Ordinance 09-039 Amending Comprehensive Plan CPA 01-09 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 09-039
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, AMENDING ORDINANCE 06-010 ADOPTING THE CITY OF SPOKANE
VALLEY COMPREHENSIVE PLAN AND PROVIDING FOR OTHER MATTERS PROPERLY
RELATING THERETO.
WHEREAS, through Spokane Valley Ordinance 06-010, the City of Spokane Valley adopted
Land Use plans and regulations as set forth in the Comprehensive Plan, Capital Facilities Plan, and Maps
as the Comprehensive Plan of the City of Spokane Valley; and
WHEREAS, the Washington State Growth Management Act(GMA) allows comprehensive plans
to be amended annually(RCW 36.70A130); and
WHEREAS, amendments to the City of Spokane Valley Comprehensive Plan may be initiated by
the Planning Commission (Commission), the City Council (Council) or by the Community Development
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 property consistent with land use map designations; and
WHEREAS, consistent with the GMA, City of Spokane Valley adopted Public Participation
Guidelines to direct the public involvement process for adopting and amending comprehensive plans; and
WHEREAS, the Spokane Valley Municipal Code provides that amendment applications shall be
received until November 1 of each year; and
WHEREAS, the application was submitted by the applicant to amend the Comprehensive Plan
and Zoning Map for the purpose of beneficially using the property described herein; and
WHEREAS, following the application to the City, staff conducted an environmental review to
determine the potential environmental impacts from the proposed amendment; and
WHEREAS, after reviewing the Environmental Checklist, staff issued a Determination of
Nonsignificance (DNS) on December 19, 2008 for the proposal, published the DNS in the Valley News
Herald on December 19, 2008, and posted the DNS on site and mailed the DNS to all affected public
agencies; and
WHEREAS, the Washington State Department of Community, Trade and Economic
Development was notified on February 27, 2009 pursuant to RCW 36.70A.106 providing a 60-day notice
of intent to adopt amendment to the Spokane Valley Comprehensive Plan; and
WHEREAS, the Commission conducted a briefing on February 26, 2009, to review the proposed
amendment; and
WHEREAS, notice of the Commission public hearing was published in the Valley News Herald
on February 20, 2009; and
Ordinance 09-039 Comp Plan Amendments Page I of 4
WHEREAS, on February 20, 2009, notice of the Commission hearing was mailed to all property
owners within 400 feet of the subject property ; and
WHEREAS, notice of the hearing was posted on the subject property; and
WHEREAS, the Commission conducted a public hearing on March 12, 2009 at which time the
Commission received evidence, information, public testimony and a staff report and recommendation;
and
WHEREAS,the Commission, at the conclusion of the public hearing and after deliberating on the
proposed amendment and information presented during the course of the hearing, continued the public
hearing to March 26, 2009 for CPA-O1-09; and
WHEREAS, the Commission deliberated on CPA-01-09 on March 26, 2009; the Commission
recommended approval of amended proposal; and
WHEREAS, on March 31, 2009, Council reviewed the Commission's recommendations on the
proposed Comprehensive Plan amendment; and
WHEREAS, on April 14, 2009, Council considered a first ordinance reading to adopt the
proposed amendment; and
WHEREAS, on May 12, 2009, Council considered a second ordinance reading at which time
Council removed CPA-01-09; and
WHEREAS, the City Council directed staff or conduct research on development agreements in
association with comprehensive plan amendments; and
WHEREAS, on August 11, 2009 the City Council adopted ordinance 09-015, an emergency
ordinance allowing for development agreements in association with comprehensive plan amendment(s);
and
WHEREAS, on December 8, 2009 the City Council held a public hearing on associated
development agreement; and
WHEREAS, on December 8, 2009, Council considered a first ordinance reading to adopt the
proposed amendment; and
WHERAS, on December 15, 2009, Council considered a second ordinance reading at which time
the Council approved written findings of fact setting forth their basis for approval of the proposed
amendment.
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 Comprehensive Plan
adopted through Ordinance No. 06-010.
Section 2. Planning Commission Findings. The City Council acknowledges that the
Commission conducted appropriate investigation and study, held a public hearing on the proposed
amendment to the Comprehensive Plan and recommended approval of the amendment to the Comprehensive
Plan map. The City Council hereby adopts the following Commission's findings:
Ordinance 09-039 Comp Plan Amendments Page 2 of 4
1. Notice for the proposed amendment was placed in the Spokane Valley News Herald on February 20, 2009
and the site was posted with a"Notice of Public Hearing" sign, with a description of the proposal.
