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HomeMy WebLinkAboutOrdinance 24-008 Amending Zoning MapCITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 24-008 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN CPA-2024-01.; 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, 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 I 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 December 19, 2023, City Council approved the 2024 Comprehensive Plan Amendment Docket, which included CPA-2024-01; 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 amendment; and WHEREAS, on January 5, 2024, 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 20, 2023, 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 8 and 22, 2024, the Planning Commission conducted two study sessions to review the proposed amendments; and WHEREAS, on February 23 and March 1, 2024, notice of the Commission public hearing was published in the Valley News Herald the City's official newspaper; and Ordinance 24-008: 2024 Zoning Map Amendments Page 1 of 7 WHEREAS, on February 21, 2024, notice of the Commission hearing was mailed to all property owners within 400 feet of the subject property; and WHEREAS, on February 22, 2024, notice of the Commission hearing had been posted on the subject property; and WHEREAS, on March 14, 2024, the Commission received evidence, information, public testimony, and a staff report and recommendation at a public hearing; and WHEREAS, on March 14, 2024, the Commission deliberated and voted to forward CPA-2024-01 to Council with a recommendation for approval, with written findings of fact setting forth the bases for such recommendations to Council; and WHEREAS, on April 16, 2024, Council conducted a briefing to review the proposed amendments; and WHEREAS, on April 16, 2024, Council concurred to place CPA-2024-01 in an ordinance for consideration of approval; and and WHEREAS, on April 30, 2024, Council considered a first ordinance reading to approve CPA-2024-0 1; 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-2024-0 1. 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. Council has considered the Commission's findings. Council makes and adopts findings specific to the Zoning Map amendment as set forth in Section 4 below. The Council hereby makes and adopts the following findings for CPA-2024-01: General Findings: 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. On January 5, 2024, Determination of Non -Significance (DNS) was issued for the proposed Comprehensive Plan amendment. 4. On January 5, 2024, 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. 6. On December 20, 2023, the Washington State Department of Commerce was provided a notice of intent to adopt amendments to the Comprehensive Plan. Ordinance 24-008: 2024 Zoning Map Amendments Page 2 of 7 7. On February 21, 2024, individual notices of public hearing for the proposed site -specific snap amendments were mailed to all property owners within 400 feet of the affected site. 8. On February 22, 2024, the site subject to a proposed site -specific amendment was posted with a "Notice of Public Hearing" sign, with a description of the proposal. 9. On February 23 and March 1, 2024, 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 March 14, 2024, the Commission held a public bearing on the proposed Comprehensive Plan amendment. After receiving public testimony, the public hearing was closed. 12. On March 14, 2024, the Commission deliberated and voted to forward CPA-2024-01 to Council with a recommendation for approval. 13. The Commission adopted findings for CPA-2024-01. Such findings were presented to Council. Specific findings adopted and trade by City Council for the Comprehensive PIan 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. Pro er . The property subject to this Ordinance is described in Attachment "A" (2024 Official City Zoning Map Amendments). Section 4. Map Amendments. Pursuant to RCW 36.70A.130, the Official City Zoning Map is hereby amended as set forth below and in Attachment "A" (Maps). The Zoning Map amendment is described as follows: Map Amendments: File No. CPA-2024-01: Proposal: A request to change the land use designation and zoning for approximately 49.2 acres of Multi - Family Residential to 44 acres Mixed Use and 5.2 acres Single -Family Residential. Applicant: City of Spokane Valley Amendment Location: 4418 E 8th Avenue; Parcel Numbers 35233.9191, 35233.9192, 35233.9176, 35233.0513, 35233.0709, 35233.0710, 35233,0604, 35233.0605, 35233.0606, 35233.0607, 35233,0608, 35233.0609, and 35233.0505; Section 23, Township 25 North, Range 43 East, Willamette Meridian, Spokane County, Washington. Council adopts and makes the following Findings for CPA-2024-01: 1. The proposed amendment to change the designation for 49.2 acres from Multi -Family Residential (MFR) to 44 acres Mixed Use (MU) and 5.2 acres Single -Family Residential (SFR) bears a substantial relationship to the public health, safety, welfare, and protection of the environment. Ordinance 24-008: 2024 Zoning Map Amendments Page 3 of 7 2. The proposal is a city -initiated map amendment that would allow for a broader range of uses on the northern portion of the property, which is accessed from 8th Avenue, a minor arterial. Mixed -Use (MU) provides economic opportunity by allowing for two or more different land uses within developments under this designation, including commercial uses not allowed under the current Multi -Family Residential (MFR) designation. MU developments can be either