HomeMy WebLinkAboutOrdinance 19-005 amends comp plan map CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 19-005
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN CPA-2019-
0002 AND 2019-0009,DENYING ZONING MAP AMENDMENTS PROPOSED IN CPA 2019-0001
and 2019-0003; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING
THERETO.
WHEREAS, the City of Spokane Valley(City) adopted the Spokane Valley Municipal Code(SVMC)
and the Official City Zoning Map pursuant to Ordinance No. 16-018, on December 13,2016 (the Official
City Zoning Map); and
WHEREAS,the SVMC and Official City Zoning Map became effective on December 28, 2016; and
WHEREAS, comprehensive plans may be amended annually pursuant to RCW 36.70A.130 of the
Growth Management Act(GMA); and
WHEREAS, amendments to the City's Comprehensive Plan may be initiated by the Planning
Commission (Commission), the City Council(Council), citizens, or by the Community and Public Works
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 all properties in the City that are 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 Spokane Valley Municipal Code(SVMC)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 Map for the purpose of beneficially using the property described herein;
and
WHEREAS, pursuant to the State Environmental Protection Act(chapter 43.21 C RCW) (SEPA) and
chapter 21.20 SVMC, staff conducted an environmental review to determine the potential environmental
impacts from the proposed amendments; and
WHEREAS,on February 8,2019 and February 15,2019,notice of the Commission public hearing was
published in the Valley News Herald; and
WHEREAS,on February 8,2019,notice of the Commission hearing was mailed to all property owners
within 800 feet of the subject properties; and
WHEREAS, on February 8,2019,notice of the Commission hearing had been posted on all the subject
properties; and
Ordinance 19-005 2019 Zoning Map Amendments Page 1 of 8
WHEREAS, on February 14, 2019,the Commission conducted a study session to review the proposed
amendments; and
WHEREAS, on February 15, 2019, after reviewing the environmental checklists, staff issued a
Determination of Non-Significance(DNS)for each of the proposals,published the DNS in the Valley News
Herald, and where appropriate posted the DNS on the sites and mailed the DNS to all affected public
agencies; and
WHEREAS, on February 26, 2019, 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
WHEREAS, on February 28, 2019,the Commission received evidence, information,public testimony,
and a staff report and recommendation at a public hearing; and
WHEREAS,on February 28,2019,the Commission deliberated and voted to forward CPA-2019-0002,
and CPA-2019.0009,to Council with a recommendation for approval;and CPA-2019-0001 to Council with
a recommendation for denial; and CPA-2019-0003 with no recommendation, with written fmdings of fact
setting forth the bases for such recommendations to Council; and
WHEREAS,on April 16, 2019, Council conducted a briefing to review the proposed amendments; and
WHEREAS, on April 16, 2019, Council concurred to place CPA-2019-0002, CPA-2019.0003, and
CPA-2019-0009 in an ordinance for consideration of approval and to place CPA-2019-0001 in the
ordinance for consideration of denial; and
WHEREAS, on May 14, 2019, Council considered a first ordinance reading to approve CPA-2019-
0002, CPA-2019-0003, and CPA-2019-0009 and to deny CPA-2019-0001; and
WHEREAS, on May 14,2019, Council considered public comment and voted to amend the ordinance
to deny CPA-2019-0003; and
WHEREAS, on May 28, 2019, Council considered a second ordinance reading to adopt the proposed
amendments for CPA-2019-0002 and CPA-2019-0009 and to deny CPA-201.9-0001 and CPA-2019-0003.
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-2019-0002 and CPA-2019-0009 and to deny the zoning amendments proposed in CPA-
2019-0001 and CPA-2019-0003.
Section 2. Findings. Council acknowledges that the Commission conducted appropriate
investigation and study and held a public hearing on the proposed amendments to the Official City Zoning
Map, and the Council hereby approves the amendments to the Official Zoning Map with the exception of
CPA-2019-0001 and CPA-2019-0003 which are denied, Council has read and considered the
Commission's findings. Council's findings specific to each proposed amendment are contained in Section
4 below. The Council hereby makes the following general findings applicable to all proposed amendments:
Ordinance 19-005 2019 Zoning Map Amendments Page 2 of 8
General Findings:
1. Pursuant to chapter 43.21C RCW (SEPA), environmental checklists were required for each
proposed Comprehensive Plan map and text amendment.
