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Ordinance 09-006 Amending Zoning Map Changes CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 09-006 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING ORDINANCE 08-012 WHICH ADOPTED AMENDMENTS TO THE OFFICIAL ZONING MAP; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City of Spokane Valley adopted Lane Use plans and regulations as set forth in the Spokane Valley Municipal Code(SVMC); and WHEREAS, the Washington State Growth Management Act (GMA) allows comprehensive plans to be amended annually(RCW 36.70A.130); and WHEREAS, the City of Spokane Valley established a docket for 2008 comprehensive plan amendments that included proposed amendment CPA-10-08 addressing an inconsistency between goals and policies of the comprehensive plan and permitted uses contained in Appendix 19-A, SVMC; and WHEREAS, the City of Spokane Valley processed annual comprehensive plan amendments in 2008, which included review of certain plan goals and policies in Chapter 2, Land Use of the City's Comprehensive Plan related to providing for a mix of residential housing types in areas designated as Mixed Use Center and Corridor Mixed Use including single family and duplex residences; and WHEREAS, on April 21, 2008 the city notified the Washington State Department of Community, Trade and Economic Development in a memorandum of proposed changes to the city's comprehensive plan and development regulations contained in the SVMC including specifically a modification of Appendix 19-A, Schedule of Permitted Uses; WHEREAS, on May 1, 2008 the Planning Commission reviewed the proposed 2008 comprehensive plan amendments at a study session; and WHEREAS, on May 8,2008 the Commission received evidence, information, public testimony and a staff report and recommendation at a public hearing; and WHEREAS, after consideration of all pertinent information, evidence and testimony the Planning Commission recommended to the City Council that CPA-10-08 be approved, which amended Appendix 19-A to resolve the conflict between Goal LUG-1 and Policy LUP-9.2 in the comprehensive plan and Appendix 19-A(Schedule of Permitted Uses) in the SVMC; and WHEREAS, on June 3, 2008 the Planning Commission's recommendations were presented to the City Council at a study session on June 3,2008; and WHEREAS, the City Council conducted first reading of ordinances amending the comprehensive plan and the city's Official Zoning Map on June 24, 2008 that included modifying Appendix 19-A, SVMC consistent with the Planning Commission's recommendation; and WHEREAS, the City Council conducted a second reading of Ordinance 08-011 (amending the comprehensive plan) and Ordinance 08-012 (amending the city's Official Zoning Map) on July 8, 2008; and Ordinance 09-006 amending 08-012 Zoning Map Page 1 of 4 WHEREAS, the City Council adopted Ordinance 08-012 in a form which did not reference a change in the zoning text and did not include the modifications to Appendix 19-A, SVMC which was inadvertently attached to Ordinance 08-011. 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 Ordinance 08-012 to include an amendment to Appendix 19-A, SVMC as contemplated by the Planning Commission and City Council. Section 2. Findings. The City Council acknowledges that the Commission conducted the appropriate investigation and study, held a public hearing on the application CPA-10-08 to modify Appendix 19-A SVMC to include residential single family and duplex structures as permitted uses in the Corridor Mixed Use and Mixed Use Center zoning districts. Further, that the amended Appendix 19-A was inadvertently not included in Ordinance 08-012. Section 3. Property. Properties subject to this Ordinance are all properties within the Spokane Valley corporate limits zoned either Corridor Mixed Use (CMU) or Mixed Use Center (MUC) on the City's Official Zoning Map. Section 4. Text Amendment. Ordinance 08-012 shall be amended to include a new section as follows: Section 5. Text Amendment. Appendix 19-A, Schedule of Permitted Uses, SVMC is hereby amended as set forth in Attachment B. Section 6. Severability. If any section, sentence, clause or phrases of this Ordinance should 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,clause or phrase of this Ordinance. Section 7. Effective Date. This ordinance shall be in full force and effect five (5) days after the publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by law. PASSED by the City Council this 24th day of March,20!AS y � y I ayor,Rich Munson AT ity Clerk, Christine':ainbridge Approved As To Form: b e 44 Office f the City Attorney Date of Publication: April 3, 2009 Effective Date: April 8,2009 Ordinance 09-006 amending 08-012 Zoning Map Page 2 of 4 ATTACHMENT B APPENDIX 19-A, SCHEUDLE OF PERMITTED USES Ordinance 09-006 amending 08-012 Zoning Map Page 3 of 4 c m ca'i o TO Z.To 2 cn o x E m t 5 E 5 ca E >` N ,- N 0 Schedule of Permitted m o o a - r Reference �' u. U. c� N 8 tll U c g Q E E E E E'u °' `° m re e: ce . . . Q D ... a, O . rn E m Conditions Z Uses Appendix 19-A �. E E E cc E o z QX o V o ni Z V V o 0 U _ c Z L s s s 81 814 Dwelling,accessory apartments SVMC 19.40.100 81 814 Dwelling,Caretaker's residence s _ S s SVMC 19.60.060(1) PP 72 7213 Dwelling,Congregate P PP P P P P P P 81 814 Dwelling,Duplex P P P P P 81 814 Dwelling,Multifamily P PP s s SVMC 19.60.020(21_ P P P P P P 81 814 Dwelling,single family P P s s SVMC 19.60.020(2) P P P 81 814 Dwelling,Townhouse P PP P 1 Ordinance 09-006 amending 08-012 Zoning Map Page 4 of 4