Ordinance 09-005 Amending Airport Hazard Overlay Zone CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.09-005
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING ORDINANCE 07-015 SPOKANE VALLEY MUNICIPAL
CODE SECTION 19.110.030, TABLE 19-110-1 CHANGING THE DENSITY LIMITATIONS
IN ZONE 6 OF THE AIRPORT HAZARD OVERLAY ZONE WITH CRITERIA AND
ADDING DEDICATION LANGUAGE FOR SHORT SUBDIVISONS AND SUBDIVISIONS:
WHEREAS, the City of Spokane Valley adopted the Spokane Valley Municipal Code (SVMC) pursuant to
Ordinance 07-015,on the 24th day of September,2007; and
WHEREAS,the SVMC became effective on 28th day of October,2007;and
WHEREAS,the amendment is consistent with the goals and policies of the City's Comprehensive Plan;and
WHEREAS, the City provided a copy of the proposed amendment to Community Trade and Economic
Development(CTED)initiating a 60 day comment period pursuant to RCW 36.70A.106;and
WHEREAS, the City has had "formal consultation" with "airport owners and managers, private airports
operators, general aviation pilots, ... and the aviation division of the department of transportation" pursuant to
RCW 36.70.547; and
WHEREAS, the amended ordinance as set forth bears a substantial relation to the public health, safety and
welfare and protection of the environment;and
WHEREAS, the Commission received evidence, information, public testimony and a staff report and
recommendation at a public hearing on October 23,2008;and
WHEREAS, the Commission deliberated on December 11, 2008; the Commission provided no
recommendation; and
WHEREAS,on January 3,2009,Council reviewed the proposed amendments;and
WHEREAS,on March 3,2009,Council reviewed the proposed amendments; and
WHEREAS, on March 24, 2009, Council considered a first ordinance reading to adopt the proposed
amendment;and
WHEREAS, on April 14, 2009, Council considered a second ordinance reading at which time Council
approved of the proposed amendment.
NOW THEREFORE,THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW:
Section One: SVMC Chapter 19 shall be amended as follows:
19.110.030 AIRPORT HAZARD OVERLAY
Table 19-110-1 Airport Land Use Compatibility Prohibited Uses:
Ordinance 09-005 Modification to Zone 6 in Airport Hazard Overlay(Section 19.110.030) Page 1 of 3
Airport Land Use Compatibility Zones
6
6a
Prohibited Uses North of Utah 6b
Avenue & E. South of Utah
Rutter Avenue & E.
1 2 3 4 5 Avenue . Rutter Avenue
Single-family
Residential • • C C) • 4) 6)
1 du/2.5 acre 1 du/2.5 acre
1 du/5 1 du/ or Underlying or Undvrlyg
Maximum Density ** n/a n/a acres 2.5 acre n/a zone(la)(2) zone '"` (2)
Manufactured
Housing Parks • • • • • • •
Multi-family
Residential • • • • • • •
Schools • • • • • • •
Parks& Playgrounds • • • • • • •
Hospitals • • • • • • •
Nursing Homes • • • • • • •
Daycare • • • • • • •
Churches • • • • • • •
Hazardous Material • • • • •
Storage
Flammable Materials • • • • •
Storage
Incinerators • • • • • • •
Overhead utilities • • • • • • •
High Intensity Uses • • • _ • •
• Prohibited Uses
** Density limited
`) Must comply with a minimum of one(1) of the following criteria;
a. The site had water or sewer stubs installed for future development prior to the adoption of
the City of Spokane Valley initial airport hazard overlay regulations on 2-28-06 by
Ordinance 06-002; or
b. Consistent with adjacent (not across public rights of way) property sizes for proposed
development; or
c. More than one residence is located on a property, excluding any residence used at one time
for a dependent relative, may develop property consistent with underlining zone to make
conforming.
(2) All final short subdivisions and final subdivisions located within Zone 6 of the Airport Hazard
Overlay shall contain the following dedication language on the face of the plat "These lots are
located in an Airport Hazard Overlay that may he subject to increased noise levels. "
Section Two: 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.
Ordinance 09-005 Modification to Zone 6 in Airport Hazard Overlay(Section 19.110.030) Page 2 of 3
Section Three: 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 14th day of April,2009.
741, ""
rbayor, R' .rd`✓Munson
AT Eir.
L.ti
ity Clerk,Christine Bainbri/g •
V
Approved as to Form:
■
Of-ice of the City Attorney
Date of Publication: —d
Effective Date: -6, –�
Ordinance 09-005 Modification to Zone 6 in Airport Hazard Overlay(Section 19.110.030) Page 3 of 3