounding properties and roadways could be mitigated through conditions of approval imposed by the Hearing Examiner.

b. Mineral resource land designations should be located in areas with compatible land uses, such as mining, industry, agriculture, forestry, vacant or large-lot residential (less than 1 dwelling unit per 5 acres). Mitigation of adverse impacts from mining on adjacent property shall be a prime designation criterion.

Staff Note The proposed site is surrounded by existing rock, sand, and gravel extraction operations. Rural Residential uses also exist in proximity to the project.

c. Mineral resource land designations should be 20 acres or more in size.

Staff Note The site is approximately 160 acres in size.

d. Mineral land designations should have a minimum deposit size of approximately 500,000 cubic yards for sand, gravel and rock, and approximately 200,000 cubic yards for blend sand.

Staff Note See evaluation in this report under Section 2.2.5, Site Evaluation of Mineral Resources

e. Mineral resource land designations shall not occur on lands with wetlands, riparian areas, geological hazard or threatened or endangered species unless impacts can be adequately mitigated.

Staff Note According to Spokane County GIS data, none of these categories are mapped on site.

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f. Mineral resource land designations shall have adequate access for trucks. Access shall not be through a residential neighborhood.

Staff Note The site is accessed by Grove Road, which is designated by the Spokane County Public Works Department as a Rural Local Access Road on the County’s Arterial Road Plan. Grove Road has a chip-sealed, 22-foot wide travel surface. Grove Road connects to the Cheney-Spokane Road to the south. The Cheney-Spokane Road is designated as a Rural Major Collector by the County’s Arterial Road Plan. Grove Road serves multiple existing rock, gravel, and sand extraction operations. Goal NR.3: Land uses shall be consistent with the conservation of designated resource lands and shall not interfere with resource land management practices.

Residential Development on Natural Resource Lands Policies NR.3.9 Residential use on natural resource lands shall be discouraged unless the residential use is related to resource land management or production.

NR.3.10 Mineral lands are designated only for parcels with proven mineral reserves. Only residences connected with the mineral extraction activity should exist on mineral lands.

Goal NR.4 Use best management practices and other innovative techniques in a sustainable and environmentally sensitive manner to protect natural resources from incompatible activities.

Policies NR.4.2 Agricultural, forest and mining operations shall be allowed on natural resource lands when carried on in compliance with applicable regulations, even though they may impact nearby residences.

NR.4.3 Natural resource lands shall be managed, conserved and protected while used for natural resource production and restored to a natural state or developed in conformance with the Comprehensive Plan once resource use has stopped.

Staff Note The mining operation will require a reclamation plan approved by the Washington State Department of Natural Resources.

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Mineral Land Policies

NR.4.11 Recognize that mineral resources are site-specific and not subject to relocation.

NR.4.12 Mining shall be allowed on rural lands as well as lands designated as mineral and other natural resource lands if environmental protection and compatibility with adjacent land uses is assured.

NR.4.13 Encourage local regulations to control environmental impacts of mining operations.

NR.4.14 Approval of proposed mining operations will include conditions that: a. The extraction proposal meets all applicable zoning requirements; b. The proposed extraction operation is buffered from existing or potential developments within the vicinity of the proposed operation; c. A permit, which includes a reclamation plan and performance bond, is obtained through the Washington State Department of Natural Resources; c. Provide for protection of groundwater and surface water, including wetlands, during and after operation; d. Mining shall not be allowed to penetrate the elevation 10 feet above the highest known elevation of an aquifer; e. The monitoring and clean-up of contaminants should be ongoing; f. A permit, when applicable, from DOE for coverage under the Sand and Gravel General Permit.

Staff Note The proposal, if approved, will require a subsequent zone reclassification to consider and provide conditions of approval for the proposed mining operation consistent with the requirements of Section 14.402.100 and 14.620.240 of the Zoning Code. Section 14.620.240, Mining Operations, includes requirements to be implemented when the applicant applies for a Mineral Lane zone reclassification through review by the Hearing Examiner. The hearing before the Hearing Examiner will require detailed site analysis of the mining operation and the Hearing Examiner has the ability to impose conditions to mitigate impacts of the site and the surrounding area. The Zoning standards to be considered by the Hearing Examiner are as follows:

14.620.240 Mining Operations Conditions for the approval of a proposed mining operation include but are not necessarily limited to the following:

1. The extraction proposal meets all applicable zoning requirements. 2. The proposed extraction operation is buffered from existing or potential developments within the vicinity of the proposed operation.

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3. An applicant shall prepare and provide an acceptable reclamation plan to the Washington State Department of Natural Resources (DNR) prior to obtaining a reclamation permit. The plan shall be prepared with the standards set forth in RCW 78.44. DNR shall have the sole authority to approve reclamation plans. 4. After July 1, 1993, no miner or permit holder may engage in surface mining without having first obtained a reclamation permit from DNR. The permit holder shall comply with the provisions of the reclamation permit unless waived and explained in writing by DNR. 5. Provide for protection of groundwater and surface water, including wetlands, during and after operation. 6. Mining shall not be allowed to penetrate the elevation 20 feet above the highest known elevation of an aquifer within the Spokane Valley-Rathdrum Prairie Aquifer area. 7. The monitoring and clean up of contaminants should be ongoing. 8. A sand and gravel permit shall be obtained, when applicable, from the Washington State Department of Ecology. 9. A sufficient amount of topsoil or suitable material shall be retained on-site for revegetation/rehabilitation purposes. 10. The operators shall comply with all existing water quality monitoring regulations of the Washington State Department of Ecology and the Spokane County Health District.

Staff Note It is at the zone reclassification request, where the Hearing Examiner will have the ability to attach specific conditions of approval to the project, in accordance with agency and public comments as well as the development standards for mining uses found in 14.620.240.

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2.5 – West Austin Road - File # 19-CPA-04

2.5.1 Proposal The applicant is requesting approval for an annual Comprehensive Plan Amendment to the designation of Mineral Lands (M) on approximately 32 acres. An existing sand extraction operation exists on approximately 10 acres of land that is currently designated by the Zoning Map as Mineral Lands (M), with the remaining 22 acres being designated as Rural Conservation (RCV). The Comprehensive Plan Amendment requests that the remaining acreage is changed to Mineral Lands (M) on the Comprehensive Plan Map.

Agent & Greg Henning Landowner: 15807 N Castlebrook Lane, Spokane WA, 99207

The site is located in a rural area of the County, north of the City of Spokane, approximately one-third of a mile west of US-395, in Location: Section 31, Township 27 North, Range 43 East, Willamette Meridian, Spokane County. The site is accessed by Austin Road. Parcel: 37311.9078

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The site is currently used for sand extraction on approximately ten acres that is currently designated as Mineral Lands with the Site Description: remainder of the site being vacant. The project site slopes gently to the southeast. The site is served by a gravel lane providing access to Austin Road. A small grove of ponderosa Pine trees are found on the southwest corner of the site.

Aerial

Zoning

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2.5.2 Land Use, Land Use Designations and Project Data

Project Location: The site is in a rural area of the County, northwest of the City of Spokane, approximately one-third of a mile west of US-395, in Section 31, Township 27 North, Range 43 East, Willamette Meridian, Spokane County. The site is accessed by Austin Road.

Parcel Number(s) 37311.9078

Comprehensive Plan Designation: Rural Conservation

Zoning: Mining (MZ) / Rural Conservation (RCV)

Existing sand extraction operation on approximately ten acres of the Existing Land Use: parcel.

Surrounding Comprehensive Plan Categories and Land Uses:

Rural Conservation (RCV) and Rural Traditional (RT) categories. Land uses include rural residential housing, and small-scale • North: agriculture with parcels ranging in size from ±3 acres to ±40 acres. The site access W. Austin Road on the northern boundary of the property.

To the south there are rural residential uses on acreages ranging from small nonconforming lots that are approximately 2 acres in size, • South: up to parcels ±85 acres in size. All parcels to the south of the project site are designated as Rural Conservation by the Spokane County Comprehensive Plan and Zoning Map.

To the east of the site lies Rural Conservation designated land until the north-south boundary of US-395, which also serves as the • East: boundary of the urban growth area. Land to the east of US-395 consists of urban levels of development and services.

The parcels to the west are designated as Rural Conservation and Rural Traditional by the County Zoning and Comprehensive Plan • West: Maps. Land use includes rural residential, and small-scale agriculture land uses on acreage ranging from ±2 acres to ±30 acres.

Land Division Status: The subject property is a Tax Parcel of Record.

Water Purveyor: Individual system.

Sewage disposal would occur on-site and would be subject to Sewage Disposal: Spokane Regional Health District approval.

Fire District #: Spokane County Fire Protection District No. 4

The site contains a small portion of direct frontage to W. Austin Road, Nearest Arterial and Distance: see comments from Spokane County Public Works below.

Neighborhood Association: None

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Previous Land Actions In 1987, the parcel was subject to a zone reclassification approval to allow for ten acres of the subject parcel to be classified as Mining (MZ) (ZN-53-87). The zoning classification has since carried forward, and that same ten acres remains designated as the MZ zone. Approval of the proposed amendment would create congruency between the Spokane County Comprehensive Plan Map and Zoning Map, and void the conditions of approval for the previous zone reclassification. 2.5.3 Site Evaluation of Mineral Resources Comprehensive Plan Policy NR.1.8(e) states that Mineral land designations should have a minimum deposit size of approximately 500,000 cubic yards for sand, gravel and rock, and approximately 200,000 cubic yards for blend sand. The proposed site meets the standard.