2. Staff reviewed the environmental checklists and a threshold determination was made for each
proposed Comprehensive Plan amendment.
3. The procedural requirements of SEPA and SVMC Title 21 have been fulfilled.
4. On February 8, 2019, individual notices of public hearing for the proposed site-specific map
amendments were, or had been previously, mailed to all property owners within 800 feet of
each affected site.
5. On February 8,2018 each site subject to a proposed site-specific amendment was,or had been
previously, posted with a"Notice of Public Hearing"sign,with a description of the proposal.
6. On February 8, 2019 and February 15, 2019, notice of the Commission public hearing was
published in the Valley News Herald
7. On February 15, 2019, Determinations of Non-Significance (DNS) were issued for the
proposed Comprehensive Plan amendments.
8. On February 15,2019,the DNS's were published in the City's official newspaper,the Valley
News Herald,pursuant to chapter 21.20 SVMC.
9. On February 26,2019,the Washington State Department of Commerce was provided a notice
of intent to adopt amendments to the Comprehensive Plan.
10. The procedural requirements in SVMC 17.80.140 for the amendment process, including
public participation,notice, and public hearing requirements have been met.
11. On February 28, 2019, the Commission held a public hearing on each of the proposed
Comprehensive Plan amendments. After receiving public testimony the public hearing was
closed.
12. On February 28, 2019, the Commission deliberated and voted to forward CPA-2019-0002,
and CPA-2019-0009 to Council with a recommendation for approval, CPA-2019-0003 to
Council with no recommendation, and CPA-2019-0001 to Council with a recommendation
for denial.
13. The Commission adopted findings for CPA-2019-0001, CPA-2019-0002, CPA-2019-0003
and CPA-2019-0009. Such findings were presented to Council. Specific findings for each
Comprehensive Plan Amendment request are contained in Section 4, below.
14. The Commission and Council have reviewed the proposed amendments concurrently to
evaluate the cumulative impacts. The review was consistent with the annual amendment
process pursuant to SVMC 17.80.140 and chapter 36.70A RCW.
Ordinance 19-005 2019 Zoning Map Amendments Page 3 of 8
15. The proposed amendments to the Official City Zoning Map with the exception of CPA-2019-
0001 and CPA-2019-0003, are consistent with GMA and do not result in internal
inconsistencies within the Comprehensive PIan itself.
Section 3. Property. The properties subject to this Ordinance are described in Attachment"A"(2019
Official City Zoning Amendment Maps).
Section 4. Map Amendments. Pursuant to RCW 36.70A.130, the Official City Zoning Map as
adopted through Ordinance No. 16-018 is hereby amended as set forth below and in Attachment "A"
(Maps). The Zoning Map amendments are generally described as follows:
Map Amendments:
File No. CPA-2019-0001:
Proposal: Site-specific Comprehensive Plan map amendment requesting to change the designation
from Industrial (I) to Single Family Residential (SFR) and to change the Zoning District from
Industrial(I)to Single Family Residential Urban (R-3.
Applicant: Danny Davis, Circle J Mobile Home Park, LLC, 3580 N Gunnar Court, Coeur
d'Alene, ID 83815
Amendment Location: Parcel number 45183.9059; addressed as 622 North Park Road, located
300 feet south of the intersection of Park Road and Broadway Avenue, further located in the SW
'/a of Section 18, Township 25 North, Range 44 East, Willamette Meridian, Spokane County,
Washington
Council Findings: Pursuant to Ordinance No. 19-004, CPA-2019-0001 was denied by Council
and no subsequent change to the Official Zoning map shall occur.
Council Decision: Deny the request to change the zoning for parcel number 45183.9059 to Single
Family Residential(SFR).
File No. CPA-2019-0002:
Proposal: Site-specific Comprehensive Plan map amendment requesting to change the designation
from Single Family Residential (SFR) to Neighborhood Commercial (NC) and to change the
Zoning District from Single Family Residential Urban(R-3) to Neighborhood Commercial(NC).
