Ordinance 16-006 Comp Plan Amendment CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 16-006
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, AMENDING THE CITY OF SPOKANE VALLEY COMPREHENSIVE PLAN
AS DESCRIBED IN CPA 2016-0001; AND PROVIDING FOR OTHER MATTERS PROPERLY
RELATING THERETO.
WHEREAS, pursuant to chapter 36.70A RCW, through Spokane Valley Ordinance No. 06-010,
the City of Spokane Valley adopted the Spokane Valley Comprehensive Plan and related maps
(collectively, and as subsequently amended,the Comprehensive Plan); 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 Comprehensive Plan may be initiated by the Planning
Commission (Commission), the City Council (Council), citizens, or by the Community and Economic
Development Director based upon 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, consistent with the GMA, the City adopted public participation guidelines to direct the
public involvement process for adopting and amending the Comprehensive Plan; and
WHEREAS, the Spokane Valley Municipal Code (SVMC) 17.80.140 provides that amendment
applications for the Comprehensive Plan shall be received until November 1 of each year; and
WHEREAS, the Comprehensive Plan, as originally adopted by Ordinance No. 06-010, has been
amended by Ordinance No. 07-026, Ordinance No. 08-011, Ordinance No. 09-008, Ordinance No. 09-
039, Ordinance No. 10-007, Ordinance No. 11-001, Ordinance No. 11-007, Ordinance No. 11-009,
Ordinance No. 12-014, Ordinance No. 12-018, Ordinance No. 13-008, Ordinance 14-005; and
Ordinance 15-006; and
WHEREAS, an application was submitted by the applicant or owner to amend the Comprehensive
Plan and Zoning Map for the purpose of beneficially using the property described herein; and
WHEREAS, staff conducted an environmental review to determine the potential environmental
impacts from the proposed amendments; and
WHEREAS, on January 13,2016,the Spokane Regional Transportation Council (SRTC)was notified
of the City's intent to adopt amendment to the Comprehensive Plan; and
WHEREAS, on January 14, 2016, the Washington State Department of Commerce (Commerce) was
notified pursuant to RCW 36.70A.106 of the City's intent to adopt an amendment to the Comprehensive
Plan; and
WHEREAS, on February 5, 2016, after reviewing the environmental checklists, 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
Ordinance 16-006 Comprehensive Plan Amendment-CPA-2016-0001 Page 1 of 6
WHEREAS, on February 5, 2016 and February 12, 2016, notice of the Commission public hearing
was published in the Valley News Herald; and
WHEREAS, on February 8, 2016, notice of the Commission hearing was mailed to all property
owners within 400 feet of the subject property; and
WHEREAS, on February 10, 2016, notice of the Commission hearing was posted on the subject
property; and
WHEREAS, on February 11, 2016, the Commission conducted a study session to review the
proposed amendment; and
WHEREAS, on February 25, 2016, the Commission received evidence, information, public
testimony, and a staff report at a public hearing; and
WHEREAS, on February 25, 2016, the Commission voted to forward CPA-2016-0001 to the Council
with a recommendation for approval with written findings of fact setting forth the basis for
recommending approval to Council; and
WHEREAS, on April 5, 2016, Council conducted a briefing to review the proposed amendment; and
WHEREAS, on April 26, 2016, Council considered a first ordinance reading to adopt the proposed
amendment; and
WHEREAS, on May 10, 2016, Council considered a second ordinance reading to adopt the proposed
amendment.
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 Comprehensive Plan as
described in CPA-2016-0001.
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 Comprehensive Plan,
and the Council hereby approves the amendment to the Comprehensive Plan map. The Council hereby
makes the following findings applicable to the proposed amendment:
1. The amendment is comprised of seven parcels owned by Avista Corporation.
2. Avista owns and operates a Natural Gas Service Center, including equipment and
maintenance storage yard, located west of the proposed amendment area.
3. On January 13, 2016, the SRTC was provided notice of the proposed Comprehensive
Plan amendment.
4. On January 14, 2016, Commerce was provided a notice of intent to adopt an amendment
to the Comprehensive Plan.
5. 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.
Ordinance 16-006 Comprehensive Plan Amendment-CPA-2016-0001 Page 2 of 6
6. Staff reviewed the environmental checklist, and a threshold determination was made for
the proposed Comprehensive Plan amendment.