The site consists of two different soil types:

Soil Type Acres Hagen ashy sandy loam 2 Marble loamy sand 30

The soil groups are productive for sand and gravel extraction. Assuming a 7-acre reduction for setbacks and an access road, the potential mining area is approximately 25 acres. Assuming an average excavation depth of 15 feet, the resource potential for the site is 605,000 cubic yards.

2.5.4 Governmental Agency Coordination The application process requires primary service providers to provide initial review comments prior to submittal. Agencies were notified on May 16, 2019. Comments were due on May 30, 2019. Comments were received from the Spokane County Public Works Department, the Washington State Department of Transportation (WSDOT), and the Washington State Department of Natural Resources (DNR) responded, acknowledging the project, but provided no comment at this phase of project review. 2.5.5 State Environmental Policy Act (SEPA) An environmental checklist was prepared by the applicant for the proposal. The checklist and application information was circulated to agencies of jurisdiction for initial review and comment on May 16, 2019 with a comment deadline of May 30, 2019. A Determination of Nonsignificance (DNS) for a non-project action was issued for the proposal on September 30, 2020 with a comment and appeal period ending on October 14th, 2020. The DNS was circulated agencies of jurisdiction and published in the Spokesman Review on September 30th, 2020.

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2.5.6 Public Notice Requirements Notice of the public hearing on the proposal was published in the Legal Notice section of the Spokesman Review on September 30th, 2020. In addition, notice of the hearing was mailed to property owners within 1,000 feet of the proposal and a sign was posted on the subject property at least 15 days prior to the public hearing. Public Participation The applicant and Spokane County Department of Building and Planning have met the following Public Participation Program guidelines for public notice and public hearing(s): • Circulation of application and SEPA to affected Spokane County agencies and jurisdictions. • US mail notice to neighboring property owners and tax payers within 1,000 feet. • County-wide general circulation of legal advertisement placed in the Spokesman Review newspaper on September 30th, 2020. • Circulation of amendment to state agencies for review as required by RCW 36.70A. • Publication of amendment and map on the Spokane County Building and Planning webpage. • Circulation to neighborhood groups, business groups and other interested parties.

2.5.6 Guiding Documents The Spokane County Comprehensive Plan, Zoning Code, and Revised Code of Washington (RCW) provide the framework for consideration of Comprehensive Plan Amendments. The following are relevant goals and policies for consideration of the proposed amendment.

Procedures for Amendment Requests to Mineral Lands For Comprehensive Plan Amendment requests to Mineral Lands, the Spokane County Zoning Code section 14.402.100 states that these proposals have a two-step process. The first step of the process involves a comprehensive plan map amendment that evaluates the properties compatibility with the goals and objectives of the comprehensive plan. If the comprehensive plan map amendment is approved, the second step is a Zone Reclassification to the Mineral Lands (ML) category that will be presented to the Spokane County Hearing Examiner. It is at the zone reclassification request, where the hearing examiner will have ability to attach specific conditions of approval to the project, in accordance with agency and public comments as well as the development standards for mining uses found in 14.620.240.

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The following Zoning Code section illustrates the process:

14.402.100 Amendment Procedures – Zoning Map, Comprehensive Plan/Subarea Plan and relationship to Comprehensive Plan:

1. Applicability This section shall apply to zoning map amendments to implement a sub- area/neighborhood plan or to implement the adoption/amendment of the Comprehensive Plan. Any changes to land use designations made in the Comprehensive Plan will be reflected in changes to the zoning map so that the zoning implements the Comprehensive Plan. Such zoning map changes will generally become effective upon adoption by the Board of the Comprehensive Plan changes except that changes to Mineral Lands Zone will not become effective upon adoption of the Comprehensive Plan Changes and shall require subsequent amendment to zoning map pursuant to Section 14.402.060.

Existing Comprehensive Plan Designation The subject parcel is currently designated by the Spokane County Comprehensive Plan as Rural Conservation. The Comprehensive Plan describes the Rural Conservation designations as, “environmentally sensitive areas including critical areas and wildlife corridors.” Additionally, the Comprehensive Plan states that the “category will encourage low-impact uses and utilize clustering and/or other open space techniques to protect sensitive areas and preserve open space.

Staff Note The Spokane County Critical Areas GIS data shows no mapped streams, wetlands, steep slopes, erodible soils or other critical area designations other than Rocky Mountain Elk habitat.

Comprehensive Plan Goals and Policies Related to Mineral Lands Following are applicable Comprehensive Plan Goals and Policies from Chapter 4, Natural Resource Lands, Spokane County Comprehensive Plan:

Mineral Lands Mineral land areas are primarily devoted to sand, gravel, rock, or clay production. Related products such as concrete, asphalt and brick are also produced. Agriculture and forestry may be conducted on mineral resource lands but residences are generally limited to caretaker residences associated with mining or related industry.

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Goals Mineral Land Designation Criteria NR.1.7 Mineral Resource Lands of long-term commercial significance should be designated on official maps and adopted by the Board of County Commissioners through a comprehensive planning process. Mining shall be allowed on lands not meeting natural resource designation criteria if environmental protection and compatibility with adjacent land uses is assured.

NR.1.8 Mineral Resource Lands of long-term commercial significance should meet all of the following criteria:

a. In Spokane County, the commercially important minerals are sand, gravel, rock or clay. Mineral resource land designations should be made where these minerals are known to exist. The Spokane County Mineral Resource Map should be used as a tool to help identify additional sites to help meet future demand.

Staff Note Spokane County adopted Mineral Land mapping categories throughout Spokane County with the initial adoption of the Comprehensive Plan in 2001. Unless the properties had previous mining zone approvals they were not implemented with Mineral Land zoning until such time as the owner applied for a zone reclassification. This process was designed to assure that mining operations could be fully reviewed and impacts to surrounding properties and roadways could be mitigated through Hearing Examiner conditions of approval.

b. Mineral resource land designations should be in areas with compatible land uses, such as mining, industry, agriculture, forestry, vacant or large- lot residential (less than 1 dwelling unit per 5 acres). Mitigation of adverse impacts from mining on adjacent property shall be a prime designation criterion.

Staff Note The proposed site has an existing sand extraction site located on approximately 10 acres of the parcel. The ten acres where the sand extraction site occurs is zoned Mineral Lands (M). The entirety of the subject site is designated as Rural Conservation (RCV) by the Spokane County Comprehensive Plan map.

c. Mineral resource land designations should be 20 acres or more in size.

Staff Note The site is approximately 32 acres in size.

d. Mineral land designations should have a minimum deposit size of approximately 500,000 cubic yards for sand, gravel and rock, and approximately 200,000 cubic yards for blend sand.

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Staff Note See evaluation under Section 2.2.5 of this report, Site Evaluation of Mineral Resources e. Mineral resource land designations shall not occur on lands with wetlands, riparian areas, geological hazard or threatened or endangered species unless impacts can be adequately mitigated.

Staff Note None of these designations are mapped on site.

f. Mineral resource land designations shall have adequate access for trucks. Access shall not be through a residential neighborhood.

Staff Note The site is accessed by W. Austin Road, which is designated by the Spokane County Public Works Department as a Rural Minor Collector Road on the County’s Arterial Road Plan. West Austin Road connects to Dartford Drive to the east. Dartford Drive is designated as a Rural Minor Collector by the County’s Arterial Road Plan. Dartford Drive is used to eventually connect to US-395. Goal NR.3: Land uses shall be consistent with the conservation of designated resource lands and shall not interfere with resource land management practices.

Residential Development on Natural Resource Lands Policies NR.3.9 Residential use on natural resource lands shall be discouraged unless the residential use is related to resource land management or production.

NR.3.10 Mineral lands are designated only for parcels with proven mineral reserves. Only residences connected with the mineral extraction activity should exist on mineral lands.

Goal NR.4 Use best management practices and other innovative techniques in a sustainable and environmentally sensitive manner to protect natural resources from incompatible activities.

Policies NR.4.2 Agricultural, forest and mining operations shall be allowed on natural resource lands when carried on in compliance with applicable regulations, even though they may impact nearby residences.

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NR.4.3 Natural resource lands shall be managed, conserved and protected while used for natural resource production and restored to a natural state or developed in conformance with the Comprehensive Plan once resource use has stopped.

Staff Note The mining operation will require a reclamation plan approved by the Washington State Department of Natural Resources.

Mineral Land Policies

NR.4.11 Recognize that mineral resources are site-specific and not subject to relocation.

NR.4.12 Mining shall be allowed on rural lands as well as lands designated as mineral and other natural resource lands if environmental protection and compatibility with adjacent land uses is assured.

NR.4.13 Encourage local regulations to control environmental impacts of mining operations.

NR.4.14 Approval of proposed mining operations will include conditions that: a. The extraction proposal meets all applicable zoning requirements; b. The proposed extraction operation is buffered from existing or potential developments within the vicinity of the proposed operation; c. A permit, which includes a reclamation plan and performance bond, is obtained through the Washington State Department of Natural Resources; c. Provide for protection of groundwater and surface water, including wetlands, during and after operation; d. Mining shall not be allowed to penetrate the elevation 10 feet above the highest known elevation of an aquifer; e. The monitoring and clean-up of contaminants should be ongoing; f. A permit, when applicable, from DOE for coverage under the Sand and Gravel General Permit.

