The purposes of this chapter are to:

1. Designate the South Logan TOD Subarea shown in Figure 17C.420.015-A of this Chapter as a Planned Action Area for purposes of environmental review and permitting of designated Planned Action projects pursuant to RCW.43.21C.440;

2. Combine environmental analysis, land use plans, development regulations, and City codes and ordinances together with the mitigation measures in the South Logan TOD Final Environmental Impact Statement (FEIS) to mitigate environmental impacts and process Planned Action development applications in the Planned Action Area;

3. Confirm that the South Logan TOD FEIS meets the requirements of a Planned Action FEIS pursuant to SEPA;

4. Establish criteria and procedures for the designation of certain projects within the Planned Action Area as Planned Action projects consistent with RCW 43.21C.440;

5. Provide clear definition as to what constitutes a Planned Action project within the Planned Action Area, identify the criteria for Planned Action project approval, and determine how development project applications that qualify as Planned Action projects will be processed by the City;

6. Streamline and expediate the land use permit review process by relying on the South Logan TOD FEIS; and

7. Apply the mitigation framework contained in this Ordinance for the processing of Planned Action project applications and incorporate the applicable mitigation measures into the underlying project permit conditions in order to address the impacts of future development contemplated by this Ordinance.

Date Passed: Monday, August 12, 2024

Effective Date: Sunday, September 15, 2024

ORD C36554 Section 2

To qualify for a Planned Action designation, a project application shall comply with the following procedures and criteria for evaluation.  

1. Planned Action Area.

The Planned Action designation shall apply to the approximately 342-acre South Logan TOD area, which is generally bounded by E Augusta Avenue and E Indiana Avenue on the north, N Perry Street and the Spokane River on the east, N Lidgerwood Street on the west, and the Spokane River on the south, and that is specifically shown in Figure 17C.420.015-A, “Planned Action Area.”

Figure 17C.420.015-A: Map of Planned Action Area

2. Environmental Document.

A Planned Action determination for a site-specific implementing project application shall be based on the environmental analysis contained in the South Logan TOD Final EIS adopted by the City on January 29, 2024 (RES 2024-0015), which adequately identified and addressed environmental impacts of the Planned Action. The mitigation measures contained in the FEIS, Exhibit A, are based upon the findings of the South Logan TOD EIS and shall, along with adopted City regulations, provide the framework that the City will use to review and to impose appropriate conditions on qualifying Planned Action projects.

3. Planned Action Projects Designation.

Land uses and activities described in the South Logan TOD FEIS, subject to the thresholds described in subsection D of this section and the mitigation measures contained in Exhibit A, are designated Planned Actions or Planned Action projects pursuant to RCW 43.21C.440 and WAC 197-11-172 (“Planned Action Project”). A development application for a site-specific Planned Action project located within the South Logan TOD Planned Action area that meets the criteria set forth in subsection D of this section and applicable laws, codes, development regulations and standards, may be designated a Planned Action Project pursuant to the process in SMC Section 17C.420.020.

4. Planned Action Qualifications.

The following thresholds shall be used to determine if a site-specific development proposed within the South Logan TOD Planned Action area qualifies as a Planned Action Project and has had its environmental impacts evaluated in the South Logan TOD FEIS:

0. 1. Qualifying Uses.
      1. Planned Action Categories.

The primary land uses and levels of development as envisioned in the South Logan TOD Preferred Alternative and as reviewed in the South Logan TOD FEIS, along with conditional and accessory uses permitted in the associated zones, are considered Planned Actions. The primary uses include residential, commercial, and mixed-use development.

1. 2. Planned Action Project Primary Uses.

A Planned Action Project may be a single Planned Action use, or a combination of Planned Action uses within a mixed-use development. A land use can qualify as a Planned Action Project when:

1. 1. 1. It is within the Planned Action Area; and

1. 1. 2. It complies with the land use plan map designation of the property identified in the South Logan TOD Preferred Alternative or has a lower intensity designation; and

1. 1. 3. Is within one or more of the primary uses described in Subsection D.1 above; or

1. 1. 4. It is a permitted accessory use or appurtenant to a permitted use.

1. 3. Public Services.

The following public services, infrastructure, and utilities may also qualify as Planned Action Projects: streets and non-motorized improvements, utilities, parks, trails, civic, cultural, governmental, and similar facilities developed consistent with the South Logan TOD FEIS mitigation measures, City design standards, critical area regulations, and the Spokane Municipal Code.

