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Ordinance 15-007 CPA-2015-0001 Zoning Map CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 15-007 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN CPA- 2015-0001; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, pursuant to Ordinance No. 07-015, the City of Spokane Valley (City) repealed and replaced certain titles of the Spokane Valley Municipal Code (SVCM) with SVMC Titles 17, 18, 19, 20, 21, and 22,which included the "City of Spokane Valley Zoning"map (the Official City Zoning Map), on September 25,2007; and WHEREAS, the SVMC amendments adopted pursuant to Ordinance No. 07-015 became effective on October 28,2007; and WHEREAS,the Washington State Growth Management Act(GMA) allows comprehensive plans to be amended annually(RCW 36.70A130); and WHEREAS, amendments to the City of Spokane Valley Comprehensive Plan (Comprehensive Plan) may be initiated by the Planning Commission (Commission), the City Council (Council), citizens, or by the Community and Economic 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 SVMC 17.80.140; and WHEREAS, consistent with the GMA, the City adopted Public Participation Guidelines to direct the public involvement process for adopting and amending comprehensive plans and area-wide rezones; and WHEREAS, the SVMC provides that amendment applications for the Comprehensive Plan shall be received until November 1 of each year; and WHEREAS, the Official City Zoning Map has been amended by Ordinance 07-027, Ordinance No. 08-012, Ordinance No. 09-006, Ordinance No. 09-009, Ordinance No. 09-040, Ordinance No. 10- 008, Ordinance No. 11-002, Ordinance No. 11-008, Ordinance 11-010, Ordinance No. 12-015, Ordinance 12-019; Ordinance 13-009 and Ordinance 14-006; and WHEREAS, the applicant submitted an application to amend the Comprehensive Plan and Official City Zoning Maps for the purpose of beneficially using the property described in CPA-2015- 0001 and herein; and WHEREAS, on November 26, 2014, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106 of the City's intent to adopt amendments to the Comprehensive Plan; and Ordinance 15-007 Zoning Map Amendment CPA-2015-0001 Page 1 of 5 WHEREAS, staff conducted an environmental review to determine the potential environmental impacts from the proposed amendment; and WHEREAS, on December 12, 2014, after reviewing the environmental checklist, staff issued a Determination of Non-Significance (DNS) for the proposal, published the DNS in the Valley News Herald, posted the DNS on the site and mailed the DNS to all affected public agencies; and WHEREAS, on December 12, 2014, notice of the Commission public hearing was published in the Valley News Herald; and WHEREAS, on January 6, 2015, notice of the Commission hearing was mailed to all property owners within 400 feet of the subject property; and WHEREAS, on January 6, 2015, notice of the Commission hearing had been posted on the subject property; and WHEREAS, on January 8, 2015, the Commission conducted a study session to review the proposed amendment; and WHEREAS, on January 22, 2015, the Commission received evidence, information, public testimony, and a staff report and recommendation at a public hearing; and WHEREAS, on February 12, 2015,the Commission continued deliberations on CPA-2015-0001. CPA-2015-0001 was forwarded to Council without a recommendation as the Commission vote resulted in a tie; and WHEREAS, on March 10, 2015, Council conducted a briefing to review the proposed amendment; and WHEREAS, on March 24, 2015, Council considered a first ordinance reading to adopt the proposed amendment; and WHEREAS, on April 14, 2015, Council considered a second ordinance reading at which time Council approved written findings of fact setting forth the basis for recommending approval of the proposed amendment; and WHEREAS, pursuant to RCW 36.70A.130,the amendment proposed in CPA-2015-0001 is being considered concurrently with CPA-2015-0002. 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 City Zoning Map as described in CPA-2015-0001. Section 2. Findings. The Council acknowledges that the Commission conducted appropriate investigation and study and held a public hearing on the proposed amendment to the Official City Zoning Map, and the Council hereby approves the amendment to the Official City Zoning Map. The Council hereby makes the following findings applicable to the amendment proposed in CPA-2015-0001: 1. SVMC 17.80.140 provides the framework for the public to participate throughout the Comprehensive Plan amendment process, including notice and public hearing requirements. Ordinance 15-007 Zoning Map Amendment CPA-2015-0001 Page 2 of 5 2. On November 26, 2014, the Washington State Department of Commerce was provided a notice of intent to adopt amendments to the Comprehensive Plan. 3. On December 12, 2014, notice for the proposed amendments was placed in the Valley News Herald. 4. Pursuant to the State Environmental Policy Act set forth in chapter 43.21C RCW (SEPA), an environmental checklist was required for the proposed Comprehensive Plan amendment. 5. Staff reviewed the environmental checklist and a threshold determination was made for the Comprehensive Plan amendment. 6. On December 12, 2014, a Determination of Non-Significance (DNS) was issued for the requested Comprehensive Plan amendment. 7. On December 12, 2014, the DNS was published in the City's official newspaper, the Valley News Herald,consistent with SVMC 21.20. 8. The procedural requirements of SEPA and SVMC Title 21 have been fulfilled. 