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Home My WebLink AboutOrdinance 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 • • 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 • • 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 • • Attachment A • Exhibit 2: Zoning Map S '''W.444' 1 •_ _-7777__-7777_•---- — __ 77.-77- ---_ -===R=4= ==-: t _—==--c� -_-_— _7777 -- • R 3-. --- -------- -- Cataldo Cataldo . 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MF-2 c ss, O = n n .— N %j miss,,,, ,ti _ irillilli IF Shag. ■ u tet, E29/ I00 e' O !90 I9p )0- I1 IN i r I. '�■issitn �� Opp E29I = z\I?70 E29•l.p 2gI OFF. II 1 ¢ oFF aft4 - I 'IA 3 10 R-3 _.- �lfs's/an, ". � a ' /-97) /96 . . . CPA-02-10 Request: Change the Comprehensive Plan map I City of Spokane Valley designation from P/OS to HI;subsequent zoning Community Development Department change from P/OS to 1-2. I 0 Exhibit 2: Zoning Map • IIIIII R n R-3 M \ \ I c h 1- - -- -- h I Rich •I ! : LIIPLP Trent \ `t` ��` nt_ = B On *:§'k a`'Trent Tre B-Oti �. 7 ICC 1'fJ IgewzG J6.. oaa'hil�G.1 � �. �3�i1 F'��A N e a tifl:dl�L•� M M II 3 ra Ft; n CPA-03-10 3 n 5aftoti:11 R&D us p q ....:.,:: ref, ::.;: :, 0.7,.., r t Q h li ll.9S^.f!i'AiuLL:l A.SPii L9 e a maa'al Sef9b 5 Q Eu ltd Eucl • - M ydam149 alwtissw ` Euclt. I • Sjy N ?1(7(V .M^ 1 C�'4 CPA-03-10 Request: Change the Comprehensive Plan map City of Spokane Valley designation from CC to HI; subsequent zoning Community Development Department change from C to I-2. i