Staff Note The proposal, if approved, will require a subsequent zone reclassification to consider and provide conditions of approval for the proposed mining operation consistent with the requirements of Section 14.402.100 and 14.620.240 of the Zoning Code. Section 14.620.240, Mining Operations, includes requirements to be implemented when the applicant applies for a Mineral Lane zone reclassification through review by the Hearing Examiner. A public hearing before the Hearing Examiner will require detailed site analysis of the mining operation and the Hearing Examiner can impose conditions to mitigate impacts of the site and the surrounding area. The Zoning standards to be considered by the Hearing Examiner are as follows:

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Spokane County Zoning Code 14.620.240 Mining Operations Conditions for the approval of a proposed mining operation include but are not necessarily limited to the following:

1. The extraction proposal meets all applicable zoning requirements. 2. The proposed extraction operation is buffered from existing or potential developments within the vicinity of the proposed operation. 3. An applicant shall prepare and provide an acceptable reclamation plan to the Washington State Department of Natural Resources (DNR) prior to obtaining a reclamation permit. The plan shall be prepared with the standards set forth in RCW 78.44. DNR shall have the sole authority to approve reclamation plans. 4. After July 1, 1993, no miner or permit holder may engage in surface mining without having first obtained a reclamation permit from DNR. The permit holder shall comply with the provisions of the reclamation permit unless waived and explained in writing by DNR. 5. Provide for protection of groundwater and surface water, including wetlands, during and after operation. 6. Mining shall not be allowed to penetrate the elevation 20 feet above the highest known elevation of an aquifer within the Spokane Valley-Rathdrum Prairie Aquifer area. 7. The monitoring and clean up of contaminants should be ongoing. 8. A sand and gravel permit shall be obtained, when applicable, from the Washington State Department of Ecology. 9. A sufficient amount of topsoil or suitable material shall be retained on-site for revegetation/rehabilitation purposes. 10. The operators shall comply with all existing water quality monitoring regulations of the Washington State Department of Ecology and the Spokane County Health District.

Staff Note It is at the zone reclassification request, where the Hearing Examiner will have the ability to attach specific conditions of approval to the project, in accordance with agency and public comments as well as the development standards for mining uses found in 14.620.240.

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2.6 - East Hawthorne Road - File #19-CPA-06 2.6.1 - Proposal The proposal is to reclassify the comprehensive plan and zoning classifications from Low Density Residential (LDR) to High Density Residential (HDR). The subject site is located on E. Hawthorne Ave., west of Highway 2, and east of N. Hooper Rd.

Agent: Melissa Murphy, Prime Real Estate Group 417 W. 1st Ave. Spokane, Washington 99201

Owner: Melissa Murphy 505 E. Hawthorne Rd. Spokane, Washington 99218

Site Info: Located in the North Metro Urban Growth Area, on E. Hawthorne Rd., west of Highway 2 and east of N. Hooper Rd. The site lies within Section 17, T26N, R43 EWM – Parcel 36172.2402 – Site is 0.7 acres.

Existing Conditions: The subject site is flat with some evergreen trees. There is also a single- family dwelling unit and a detached garage built in 1928.

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Aerial Photo – 19-CPA-06

Comprehensive Plan Proposed Change from Low Density Residential to High Density Residential

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2.6.2 Land Uses and Land Use Designation

Land Use The subject site is flat with a single-family dwelling unit and a detached garage built in 1928. There are also evergreen trees on the lot. Land uses adjacent to the property includes: apartments to the north, single-family dwelling units to the south, a single- family dwelling unit with accessory outbuildings to the east, and apartments to the west. Northpointe Plaza and Providence Medical Group Urgent Care located .01 miles from the subject site, is the closest commercial use.

Land Use Designation The subject site lie in the North Metro Urban Growth Area (UGA) and its current designation is Low Density Residential. Land use designations are as follows: High- Density Residential (HDR) to the north and west, Low-Density Residential (LDR) to the east, and Medium-Density Residential (MDR) to the south.

2.7.3 Critical Areas Review Critical Aquifer Recharge Area: Moderate Susceptibility Fish and Wildlife Habitat: None Floodplain: None Streams: None Cultural Resources: None Critical aquifer recharge areas are areas that provide a critical recharging effect on aquifers used for potable water. Spokane County has provisions within the Critical Areas Ordinance and other County ordinances to protect aquifers from the potential impacts of new development including stormwater treatment and restrictions on the storage and use of potential contaminants. 2.6.4 Facility and Services Review Services/Facilities Review The subject site receives public sewer from Spokane County and water from Whitworth Water District #2. Fire protection is provided by Spokane County Fire Protection District #9. Policing is provided by Spokane County Sheriff. School services are provided by Mead School District #354. Per the Spokane County Road Standards, E. Hawthorne Road is identified as a Minor Arterial Street, and it fronts and provides access to the parcel.

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Impact Analysis The proposed amendment will affect population capacity and the need for capital facilities and services. The following analysis illustrates the impacts that will be created by adoption of the amendment. The data is further analyzed in Chapter 3 which examines the cumulative impacts of all the proposed amendments.

Population and Land Capacity The proposed amendment will increase the population capacity within the Urban Growth Area (UGA). The existing Low Density Residential category has assumed buildout of 4 dwelling units per acre while the High Density Residential category has assumed buildout of 21 dwelling units per acre. To convert residential units to population we assume that, on average, a single-family residence will include 2.5 people and that multi-residential units will contain 1.5 people. The table below illustrates the impact of the proposed amendment on population capacity. This site contains 0.70 acres.

Low Density High Density Site = 0.70 acres Residential Residential Increase

Residential Units 2.8 14.7 11.9

Population 7.0 22.1 15.1

Capital Facilities and Services Increasing the density from Low Density Residential to High Density Residential will increase the need for capital facilities and services within the Urban Growth Area. The following table illustrates the increase in demand created by the proposed amendment. This information is then used in Chapter 3 to determine the cumulative impact of all amendment proposals. The analysis is based on assumptions and/or adopted levels of service which are detailed in Chapter 3.

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Low High Increase Site size = 0.70 acres Density Density in Residential Residential Demand

Water Consumption (gpd) 644 2029 1385

Wastewater (gpd) 560 1764 1204

Schools (students) 1.4 7.4 6.0

Parks (acres) .01 .03 .02

Libraries (sq ft) 2.87 9.07 6.20

Law Enforcement (officers) .01 .03 .02

gpd = gallons per day

Transportation Analysis The Trip Generation Letter proposed the construction of sixteen (16) unit multi-family housing and demolition of the existing single-family dwelling. Figure 1 below illustrates the trip generation characteristics under the existing and proposed zone. The vehicular traffic would increase by 7 vehicles in the a.m. peak hours and 10 vehicles in the p.m. peak hours. The proposal can generate 108 additional daily trips. Spokane County Department of Public Works reviewed the Trip Distribution Letter (TDL) on August 7, 2019 and accepted the data, thus requiring no further traffic information or mitigating measures.

Figure 1

Public Transit Spokane County Transit Authority (STA) supplies public transportation for the region. Bus route #25 Division and Bus route # 28 Nevada have stops on E. Hawthorne Rd and N. Newport Highway, which is within walking distance of the subject site. Route #28 Nevada terminates at the Whitworth bus shelter and Route #25 Division terminates at Hastings Park and Ride. Both routes begin at the Downtown Spokane bus terminal.

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2.7.5 Public Participation/Agency Review Agencies were notified on May 16th, 2019 with a 14-day comment period ending on May 30th, 2019. Notice of the public hearing on the proposal was published in the legal notice section of the Spokesman Review on September 30th, 2020. In addition, notice of the hearing was mailed to property owners within 400 feet of the proposal and a sign was posted on the subject property at least 15-days prior to the public hearing. See additional discussion of public notice in Chapter 2. 2.7.6 State Environmental Policy Act An environmental checklist was prepared by the applicant and circulated to agencies of jurisdictions on May 16th, 2019. The initial review identified transportation issues for the proposal requiring a trip generation letter. A Determination of Nonsignficance (DNS) was issued on September 30th, 2020 with a comment and appeal period ending on October 14, 2020. The DNS was circulated to agencies of jurisdiction and published in the Spokesman Review on September 30th, 2020. 2.7.7 Guiding Documents/Summary The Spokane County Comprehensive Plan, Zoning Code, and Revised Code of Washington provide the framework for consideration of Comprehensive Plan Amendments. The following are relevant goals and policies for consideration of the proposed amendment. Comprehensive Plan Designation The High Density Residential designation provides a density greater than 15 units per acre. Design standards ensure neighborhood character and compatibility with adjacent uses.

General Comprehensive Plan Goals and Policies UL.1a Provide a healthful, safe and sustainable urban environment that offers a variety of opportunities for affordable housing and employment.

UL. 1b Create a future rich in cultural and ethnic diversity that embraces family and community values and recognizes the interests of the whole community

Multifamily Residential UL.2.16 Encourage the location of medium and high density residential categories near commercial areas and public open spaces and on sites with good access to major arterials. A determination that a particular property has access to major arterials may be based on a condition of approval or development agreement requiring construction of new roads and/or

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access to particular arterials.

UL.2.17 Site multifamily homes throughout the Urban Growth Area as follows: a) Integrated into or next to neighborhood, community or urban activity centers. b) Integrated into small, scattered parcels throughout existing residential areas. New multi-family homes should be built to scale and design of the community or neighborhood, while contributing to an area-wide density that supports transit and allows for a range of housing choices.