1. 4. Development Thresholds.

1. The following amount of increase in housing is contemplated by the Planned Action:

¹ Includes equivalent housing added in college dormitories.

2. If future development proposals in the South Logan TOD Planned Action area exceed the development thresholds specified in this chapter, further environmental review may be required pursuant to WAC 197-11-172. Further, if the proposed development would alter the assumptions and analysis in the South Logan TOD FEIS, further environmental review may be required.

1. 5. Building Heights.

Building heights shall not exceed the maximums identified and reviewed in the South Logan TOD Final FEIS and South Logan TOD Plan.

1. 6. Transportation.

1. The Preferred Alternative is anticipated to generate approximately 928 new PM peak-hour vehicle trips. This equates to approximately 9 percent higher traffic volumes in the area compared to the 2045 No Action alternative.

2. Trip Threshold.

Uses or activities that would exceed the forecasted trips shown above would not qualify as Planned Actions and would require additional transportation review.

3. City Engineer Discretion.

The City Engineer or their designee shall have discretion to determine incremental and total trip generation, consistent with the Institute of Traffic Engineers (ITE) Trip Generation Manual (latest edition) or an alternative manual accepted by the City Engineer, for each project permit application proposed under this planned action.

4. Transportation Improvements and Mitigation.
   0. 1.  
   1. On-Site and Off-Site Improvements.

The Planned Action may require on-site and off-site transportation improvements to mitigate significant adverse impacts as development occurs. These transportation improvements are identified in the South Logan TOD FEIS and South Logan TOD Plan. The City shall have the discretion to adjust the allocation of responsibility for required improvements between individual Planned Action projects based on their identified impacts.

1. 1. 1. 2. Hamilton and Trent.

The intersection of N Hamilton Street/E Trent Avenue is forecasted to operate at LOS E during the 2045 No Action and LOS F with full development of Planned Action projects. Any development must implement measures to restore the LOS and delay to its pre-development level of LOS E.

1. 7. Elements of the Environment and Degree of Impacts.

A proposed project that would result in a significant change in the type or degree of impacts to any of the elements of the environment analyzed in the South Logan TOD FEIS, EIS addendum, and/or supplemental EIS, would not qualify as a Planned Action.

1. 8. Changed Conditions.

Should environmental conditions change significantly from those analyzed in the FEIS, the City’s PAO Responsible Official may determine that the Planned Action designation is no longer applicable until a supplemental environmental review is conducted.

1. 9. Additional Mitigation Fees.

The City may adopt and apply such other fees as may be deemed necessary and appropriate to mitigate impacts to other capital facilities in the Planned Action area and to accommodate planned growth. Such fees, if adopted, shall be in addition to any fees required in subsection (D)(6)(d) of this section, and shall apply only to required improvements that are not addressed in this subsection.

1. 10. Inadvertent Discovery Plan.

An Inadvertent Discovery Plan (IDP) should be implemented into the scope of work for all projects within the Planned Action area. The IDP should outline procedures to perform in the event of a discovery of archaeological materials or human remains. The IDP should always be kept at the project site during all project activities. If any artifacts or human remains are found upon excavation, the Tribal Historic Preservation Office (THPO), Washington State Department of Archaeology and Historic Preservation (DAHP), and Spokane Historic Preservation Office shall be immediately notified and the work in the immediate area cease.

1. 11. Historic Preservation Design Review.

Properties individually placed on the Spokane Register of Historic Places or located within one of Spokane’s designated historic districts must meet all requirements of the Spokane Historic Preservation Office, including obtaining a Certificate of Appropriateness from the Spokane Historic Landmarks Commission or the Historic Preservation Officer for proposed changes or additions to historic structures when necessary.

1. 12. Demolitions.

Buildings fifty years of age or greater at time of demolition permit submittal shall provide a Level 2 Site Inventory Form unless determined by the Historic Preservation Officer and Planning Director to not be of historic significance.

1. 13. Shoreline Master Program.

Areas within the Planned Action area subject to the Shoreline Master Program are not exempt from permitting or SEPA review through the FEIS and must comply with Chapter 17E.060 SMC Shoreline Regulations.

1. 14. Uses.

Drive-thru facilities, including accessory drive-thru features, are not exempt from SEPA review and do not qualify as Planned Action Projects.  

