Ordinance 08-012 Amending Zoning Map CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 08-012
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON,AMENDING ORDINANCE 07-015 WHICH ADOPTED THE OFFICIAL
ZONING MAP; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING
THERETO.
WHEREAS, the City of Spokane Valley adopted Land Use plans and regulations as set forth in
the Spokane Valley Municipal Code (SVMC) and the City of Spokane Valley Zoning Map through
Ordinance No. 07-015; and
WHEREAS, the Washington State Growth Management Act(GMA)allows comprehensive plans
to be amended annually(RCW 36.70A 130);and
WHEREAS, amendments to the City of Spokane Valley Comprehensive Plan may be initiated by
the Planning Commission (Commission), the City Council (Council)or by the Community Development
Director based on citizen requests or when changed conditions warrant adjustments;and
WHEREAS, the GMA requires comprehensive plans to be implemented with development
regulations, including the zoning of property consistent with land use map designations;and
WHEREAS, zone changes under consideration with the annual Comprehensive Plan amendments
are to be considered as area-wide rezones pursuant to 17.80.140 of the SVMC; and
WHEREAS, consistent with the GMA, City of Spokane Valley adopted Public Participation
Guidelines to direct the public involvement process for adopting and amending comprehensive plans and
area-wide rezones;and
WHEREAS, the Comprehensive Plan provides that amendment applications shall be received
until November 1 of each year; and
WHEREAS, applications were submitted by the applicant, owner or by City staff to amend the
Comprehensive Plan and Zoning Maps for the purpose of beneficially using the property described
herein;and
WHEREAS, following the application to the City, staff conducted an environmental review to
determine the potential environmental impacts from the proposed amendments; and
WHEREAS, after reviewing the Environmental Checklists, staff issued a Determination of
Nonsignificance(DNS)for the proposals, published the DNS in the Valley News Herald,posted the DNS
on the sites and mailed the DNS to all affected public agencies; and
WHEREAS, the Commission conducted a briefing on May 1, 2008, to review the proposed
amendments;and
WHEREAS, notice of the Commission public hearing was published in the Valley News Herald
at least 14 days prior to the hearing; and
WHEREAS, on April 23, 2008, notice of the Commission hearing was mailed to all property
owners within 400 feet of the subject property ;and
Ordinance 08-012 Zoning Map Changes Page 1 of 5
WHEREAS, notice of the hearing was,posted on the subject property; and
WHEREAS, the Commission received evidence, information, public testimony and a staff report
and recommendation at a public hearing on May 8,2008;and
WHEREAS,the Commission conducted a public hearing on May 8, 2008,to consider proposed
amendments to the Comprehensive Plan Land Use Plan map and Zoning map. After hearing public
testimony,the Commission made recommendations on CPA-01-08,CPA-02-08,and CPA-04-08-through
CPA-06-08. Further research was requested on CPA-03-08. The Commission continued the public
hearing to May 22,2008 for CPA-03-08,CPA-07-08,and CPA-08-08; and
WHEREAS, the Commission deliberated on CPA-03-08, CPA-07-08, and CPA-08-08 on May
22, 2008; the Commission recommended approval of all preceding amendments; and
WHEREAS,on June 3, 2008, Council reviewed the proposed amendments; and
WHEREAS, on June 10, 2008, Council considered a first ordinance reading to adopt the
proposed amendments and public comment was allowed;and
WHEREAS, on June 24, 2008, Council, considered a second ordinance reading at which time
public comment was allowed and Council approved written findings of fact setting forth their basis for
recommending approval of the proposed amendments.
NOW,THEREFORE,the City Council of the City of Spokane Valley do ordain as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend the Official Zoning Map
adopted through Ordinance No. 07-015 in order to permit the property described herein to be used in a
matter consistent with the same.
Section 2. Findings. The City Council acknowledges that the Commission conducted
appropriate investigation and study, held a public hearing on the application and recommends approval of
the amendment to the Zoning maps. The City Council hereby adopts the findings of the Commission,
specifically that:
Section 2. Findings. The City Council acknowledges that the Commission conducted appropriate
investigation and study, held a public hearing on the application and recommends approval of the
amendments to the Comprehensive Plan map and text. The City Council hereby adopts the findings of
the Commission, specifically that:
1. Notice for the proposed amendments was placed in the Spokane Valley News Herald on April 23,2008
and each site was posted with a"Notice of Public Hearing"sign,with a description of the proposal.
2. Individual notice of the map amendment proposals was mailed to all property owners within 400 feet of
each affected site.
