Ordinance 23-015 Comprehensive Plan AmendmentCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.23-015
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, AMENDING THE CITY OF SPOKANE VALLEY COMPREHENSIVE PLAN;
AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, pursuant to Spokane Valley Ordinance No. 16-018, the City of Spokane Valley adopted
the Comprehensive Plan, Capital Facilities Plan, and maps as the Comprehensive Plan of the City of
Spokane Valley (the Comprehensive Plan); 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, the City adopted Public Participation Guidelines to direct the public involvement process
for adopting and amending comprehensive plans; and
WHEREAS, the Spokane Valley Municipal Code (SVMC) provides that amendment applications shall
be received prior to 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, on November- 22, 2022, City Council approved the 2023 Comprehensive Plan Amendment
Docket, which included one proposal, CPA-2023-0001; and
WHEREAS, pursuant to the State Environmental Protection Act chapter 43.21C 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 December 9, 2022, after reviewing the environmental checklists, staff issued a
Determination of Non -Significance (DNS) for the proposal, published the DNS in the Valley News Herald,
and where appropriate posted the DNS on site and mailed the DNS to all affected public agencies; and
WHEREAS, on December 5, 2022, 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 March 9, 2023, the Commission conducted a study session to review the proposed
amendments; and
WHEREAS, on June 2 and 9, 2023, notice of the Commission public hearing was published in the
Valley News Herald the City's official newspaper; and
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WHEREAS, on June 6, 2023, notice of the Commission hearing was mailed to all property owners
within 400 feet of the subject property; and
WHEREAS, on June 7, 2023, notice of the Commission hearing had been posted on the subject
property; and
WHEREAS, on June 22, 2023, the Commission received evidence, information, public testimony, and
a staff report and recommendation at a public hearing; and
WHEREAS, on June 22, 2023, the Commission deliberated and voted to forward CPA-2023-01 to
Council with a recommendation for approval, with written findings of fact setting forth the bases for such
recommendations to Council; and
WHEREAS, on July 25, 2023, Council conducted a briefing to review the proposed amendments; and
WHEREAS, on July 25, 2023, Council concurred to place CPA-2023-01 in an ordinance for
consideration of approval; and
WHEREAS, on August S, 2023, Council considered a first ordinance reading to approve CPA-2023-
01; and
NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows:
Section ]. Purpose. The purpose of this Ordinance is to amend the Comprehensive Plan as
described in CPA-2023-01.
Section 2. Findings. Council acknowledges that the Commission conducted appropriate
investigation and study and held a public hearing on the proposed amendments to the Comprehensive Plan.
Council has considered the Commission's findings. Council makes and adopts findings specific to each
Comprehensive Plan amendment as set forth in Section 4 below. The Council hereby makes and adopts
the following general findings applicable to all proposed amendments:
General Finding
1. Pursuant to chapter 43.21C RCW (SEPA), environmental checklists were required for the
proposed Comprehensive Plan amendment.
2. Staff reviewed the environmental checklists and a threshold determination was made for the
proposed Comprehensive Plan amendment.
3. On December 9, 2022, Determination ofNon-Significance (DNS) was issued for the proposed
Comprehensive Plan amendments.
4. On December 9, 2022, the DNS was published in the City's official newspaper, the Valley
News Herald, pursuant to chapter 21.20 SVMC.
5. The procedural requirements of SEPA and Title 21 SVMC have been fulfilled.
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On December 5, 2022, the Washington State Department of Commerce was provided a notice
of intent to adopt amendments to the Comprehensive Plan.
On June 6, 2023, individual notices of public hearing for the proposed site -specific map
amendments were mailed to all property owners within 400 feet of the affected site.
On June 7, 2023 the site subject to a proposed site -specific amendment was posted with a
"Notice of Public Hearing" sign, with a description of the proposal.
On June 2 and 9, 2023, notice of the Commission public hearing was published in the Valley
News Herald.
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 June 22, 2023, the Commission held a public hearing on the proposed Comprehensive
Plan amendment. After receiving public testimony, the public hearing was closed.
12. On June 22, 2023, the Commission deliberated and voted to forward CPA-2023-01 to Council
with a recommendation for approval.