7. On February 5, 2016 a Determination of Non-Significance (DNS) was issued for the
proposed Comprehensive Plan amendment.
8. The procedural requirements of SEPA and Title 21 SVMC have been fulfilled.
9. On February 5, 2016 and February 12, 2016, notice for the proposed amendment was
published in the Spokane Valley News Herald.
10. On February 8, 2016, individual notice of the site-specific map amendment was mailed
to all property owners within 400 feet of the subject sites.
11. On February 10, 2016 the subject property was posted with a "Notice of Public
Hearing"sign and a description of the proposal.
12. The procedural requirements in SVMC 17.80.140 for the amendment process,
including public participation, notice, and public hearing requirements have been met
13. On February 25, 2016 the Commission held a public hearing on CPA-2016-0001.
14. The Commission and Council have reviewed the proposed amendment to evaluate the
cumulative impacts consistent with RCW 36.70A.130(2)(b). There were no other proposed
amendments requiring concurrent review pursuant to RCW 36.70A.130(2)(b). The review was
consistent with the annual amendment process outlined in SVMC 17.80.140 and chapter 36.70A
RCW(Growth Management Act).
15. There are no known physical characteristics that would create difficulties in developing
the property under the proposed designation. Development will be evaluated for compliance with
all applicable environmental regulations in effect.
16. There are no known critical areas associated with the site, such as wetlands, fish and
wildlife habitat areas, frequently flooded areas or geologically hazardous areas. The site is not
located within the shoreline jurisdiction and there are no known surface water quality or quantity
issues. Additionally, previously contaminated soils have been removed by the new land owner,
Avista, and homes removed.
17. The properties located west, north and south of the amendment have a Light Industrial
(LI) land use designation in the Comprehensive Plan and a Light Industrial (I-1) zoning
designation. The amendment is adjacent and contiguous to properties of the same or higher zoning
classification.
18. The amendment does not introduce a new designation into the neighborhood, but
reduces the immediate conflict between the light industrial and low density residential uses by
utilizing a street right-of-way as a separation between the uses.
19. The site is surrounded to the west and south by storage yards associated with a light
industrial use and a more intense use north at Felts Field Airport. There are existing single family
residences across Elizabeth Road to the east of proposed amendment area.
20. The site-specific amendment is located within the Airport Hazard Overlay (AO)
(SVMC 19.110.030). The City's regulations are intended to protect the surrounding community
while preserving the economic vitality of Felts Field Airport. Development may be limited based
Ordinance 16-006 Comprehensive Plan Amendment-CPA-2016-0001 Page 3 of 6
upon the AO standards related to use, noise and height. The proximity to Felts Field provides
benefits for a non-residential use impacted by noise and restricted residential density.
21. The City addresses the adequacy of community facilities on a citywide basis through
capital facilities planning. A level of service standard is identified for each of the city services.
Policy CFP-9.1 of the Comprehensive Plan recommends a concurrency management system for
transportation, sewer,and water facilities. This is implemented through chapter 22.20 SVMC.
22. The site is located at the intersection of two local access streets (Utah Avenue and
Elizabeth Road) and each lot has direct access to a public street. Transportation concurrency will
be evaluated at the time of development. Sewer is provided by Spokane County Utilities and is
available to the site. The site is located within the Orchard Avenue Irrigation District service area.
Based on the preceding,the proposal meets concurrency requirements.
23. Due to the size of the property, the proposed amendment would not significantly
impact population density and does not require population analysis. Employment would not
contribute to an increase in population density, and removing the site from a residential designation
would have a marginal impact city wide.
24. The proposed amendment is generally consistent with the following chapters of the
Comprehensive Plan: Chapter 2 — Land Use; Chapter 3 — Transportation; Chapter 7 — Economic
Development; and Chapter 10—Neighborhoods.
25. The public health, safety, welfare, and protection of the environment will be served by
the proposed amendment. The change to Light Industrial (I-1) will provide opportunities for
technology and low-impact industrial uses similar to those that presently exist to the north, south
and west of the amendment area which are designated LI under the Comprehensive Plan. The area
is served by Spokane County Division of Utilities for sewer and Orchard Avenue Irrigation District
for water. Spokane County Fire District No. 1 provides emergency first responders.