Applicant: Whipple Consulting Engineers, Inc., 21 S. Pines Road, Spokane Valley, WA 99206
Amendment Location: Parcel number 45234.0210 addressed as 810 S. Sullivan Road,and parcel
number 45234.4501 addressed as 902 S Sullivan Road; located in the SW corner of 8'Avenue and
Sullivan Road, further located in the SE '/a of Section 23, Township 25 Noith, Range 44 East,
Willamette Meridian, Spokane County, Washington
Council Findings:
1. The public health, safety, welfare, and protection of the environment will be served by the
proposed amendment. Designating the property as neighborhood commercial will allow for
neighborhood scale services to be developed across from Central Valley High School, an intensely
developed school site,within walking distance to serve the residential area and student population.
Infrastructure, including streets, water, sewer, and other utilities, are available to support the
proposed amendment and will be provided through the course of development.
2. The proposed amendment to the Comprehensive Plan is consistent with Growth Management
Act (GMA) chapter 36.70A RCW. Specifically the following planning goals and policies would
be met:
a. Encourage development in urban areas where adequate public facilities and services
exist or can be provided in an efficient manner; and
b. Ensure that those public facilities and services necessary to support development shall
be adequate to serve the development at the time the development is available for
Ordinance 19-005 2019 Zoning Map Amendments Page 4 of 8
occupancy and use without decreasing current service levels below locally established
minimum standards; and
c. ED-G 1 support economic opportunities and employment growth for Spokane Valley.
d. LU-P1 Encourage neighborhood scale commercial uses in residential areas.
3. The proposed amendment does not respond to a substantial change in conditions beyond the
property owner's control. Substantial change has not occurred since the 2016 Legislative Update
to the Comprehensive Plan.
4. The proposed amendment does not correct a mapping error.
5. The proposed amendment does address an identified deficiency in the Comprehensive Plan.
The 2016 Comprehensive Plan Update identified areas for NC zoning and identified the need as a
community priority. The amendment location was not identified in the 2016 update, but it does
offer an opportunity for smaller scale commercial development in an area that is generally
consistent with the criteria for NC.
6. The goals and policies of the Comprehensive Plan were considered and the proposed
amendment is consistent with the Comprehensive Plan.
7. Findings were made and factors were considered to ensure compliance with approval criteria
contained in SVMC 17.80.140(11) (Comprehensive Plan amendments and area-wide rezones).
8. The Comprehensive Plan land use map amendment will not adversely affect the public's
general health, safety, and welfare.
9. The change to NC will allow neighborhood commercial development of the property. The site
will likely transition from a residential use with residential driveways,trees, lawn, and buildings to
a commercial building with parking structures,commercial landscaping, and stormwater treatment
areas. Traffic will likely increase with the commercial development. Both sites have been
developed with building, paving and grading activity.
10. The change to NC would not have any effect on open space, streams, rivers, and lakes. Any
stormwater associated with commercial development will be retained and treated on the site. The
site does not contain any streams,rivers or lakes. The open space areas associated with the required
residential front, rear, flanking, and side yards will likely transition to parking or commercial
landscaping areas.
11. The change is compatible with adjacent land uses and surrounding neighborhoods. NC
development is limited in size to reduce impacts to neighboring residential uses. Development
standards limit the height and location of commercial development and together with landscaping
and screening standards, will reduce the impacts to adjacent residential uses. The existing church
is a permitted use in the NC zone and was developed prior to the NC development standard.
Subsequent changes of use would have to be a permitted use in the NC zoning district and comply
with the NC development standards.
12, Adequate community facilities including utilities, roads, public transportation, parks,
recreation,and schools exist. A neighborhood commercial use will likely have minimal impact on
parks, recreation or schools. Generally a commercial use does not generate a need for those
facilities. As noted earlier the uses permitted within the NC zone are smaller in scale and suited
for neighborhoods. Sullivan Road is a Principal Arterial designed to serve through trips and
connect Spokane Valley with the rest of the region; 8th Avenue is an Urban Minor Arterial. Minor
arterial streets provide inter-neighborhood connections, transit access, and serve both local and
through trips. No impacts on community facilities are anticipated.