vertical or horizontally mixed, and could include employment uses such as office, retail, and/or lodging along with higher density residential uses, and in some cases community or cultural facilities. The subject property was purchased by Spokane Conservation District (SCD) approximately 7 years ago. The property is forested and was previously used for excavation and storage of landscape materials. The SCD has worked to enhance the forested portions of the property and built offices to support their operations. In addition, the SCD has for lease office space and a daycare onsite. SCD has expansion plans that include a farmers' market and other similar public -facing uses. All these uses would take place across the northern three parcels that are directly accessed from 8th Avenue. Allowing for a re -designation and rezone from MFR to MU would accommodate these future plans. In addition, the proposal recognizes that the southern portion of the property is adjacent to lower -intensity, single-family residential areas. Due to steep topography across the property, the southern portion of the property is disconnected from the northern portion fronting 8th Avenue and is more easily accessed from local access residential streets that include 13th and 14th Avenues. Changing the designation of the southern ten parcels from MFR to Single - Family Residential (SFR) would reduce the potential for higher intensity uses adjacent to the existing low -density residential neighborhood. The southern portion of the subject property will be more closely integrated with existing low -density residential neighborhoods and serve as a buffer from more intensive uses on the northern portion of the property. 3. The Growth Management Act (GMA) adopts fourteen goals to guide the development of local comprehensive plans and development regulations. At a broad level encouraging efficient use of transportation infrastructure and promoting economic development meets those related GMA goals. 4. 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. S. The proposed amendment is not in response to or corrects an obvious mapping error. 6. The proposed amendment does address a need identified in the Comprehensive Plan. The Land Use Element of the Comprehensive Plan identifies priorities that include supporting :neighborhood -scale development that enhances local community identity, supporting a mix of land uses, and allowing flexibility to apply innovative development approaches. In addition, the Economic Development Element of the Comprehensive Plan identifies priorities that include capitalizing on local outdoor recreation opportunities. In addition, the Natural Resources Element of the Comprehensive Plan identifies leveraging natural assets by minimizing impacts to critical areas as a priority for improving quality of life and attracting new business and residents. The proposed amendment proposal addresses these needs and priorities. Additionally, the proposed comprehensive plan amendment is supported by the following Goals and Policies: ED-P6: Promote the development or redevelopment of vacant and underutilized properties, particularly those with potential to serve as a catalyst for economic development. ED-P12: Leverage community assets (e.g. trails, natural amenities, and facilities) to grow the local economy. LU-G1: 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-P1: Enable neighborhood -scale commercial uses in residential areas. Ordinance 24-008: 2024 Zoning Map Amendments Page 4 of 7 LU-P5: Ensure compatibility between adjacent residential and commercial or industrial uses. LU-P6: Support neighborhood efforts to sustainably cultivate produce. LU-P7: Protect residential neighborhoods from incompatible land uses and adverse impacts associated with transportation corridors. 7. The property is developed and disturbed. The current site is forested but is surrounded by developed areas on all sides. While the change to MU could increase the intensity of development on the northern portion of the property, the site is also characterized by steep slopes and a Special Flood Hazard Area (SFHA), which will limit the scale of development across the whole site. Due to the physical limitations of the property, the impact to the physical environment would likely be minimal. All future development will be subject to the City's filoodplain regulations. 8. The site in question does not contain streams, rivers, or lakes, but a portion of the property is located in a Special Flood Hazard Area (SFHA) according to the adopted Flood Insurance Rate Map (FIRM). The property is also forested and includes steep terrain, which are considered to be geologically hazardous areas within the City's critical areas ordinance. The City's critical areas ordinance and floodplain regulations will ensure adequate protection of the critical areas and the SFHA when future development occurs. 