UL.2.18 Establish development requirements that encourage quality design within multifamily development areas.

UL. 2.19 Develop standards that prescribe maximum building heights and other building design features to give a residential scale and identity to multifamily developments.

Staff Notes: The subject site is located within the North Metro Urban Growth Area (UGA) and has frontage on E. Hawthorne Rd. E. Hawthorne Rd, an established County Road, is identified as a Minor Arterial Street, which interconnects with and augments the principal arterial system. It provides trips of moderate length at a lower level of travel mobility than principal arterials do. The site is .01 miles west of North Newport Hwy (SR-2) and 0.3 miles east of State Route 395. Spokane Transit Route# 28 Nevada and Route#25 Division have stops on E. Hawthorne Rd and N. Newport Hwy, which is within walking distance of the subject site. Providence Medical Group Urgent Care is located on northwest corner of E. Hawthorne and N. Newport Highway. Northpointe Plaza, which has a Safeway and Target, is located on the southeast corner of E. Hawthorne and N. Newport Highway. Open spaces located within 2 miles of the site include: Camelot Park, Freddie’s Natural Area, Brentwood Northwood Park, and Holmberg Conservation Area. There is a variety of housing existing in the area. Apartments border the site to the north and west with single-family dwelling units bordering the east and south.

Residential Land Uses

UL.7 Guide efficient development patterns by locating residential development in areas where facilities and services can be provided in a cost-effective and timely fashion.

UL. 7.1 Identify and designate land areas for residential use, including categories for low, medium, and high density areas.

UL. 7.2 Coordinate housing and economic development strategies to ensure that

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sufficient land is provided for affordable housing in locations readily accessible to employment centers.

U.L 7.3 New urban development must be located within the Urban Growth Area (UGA) boundary.

Staff Notes: The subject site lies within the North Metro Urban Growth Area (UGA) and is identified and designated Low Density Residential. A variety of housing types exist near the subject site. Single-family dwelling units border the east and south with apartments to the north and west. Whitworth University is an economic indicator driving the demand for variety and affordable housing in the area.

Housing Variety

UL. 8 Create urban areas with a variety of housing types and prices, including manufactured home parks, multifamily development, townhouses, and single-family development.

UL. 8.1 Provide the mixed-income development in residential areas and encourage opportunities for co-housing and shared community resources, where appropriate.

Residential Density

UL.9b Create efficient use of land and resources by reducing the conversion of land to sprawling, low density development.

UL.9.1 Establish low, medium, and high density residential categories to achieve population and economic growth objectives. Low density residential areas shall range from 1 to and including 6 dwelling units per acre, medium density residential shall range from greater than 6 to and including 15 dwelling units per acre and high density residential shall be greater than 15 residential units per acre. Mixed residential densities may be established through community-based neighborhood planning, subarea planning, or approval of tradition neighborhood developments.

Staff Notes: The subject site is identified and designated Low Density Residential, which limits the housing stock to single-family residential dwellings and duplexes. Amending the comprehensive plan and zone classification from Low Density Residential to High Density Residential will allow for more variety and affordable housing. Whitworth University located west of the subject site is a major economic indicator for much needed housing for students and infill development. .

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Affordable Housing H.3a Develop a variety of housing options for all economic groups.

H.3b Ensure that all present and future residents of Spokane County have the opportunity to obtain adequate housing.

Staff Notes: There is a regional demand for affordable housing in Spokane County. Amending the comprehensive plan designation and zone classification from Low Density Residential to High Density Residential will allow for other types of housing such as apartments. The applicant mentioned in their application that Whitworth University has created a strong demand for student housing, and a lack of available land creates strong demand for newer housing options.

Public Transportation T.3b Provide a safe, efficient and cost-effective public transportation system.

Staff Notes: The site is well served by public transit. Spokane Transit Authority (STA) supplies the public transportation for the region. Bus routes #25 Division and #28 Nevada have bus stops on E. Hawthorne Rd and N. Newport Highway, which is within walking distance of the subject site. Route #28 Nevada terminates at the Whitworth bus shelter and Route #25 Division terminates at Hastings Park and Ride. Both routes beginning at the Downtown Spokane bus terminal.

Non-motorized Travel – Bicycle and Pedestrian T.3e Promote pedestrian and bicycle transportation countywide and increase safety, mobility and convenience for non-motorized modes of travel.

Staff Notes: The location of the subject site has sidewalks and bike lanes, which encourages pedestrian and bicycle transportation. E. Hawthorne Rd. merges from two lanes to one lane west of the N. Newport Hwy headed towards Whitworth University. Sidewalks, bike lanes. reduction of lanes are traffic calming tools to slow vehicular traffic and provide safer non-motorized travel.

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2.7 – North Wandermere Road – File # 19-CPA-07 2.7.1 Proposal The applicant is requesting approval for an annual Comprehensive Plan Amendment and concurrent zone reclassification of approximately 1.71 acres of Low Density Residential (LDR) designated property to High Density Residential (HDR). The site is located within the North Metro Urban Growth Area, in the Wandermere area.

Agent: Ben Goodmansen Whipple Consulting Engineers 21 S. Pines Road Spokane Valley, WA 99206

Owner: Donald E Lafferty 13113 N Dakota Street Spokane, WA 99208

Site Info: The site is in the Wandermere area and is within the North Metro Urban Growth Area. The site lies within the southeast quarter of Section 5, Township 26 North, Range 43 East, Willamette Meridian, Spokane County. Parcels: 36054.9015; 36054,9016

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Aerial Photo

2.7.2 Land Uses and Land Use Designations Land uses Currently, the site has a single-family residence. To the north lies undeveloped land. The parcel to the south is vacant and is planned for multi-family use. To the east across from the N. Dakota Street right-of-way is the the Stonehorse development, which is a duplex residential development. Wandermere Road right-of-way exists to the west of the property, which may serve as a second access to the subject site. Land Use Designations The proposal lies within the North Metro Urban Growth Area, and is currently designated as Low Density Residential (LDR) by the Spokane County Zoning Map and Comprehensive Plan Map. Properties to the north, east and west are also designated LDR. The parcel to the south is designated as High Density Residential.

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2.7.3 Critical Areas Review Critical Aquifer Recharge Area: High Susceptibility

Fish and Wildlife Habitat: None

Floodplain: None

Wetlands: None

Streams: None

Cultural Resources: None identified

Critical aquifer recharge areas are areas that provide a critical recharging effect on aquifers used for potable water. Spokane County has provisions within the Critical Areas Ordinance and other County ordinances to protect aquifers from the potential impacts of new development including stormwater treatment and restrictions on the storage and use of potential contaminants. The Spokane County Stormwater Utility comments that the county’s Critical Aquifer Recharge Area (CARA) regulations will apply to any development on-site and public sewer and water will be required.

2.7.4 Facility and Services Review Services/Facilities Review The site is in the Spokane County sewer service area and public sewer is available to the site. Water is provided by Water District # 3. Fire protection is provided by Spokane County Fire Protection District # 9. School services are provided by Mead School District # 354. Policing is provided by Spokane County. The site is adjacent Dakota Road which provides primary access to the site. Wandermere Road, to the west may additionally be used to provide access. Impact Analysis The proposed amendment will affect population capacity and the need for capital facilities and services. The following analysis illustrates the impacts that will be created by adoption of the amendment. The data is further analyzed in Chapter 3 which examines the cumulative impacts of all the proposed amendments located within the urban growth area. Population and Land Capacity The proposed amendment will increase the population capacity within the Urban Growth Area. The existing Low Density Residential category has an assumed buildout of 4 dwelling units per acre while the High Density Residential category assumes a buildout of 21 dwelling units per acre. To convert residential units to population we assume that, on average, a single-family residence will include 2.5 people and that multi-residential

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units will contain 1.5 people. The table below illustrates the impact of the proposed amendment on population capacity. The site contains 1.7 acres.

Low Medium Site = 1.7 acres Density Density Increase Residential Residential

Residential units 6.8 35.7 28.9

Population 17 53.6 36.6

Capital Facilities and Services Increasing the density from Low Density Residential to High Density Residential will increase the need for capital facilities and services within the Urban Growth Area. The following table illustrates the increase in demand created by the proposed amendment. This information is then used in Chapter 3 to determine the cumulative impact of all amendment proposals. The analysis is based on assumptions and/or adopted levels of service which are detailed in Chapter 3.

Low High Increase Site size 1.7 acres Density Density in Residential Residential Demand

Water Consumption (gpd) 1,564 4,927 3,363

Wastewater (gpd) 1,360 4,284 2,924

Schools (students) 3.4 17.9 14.5

Parks (acres) 0.02 0.07 0.05

Libraries (sq ft) 7.0 22.0 15

Law Enforcement (officers) 0.01 0.05 0.04 gpd = gallons per day

Transportation Analysis A trip generation and distribution analysis, dated September 3, 2019, was submitted for the proposal for initial analysis of transportation impacts. In addition to the trip generation letter, a transportation impact analysis (TIA) was submitted on July 22, 2019, to provide more detailed analysis.

