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Ordinance 23-005 re 19.30 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.23-005 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING CHAPTER 19.30 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATED TO COMPREHENSIVE LAND USE MAP AMENDMENT AND ZONING MAP AMENDMENT REGULATIONS, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley (City)previously adopted Title 19 of the Spokane Valley Municipal Code(SVMC)relating to zoning regulations, and has made subsequent amendments from time- to-time as appropriate; and WHEREAS, such regulations are authorized pursuant to chapter 36.70A RCW; and WHEREAS, City staff has proposed an amendment to Title 19 SVMC revising chapter 19.30 SVMC as it relates to privately initiated site-specific Comprehensive Plan land use map amendments and privately initiated site-specific zoning map amendments, establishing additional criteria that shall be considered when reviewing the proposed map amendments. WHEREAS, on November 18, 2022,the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing a notice of intent to adopt amendments to Spokane Valley development regulations; and WHEREAS, on October 13, and November 10, 2022, the Planning Commission (Commission) held study sessions to review and consider the proposed amendment; and WHEREAS, on November 18 and 25, 2022, notice of the Commission's public hearing was published in the Valley News Herald; and WHEREAS, on December 8, 2022, the Commission held a public hearing, received evidence, information,public testimony, and a staff report with a recommendation, followed by deliberations; and WHEREAS,on December 22,2022,the Commission approved the findings and recommended that City Council adopt the amendment; and WHEREAS, on January 24, 2022, City Council reviewed the proposed amendment and Commission's Findings and Recommendation; and WHEREAS, on February 7, 2022, City Council considered a first ordinance reading to adopt the proposed amendments; and WHEREAS,the amendment set forth below is consistent with the goals and policies of the City's Comprehensive Plan;and WHEREAS, Title 19 SVMC, as amended, bears a substantial relation to the public health, safety, welfare and protection of the environment. NOW, THEREFORE,the City Council of the City of Spokane Valley ordains as follows: Ordinance 23-005—Title 19 SVMC Amendment Page 1 of 4 Section 1. Purpose. The purpose of this Ordinance is to amend Title 19 SVMC to revise chapter 19.30 SVMC as it relates to privately initiated site-specific Comprehensive Plan land use map amendments and privately initiated site-specific zoning map amendments. The proposed regulation will identify additional criteria that shall be considered when reviewing the proposed map amendments. Section 2. Findings and Conclusions. The City Council acknowledges that the Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments, and recommends approval of the amendments. The City Council has read and considered the Commission's findings. The City Council hereby makes the following findings: A, Growth Management Act Policies - Washington State Growth Management Act (GMA) provides that each city shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan. B. City of Spokane Valley Goals and Policies-The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted County-Wide Planning Policies, set forth below. LU-GI Maintain and enhance the character and quality of life in Spokane Valley. LU-G2 Provide for land uses that are essential to Spokane Valley residents,employees, and visitors. LU-P7 Protect residential neighborhoods from incompatible land uses and adverse impacts associated with transportation corridors H-P6 Preserve and enhance the city's established single-family neighborhoods by minimizing the impacts of more dense housing typologies such as duplexes and cottage development C. Conclusions 1. The proposed amendment bears substantial relation to public health, safety, welfare and protection of the environment. The encroachment of incompatible densities and land use intensities into adjacent areas should be avoided. It is especially important to preserve the integrity of residential neighborhoods. 2. The proposed City-initiated Code text amendment is consistent with the City's adopted Comprehensive Plan and the approval criteria pursuant to SVMC 17.80.150(F). Section 3. Amendment. Title 19 SVMC is hereby amended as follows: 19.30.010 Comprehensive Plan text and map amendments. A. Pursuant to RCW 36.70A.130(2)(a),proposed updates to the Comprehensive Plan shall only be processed once per year except for the adoption of original subarea plans,amendments to the SMP,the amendment of the capital facilities chapter concurrent with the adoption of the City budget, in the event of an emergency, or to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearings Board. B. Privately initiated Comprehensive Plan land use map amendments shall consider the following criteria: Ordinance 23-005—Title 19 SVMC Amendment Page 2 of 4 1. The effect of the proposed amendment on the land use and circulation pattern of the surrounding area. 2. The existence of boundaries such as right-of-way and natural areas shall be observed. In general, proposals shall avoid extending land use designations across freeways, highways, or railroad rights-of- way that present a logical boundary. 3. Proposed amendments shall avoid creating or expanding zoning peninsulas or islands, or otherwise create intrusions into a different land use designation. 4. A site-specific land use map amendment also requires a site-specific zoning map amendment and shall additionally meet the criteria in SVMC 19.30.030.B C. Comprehensive Plan text and map amendments are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.140. 19.30.020 Area-wide rezones. A. Area-wide rezones shall be considered only in conjunction with updates to the Comprehensive Plan text and maps to ensure full consideration of the cumulative effects of all changes. B. Area-wide rezones are classified as Type IV development applications and shall be processed pursuant to SVMC 17.80.140. 19.30.030 Site-specific zoning map amendments. A. Site-specific zoning map amendment requests may be submitted at any time. Site-specific zoning map amendments are classified as Type III development applications and shall be processed pursuant to SVMC 17.80.140. B. All site-specific zoning map amendment requests shall meet all of the following criteria: 1. Provide a general review of the capacity of transportation, public water, and public sewer to meet the demands of the proposed new land use; 2. Be consistent with the Comprehensive Plan land use designation; 3. Bear a substantial relation to the public health, safety,and welfare; 4. Be warranted in order to achieve consistency with the Comprehensive Plan or because of a need for additional property in the proposed zoning district classification, or because the proposed zoning classification is appropriate for reasonable development of the subject property; 5. Avoid creating or expanding zoning peninsulas or islands, or otherwise create intrusions into a different zoning district; b.Not be materially detrimental to uses or property in the immediate vicinity of the subject property; 7. Have merit and value for the community as a whole; and 8. Consider logical boundaries and barriers such as right-of-way, Spokane River, and railroad corridors. Ordinance 23-005—Title 19 SVMC Amendment Page 3 of 4 Section 4. 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 5. 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 of Spokane Valley as provided by law. Passed by the City Council this 7th day of February, 2023. A E ' QVct- r x I e )3' „ rvli L Pam Haley Mayor o Christine Bainbridge, City CIerk Approved as to Form: of the City Attorney Date of Publication: —/ 9-, 6u 3 Effective Date: j- 01. 3 -- Q 6 .3 Ordinance 23-005—Title 19 SVMC Amendment Page 4 of 4