9. The proposed amendment takes the surrounding land uses into consideration. Areas north and east of the site are designated MFR and allow for higher density residential development. One such multi -family residential development is under construction on the property immediately east of the site. One additional adjacent property to the east contains the Spokane School District No. 81 Instructional Technology Support Center (ITSC), located within a former elementary school. The ITSC no longer functions as a school but as a support facility for School District staff. Areas south and west of the site are characterized as low -density single-family residential uses, with land to the west being within the incorporated limits of the City of Spokane. While MU allows for a wide variety of uses, the presence of critical areas and physical characteristics of the site limit the scale and intensity of development across the entire property. To further protect the adjacent land uses to the west and south, the proposed map amendment would also change the designation of the southern portion of subject property to SFR. This would limit the scale of potential development and housing densities for this portion of the property to single-family residential uses, which is compatible with existing single-family properties to the west and south. 10. Sewer, water, electricity, and other utilities are available to the site. The property is adjacent to Spokane School District No. 81 ITSC, which is located in a former elementary school but no longer functions as a school. The site is approximately 0.6 of a mile from Frances Scott Elementary School and 0.9 miles from Underhill Park in the City of Spokane and 1.8 miles from Edgecliff Park in the City of Spokane Valley. The impact of this development on the overall parks and recreation would be minimal and within the adopted Level of Service (LOS). Impacts to the Spokane School District would be minimal. In regards the transportation network, 8th Avenue is designated as a minor arterial, the Comprehensive Plan identifies that 8th Avenue will be widened to a 3-lane cross section with curbs, sidewalks, bike lanes, and stormwater facilities. The forecasted LOS for this stretch of 8th Avenue maintains a "D" throughout the planning horizon within the adopted LOS. The impact of potential development under the MU zone would be minimal and within the adopted LOS. It should be noted that Havana Street is designated as a minor arterial according to the City of Spokane. The City of Spokane Valley shall communicate with the City of Spokane on all future development proposals. The parcel is adjacent to Spokane Transit Authority (STA) Route 94, which includes stops along 8th Avenue and provides 30-minute service frequencies along its route between Downtown Spokane and the City of Millwood. Route 94 provides connections with other transit routes at multiple points along its route, thus expanding transit Ordinance 24-008: 2024 Zoning Map Amendments Page 5 of 7 access to the subject site from multiple points across the metropolitan area. The City of Spokane Valley shall communicate with STA to determine impacts to transit service resulting from future development proposals. 11. The proposed amendment will provide a benefit to the neighborhood, City, and region by allowing for non-residential uses that enhance community identity and provide additional economic opportunities. This amendment will also allow property owners to apply innovative development approaches that will blend a mix of uses into the existing natural environment. Any future development proposal would protect critical areas onsite through the City of Spokane ValIey's critical areas ordinance and floodplain regulations, which will ensure onsite development does not create impacts to properties in the immediate vicinity and those areas further afield. Overall, this amendment supports goals and policies within the City's Land Use, Economic Development, and Natural Resources Elements of the Comprehensive Plan. 12. The location of the proposal and the physical attributes of the site are similar to other areas designated MU. Approximately 40-acres of land designated MU is located 0.3 of a mile to the cast at the intersection of 8th Avenue and Carnahan Road. As described in the Comprehensive Plan, developments with the designation MU can be either vertical or horizontally mixed, and would include employment uses such as office, retail, and/or lodging along with higher density residential uses. Furthermore, areas to the north of the site are designated MFR, which also allows for higher density residential development and is compatible with areas zoned MU. The southern portion of the site to be designated SFR is consistent with existing single-family developments surround the site to its west and south. If future development is proposed on the areas to be designated SFR, it would be at a scale and density compatible with the built environment to the west and south. 13. Across the entire city the proposed change would have little impact on population density. 14. The proposal will not have an impact on other aspects of the Comprehensive Plan. 15. The criteria of SVMC 17.80.140(H) are met by the amendment. Council Decision: Change the designation for parcel numbers 35233.9191, 35233.9192, and 352339176, to Mixed Use (MU) and change the designation for parcel numbers 35233.0513, 35233,0709, 35233.0710, 35233.0604, 35233.0605, 35233.0606, 35233,0607, 35233.0608, 35233.0609, and 35233.0505 to Single - Family Residential (SFR). Section 5. Zoninj4 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. S. 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 24-008: 2024 Zoning Map Amendments Page 6 of Section 9. SeverabiUjy. 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 7"' day of May, 2024. A E T: Marci Nfterson, City Cleric Apr ed as t form: ffi o the fly Attorney Date of Publication: 513� 1 Z- Effective Date: U 15 Vq Pam Haley, Mayor Ordinance 24-008: 2024 Zoning Map Amendments Page 7 of 7 W20 s Willamette St N AD S CLIStOl' St LU m 9050T 0 4 6090T CV) Ln Cj IR090,c Ln Z090,c 9090T 9090'E t7o9o,E oti�OLLO'C obolo)