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The review of the TIA resulted in requests for mitigation measures from the Washington State Department of Transportation (WSDOT). The Washington State Department of Transportation acquired a portion of the subject parcels for the widening of US-395, and during that acquisition, WSDOT also acquired the rights of access to US-395 and Wandermere Road. WSDOT did permit reasonable access to the site but access was limited to serve only residences on the property. The proposed mitigation has resulted in a Mitigated Determination of Nonsignificance (MDNS) under the State Environmental Policy Act (SEPA). Mitigation measures are as follows:

Mitigating Measures: Washington State Department of Transportation

1. When WSDOT acquired a portion of the Lafferty parcel(s) for the widening of US 395, WSDOT also acquired the rights of access to US 395 and Wandermere Road. WSDOT did permit reasonable access to Wandermere Road but that access only can only be used to serve uses on the subject site and no easement can be granted to the abutting parcels to access Wandermere Road. To implement this restriction no access between the adjacent properties shall be provided, a permanent-physical barrier shall be installed and maintained to prevent vehicular cross access prior to the issuance of a certificate of occupancy. 2. The proposed access point to Wandermere Road will require that a WSDOT access permit be applied for and obtained for the intended land use.

Public Transportation Spokane Transit Authority (STA) supplies public transportation for region. The site is within the Public Transit Benefit Area. Bus route # 25 provides the closest bus service line and located approximately one-half mile south of the proposal.

2.7.5 Public Participation/Agency Review An initial review of the proposal was circulated to agencies on May 16, 2020, with a comment period ending on May 30, 2020. For the public hearing, agencies were notified on September 30, 2020. Notice of the public hearing on the proposal was published in the legal notice section of the Spokesman Review on September 30, 2020. In addition, notice of the hearing was mailed to property owners within 400 feet of the proposal and a sign was posted on the subject property at least 15-days prior to the public hearing. See additional discussion of public notice in Chapter 1.

2.7.6 State Environmental Policy Act An environmental checklist was prepared by the applicant for the proposal and a Mitigated Determination of Nonsignificance (MDNS) was issued on September 30, 2020, with a comment and appeal period ending on October 14,2020. The MDNS was

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circulated to agencies of jurisdiction and published in the Spokesman Review on September 30, 2020. Mitigation measures are described in Section 2.7.4 above.

2.7.7 Guiding Documents/Summary The Spokane County Comprehensive Plan, Zoning Code, and Revised Code of Washington provide the framework for consideration of Comprehensive Plan Amendments. The following are relevant goals and policies for consideration of the proposed amendment.

Comprehensive Plan Designation The proposal is to amend the Comprehensive Plan and Zoning map from Low Density Residential (LDR) to High Density Residential (HDR). High Density Residential is primarily for multi-family development at densities of greater than 15 dwelling units per acre. High-density residential zones are usually located near transit services, shopping and major transportation routes. Cluster development, zero lot-line housing and other incentives are permitted to promote infill and preservation of open space. Offices are permitted in the HDR zone to provide some of the service needs generated by high- intensity land uses.

General Comprehensive Plan Goals and Policies UL.1a: Provide a healthful, safe and sustainable urban environment that offers a variety of opportunities for affordable housing and employment.

UL.1b Create a future rich in culture and ethnic diversity that embraces family and community values and recognizes the interests of the whole community.

Urban Character and Design UL.2 Maintain and enhance the quality of life in Spokane County through urban design standards.

Multifamily Residential UL.2.16 Encourage the location of medium and high density residential categories near commercial areas and open spaces and on sites with good access to major arterials. A determination that a particular property has access to major arterials may be based on a condition of approval or development agreement requiring construction of new roads and/or access to particular major arterials.

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Staff Note: The subject property has direct frontage and legal access to Wandermere Road. The portion of Wandermere Road that fronts the subject parcel is currently controlled by the Washington State Department of Transportation. Properties designated as Neighborhood Commercial and Mixed Use exist to the southwest of the subject site. The site lies within the Mead School District. UL.2.17 Site multifamily homes throughout the Urban Growth Area as follows: a) Integrated into or next to neighborhood, community or urban activity centers. b) Integrated into small, scattered parcels throughout existing residential areas. New multi-family homes should be built to scale and design of the community or neighborhood, while contributing to an area-wide density that supports transit and allows for a range of housing choices.

Viewscapes UL.5 Provide for an aesthetically pleasing urban environment and encourage the maintenance and enhancement of natural and cultural views.

UL.5.2 Designate aesthetic corridors along major transportation routes to provide image of the Spokane Region

Residential Land Uses UL.7 Guide efficient development patterns by locating residential development in areas where facilities and services can be provided in a cost-effective and timely fashion.

UL.7.1 Identify and designate land areas for residential uses, including categories for low, medium, and high-density areas.

UL.7.5 Provide for bonus densities, zero lot-line housing, auxiliary structures, accessory dwellings or similar methods to promote infill development, where appropriate.

Housing Variety UL.8 Create urban areas with a variety of housing types and prices, including manufactured home parks, multifamily development, townhouses, and single- family development.

Residential Density UL.9a Create a variety of residential densities within the Urban Growth area with an emphasis on compact mixed-use development in designated centers and corridors.

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UL.9b Create efficient use of land and resources by reducing the conversion of land to sprawling, low density development.

UL.9.1 Establish low, medium and high density residential categories to achieve populations and economic growth objectives.

UL.9.2 Spokane County shall seek, to achieve an average residential density in new developments of at least 4 dwelling units per acre in the Urban Growth area through a mix of densities and housing types.

Staff Note: This amendment would create a High Density Residential designation that would allow for a density increase from the current low density residential designation and provide for a range of housing types and densities. Stormwater CF.8 Provide stormwater facilities and related management programs that protect surface and groundwater quality and habitat, prevent chronic flooding from stormwater, maintain natural stream hydrology and protect aquatic resources.

CF.8.1 New developments within the UGA shall require stormwater management systems.

Transportation T.2 Provide transportation system improvements concurrent with new development and consistent with adopted land use and transportation plans

T.2.1 Maintain an inventory of transportation facilities and services to support management of the transportation system and to monitor system performance.

T.2.2 Transportation improvements needed to serve new development shall be in place at the time new development impacts occur. If this is not feasible, then a financial commitment consistent with the capital facilities plan, shall complete the improvement within 6 years.

T.2.3 Transportation improvements shall be consistent with land use plans, capital funding and other planning elements.

T.2.4 Implement concurrency review and management that evaluates impacts from new developments and identifies funding sources for improvements. Evaluate the transportation system annually and compare to prior years.

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T.2.5 Coordinate planning with appropriate jurisdictions and utility companies for utility corridors that my affect the transportation system.

T.2.6 Use a 10-year and 20-year planning horizon when preparing transportation forecasts to provide information on the location, timing, and capacity needs of future growth.

T.2.7 The transportation system shall support the Land Use Element of the Spokane County Comprehensive Plan as growth occurs.

T.2.8 Major short falls between transportation revenues and improvement costs should be addressed during the annual review of the 6-year transportation improvement program. Resolution of revenue shortfalls could include reassessment of land use, growth targets, level of service standards and revenue availability.

Staff Note: Subsequent site development access to Wandermere Road will be limited solely to the subject site, and a physical barrier will be constructed to restrict access from occurring from the subject parcel to the adjacent parcel to the south as described in the Mitigated Determination of Nonsignificance (MDNS). Zoning Code Chapters SCZC 14.606.100 - Urban Residential Chapter - Purpose and Intent

The purpose of the Urban Residential Chapter is to implement the comprehensive plan goals and policies related to urban residential use. Residential zone classifications provide for a range of residential uses within the urban growth area.

The High Density Residential zone is primarily for multi-family residential uses at a density range of greater than 15 units per acre.

Staff Note: This amendment proposes a revision from Low Density Residential to High Density Residential and would provide for development of multi-family residential at densities consistent to adjacent land uses as described in the Spokane County Comprehensive Plan. Consistency and Concurrency The Growth Management Act requires capital facilities to be concurrent with development. This means that capital facilities must be in place prior to development, or within a specific time. The subject parcel is served by Spokane County Environmental Services for public sewer and public water service is provided by the Spokane County Water District #3. No level of service deficiencies have been identified.

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Subsequent site development is contingent upon compliance with the mitigation measures specified in the Mitigated Determination of Nonsignificance (MDNS) that limits access from Wandermere Road strictly to the subject site. Compliance with the county’s stormwater regulations are consistent with the adopted levels of service and Spokane County Code.

Zoning Code Criteria 14.402.040 – Criteria for Amendment 1. The amendment is consistent with, or implements the comprehensive plan and is not detrimental to public welfare. 2. A change in economic, technological, or land use conditions has occurred to warrant modification of the zoning code. 3. An amendment is necessary to correct an error in the zoning code. 4. An amendment is necessary to clarify the meaning or intent of the zoning code 5. An amendment is necessary to provide for a use(s) that was not previously addressed by the Zoning Code. 6. An amendment is deemed necessary by the commission and/or board as being in the public interest.

Staff Note: See Chapter 1, which discusses the Zoning Code Criteria.

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Chapter 3 – Cumulative Impacts to Services and Facilities

3.1 Introduction Chapter 3 examines the cumulative impacts to services and facilities related to the proposed comprehensive plan and zoning map amendments. The cumulative impact analysis applies only those projects located within the urban growth area. The analysis builds on the comprehensive plan and capital facilities plan update that was recently completed on June 23, 2020 by BCC Resolution no. 2020-0129. The plan update covered the planning period from 2017 to 2037 and included a detailed analysis of future needs for services and facilities.

Transportation impacts are not considered in this Chapter. Each staff report in Chapter 2 includes an analysis of transportation impacts on the specific proposal including any mitigation measures. Additionally, the Spokane Regional Transportation Council (SRTC) analyzes transportation for regional impacts to levels of service and must certify the proposed amendments are consistent with the County’s regional transportation plan prior to adoption by the Board of County Commissioners.