3. Pursuant to the State Environmental Policy Act(SEPA—RCW 43.21C)environmental checklists were
required for each proposed comprehensive plan map and text amendment.
4. Staff reviewed the environmental checklists and a threshold determination was made for each
comprehensive plan amendment request. Determinations of Non-significance(DNS)were issued for the
requested comprehensive plan amendments on February 15,2008.
5. The DNS's were published in the city's official newspaper on February 15, 2008 consistent with the City
of Spokane Valley Environmental Ordinance.
Ordinance 08-012 Zoning Map Changes Page 2 of 5
6. The Spokane Valley Planning Commission conducted a public hearing on May 8, 2008,to consider the
proposed amendments. After hearing public testimony,the Commission made-recommendations on
CPA-01-08 thru CPA-15-08, excluding CPA-03-08, CPA-07-08,and CPA-08-08.
7. The Commission continued the public hearing for CPA-03-08 to May 22, 2008. Due to a noticing error,
CPA-07-08 and CPA-08-08 was heard on May 22,2008 to ensure consistency with Title 17.80.120B.
8. On May 22,2008,the Commission made recommendations on CPA-03-08,CPA-07-08,and CPA-08-08.
9. The planning goals of the Growth Management Act (GMA) were considered and the proposed
amendments are consistent with the GMA.
10. The goals and policies of the Spokane Valley Comprehensive Plan were considered and the proposed
amendments are consistent with the Comprehensive Plan.
11. The proposed land-use and zoning designations are consistent with the current use of the properties.
12. Findings were made and factors were considered to ensure compliance with Section 17.80:140 H.
(Comprehensive Plan Amendment Approval Criteria)of the SVMC.
13. The Comprehensive Plan Land Use Map amendments will not adversely affect the public's general
health,safety,and welfare.
Section 3. Property. The properties subject to this Ordinance are described in the attached
Attachment"A."
Section.4. Map Amendments. Pursuant to RCW 35A.63.073, the City of Spokane Valley
Zoning Map as adopted through Ordinance No. 07-015, is hereby amended as set forth on the attached
Attachment "A." The Zoning map amendments are generally described as follows:
Map Amendments
File No. CPA-O1-08:
Application/Description of Proposal: Zoning map amendment from Single-family Residential District
(R-3)and Single-family Residential Urban District(R-4)to Medium Density Multi-family Residential
District(MF-1)on approximately 2.07 acres of land.
Applicant: Greg Arger,300 North Mullen Road, Suite 204, Spokane Valley, WA 99206
Amendment Location: South of Mission Avenue on Mamer Road at 1204 North MameriRoad and
1112 North Mamer Road;specifically located in the NE 1/4 of Section 15,Township 25 North,Range 44
EWM;parcel number(s)45151.0926 and 45151.1216, Spokane Valley, Washington.
Council Decision: Change to Medium Density Multi-family Residential District
File No. CPA-02-08:
Application/Description of Proposal: Zoning map amendment from Single-family Residential
Suburban District(R-2)to Corridor Mixed Use District(CMU)on approximately .23 acres of land.
Applicant: Joe Stoy,do Baker Construction,2711 East Sprague Avenue, Spokane,WA 99202
Amendment Location: North of Trent Avenue(SR290)at 8124 East Carlisle Avenue; specifically
located in the NW 1/4 of Section 7,Township 25 North, Range 44 EWM; parcel number 45072.7003,
Spokane Valley,Washington.
Council Decision: Change to Corridor Mixed Use
File No. CPA-03-08:Further research was requested
Application/Description of Proposal: Zoning map amendment from Single-family Residential District
(R-3)and Single-family Residential Urban District(R-4)to Garden Office(GO)on approximately 3.1
acre's of land.
Applicant: Dennis Raugust,c/o Boulder Creek,Inc., 19012 Nevada Road, Spangle, WA 99033
Amendment Location: Southeast corner of the intersection of Marguerite Road and Alki Avenue
addressed as 8902 East Alki Avenue,420 North Marguerite Road, 500 North Marguerite Road, 508 North
Marguerite Road and 510 North Marguerite Road;specifically located in the SE'/4 of Section 18,
Ordinance 08-012 Zoning Map Changes Page'3 of 5
Township 25 North, Range 44 EWM; parcel number(s)45184.0804,.45184.0805,45184.0807,
45184.0819 and 45184.0820, Spokane Valley, Washington.