13. The Commission adopted findings for CPA-2023-014. Such findings were presented to
Council. Specific findings adopted and rnade by City Council for the 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.
15. The proposed amendments to the Comprehensive Plan are consistent with GMA and do not
result in internal inconsistencies within the Comprehensive Plan itself.
Section 3. Emperly. The property subject to this Ordinance is described in Attachment "A" (2023
Comprehensive Plan Amendment Maps).
Section 4. Comprehensive Plan and Map Amendment. Pursuant to RCW 36.70A.130, the
Comprehensive Plan is hereby amended as set forth below and in Attachment "A". The Comprehensive
Plan amendments are generally described as follows:
Comprehensive Plan and Map Amendment:
File No. CPA-2023-01:
Proposal: A request to change the Comprehensive Plan designation and zoning for 19.45 acres Single
Family Residential (SFR) and 4.41 acres Neighborhood Commercial (NC) to Parks/Open Space (P/OS).
Applicant: City of Spokane Valley
Amendment Location: Parcels 463519143, 46352.9149, 46354.9150, and 46355,9151; Section 35,
Township 26 North, Range 44 East, Willamette Meridian, Spokane County, Washington.
Council adopts and makes the following Findings for CPA-2023-01:
1. The proposed amendment to change the designation for 19 acres from Single Family
Residential (SFR) and 4 acres from Neighborhood Commercial (NC) to Parks and Open
Space (P/OS) bears a substantial relationship to the public health, safety, welfare, and
Ordinance 23-015: 2023 Comprehensive flan Amendments Page 3 of 6
protection of the environment. In 2021, the City acquired four parcels (46351.9143,
46352,9149, 46354,9150, 46355.9151) west and south of Progress Road and east of Forker
Road. This area was generally identified as New Park Area 1 in the 2019 Parks and
Recreation Master Plan. These plans were developed through an extensive community
engagement process. Additionally, the expansion is necessary to maintain the adopted Level
of Service (LOS) 3.25 acres of park land for every 1,000 residents.
2. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and
with the portion of the City's adopted plan not affected by the amendment. The Growth
Management Act (GMA) adopts fourteen goals to guide the development of local
comprehensive plans and development regulations. The proposal is consistent with the GMA
goals to enhance recreational opportunities and develop parks and recreation facilities.
Additionally, the GMA requires a Parks and Recreation element to be a part of the adopted
comprehensive plan. The City's Comprehensive Plan adopts the Parks Plan by reference.
3. The proposed amendment does not respond to a substantial change in conditions beyond the
property owner's control applicable to the area within which the subject property lies.
4. The proposed amendment is not in response to or corrects an obvious mapping error.
5. The proposed amendment will address a documented deficiency of park land in the
Comprehensive Plan. Presently, the City needs an additional 53 acres of park land to meet
adopted levels of service. In addition, the Comprehensive Plan identifies the following goals
and policy that support the proposed change:
a. P-G1 Develop, grow, and maintain a diverse and accessible park, recreation, trail,
and open space system that enhances community character.
b. P-P2 Acquire land for the development of parks or the preservation of open space
within the City's boundaries and adjacent UGAs.
c. P-P3 Using the Parks and Recreation Master Plan, periodically assess recreational
facilities to identify potential gaps and improvements.
d. P-P7 Identify and protect regional open spaces and natural areas to form a connected
network of active and passive recreation areas.
c. NR-G 1: Pursue flood hazard reduction while providing predictability for
landowners.
f. NR-P9: Ensure that wetlands, fish and wildlife habitat conservation areas, frequently
flooded areas, geologically hazardous areas, and critical aquifer recharge areas are
identified, designated, and protected.
The change to P/OS will not impact the physical environment. The change will result in less
intensive uses than are allowed in SI~R and NC zones, reducing potential effects on the
physical environment.