The proposed amendments are reclassifications from Low Density Residential (LDR) to either Medium Density or High Density Residential (HDR) classifications. The proposals would incrementally increase the number of dwelling units within the urban growth area by 251.6 units and increase the population capacity 258.4 people.

An evaluation of increased service and facility demands is included in tables one through seven below. A summary of the impacts is as follows:

Law Enforcement The proposals will increase the need for police officers by 0.27 officers Libraries The need for additional library space will increase by 106 square feet. Parks Demand for park land will increase by 0.36 acres. Schools Impacts to schools includes the addition of 126 additional students. Wastewater The impact to wastewater facilities will be increased by 20,656 gallons per day. Water Consumption Water consumption will be increased by 23,755 gallons per day.

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3.2 Assumptions for Calculating Impacts Determining the service and facility impacts from the proposed amendments involves using adopted levels of service and assumptions based on best available science. The assumption for determining dwelling units and population capacity are derived from the County’s land quantity analysis methodology. 3.2.1 Dwelling Units and Population Capacity

Dwelling Units Classification Assumption Low Density Residential 4 dwellings an acre for available land

Medium Density Residential 11 dwellings an acre for available land

High Density Residential 21 dwellings an acre for available land

Population Capacity Use Assumption Single family residential 2.5 residents per household

Multi-family residential 1.5 residents per household

3.2.3 Assumptions for Services and Facilities

Service or Facility Assumption or Level of Service (LOS) Law Enforcement LOS for police at 1.01 officers per 1,000 people

Libraries LOS of 0.41 square feet of library per capita.

Parks LOS of 1.4 acres of park land per 1,000 people.

Schools 0.5 students per residential unit

Wastewater 200 gallons per day for single-family residential use

Wastewater 120 gallons per day for multi-family residential use

Water Consumption 230 gallons per day for single-family residential use

Water Consumption 138 gallons per day for multi-family residential use

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3.3 Service and Facility Impact Evaluation

Table 1 – Dwelling Units and Population

Potential Potential Potential Potential Dwelling Dwelling Existing Proposed Site Population Population File # Units Units Category Category Size Existing Proposed Existing Proposed Category Category Category Category Low Density Medium Density 18-CPA-05 25.5 102.0 280.5 255.0 420.8 Residential Residential Low Density High Density 19-CPA-02 1.9 7.6 39.9 19.0 59.9 Residential Residential Low Density High Density 19-CPA-06 0.7 2.8 14.7 7.0 22.1 Residential Residential Low Density High Density 19-CPA-07 1.7 6.8 35.7 17.0 53.6 Residential Residential

Total 29.8 119.2 370.8 298.0 556.4

Assumptions LDR = 4 units/acre, MDR = 11 units/acre, HDR = 21 units/acre SFR = 2.5 persons/dwelling, Multifamily = 1.5 persons/dwelling unit

Summary The proposal would increase the number of dwelling units within urban growth area by 251.6 units and increase the population capacity 258.4 people.

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Table 2 - Law Enforcement - Urban Impacts

se

tegory Existing Site Size officers File # Proposed Category Category (acres) Population Potential People Potential People Existing Category Potential Increa Number of in in Service Demand Proposed Ca Change Potential in

Low Density Medium Density 18-CPA-05 25.5 255.0 420.8 165.8 0.17 Residential Residential Low Density High Density 19-CPA-02 1.9 19.0 59.9 40.9 0.04 Residential Residential Low Density High Density 19-CPA-06 0.7 7.0 22.1 15.1 0.02 Residential Residential Low Density High Density 19-CPA-07 1.7 17.0 53.6 36.6 0.04 Residential Residential 0.27 Cumulative impact Officers

LOS - 1.01 officers per 1,000 people (.00101 per person) per Comp Plan Policy CF 1.1 Assumptions LDR = 4 units/acre, MDR = 11 units/acre, HDR = 21 units/acre SFR = 2.5 persons/dwelling, Multifamily = 1.5 persons/dwelling unit

Summary The adopted level of service for Spokane County 1.01 officers per 1,000 persons. The level of service would require the addition of 0.27 officers to serve the projected increase in population.

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Table 3 - Libraries - Urban Impacts

Existing Site Size People File # Proposed Category Category (acres) Population Potential Potential People Service Demand Existing Category Proposed Category Change Potential in sq. ft. Library space Potential Increase in

Low Density Medium Density 18-CPA-05 25.5 255.0 420.8 165.8 68.0 Residential Residential Low Density High Density 19-CPA-02 1.9 19.0 59.9 40.9 16.8 Residential Residential Low Density High Density 19-CPA-06 0.7 7.0 22.1 15.1 6.2 Residential Residential Low Density High Density 19-CPA-07 1.7 17.0 53.6 36.6 15.0 Residential Residential 106.0 Cumulative impact (Sq. ft.)

LOS - 0.41 square feet of library per capita, per Comp Plan Policy CF 1.1 Assumptions LDR = 4 units/acre, MDR = 11 units/acre, HDR = 21 units/acre SFR = 2.5 persons/dwelling, Multifamily = 1.5 persons/dwelling unit

Summary The level of service of 0.41 square feet per capita increases the need for library space by 106 square feet. The Spokane County Library District has adopted a master plan for libraries to guide the acquisition of new library space.

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Table 4 - Parks - Urban Impacts

Existing of acres File # Proposed Category Site Size Category Population Potential People Potential People Service Demand Number Existing Category Proposed Category Change Potential in Potential Increase in

Low Density Medium Density 18-CPA-05 25.5 255 420.8 165.8 0.23 Residential Residential Low Density High Density 19-CPA-02 1.9 19.0 59.9 40.9 0.05 Residential Residential Low Density High Density 19-CPA-06 0.7 7.0 22.1 15.1 0.02 Residential Residential Low Density High Density 19-CPA-07 1.7 17 53.6 36.6 0.05 Residential Residential 0.35

Cumulative impact (acres)

LOS - 1.4 acres of park land per 1,000 people (0.0014ac/person) per Comp Plan Policy CF 1.1 Assumptions LDR = 4 units/acre, MDR = 11 units/acre, HDR = 21 units/acre SFR = 2.5 persons/dwelling, Multifamily = 1.5 persons/dwelling unit

Summary The level of service of 1.4 acres of park land per 1,000 people increases the need for park land by 0.35 acres. Spokane County regularly updates the County’s Park Plan to address the needs for future park facilities.

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Table 5 - Schools - Urban Impact

its

Existing Site Size 12 -

File # Proposed Category of students

Category (acres) K Residential un Service Demand Existing Category Proposed Category Change Potential in Number Potential Res. Units Potential Res. Units Potential Increase in

Low Density Medium Density 18-CPA-05 25.5 102.0 280.5 178.5 89.3 Residential Residential Low Density High Density 19-CPA-02 1.9 7.6 39.9 32.3 16.2 Residential Residential Low Density High Density 19-CPA-06 0.7 2.8 14.7 11.9 6.0 Residential Residential Low Density High Density 19-CPA-07 1.7 6.8 35.7 28.9 14.5 Residential Residential 126.0

Cumulative impact Students

Assumptions LDR = 4 units/acre, MDR = 11 units/acre, HDR = 21 units/acre 0.5 students per residential unit (K-12)

LDR = 4 units/acre, MDR = 11 units/acre, HDR = 21 units/acre

Summary The proposed amendments would increase the number of students within the urban growth area by 126 students. There is not a quantitative level of service for schools, however, schools have the ability to mitigate impacts through development of an impact fee program as provided for in the Growth Management Act.

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Table 6 - Wastewater - Urban Impacts

Potential Potential Potential Wastewater Wastewater Existing Proposed Increase in File # Site Size Existing Proposed Category Category Wastewater Category Category (gpd) (gpd) (gpd)

Low Density Medium Density 18-CPA-05 25.5 20,400 33,660 13,260 Residential Residential Low Density High Density 19-CPA-02 1.9 1,520 4,788 3,268 Residential Residential Low Density High Density 19-CPA-06 0.7 560 1,764 1,204 Residential Residential Low Density High Density 19-CPA-07 1.7 1,360 4,284 2,924 Residential Residential

Total 23,840 44,496 20,656

Assumptions Wastewater produced per dwelling unit = 200 gallons/day (gpd) single family, 120 gpd for multifamily unit Commercial/industrial wastewater = 1,200 gallons/acre/day

Summary The proposed amendments would increase wastewater by 20,656 gallons per day. Per the recently adopted Capital Facilities Plan, the county has adequate capacity to support new development. The CFP projects a reserve capacity of 3.7 million gallons per day in the year 2037.

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Table 7 - Water Consumption - Urban Impacts

Potential Water Potential Water Potential Consumption Consumption Existing Proposed Increase in Water File # Site Size Existing Proposed Category Category Consumption Category Category (gpd) (gpd) (gpd)

Low Density Medium Density 18-CPA-05 25.5 23,460 38,709 15,249 Residential Residential Low Density High Density 19-CPA-02 1.9 1,748 5,506 3,758 Residential Residential Low Density High Density 19-CPA-06 0.7 644 2,029 1,385 Residential Residential Low Density High Density 19-CPA-07 1.7 1,564 4,927 3,363 Residential Residential

Total 27,416 51,171 23,755

Assumptions Consumption for single family residence = 230 gallons/day, multifamily residence = 138 gallons/day Commercial/industrial water consumption = 1,150 gallons/acre LDR = 4 units/acre, MDR = 11 units/acre, HDR = 21 units/acre

Summary The proposed amendments would increase water consumption by 23,755 gallons per day. Per the recently adopted Capital Facilities Plan, the county has adequate capacity to support new development within the current 2017 to 2037 planning horizon.