5. Planned Action Review Criteria.

1. The City’s PAO Responsible Official may designate as “Planned Actions,” pursuant to RCW 43.21C.030, applications that meet all of the following conditions:

1. The proposal is located within the Planned Action Area identified in SMC 17C.420.015, or is an off-site improvement directly related to the proposed development within the Planned Action Area; and

2. The proposed uses and activities are consistent with those described in the FEIS and subsection D of this section; and

3.  The proposal is within the Planned Action thresholds and other criteria of subsection D of this section; and

4. The proposal is consistent with the City of Spokane Comprehensive Plan and the South Logan TOD Plan; and

5. The proposal’s significant adverse environmental impacts have been identified in the South Logan TOD FEIS; and

6. The proposal’s significant impacts have been mitigated by the application of measures identified in Exhibit A, and other applicable City regulations, together with any modifications or variances or special permits that may be required; and

7. The proposal complies with all applicable local, state, and/or federal laws and regulations, and the PAO Responsible Official determines that these constitute adequate mitigation; and

8. Adequate infrastructure improvements are in place, or will be in place at completion of the project, to support the development of the project; and

1. The proposal is not an essential public facility as defined by RCW 36.70A.200, unless the essential public facility is part of or accessory to a residential, office, school, commercial, recreational, or service that is designated as a Planned Action.

2. The City shall base its decision on designation as a Planned Action project on review of a Planned Action checklist, or an alternative form developed consistent with applicable provisions of Chapter 43.21C RCW, and review of the application and supporting documentation.

3. A proposal that meets the criteria of this section shall be considered to qualify and be designated as a Planned Action, consistent with the requirements of RCW 43.21C.440, WAC 197-11-164 et seq., and this chapter.

6. Effect of Planned Action.

1. Designation as a Planned Action project means that a qualifying proposal has been reviewed in accordance with this chapter and found to be consistent with its development parameters and thresholds, and with the environmental analysis contained in the South Logan TOD FEIS.

2. Upon determination by the City’s PAO Responsible Official that the proposal meets the criteria of section (D) of this section and qualifies as a Planned Action, the proposal shall not require a SEPA threshold determination, preparation of an EIS, or be subject to further review pursuant to SEPA.

Date Passed: Monday, August 12, 2024

Effective Date: Sunday, September 15, 2024

ORD C36554 Section 2

Applications for Planned Actions shall be reviewed pursuant to the following process:

1. Applications shall be made on forms provided by the City, including an approved Planned Action Checklist, and shall meet the applicable requirements of the Spokane Municipal Code.

2. After the City receives a complete application, the PAO Responsible Official shall determine whether the project qualifies as a Planned Action Project under this chapter.

3. Once a project is determined to qualify as a Planned Action Project under this chapter, the City shall:

1. Notify the applicant and the project shall proceed in accordance with the applicable permit review procedures; and

2. Notify Spokane Tribe of Indians, Spokane Historic Preservation Office, internal City Departments, utility providers, and other partner agencies as deemed appropriate by the assigned project manager of the pending development under South Logan TOD FEIS. The notice required by this section may be combined with the public notice required or provided with the underlying permit and may take the form of the environmental checklist or other project review form. Notice provided shall not be less than 14 days.

4. If a project does not qualify as a Planned Action under this chapter, the City shall notify the applicant. The notice shall describe the elements of the application that result in failure to qualify as a Planned Action.

1. Projects that fail to qualify as Planned Actions may incorporate or otherwise use relevant elements of the South Logan TOD Plan and FEIS to meet SEPA requirements. The City may limit the scope of the SEPA review for the non-qualifying project to those issues and environmental impacts not previously addressed in the Planned Action.

Date Passed: Monday, August 12, 2024

Effective Date: Sunday, September 15, 2024

ORD C36554 Section 2

1. The City shall monitor the progress of development in the designated Planned Action area to ensure that it is consistent with the assumptions of this chapter and the South Logan TOD FEIS regarding the type and amount of development and associated impacts, and with the mitigation measures and improvements planned for the Planned Action Area.

2. This Planned Action Ordinance shall be reviewed no later than five (5) years from its effective date to determine the continuing relevance of its assumptions and findings with respect to environmental conditions in the Planned Action area, the impacts of development, and required mitigation measures. Based upon this review, the City may propose amendments to this ordinance and/or may supplement or revise the South Logan TOD FEIS.

Date Passed: Monday, August 12, 2024

Effective Date: Sunday, September 15, 2024

ORD C36554 Section 2