Council Decision: Change to Garden Office
File No. CPA-04-08
Application/Description of Proposal: Zoning map amendment from Corridor Mixed Use(CMU)to
Multi-family Medium Density Residential District(MF-1)on approximately 3.0 acres of land.
Applicant: Stephen H. Ford & Victor N.Cooper
Amendment Location:. The proposal is located south of Sprague Avenue on Tschirley Street at 120 S.
Tschirley, 106 S.Tschirley and parcel to.the north of 106 S.Tschirley; specifically located in the NW '/4
of Section 19,Township 25.North, Range 45 EWM; parcel numbers 55192.9029,55192.9051,and
55191.9052, Spokane Valley, Washington.
Council Decision: Change to Multi-family Medium Density Residential District
File No. CPA-05-08
Application/Description of Proposal: Zoning map amendment from Single-family Residential District
(R-3)to Garden Office(GO)on approximately 1.56 acres of land.
Applicant: TNJ on Broadway, LLC
Amendment Location: The proposal is located between Cataldo and Broadway Avenues east of Pines
at 11901 E. Broadway Ave; specifically located in the NE 'of Section 16,Township 25 North, Range 44
EWM; parcel number 45161.1171, Spokane Valley, Washington.
Council Decision: Change to Garden Office
File No. CPA-06-08
Application/Description of Proposal: Zoning map amendment from Single-family Residential District
(R-3)to Garden Office(GO)on approximately 4.82 acres of land.
Applicant: Nick Abariotes
Amendment Location: The proposal is located between_Cataldo and Broadway Avenues east of Pines
at 11813 E. Broadway Ave; specifically located in the NE '/4 of Section 16,Township 25 North, Range 44
EWM;parcel number 45161.1127, Spokane Valley, Washington.
Council Decision: Change to Garden Office
File No. CPA-07-08
Application/Description of Proposal: Zoning map amendment from Single-family Residential Urban
District(R-4)to Community Commercial(C)on approximately 1.24 acres of land.
Applicant:
Dwight J. Hume
Amendment Location:
Northwest of the intersection of Carnahan Road and 3`d Avenue at 228 S.Carnahan Road;specifically
located in the NW 'A of Section 23,Township 25 North,Range 43 EWM; parcel number 35232.1509,
Spokane Valley, Washington.
Council Decision: Change to Community Commercial
File No. CPA-08-08
Application/Description of Proposal: Zoning map amendment from Single-family Residential District
(R-3)to Office(0)on approximately 1.02 acres of land.
Applicant:
Dwight J.Hume
Amendment Location:
East of Sullivan Road and one lot north of Century Avenue at 604 S. Sullivan Road; specifically located
in the NE '/4 of Section 23, Township 25 North, Range-44-EWM; parcel number 45231.2244, Spokane
Valley, Washington.
Ordinance 08=012 Zoning Map Changes Page 4 of 5
Council Decision: Change to Garden Office
Section 5. Zoning Map/Official Controls. Pursuant to RCW 35A.63.100, for the purpose of
regulating the use of land_and to implement and give affect to the Comprehensive Plan the City hereby
amends the Official Zoning Map of the City asset forth in Attachment "A."
Section 6. Adoption of Other Laws. To the extent that any provision of the SVMC, or any
other law, rule or regulation referenced in the attached Zoning Map(s) is necessary or convenient'to
'establish the validity, enforceability or interpretation of the Zoning Map(s), then such provision of the
SVMC,or other law,rule or regulation is hereby adopted by reference.
Section 7. Map - Copies on File-Administrative Action. The Zoning Map is maintained in
the office of the'City Clerk as well as the City Department of Community Development. The City
Manager or designee, following adoption of this Ordinance, is authorized to modify the Zoning Map in a
manner consistent with this Ordinance.
Section 8. Liability. The express intent of the City of Spokane Valley is that the
responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and
their agents. This ordinance and its provisions are adopted with the express intent to protect the health,
safety, and welfare of the general public and are not intended to protect any particular class of individuals
or organizations.
Section 9. Severability. If any section, sentence, clause or phrase of this ordinance-shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause,
or phrase of this ordinance.
Section 10. Effective Date. This Ordinance shall be in full force and effect five'(5)days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane
Valley as provided by law.
PASSED by the City Council this,15t day of July,2008 jo.\),
iyor,Rich Munson j
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ity Cler Christi e Bainbridge /
Approved As To Form:
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Office of the City Attorney /
Date of Publication: • ,41) -/ 8
Effective Date: 2 -3d-a
Ordinance 08-012 Zoning Map Changes Page 5 of 5
ATT :ACH
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