26. The proposed amendment to the Comprehensive Plan is consistent with chapter 36.70A
RCW. Specifically the following planning goals will be met:
a. Encourage development in urban areas where adequate public facilities and services
exist or can be provided in an efficient manner.
b. Provide for economic development adjacent to similar zoned parcels and utilizes
land for infill development within an urban area.
c. Consistent with the intent of the light industrial designation to provide a transition
between heavy industrial and less intense uses.
d. Provides a suitable land use designation consistent with the City's GMA compliant
Comprehensive Plan.
27. The proposed amendment does not respond to a substantial change in conditions
beyond the property owner's control. The proposed amendment does not correct a mapping error.
28. The proposed amendment does not address an identified deficiency in the
Comprehensive Plan.
29. The goals and policies of the Comprehensive Plan were considered and the proposed
amendment is consistent with the following Comprehensive Plan goals and policies:
Ordinance 16-006 Comprehensive Plan Amendment-CPA-2016-0001 Page 4 of 6
a. Goal LUG-1 Preserve and protect the character of Spokane Valley's residential
neighborhoods.
b. Policy LUP-1.2 Protect residential areas from impacts of adjacent nonresidential uses
and/or higher intensity uses through the development and enforcement of the City's land use
regulations and joint planning.
c. Goal LUG-10 Provide for the development of well-planned industrial areas and ensure the
long-term holding of appropriate land in parcel sizes adequate to allow for future development as
industrial areas.
d. Goal LUG-12 Designate and protect a variety of strategically located light industrial
areas.
e. Goal EDG-7 Maintain a regulatory environment that offers flexibility, consistency,
predictability and clear direction.
f Policy NP-3.3 Encourage commercial development that is designed and scaled in a
manner that is compatible with surrounding neighborhoods.
30. The proposed amendment complies with the approval criteria contained in SVMC
17.80.140H(Comprehensive Plan amendments and area-wide rezones).
31. The Comprehensive Plan land use map amendment bears a substantial relationship to the
public health, safety,welfare, and protection of the environment.
Section 3. Property. The properties subject to this Ordinance are described in Attachment "A"
(maps).
Section 4. Comprehensive Plan Amendments. Pursuant to RCW 36.70A.130, the Comprehensive
Plan is hereby amended as set forth below and in Attachment "A" (maps).
File No. CPA-2016-0001
Proposal: The application is a privately initiated site-specific Comprehensive Plan Map and Zoning Map
amendment request to change the Comprehensive Plan Land Use Designation from Low Density
Residential (LDR) with a Single-family Residential Suburban District (R-2) zoning classification to a
Light Industrial(LI)designation with a Light Industrial(I-1)zoning classification.
Applicant: Avista Corporation; PO Box 3727, MSC-21; Spokane, WA 99220-3727
Amendment Location: Parcel numbers 35121.5501, 35121.5502, 35121.5601, 35121.5602,
35121.5901, 35121.6001, and 35121.5101; located SW of the intersection of Utah Avenue and Elizabeth
Road, further located in the NE 1/4 of Section 12, Township 25 North, Range 43 East, Willamette
Meridian, Spokane County, Washington.
Council Decision: The request is approved.
Section 5. Copies on File - Administrative Action. The Comprehensive Plan (with maps) is
maintained in the office of the City Clerk as well as the City's Department of Community Development.
Ordinance 16-006 Comprehensive Plan Amendment-CPA-2016-0001 Page 5 of 6
The City Manager or designee, following adoption of this Ordinance, is authorized to modify the
Comprehensive Plan in a manner consistent with this Ordinance, including correcting scrivener's errors.
Section 6. 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 7. 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 8. 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 10th day of M.Q, 2016. t
L.R. Higgins;M: •.
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ristine Bainbridge, City Clerk
Approved As To Form:
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Office(pf the City"Attorney
Date of Publication: 05-20-2016
Effective Date: 05-25-2016
Ordinance 16-006 Comprehensive Plan Amendment-CPA-2016-0001 Page 6 of 6
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City of Spokane Valley designation from LDR to LI; subsequent zoning
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