13.The change will benefit the neighborhood.The 2016 Legislative Update increased opportunities
for neighborhood commercial development throughout the City. The community expressed a
strong desire to encourage neighborhood scale commercial development. The neighborhood is
already served by the larger-scale commercial and retail uses north of site along 4th Avenue and
Sprague Avenue. The existing church is consistent with neighborhood commercial development.
The redevelopment of the southern property from single family residential to an NC use, such as
Ordinance 19-005 2019 Zoning Map Amendments Page 5 of 8
office,would allow a use that is reasonable and appropriate for the location across from the school
and adjacent to a church.
14,The 2016 Legislative Update to the Comprehensive Plan increased the areas that are zoned NC.
The NC zoned lands are scattered throughout the City, primarily located on arterial streets within
neighborhoods. NC zoned lands are located south of the site at the intersections of 16th and
Sullivan,and 24th and Sullivan. A small coffee/espresso stand has developed at 16th and Sullivan.
Of the five NC-zoned properties closest to this site, the 16th/Sullivan site is the only site to
redevelop from the existing use into a neighborhood commercial use. This site is located within
one half mile of major retail centers at Sprague/Sullivan and smaller retail centers at 4th/Sullivan.
During school periods the Central Valley High School, with a student population of over 2300
students, adds population density that can support NC development.
15. The NC zone allows single-family dwellings (current use of the south property) and
neighborhood scale commercial development. Single family uses are permitted in the NC zone and
the proposed change would have no effect on the land use capacity of the property. The proposed
change in land use to NC will not impact the overall density of the area.
16. The NC designation would support many of the Economic Development, Land Use,
Transportation, and Housing goals. The proposed land use change will have little effect on the
Capital Facilities and Public Services, Public and Private Utilities, Parks and Open Space and
Natural Resources elements of the Comprehensive plan.
Council Decision: Change the zoning for parcel numbers 45234.4501 and 45234.0210 to
Neighborhood Commercial(NC).
File No. CPA-2019-0003:
Proposal: Site-specific Comprehensive Plan map amendment requesting to change the designation
from Single Family Residential(SFR)to Multi Family Residential(MFR)and to change the Zoning
District from Single Family Residential Urban(R-3)to Multi Family Residential (MFR).
Applicant: Joel Elgee,24327 E. Maxwell Ave.,Liberty Lake, WA 99019.
Amendment Location: Parcel number 45181.0213 addressed as 8817, 8819, 8821 E. Sinto
Avenue, 1405 and 1407 N Marguerite Road; located in the NW corner of Sinto Avenue and
Marguerite Road, further located in the NE 'A of Section 18, Township 25 North, Range 44 East,
Willamette Meridian, Spokane County, Washington.
Council Findings:
Pursuant to Ordinance No. 19-004, CPA-2019-0003 was denied by Council and no subsequent
change to the Official Zoning map shall occur.
Council Decision: Deny the request to change the zoning for parcel number 45181.0213 to Multi
Family Residential (MFR).
File No. CPA-2019-0009:
Proposal: City-initiated site specific Comprehensive Plan map amendment requesting to change
the designation from Multi Family Residential (MFR)to Corridor Mixed Use (CMU) and the zoning
from Multi Family Residential(MFR)to Corridor Mixed Use District(CMU).
Applicant: City of Spokane Valley, 10210 East Sprague Avenue, Spokane Valley, WA 99206.
Amendment Location: Parcel numbers 45104.9150, 45104.9151, 45104.0324, 45104.0315,
45104.0311, 45104.0307, 45104.0308, 45104.0330, 45104.0329, 45104.0323, 45104.0327 and,
45104.0328, addressed as 13303, 13507, 13515, 13519, 13607 and 13621 East Mission Avenue,
located north of Mission Avenue between the intersections of Mission Avenue and McDonald Road
and Mission Avenue and Maurer Road, further located in Section 4 of Township 25, Range 44,
Willamette Meridian, Spokane County, Washington.
Council Findings:
I. The public health, safety, welfare, and protection of the environment will be served by the
proposed amendment. The amendment provides more flexibility of uses and intensity in an area
Ordinance 19-005 2019 Zoning Map Amendments Page 6 of 8
surrounded by similar zoning and uses. The amendment will allow opportunity for increases in
uses providing complementary daily goods and services and the subject properties will benefit by
being allowed to develop consistent with the adjacent land uses.
