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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 . .E' • X26 — ity Cler Christi e Bainbridge / Approved As To Form: /. /. , ./ 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 Z• NH \ C I V A S Exhibit 2: Zoning Map 11 ,li LIMNOS R-3 c ,'' S` raG �V co-' CF _---, r I t u l r :4.,I 1..IIIMI .:a -,0„0.- Sharp S ar j CPA-01-08 111I 1111■11111i■ Boone . III � _— - ___ Boone i , --------.1::±1-7.7: '441114 __.--.-:il:::::„0„„,-. _--___ ............. 5 • • �, --_ . o • • Y .. J I/ __,.„ ._.,.._.•. _.___:_. Ca{31d0 ar ._ GO II ( 111 R-3 Cat, .o in Mallol Li: M Mal on ,,.O. : .-..:. ila '.-,:-:. .:-...: ......: .,.:-. •:: Nilo u . CPA-01-08 Request: Change the Comprehensive Plan map designation City of Spokane Valley from LDR to MDR;change zoning from R-3 and R-4 to MF-1. Community Development Department Exhibit 2: Zoning Map al NIENISENNIIIEVINE _ — ----- -- R-2 CF �— --- --- ---- - Marietta - I - Jac sun 3 CPA-02-08 I „... ri, Ear 1st ..„,1 -N„...§.I N I . tL„t - 11.1,CNI: ' s.1.1)M.^3 R-2 --R-A= •��^`'-` i Knox 1 j - R-2 = R-3 RequIPr El est:uest: Change the Comprehensive Plan map designation City of Spokane ne Valley from LDR to CMU; change zoning from R-2 to CMU. Community Development Department Exhibit 2: Zoning Map _ ( ;,=:: ..._4. ,.,,,_ r... .. , 1...„.... .7... ,.... _. :... ....:0: _. ,.. .. ...I. ... . ...._A ;•.......,„ ..... 1 _Alk. .,... ..,... . .. .. 0. CPA-03-OS a3 -/.05...e.: - :4.3 G 0 1 .1.'..''../°## .'.---•,,• '..-07• /•°°°a'/ .°''.-7 .*.1 ..- * _' iii Plan map designation vAl cprasi —City School ME _...?• . City of Request: Change �.om �oa.00 � R zoning mR3/R ..oGO. Community Development Department Exhibit 2: Zoning Map I Is,am ,__,-1 Nk N: Nrk N:k Nk 'qk ■ N. ,off �� , \� Sprague -m.is.: Niii.N.4 NKs, \ / scvvcw4 , RF ! j iAi IIIIIIIIIIr NU--1 \s, LL NN N f_____________----- 7.0„. i [ h":":". .. A. a. ... . t,,,,,.. C.' it MIME11111111 i-,, B., Imil • , 1 , i ,r d El illim r- R-3 .... ....„ Community City�s�#.aV.,,., F R�o� �M� .oMOR Comprehensive designation Exhibit 2: Zoning Map R4- r -- 0 Cjataldo CPA-05-08 GO keo R-3 /� % '�i Exhibit 2: Zoning Map • jA, _ L J ` ata do J - -4� CPA-06-08 R� -� G O bl' 1111.1Mill Ma , �M J ..;•„.0. R-3 x 1 ,% ( E i = Broadway MF-1 ( F ,alki 1 y1 1 V yyE�� ice. 4 /- CPA-06-08 Request: Change the Comprehensive Plan map designation City of Spokane ne Valley from LDR to 0;change zoning from R-3 to GO. Community Development Department Exhibit 2: Zoning Map -_t.e S, Spaue 1 V (Cu.. 0 8 i`. .;. . Ij 1st L .- - a g 6 . r. CPA-07-08 2nd 2nd m - 1 Ili----1.15 5 1111111 1" El 3rd -' - 3-d Da 190 190 W285 ON .0 1 90 4th 4th 4th 4th 1.1 i th'u II '_ __o. ...., `e IIII ifir CPA-07-08 City of Spokane Valley Request: Change the Comprehensive Plan map designation Community Development Department from LDR to C; change zoning from R-4 to C. Exhibit 2: Zoning Map iii. mill :r,.. il limillimill 5th 111 1;11T Ri173 -,..--......*---- ....<-: 1 ,, ii CPA-08-08 4 malift... . .--- .. __ ._ . R-3 girl i1iii = Lii (_f, c v.' Central Valley Senior Hi•h CPA-08-08 Request: Change the Comprehensive Plan map designation City of Spokane Valley from LDR to 0;change zoning from R-3 to O. Community Development Department