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Chapter 4 - Proposed Text Amendment – Infill Development 4.1 Introduction - Summary As part of Spokane County’s 2019 Annual Comprehensive Plan Amendments, the Department of Building and Planning is considering options to increase opportunities for infill development within the Urban Growth Area. The objective is to provide more opportunities for diverse housing types and increase housing affordability. This effort identifies barriers to certain types of residential development and provides policy and regulatory changes to increase infill opportunities. The proposed changes will affect those areas within the unincorporated Urban Growth Area that are zoned Low Density Residential. The initial review for this project was predicated on concerns within the development community that it is often difficult to develop single family residences in certain areas within the UGA. Many of these areas contain smaller parcels within established neighborhoods, which because of location and economic limitations makes development of traditional subdivisions difficult and less profitable to the point that they become unfeasible. Review and discussion has identified barriers to development including:

• Lot Standards Lot standards include dimensional requirements for lot size, setbacks, frontage and lot coverage. The standards can impede development of infill and affordable housing by limiting smaller lot compact development. Proposed Revisions Lot standards are revised to allow greater flexibility and promote infill development.

• Density The current maximum density of 6 units per acre in the Low Density Residential zone can hinder infill development, especially in older neighborhoods. In some established residential areas, the sale price for a new single-family home may not provide enough revenue to make the development feasible. Higher density housing may allow development to meet this profitability threshold. Proposed Revisions Increase the maximum density to 8 units per acre in the Low Density Residential Zone. Bonus density would allow projects to increase to 10 units per acre for certain infill projects such as row housing and duplex housing.

• Row Housing Row housing, which provides the opportunity for higher density development, is currently only allowed through a Planned Unit Development (PUD). The PUD

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process is more complex than a traditional subdivision, requiring additional design components and a lengthier process. While the PUD process has been successful for certain developments, it is seldom used. Proposed Revisions Increase the maximum density to 8 units per acre in the Low Density Residential zone. Additionally, allow subdivisions to increase to 10 units per acre for certain infill projects, such as row housing and duplex housing, and providing standards to reduce impacts to existing neighborhoods.

• Duplex Development Duplex development, which can provide affordable housing in the UGA, is hindered by development standards that require large lot areas and preclude the development of vertical/stacked duplex units where each dwelling unit is on a separate floor. Proposed Revisions Revise the definition of duplex to allow stacked, vertical units. Reduce lot area requirements for a duplex to the same lot area requirement for a single-family dwelling. Provide a bonus density for duplexes located on corner lots where the duplex can be designed to resemble a single-family dwelling unit when viewed from the street.

• Bonus Density Bonus density, which is supported by Comprehensive Plan policies, is only available in the Low Density Residential zone through planned unit developments. Providing bonus density for infill development may increase options for affordable housing in the UGA. Proposed Revisions Provide bonus density provisions for infill development including row housing and certain types of compatible duplex housing. Bonus density will allow a maximum of 10 units per acre in the Low Density Residential zone.

• Small Scale Triplex and Fourplex Development Small scale triplex and fourplex development can provide infill opportunities on sites that are difficult to develop with traditional single-family dwellings. These areas may include isolated, smaller vacant parcels where property values make construction of new single-family dwellings unfeasible. Providing this opportunity while limiting density to a maximum of 10 units per acre can provide affordable housing opportunities within the urban growth area.

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Proposed Revisions Allow infill with triplex and fourplex units with bonus density to a maximum of 10 units per acre. Include development standards to mitigate impacts to adjacent single-family development.

4.2 Proposed Amendments to the Comprehensive Plan Additional wording underlined Deleted wording strikethrough

Page UL-1, Comprehensive Plan

Urban Land Use Categories

Residential Categories Three separate categories for residential use are established, ranging from low to high density. Low density residential includes a density range of 1 to and including 6 8 dwelling units per acre. Bonus density in the low density residential category may allow an increase to 10 dwelling units per acre for qualifying infill projects. mMedium density residential includes a range of greater than 6 to and including 15 dwelling units per acre and high density residential shall be greater than 15 dwelling units per acre. Design standards ensure neighborhood character and compatibility with adjacent uses. Commercial uses, with the exception of office use in high-density residential areas and neighborhood centers associated with traditional neighborhood developments, would only be permitted through changing the land use category with a comprehensive plan amendment or through a neighborhood planning process.

Page UL-12, Comprehensive Plan

Goal UL.9a Create a variety of residential densities within the Urban Growth Area with an emphasis on compact mixed-use development in designated centers and corridors.

UL.9b Create efficient use of land and resources by reducing the conversion of land to sprawling, low density development.

Policies UL.9.1 Establish low, medium, and high density residential categories to achieve population and economic growth objectives. Low density residential areas shall range from 1 to and including 6 8 dwelling units per acre. Bonus density in the low density residential category may allow an increase to 10 dwelling units per acre for qualifying infill projects. , m Medium density residential shall range from greater than 6 to and including 15 dwelling units per acre and high density residential shall be greater than 15.0 residential units per acre. Mixed residential densities may be established through community-based neighborhood planning, subarea planning, or approval of traditional neighborhood developments.

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UL.9.2 Spokane County shall seek to achieve an average residential density in new development of at least 4 5 dwelling units per net acre in the Urban Growth Area through a mix of densities and housing types.

4.3 Proposed Amendments to the Zoning Code Additional wording underlined Deleted wording strikethrough

Chapter 14.300 Definitions 14.300.100 Definitions Dwelling, Two-Family (Duplex): A single structure containing 2 dwelling units designed exclusively for occupancy by 2 families living independently of each other, and neither unit is considered an accessory dwelling unit. To be classified as a duplex, the dwelling units must be connected by a common floor/ceiling, a common wall or by a covered carport/breezeway which does not exceed a distance of 20 feet between the two dwelling units. To be considered a common wall, at least 50 % of the wall shall be physically connected to the wall of the contiguous unit. To be considered a common ceiling, at least 50 % of the ceiling area shall be physically connected to the ceiling of the contiguous unit.

Chapter 14.606 Urban Residential Zones 14.606.100 Purpose and Intent The purpose of the Urban Residential Chapter is to implement Comprehensive Plan goals and policies related to urban residential use. Residential zone classifications provide for a range of residential uses within the Urban Growth Area.

The Low Density Residential (LDR) zone is primarily for single-family, duplex and row housing residential development that allows a density of 1 to and including 6 8 dwelling units per acre and up to 10 units per acre for qualifying infill projects. Small scale, multi- family development may be permitted, consistent with density standards to provide compatibility with adjacent single-family residences. Zero lot-line housing, bonus density and other incentives are permitted to promote infill, preservation of open space, and a variety of housing types and densities.

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14.606.220 Residential Lands Matrix

Table 606-1, Residential Zones Matrix

Residential Uses LDR LDR-P MDR HDR Dwelling, multi-family, small scale infill L N N N development Dwelling, multi-family N N P L Dwelling, multi-family, greater than 30 units per N N N CU acre Dwelling, single-family P P P P

Dwelling, row housing L N P P

Dwelling, two-family duplex P N P P Dwelling, two-family duplex - corner lot bonus L N N N density

14.606.230 Limited Uses with Specific Standards Uses that are categorized with an “L” in table 606-1, Residential Zones Matrix, are subject to the corresponding standards of this section. In the case of inconsistencies between section 14.606.220 (Residential Zones Matrix) and section 14.606.230, section 14.606.230 shall govern.

x. Dwelling, Two-family Duplex with corner lot bonus density (LDR zone) a. A two-family duplex dwelling located on a corner lot shall be considered as a single-family dwelling for the purposes of calculating density provided the front door and driveway for each unit face opposite streets to give the appearance of a single-family residence from the street view, as illustrated below.

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a. Multifamily development shall be limited to triplex or fourplex dwellings located on a single parcel/lot not smaller than 13,000 sq. ft. b. A bonus density of 2 dwelling units per acre is provided allowing a maximum density of 10 units per acre. c. Rear or side lot lines abutting an existing single-family development shall require installation of a 6-foot sight obscuring fence along the rear/side property lines. d. Landscaping shall be required consistent with Chapter 14.806, Landscaping and Screening Standards. Landscaping type and width of plantings shall be consistent with Section 14.806.130. e. Parking shall be required consistent with Chapter 14.802, Off-Street Parking and Loading Standards, and shall comply with the standards for a multi-family dwelling. f. Permit applications shall require a technical review meeting following submittal of a detailed site plan, consistent with Chapter 14.410, Building Permit Review. x.16. Row housing (LDR zone) a. Row housing development requires application and review as a Planned Unit Development under Chapter 14.704.

a. Row housing shall comply with the requirements for Zero Lot Line Development under Section 14.606.300(4). b. Preliminary plats in which 25% or more of dwellings are row houses shall be allowed a bonus density of 2 units per acre within the Low Density Residential zone for a maximum density of 10 units per acre. If the preliminary plat is completed in phases, each phase of the development must include at least 25% of the units as row housing units until the total number of row housing units required to receive the bonus density has been reached. This requirement shall be included in the plat dedicatory wording. c. Row housing lots with rear/side lot lines abutting an existing single-family neighborhood shall require installation of a 6-foot sight obscuring fence and 5 feet of Type 1 landscaping along the rear/side property line. Street frontage shall require five feet of Type 3 landscaping which includes installation of street trees. The fencing and landscaping improvements shall be installed prior to final plat approval. In the case of delays caused by weather conditions, appropriate arrangements with the Department shall be made to ensure construction.

