Ordinance 10-008 Amending Zoning Map • •
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 10-008
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, AMENDING THE OFFICIAL ZONING MAP AS ORIGINALLY
ADOPTED BY ORDINANCE 07-015 AND LAST AMENDED BY ORDINANCE 09-040;
AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, the City of Spokane Valley (City) adopted the Uniform Development Code (UDC)
and the Official City Zoning Map pursuant to Ordinance 07-015, on the 25`h day of September, 2007; and
WHEREAS,the UDC and Official City Zoning Map became effective on the 28th day of October,
2007; 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), Citizens, 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, 17.80.140 of the UDC provides that amendment applications shall be received until
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 Maps 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 amendments; and
WHEREAS, after reviewing the Environmental Checklists, staff issued Determinations of
Nonsignificance (DNS) on February 5, 2010 for the proposals, published the DNS in the Valley News
Herald on February 5, 2010, and where appropriate posted the DNS on the sites and mailed the DNS to all
affected public agencies; and
WHEREAS, the Washington State Department of Commerce was notified on January 29, 2010
pursuant to RCW 36.70A.106 providing a 60-day notice of intent to adopt amendments to the Spokane
Valley Comprehensive Plan; and
Ordinance 10-008 Zoning Map Changes Page 1 of 4
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WHEREAS, the Planning Commission conducted a briefing on February 11, 2010, to review the
proposed amendments; and
WHEREAS, on February 5, 2010, notice of the Commission public hearing was published in the
Valley News Herald; and
WHEREAS, on February 5, 2010, notice of the Commission hearing was mailed to all property
owners within 400 feet of the subject property ; and
WHEREAS, on February 5,2010,notice of the hearing was posted on the subject properties; and
WHEREAS,the Commission received evidence, information, public testimony and a staff report
and recommendation at a public hearing on February 25, 2010; and
WHEREAS, the Commission conducted a public hearing on February 25, 2010, to consider
proposed amendments to the Comprehensive Plan Land Use Plan map and Zoning map. After hearing
public testimony, the Commission made recommendations on comprehensive plan map amendments
CPA-01-10 through CPA-03-10; and
WHEREAS, on March 30,2010, Council reviewed the proposed amendments; and
WHEREAS, on April 13, 2010, Council considered a first ordinance reading to adopt the
proposed amendment; and
WHEREAS, on April 27, 2010, Council considered a second ordinance reading at which time
Council approved written findings of fact setting forth their basis for recommending approval of the
proposed amendments.
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. Findings. The City Council acknowledges that the Commission conducted
appropriate investigation and study, held a public hearing on the application and recommends approval of
the amendments to the Zoning Map and text. The City Council hereby adopts the findings of the
Commission, specifically that:
1. Notice for the proposed amendments was placed in the Spokane Valley News Herald on February 5,
2010 and each site was posted with a "Notice of Public Hearing" sign, with a description of the
proposal.
2. Individual notice of the map amendment proposals was mailed to all property owners within 400 feet
of each affected site.
3. Pursuant to the State Environmental Policy Act (SEPA — RCW 43.21C) environmental checklists
were required for each proposed comprehensive plan map and text amendment.
4. Staff reviewed the environmental checklists and a threshold determination was made for each
comprehensive plan amendment request. Determinations of Non-significance (DNS) were issued for
the requested comprehensive plan amendments on February 5,2010.
Ordinance 10-008 Zoning Map Changes Page 2 of 4
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5. The DNS's were published in the city's official newspaper on February 5, 2010 consistent with the
City of Spokane Valley Environmental Ordinance.
6. The Spokane Valley Planning Commission conducted a public hearing on February 25, 2010, to
consider the proposed amendments. After hearing public testimony, the Commission made
recommendations on CPA-01-10 thru CPA-03-10.
7. The planning goals of the Growth Management Act (GMA) were considered and the proposed
amendments are consistent with the GMA.
8. The goals and policies of the Spokane Valley Comprehensive Plan were considered and the proposed
amendments are consistent with the Comprehensive Plan.
9. The proposed zoning designations are consistent with the current use of the properties.
10. Findings were made and factors were considered to ensure compliance with approval criteria
contained in Section 17.80.140 H. (Comprehensive Plan amendments and area-wide rezones) of the
Uniform Development Code(UDC).
11. The Comprehensive Plan Land Use Map and text amendments will not adversely affect the public's
general health, safety, and welfare.
Section 3. Property. The properties subject to this Ordinance are described in Attachment
Section 4. Map Amendments. Pursuant to RCW 35A.63.073, the City of Spokane Valley
Zoning Map as adopted through Ordinance No. 07-015, is hereby amended as set forth in Attachment
"A"(map). The Zoning map amendments are generally described as follows:
Map Amendments
File No. CPA-01-10:
Application/Description of Proposal: Comprehensive Plan Map amendment to change the designation
on parcel 45182.9010 from Low Density Residential to Neighborhood Commercial with a corresponding
zoning change from Single-family Residential District (R-3) to Neighborhood Commercial (NC). This
proposal is considered a non-project action under RCW 43.21C.
Applicant: Bernardo-Wills Architects-Attn: Gary Bernardo
Amendment Location: Parcel 45182.9010; located on the northeast corner of Park Road and Broadway
Avenue; further located in the south half of the northwest quarter of Section 18, Township 25 North,
Range 44 East,Willamette Meridian, Spokane County,Washington.
Council Decision: Change Parcel 45182.9010 to Neighborhood Commercial.
File No. CPA-02-10:
Application/Description of Proposal: City initiated site specific Comprehensive Plan map amendment
on parcels 45114.9009 from Parks/Open Space (P/OS) to Heavy Industrial (HI) with a corresponding
zoning change from Parks/Open Space (P/OS) to Heavy Industrial (I-2). This proposal is considered a
non-project action under RCW 43.21C.
Applicant: City of Spokane Valley
Amendment Location: The proposed site is located on the west side of Sullivan Road, approximately
1600 feet north of Indiana Avenue; further located in the north half of the southeast quarter of Section 11,
Township 25 North,Range 44 East, Willamette Meridian, Spokane County,Washington.
Council Decision: Change Parcel 45114.9009 to Heavy Industrial(HI)
File No. CPA-03-10:
Application/Description of Proposal: City initiated site specific Comprehensive Plan map amendment
on parcel 45013.9104 from Community Commercial (C) to Heavy Industrial (HI) with a corresponding
Ordinance 10-008 Zoning Map Changes Page 3 of 4
• •
zoning change from Community Commercial (C)to Heavy Industrial(I-2). This proposal is considered a
non-project action under RCW 43.21C.
Applicant: City of Spokane Valley
Amendment Location: The proposal is located between Sullivan Road and Industrial Park 1S` in the
Spokane Valley Industrial Park. It is further located in the west half of the southwest quarter of Section
01, Township 25 North,Range 44 East, Willamette Meridian, Spokane County, Washington.
Council Decision: Change Parcel 45013.9104 to Heavy Industrial(III)
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 effect to the Comprehensive Plan the City hereby
amends the Official Zoning Map of the City 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 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 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 27th day of April 2010
r.j71
ATTEig. Mayor,Thomas E.Towey—
City Clerk, Christine Bainbridge P
Approved As To Form:
Office City Attorney ,�1 ,l
Date of Publication: %+ ! 9- o�U/U
Effective Date: 3.--- ). - ,.,2 4/0
Ordinance 10-008 Zoning Map Changes Page 4 of 4
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Attachment A
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