2.The proposed amendment to the Comprehensive Plan and Zoning Map is consistent with Growth
Management Act(GMA) chapter 36.70A RCW. Specifically the following planning goals would
be met:
a. Encourage development in urban areas where adequate public facilities and services
exist or can be provided in an efficient manner.
b. Provides for economic development adjacent to similar zoned parcels and utilizes land
for infill development within an urban area.
c. Provides a suitable land use designation consistent with the City's GMA compliant
Comprehensive Plan.
d. ED-P6 Promote the development or redevelopment of vacant and underutilized
properties, particularly those with potential to serve as a catalyst for economic
development.
e. LU-P5 Ensure compatibility between adjacent residential and commercial or industrial
uses.
f. LU-P16 Maximize the density of development along major transit corridors and near
transit centers and commercial areas.
g. H-Gl Allow for a broad range of housing opportunities to meet the needs of the
community.
h. CF-P2 Optimize the use of existing public facilities before investing in new facilities.
3. The proposed amendment does respond to a substantial change in conditions due to the 2016
Comprehensive Plan land use designation and zoning change of the surrounding properties. The
City underwent an extensive legislative Comprehensive Plan update in 2016. At that time, the
subject parcels were designated consistent with the existing land uses and maintained the same land
use designation. The surrounding properties to the north and west received a new land use
designation of CMU.
4. The proposed amendment does not correct a mapping error.
5. The proposed amendment does not address an identified deficiency in the Comprehensive Plan.
6. The properties will have the opportunity to transition and add a mix of uses to serve the
surrounding single family, duplexes and multifamily, commercial and office services. There is no
concern on effect of physical environment.
7. The site does not contain any streams, rivers or lakes. There will be negligible impact on the
open space areas.
8. The amendment is consistent with the adjacent land use designation, and allows the properties
to develop consistent with the existing CMU designation and development along the entire corridor
on the north side of Mission Avenue.
9. The proposed CMU designation will have minimal impact on parks, recreation or schools. The
City prepared a Trip Generation and Distribution Letter concluding there is adequate capacity. No
impacts are anticipated.
10. The proposed land use designation provides equal development opportunity to the properties
along the corridor which encourages development and implements the vision for corridor.
11. Since the majority of the proposed amendment area is developed the amendment would have
marginal impact, but the change would allow for more intensive uses and increased density.
12. Since the properties are substantially developed, the change to CMU development is not
anticipated to increase or decrease the population or density in the area. Although it is noted that
additional units could be developed on site above the current density. The change should not result
in significant impacts on the projected population density.
13. The CMU designation will support many of the Economic Development, Land Use,
Transportation, and Housing goals. It would have little effect on the Capital Facilities and Public
Ordinance 19-005 2019 Zoning Map Amendments Page 7 of 8
Services, Public and Private Utilities, Parks and Open Space and Natural Resources elements of
the Comprehensive plan.
Council Decision: Change the zoning for parcel numbers 45104.9150, 45104.9151, 45104.0324,
45104.0315, 45104.0311, 45104.0307, 45104.0308, 45104.0330, 45104.0329, 45104.0323,
45104.0327 and,45104.0328 to Corridor Mixed Use (CMU).
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 effect to the Comprehensive Plan, the City hereby
amends the Official City Zoning Map as set 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 and Public Works. 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 8. 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 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 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 28th day al ay,2019.
111b4 it
AT AO L.R. Hipt .r
Alt Aar
Christine Bainbridge, City Clerk
Approved As Form: aa
e/' '[1
Offic f e Ci •ney
Date of Publication: el - 9- g C/
Effective Date: 4 -- f d- - 0
Ordinance 19-005 2019 Zoning Map Amendments Page 8 of 8
Zoning Map
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CPA-2019-0002 Request:
S`tTrn� Owner: Advent Lutheran Church
polne TCF Properties LLC Change the land use designation from
4000 Valley Parcel#: 45234.501, .0210 SFR to NC and the Zoning from R-3 to NC
Address: 810 S Sullivan Rd
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