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14.606.300 Development Standards Permitted uses in the Urban Residential zones shall comply with the following development standards. Prior to the issuance of a building permit, evidence of compliance with provisions of this section shall be provided.

40. Density Standards: Table 606-2, Density Standards for Residential Zones Low Density Medium Low Density High Density Residential Density Residential Residential Plus Residential 1 to 6 8 Over 6 to 15 Over 15 1 unit/acre Density: units/acre* units/acre units/acre

*Bonus densities may be allowed for planned unit developments and other infill developments as identified herein.

2. Lot Standards: Table 606-3, Lot Standards for Residential Zones

Low Density Low Density Medium Density High Density

Residential Residential Plus Residential Residential Max. Building 55 % of lot area 55 % of lot area 65 % of lot area 70% of lot area Coverage 35 feet 35 feet 40 feet 50 feet

Max. Height 65 feet for a 65 feet for a 65 feet for a 65 feet for a college/university college/university college/university college/university

Permitted uses: Minimum lot 6,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. area

Minimum 50 feet 60 feet 60 feet 60 feet frontage

Single family:

Minimum lot 4,000 5,000 sq. 43,560 sq. ft. 4,200 2,500 sq. ft. 1,600 sq. ft. area ft.

Minimum 5040 feet 90 feet 50 36 feet 20 feet frontage

Duplex:

Minimum lot 10,000 4,000 sq. Not applicable. 8,400 2,500 sq. ft. 3,200 1,300 sq. ft. area ft.

Minimum 50 40 feet Not applicable 50 40 feet 40 30 feet frontage

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Row Housing:

Minimum lot 2,500 sq. ft. Not applicable. 1,300 sq. ft. 1,300 sq. ft. area

Minimum 36 feet Not applicable 36 feet 36 feet frontage

Minimum frontage w/ 20 feet Not applicable 16 feet 16 feet vehicle access from alley

Minimum Yard Setback:

15 feet – 15 feet – 15 feet – 15 feet – Front/flanking residence residence residence residence street 20 feet – garage 20 feet – garage 20 feet – garage 20 feet – garage

Five feet plus 1 additional foot for each Side 5 feet 5 feet additional foot of structure height over 25 feet to a maximum of 15 feet.

Rear (all Five feet plus 1 additional foot for each additional foot of structure height over 25 residential feet to a maximum of 15 feet. zones)

Notes: 1 Setbacks are measured from the property line unless there is a border easement, in which case, the setback shall be measured from the back of the sidewalk. 2. Zero-foot setbacks for side lot lines may be allowed consistent with 14.606.300(4). 3. Front/flanking street setbacks for garages include both attached and detached structures

Amend Chapter 14.806, Landscaping and Screening Standards as follows:

14.806.130 Landscaping Requirements for Multi-family, Small Scale Infill Development

Landscaping provisions for infill multi-family development (Chapter 14.606) are intended to ensure an environmental quality that complements the objectives of the residential development and to provide screening to adjacent uses.

1. A multi-family infill development project shall not be approved until the Department approves a landscape plan, consistent with this chapter. 2. Required landscaping shall be consistent with the requirements for a clear view triangle. 3. Rear/side lot lines shall require installation of a 6-foot sight obscuring fence and 5 feet of Type 1 landscaping. Street frontage shall require five feet of Type 3 landscaping which includes installation of street trees. The fencing and landscaping improvements shall be installed prior to issuance of a certificate of occupancy. In the case of delays caused by

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weather conditions, appropriate arrangements with the Department shall be made to ensure construction of landscape improvements. 4. Modifications to protect drainage features, easements, or facilities shall be allowed in accordance with Section 14.806.040.

4.4 Public Participation/Agency Review Spokane County provided early public participation efforts through Planning Commission workshops and focus group meetings. Following is list of workshops/meetings that served to develop and refine the proposal:

May 17, 2017 Planning Commission Workshop June 14, 2018 Planning Commission Meeting August 30, 2018 Planning Commission Meeting October 4, 2018 Development Community Focus Group October 11, 2018 Neighborhood Groups Focus Meeting

Public Hearing

Notice of the proposed text amendments was published in the Legal Notice section of the Spokesman Review on September 30, 2020. The proposal was mailed to agencies of jurisdiction, identified neighborhood and business groups, and individuals on September 30, 2020. State agencies were notified in accordance with RCW 36.70A.106 on July 1st, 2020. A public hearing before the Spokane County Planning Commission is scheduled for October 15, 2020. See Chapter 1 for additional information on Public Participation efforts 4.5 State Environmental Policy Act (SEPA) A Nonproject environmental checklist was reviewed by Building and Planning staff and a Determination of Nonsignificance (DNS) was issued on September 30th, 2020, with a comment and appeal period ending on October 14th, 2020. The DNS was circulated to agencies of jurisdiction and published in the Spokesman Review on September 30, 2020. See Chapter 1 for additional information on the environmental review.

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4.6 Impacts to Population, Land Capacity, Facilities and Services Population and Land Capacity The Board of County Commissioners adopted a population forecast for Spokane County in 2016. The forecast projected growth in cities and unincorporated areas for the planning period 2017 to 2037. In that time the County is expected to increase in population from 499,348 people to 583,409 people for a total growth of 84,061 people. Within the unincorporated urban growth area (UGA), the forecast projects growth of 14,224 people. While the proposed infill provisions will not affect the population forecast, it may increase the population capacity within the unincorporated UGA. The increase in capacity is potentially a result of increasing density and making smaller sites more likely to be developed. Promoting infill development options makes the need to expand the UGA less likely in the future and will provide more opportunities to build affordable housing with access to urban services. Capital Facilities and Services Capital facilities and services includes things such as public water, wastewater, transportation facilities, transit, schools, parks and libraries Providing for infill development with increased density will have the positive effect of being able to utilize existing services and facilities, thereby reducing the need for expansion of new roads and other services into undeveloped areas. The recent update to Spokane County’s Comprehensive Plan and Capital Facilities Plan (BCC Resolution 2020-0129) assessed the impact of future growth and the need for new or expanded public services within the planning horizon (2017-2037). The planning update found that Spokane County has adequate facilities and services to meet the needs within the planning period. Additionally, by providing for more compact urban development, the proposal has the potential of reducing the need for expansion of services and facilities, reducing car trips and lessening the emission of greenhouse gases. Providing for infill development and reducing sprawl is supported by Comprehensive Plan goals and policies as detailed in 4.7 below.

4.7 Guiding Documents The Spokane County Comprehensive Plan, Zoning Code, and Revised Code of Washington provide the framework for consideration of Comprehensive Plan Zoning Code Amendments. The proposal is consistent with the Comprehensive Plan. The following are relevant goals and policies for consideration of the proposed amendment.

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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 Comprehensive Plan Goals and Policies UL.1a: Provide a healthful, safe and sustainable urban environment that offers a variety of opportunities for affordable housing and employment.

UL.1b Create a future rich in culture and ethnic diversity that embraces family and community values and recognizes the interests of the whole community.

Urban Character and Design UL.2 Maintain and enhance the quality of life in Spokane County through urban design standards.

UL.2.10 Mixed-use or mixed-density developments, such as traditional neighborhood developments, should be encouraged in all residential categories where they would be compatible with neighborhood character.

Performance Standards UL.4 Encourage exemplary developments and creative design through the use of performance standards.

UL.4.1 Allow flexibility and innovative design through the use of performance standards which emphasize outcomes.

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Residential Land Uses UL.7 Guide efficient development patterns by locating residential development in areas where facilities and services can be provided in a cost-effective and timely fashion.

UL.7.2 Coordinate housing and economic development strategies to ensure that sufficient land is provided for affordable housing in locations readily accessible to employment centers.

Housing Variety UL.8 Create urban areas with a variety of housing types and prices, including manufactured home parks, multifamily development, townhouses, and single-family development.

Residential Density UL.9a Create a variety of residential densities within the Urban Growth area with an emphasis on compact mixed-use development in designated centers and corridors.

UL.9b Create efficient use of land and resources by reducing the conversion of land to sprawling, low density development.

Zoning Code Criteria for Amendments The infill proposal contemplates amendments to the Comprehensive Plan and Zoning Code. Chapter 14.402 of the Zoning Code provides criteria to be considered for proposed amendments as shown below. The proposal was initiated by the Board of County Commissioners and is consistent with criteria 2, 5 and 6.

14.402.040 Criteria for Amendment The County may amend the Zoning Code when one of the following is found to apply. 1. The amendment is consistent with or implements the Comprehensive Plan and is not detrimental to the public welfare. 2. A change in economic, technological, or land use conditions has occurred to warrant modification of the Zoning Code. 3. An amendment is necessary to correct an error in the Zoning Code. 4. An amendment is necessary to clarify the meaning or intent of the Zoning Code.

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2019 Annual Comprehensive Plan Amendments Draft 6-23-20

5. An amendment is necessary to provide for a use(s) that was not previously addressed by the Zoning Code. 6. An amendment is deemed necessary by the Commission and/or Board as being in the public interest.

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