According to the City's Critical Areas map, most of the property is located in the 100-year
floodplain. The primary flood zone designation that applies to the site is AO, which is defined
as an area of shallow flooding, usually in the form of sheet flow, with an average depth
ranging from I to 3 feet. There is also a seasonal stream (DNR Type F) located on the
property that flows into a drainage channel, which is deposited into a stormwater storage
basin where it infiltrates into the soil. The parcels are not located within shoreline
jurisdiction, and there are no known surface water quality or quantity issues. The City's
environmental controls including floodplain and critical areas regulations will ensure
protection of the critical areas and adjacent land use are addressed at the time of future
development. During deliberations, members of the Planning Commission stated an
agreement with public testimony that a future park development should consider maintaining
the area as natural open space.
The proposed amendment is compatible with the surrounding land uses. Future development
of the park space will provide a documented need and location identified in the 2019 Parks
and Recreation Master Plan.
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9. The proposed amendment site is adequately served by and will have minimal impact on
community facilities including utilities, roads, public transportation, parks, recreation, and
schools.
10. The proposed amendment provides benefits to the neighborhood and City by providing an
opportunity to provide park and open space to the neighborhood without the need to leave
the area. Plante's Ferry Park, the nearest formal public park, is outside municipal boundaries
and maintained by Spokane County. The proposed amendment will provide new City -owned
and maintained park and open space for residents. Tyre expansion of park space in this area
will help the City meet its adopted LOS for park land.
11. The quantity and location of park land is planned for and needed as identified in the Parks
Plan. A park at this location furthers the goals of the Parks Plan and Comprehensive Plan.
12. The proposed change would have no impact on projected population density.
13. The proposal will not have an impact on other aspects of the Comprehensive Plan. In addition
to meeting the goals in the Parks and Recreation Master Plan the proposed amendment
addresses the following goals, policies, and strategy of the Comprehensive Plan:
a. LU-G2 Provide for land uses that are essential to Spokane Valley residents,
employees, and visitors.
b. LU-P18 Enable public open spaces.
c. P-G1 Develop, grow, and maintain a diverse and accessible park, recreation, trail,
and open space system that enhances community character.
d. P-P2 Acquire land for the development of parks or the preservation of open space
within the City's boundaries and adjacent UGAs.
e. P-P3 Using the Parks and Recreation Master Plan, periodically assess recreational
facilities to identify potential gaps and improvements.
f. P-P5 Design parks and community facilities to provide easy access for pedestrians,
bicycles, autos, and public transit.
g. P-P8 Plan for access to parks, trails, and other open spaces in all neighborhoods.
h. NR-G 1 Pursue flood hazard reduction while providing predictability for landowners.
i. NR-P2 Prepare and/or regularly update watershed plans for Chester Creek, Glenrose
Channel, Saltese Creek, Forker Draw, and Central Park Basin.
j. NR-P3 Prepare an accurate, updated trap of areas expected to be inundated by a 100-
year flood, particularly in the Spokane River, Forker Draw, and Glenrose Channel
Areas.
k. NR-P9 Ensure that wetlands, fish and wildlife habitat conservation areas, frequently
flooded areas, geologically hazardous areas, and critical aquifer recharge areas are
identified, designated, and protected.
14. The criteria of SVMC 17.80.140(H) are met by the amendment.
Council Decision: Change the designation for parcel numbers 46351.9143, 46352,9149, 46354.9150, and
46355.9151to Parks/Open Space (P/OS).
Section 5. Map - Copies on File -Administrative Action. The Comprehensive Plan (with maps) 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
Comprehensive Plan (including maps) in a naanner 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.
Ordinance 23-015: 2023 Comprehensive Plan Amendments Page 5 of 6
Section 7. Severab Llity. If any section, sentence, clause, or phrase of this Ordinance shall be held to
be invalid or till COnStitUti on aJ by a court of conipetentjurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this
Ordiiiance.
Section 8. Effective Date, This Cirdinwice shall be in full force and effect five days, after publication
of this Ordinance or a suminmy, thereof in the official newspaper of the City as provided by law.
PASSED by the City Council this filth (Jay of August, 2023.
ATJ�E�T:
Marej 144rsoii, City Clerk
Approved as to form:
71 il.
(D&V—c of the Ci yy Ztorriey
Date Of PUblication: 2.
Effective Date: z'
Pain Haley, Mayor'
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