Ordinance 11-008 Amending Zoning Map CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 11-008
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 (City) adopted the Uniform Development Code
(UDC) and the Official City Zoning Map pursuant to Ordinance 07-015, on the 25th 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
Ordinance 11-008 Zoning Map Changes Page 1 of 5
i
WHEREAS, after reviewing the Environmental Checklists, staff issued Determinations
of Nonsignificance (DNS) on February 4, 2011 for the proposals, published the DNS in the
Valley News Herald on February 4, 2011, 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 February 4,
2011 pursuant to RCW 36.70A.106 providing a 60-day notice of intent to adopt amendments to
the Spokane Valley Comprehensive Plan; and
WHEREAS, the Commission conducted a briefing on February 10, 2011, to review the
proposed amendments; and
WHEREAS, on February 4, 2011, notice of the Commission public hearing was
published in the Valley News Herald; and
WHEREAS, on February 4, 2011, notice of the Commission hearing was mailed to all
property owners within 400 feet of the subject property ; and
WHEREAS, on February 4, 2011, 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 24, 2011; and
WHEREAS,the Commission conducted a public hearing on February 24, 2011, 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-01-11 through CPA-03-11; and
WHEREAS, on March 22, 2011, Council reviewed the proposed amendments; and
WHEREAS, on April 12, 2011, Council requested that CPA-02-11 be removed for one
month to have staff work on a development agreement to minimize the impacts of the proposed
development; and
WHERAS, on April 12, 2011, Council requested that CPA-03-11 be processed through
Ordinance 11-009 and Ordinance 11-010; and
WHEREAS, CPA-02-11 and CPA-03-11 are being considered in conjunction with the
annual 2011 Comprehensive Plan Amendments pursuant to RCW 36.70A.130; and
WHEREAS, on April 19, 2011, Council considered a first ordinance reading to adopt the
proposed amendment; and
Ordinance 11-008 Zoning Map Changes Page 2 of 5
[ f
WHEREAS, on April 26, 2011, 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 4, 2011 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 4, 2011.
5. The DNS's were published in the city's official newspaper on February 4, 2011 consistent with
the City of Spokane Valley Environmental Ordinance.
6. The Spokane Valley Planning Commission conducted a public hearing on February 24, 2011, to
consider the proposed amendments. After hearing public testimony, the Commission made
recommendations on CPA-01-11 thru CPA-03-11
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 "A."
Ordinance 11-008 Zoning Map Changes Page 3 of 5
Section 4. Map Amendments. Pursuant to RCW 36.70A.130, 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-01-11:
Application/Description of Proposal: Privately initiated, site specific comprehensive plan map
amendment to change the designation on parcels 45231.0109, 45231.0210, 45231.0211,45231.0212,
45231.0213, 45231.0214, 45231.0216, 45231.0218, 45231.0224, 45231.0226, 45231.0114 and
45231.0215 from Mixed Use Avenue (MUA) to Neighborhood Center(NCT) with a corresponding
zoning change from Mixed Use Avenue (MUA) to Neighborhood Center(NCT). This proposal is
considered a non-project action under RCW 43.21C. This amendment will not be necessary if CPA-
03-I1, removal of the Subarea Plan, is approved
Applicant: Dwight Hume; 9101 North Mt. View Lane; Spokane, WA 99218
Amendment Location: The proposed site is located on the southeast corner of Progress Road and
Sprague Avenue; further located in the northeast quarter of the northeast quarter of Section 23, Township
25 North, Range 44 East, Willamette Meridian, Spokane County, Washington.
Council Decision: To be determined
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 Zoning Map 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.
Ordinance 11-008 zoning Map Changes Page 4 of 5
PASSED by the City Council this 26`11 day of April, 2011
I. .
Mayor, Thomas E. Towey do
ATT
-- ii -2(..L.4/1;f>'City Clerk, Christine Bainbridge ...2
B
Approved As To Form:
Office o'the City A orney ;
Date of Publication: —6'
Effective Date: o —7/--7,
Ordinance 1]-008 Zoning Map Changes Page 5 of 5
I
Zoning Map
• i; N
U
' O
1 zs..\......7N.._ _2.
—I
CPA-01-11
• -'s _.,_,...... 1 / / F r : _7 ..„,,,._ ,.., . _ _ .
• / ''<
/A /.
.. , ■//. V /V
.,., A, AA ..../ .../:,. .. . . .. /j
1. 1st
, i
_ ....."A .. ..1 4 l'i°61 .' ....1/e .. ...1..4"_..eA: ...to; -..4. —0 r a 1
'
i
j2nd i _ 2nd
2nd
V n
,,,- ]II
CPA-0141 Request: Change the Comprehensive Plan map
City of Spokane Valley designation from MUA to NCT; subsequent zoning
Community Development Department change from MUA to NCT.
Zoning Map
Ar
A A/*: '■_•_■_ A 111
1st
_00,,N>> >>.
„.00.A •-• ••
2nd
gh
CPA-01-11 Request: Change the Comprehensive Plan map
City of Spokane Valley designation from MUA to NCT; subsequent zoning
Community Development Department change from MUA to NCT.
mor