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Ordinance 09-040 Amending Zoning Map CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 09-040 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING ORDINANCE 07-015 WHICH ADOPTED THE OFFICIAL ZONING MAP; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City of Spokane Valley adopted Land Use plans and regulations as set forth in the Spokane Valley Municipal Code (SVMC) and the City of Spokane Valley Zoning Map through Ordinance No. 07-015; 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, zone changes under consideration with the annual Comprehensive Plan amendments are to be considered as area-wide rezones pursuant to 17.80.140 of the SVMC; 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 area-wide rezones; 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 Ordinance 09-040 Zoning Map Changes Page 1 of 5 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 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-01-09; 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 amendments; and WHEREAS, on December 8, 2009 the City Council held a public hearing on associated development agreement; and Ordinance 09-040 Zoning Map Changes Page 2 of 5 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 Official Zoning Map adopted through Ordinance No. 07-015 in order to permit the property described herein to be used in a manner consistent with the same. 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: 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. Ordinance 09-040 Zoning Map Changes Page 3 of 5 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 "A." 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 Crajo; 15321 East Mission Avenue; Spokane Valley, WA 99037 and Joy Swenson; 15808 East 4` Avenue; Spokane Valley, WA 99037 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 4h 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. Council Decision: Change Parcels 45242.9032, 45242.9033, 45242.9035, 45242.9036, 45242.9050, 45242.9051, 45242.9056 and 45242.9057 to Multi-family High Density Residential District (MF-2) associated with development agreement. 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 affect to the Comprehensive Plan the City hereby amends the Official Zoning Map of the City as set forth in Attachment 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 Development. The City Manager or designee, following adoption of this Ordinance, is authorized to modify the Zoning Map in a manner consistent with this Ordinance. Section 8. 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 Ordinance 09-040 Zoning Map Changes Page 4 of 5 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 (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 Deceirr, 2009 /:41„. en jet/ ichard M. so ayor ATTES . ristine Bainbridge, City Clerk Approved As To Form: O l c D Office f the Cit Attorney Date of Publication: 12-25-09 Effective Date: 12-30-09 Ordinance 09-040 Zoning Map Changes Page 5 of 5 Attachment A Zonin ' Ma I , - P1�— - .0 3. MEOW iiipmasowoR ii ;M., "II 711 ! ....._ -_,..--,-,-; _ ----- ---1 .--- 1111_11 ' '' - I - IT---,, i . d ,. I : e'." p./0-, 1NIII ; 2 P 111L ��, , i, :Inch iiiii1u1tfrøCPA0109 Oil. I- i spiL« allti :::, I 1IIIIII1,* s; III 11111 /// ♦ � ♦ ♦� II 16, lop ..Mus. . a c r v .th Pa :;77 114 :1111 Central Valle �. y Senior High 4 :3. !111 �1 me 111110110 WWI it Ar0: Ar AVA AArAWAriiiiw'ii AV iii 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.