2. Notice of the map amendment proposal was mailed to all property owners within 400 feet of affected site.
3. Pursuant to the State Environmental Policy Act(SEPA—RCW 43.21C)environmental checklist was
required for proposed comprehensive plan map amendment.
4. Staff reviewed the environmental checklist and a threshold determination was made for the
comprehensive plan amendment request. Determination of Non-significance(DNS) was issued for the
requested comprehensive plan amendment on December 19, 2008.
5. The DNS was published in the city's official newspaper on December 19, 2008 consistent with the City
of Spokane Valley Environmental Ordinance.
6. The Spokane Valley Planning Commission conducted a public hearing on March 12, 2009,to consider
the proposed amendment.
7. The Commission continued the public hearing for CPA-01-09 to March 26, 2009.
8. On March 26, 2009, the Commission made recommendation on CPA-01-09.
Section 3. City Council Findings. The City Council hereby adopts the following findings:
1. The planning goals of the Growth Management Act (GMA) were considered and the proposed
amendment is consistent with the GMA.
2. The goals and policies of the Spokane Valley Comprehensive Plan were considered and the
proposed amendment is consistent with the Comprehensive Plan.
3. The proposed land use and zoning designations are consistent with the current use of the property.
4. Findings were made and factors were considered to ensure compliance with approval criteria
contained in Section 17.80.140 H. (Comprehensive Plan amendment and area-wide rezones) of the
Spokane Valley Municipal Code(SVMC).
5. The Comprehensive Plan Land Use Map will not adversely affect the public's general health, safety,
and welfare.
6. That, with the approval of thee Development Agreement, attached hereto and this by reference
incorporated herein, specifically limiting certain development, the council amends the Planning
Commission's recommendation and rezones for the entire property as set forth below.
Section 4. Property. The properties subject to this Ordinance are described in Attachment
Section 5. Comprehensive Plan Amendments. Pursuant to RCW 35A.63.073 the City of
Spokane Valley Comprehensive Plan Map as adopted through Ordinance No. 06-010, is hereby amended •
as set forth in Attachment "A". The Comprehensive Plan Amendment is generally described as follows:
File No. CPA-O1-09:
Application/Description of Proposal: Comprehensive Plan Map amendment to change the designation
on parcels 45242.9032, 45242.9033,45242.9035,45242.9036, 45242.9050,45242.9051,45242.9056 and
45242.9057 from Low Density Residential to High Density Residential.
Applicant: Dennis Crapo; 15321 East Mission Avenue; Spokane Valley, WA 99037 and Joy Swenson;
15808 East 4'h Avenue; Spokane Valley, WA 9903745242
Amendment Location: Parcels 45242.9032,45242.9033, 45242.9035, 45242.9036, 45242.9050,
45242.9051, 45242.9056 and 45242.9057; located on the south side of 4`h Avenue between Sullivan Road
and Conklin Road; further located in the south half of the northwest quarter of Section 24,Township 25
North, Range 44 East, Willamette Meridian, Spokane County, Washington.
Ordinance 09-039 Comp Plan Amendments Page 3 of 4
Council Decision: Change Parcels 45242.9032,45242.9033,45242.9035,45242.9036,45242.9050,
45242.9051,45242.9056 and 45242.9057 to High Density Residential (HDR) associated with
development agreement.
Section 6. Comprehensive Plan - Copies on File-Administrative Action. The
Comprehensive Plan Map is maintained in the office of the City Clerk as well, as the City Department of'
Community Development. The City Manager or designee, following adoption of this Ordinance, is
authorized to modify the Comprehensive Plan Map in a manner consistent with this Ordinance as set forth
in Attachment "A."
Section 7. Liability. The express intent of the City of Spokane Valley 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 8. 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 9. Effective Date. This Ordinance shall be in full force and effect five(5) 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 15th day of December 2009
/ ,jJi /
"hard M. Mu o ayor
A
hristine Bainbridge, City Clerk
Approved As o Form:
Offic f the Ci orney
Date of Publication: 12-25-2009
Effective Date: 12-30-2009
Ordinance 09-039 Comp Plan Amendments Page 4 of 4
Attachment A
Comprehensive Plan Map
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Recommendation: Change the Comprehensive Plan map
CPA-01-09 designation from LDR to HDR on parcels 45242.9032,2.9050,
City of Spokane Valley 2.9051,2.9036,2.9057,2.9056,2.9033 and 2.9035 with a
Community Development Department
subsequent zoning of MF-2.
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