9. On January 6, 2015, notice of the site-specific map amendment proposal was, or had been previously,mailed to all property owners within 400 feet of the site. 10. On January 6, 2015 the site was, or had been previously, posted with a "Notice of Public Hearing"sign,with a description of the proposal. 11. On January 22, 2015, the Commission held a public hearing on the Comprehensive Plan amendment. After receiving public testimony, the Commission voted to continue deliberations to the next meeting. 12. On February 12, 2015, the Commission continued deliberations and CPA-2015-0001 was forwarded to Council with no recommendation,as the Commission vote resulted in a tie. 13. The Commission and Council have reviewed CPA 2015-0001 concurrently with CPA-2015- 0002 to evaluate the cumulative impacts of the proposed amendments. The review was consistent with the annual amendment process outlined in SVMC 17.80.140 and chapter 36.70A RCW. 14. The public health, safety, welfare, and protection of the environment will be served by the proposed amendment. 15. The proposal meets the desirable size as outlined in the SVMC 19.060.050 and the location's visibility along the 1-90 corridor lends itself to regional services and businesses. 16. The proposed amendment is consistent with GMA chapter 36.70A RCW, and provides a suitable land use designation consistent with the City's GMA-compliant Comprehensive Plan. 17. The proposed amendment responds to a substantial change in conditions beyond the property owner's control. The site does not appear to be conducive to residential development or office uses as the site has sat vacant. Residential uses in the area appear to be on the decline and other commercial uses located in the area have been successful. Ordinance 15-007 Zoning Map Amendment CPA-2015-0001 Page 3 of 5 18. The amendment does not correct a mapping error. 19. The amendment does not address an identified deficiency in the Comprehensive Plan. 20. Commercial development on the south side of I-90 should provide services for local economic demand and is consistent with other businesses located in that corridor. The topography of the site provides a barrier between the multifamily development to the south and the City's development regulations will ensure compatibility with the existing neighborhood. 21. The proposal will promote the most appropriate use of the property. 22. The proposed amendment to the Comprehensive Plan is consistent with GMA and does not result in internal inconsistencies within the Comprehensive Plan itself. 23. The goals and policies of the Comprehensive Plan were considered and the proposed amendment is consistent with the following Comprehensive Plan goals and policies: Goal LUG-4: Transform various commercial business areas into vital, attractive, easily accessible mixed use areas that appeal to investors, consumers and residents and enhance the community image and economic vitality. Goal EDG-1: Encourage diverse and mutually supportive business development and the expansion and retention of existing businesses within the City for the pappose of emphasizing economic vitality, stability and sustainability. Goal EDG-2: Encourage redevelopment of commercial/industrial properties within the City. 24. Findings were made and factors were considered to ensure compliance with approval criteria contained in SVMC 17.80.140H(Comprehensive Plan amendments and area-wide rezones). 25. The proposed amendment bears a substantial relation to the public's general health, safety, and welfare,and protection of the environment. Section 3. Property. The properties subject to this Ordinance are described in Attachment "A" (map). Section 4. Map Amendments. Pursuant to RCW 36.70A.130 and RCW 35A.63.100, the Official City Zoning Map, as adopted through Ordinance No. 07-015 and as subsequently amended, is hereby amended as set forth below and in Attachment "A" (map). The Zoning Map amendment is generally described as follows: File No. CPA-2015-0001: Proposal: Site-specific Comprehensive Plan map amendment requesting to change the designation from Office (0) with an Office (0) zoning classification to a Community Commercial (C) designation with a Community Commercial(C)zoning classification. Applicant: Jim Cross and Rainyday Dagator, LLC 7607 West Gratz Drive Boise, ID 83709 Ordinance 15-007 Zoning Map Amendment CPA-2015-0001 Page 4 of 5 Amendment Location: Parcels 45104.9145,45104.9146,45104.9156 and 45104.9157 addressed as 13110, 13120, and 13220 E. Nora Avenue; generally located 1300 feet west of the intersection of Mamer Road and Nora Avenue; further located in the SW '/4 of the SE 1/4 of Section 10, Township 25 North,Range 44 East, Willamette Meridian, Spokane County, Washington. Council Decision: The request is approved. Section 5. 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 6. 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 and Economic 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, including correcting scrivener's errors. Section 7. Liability. The express intent of the City 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 8. 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 9. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this 14th day of April,2015. M( • , Dean Grafos ATTEST: UCL' City Clerk, Christine Bainbridge Approved As To Form: 4141( Office o the City orney Date of Publication: q -2(1- Effective 2y-Effective Date: L-21-1 Ordinance 15-007 Zoning Map Amendment CPA-2015-0001 Page 5 of 5 Zoning Map Attachment ,.