Ordinance 11-009 Repeals Sprague/Appleway Subarea Plan CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 11-009
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING THE SPOKANE VALLEY COMPREHENSIVE PLAN BY
REPEALING THE SPOKANE VALLEY SPRAGUE APPLEWAY SUBAREA PLAN ADOPTED
BY COUNCIL BY ORDINANCE NO. 09-022 AND AMENDING THE COMPREHENSIVE PLAN
MAP.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY,
Spokane County, Washington, as follows:
WHEREAS, the City of Spokane Valley, (the "City") is a noncharter code city organized under
the laws of Title 35A RCW; and
WHEREAS, the City has the authority to amend the City of Spokane Valley Comprehensive
Plan,(The"Comprehensive Plan") pursuant to RCW 36.70A.130; and
WHEREAS, through Spokane Valley Ordinance 06-010, the City of Spokane Valley adopted
Land Use plans as set forth in the Comprehensive Plan, Capital Facilities Plan, and Maps as the
Comprehensive Plan of the City of Spokane Valley; and
WHEREAS, the City Council of the City of Spokane Valley, (the "City Council"), adopted
Ordinance 09-022 on September 15, 2009 amending the Comprehensive Plan and adopting the Spokane
Valley Sprague Appleway Subarea Plan, (the"Subarea Plan"); 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 Washington's Growth Management Act (the "GMA") requires comprehensive
plans to be implemented with development regulations, including the zoning of property consistent with
land use map designations; and
WHEREAS, consistent with the GMA, City adopted Public Participation Guidelines to direct the
public involvement process for adopting and amending its Comprehensive Plans; and
WHEREAS, the Uniform Development Code (UDC) provides that amendment applications shall
be received until November 1 of each year; and
WHEREAS, application for CPA-03-11 was submitted by the City staff to amend the
Comprehensive Plan and Map for the purpose of beneficially using the property described herein; and
WHEREAS, following the application to the City, staff conducted an environmental review
pursuant to chapter 43.21 C RCW to determine the potential environmental impacts from the proposed
amendment; and
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WHEREAS, after reviewing the Environmental Checklists, staff issued a Determination of Non-
significance (DNS) on February 4, 2011 for the proposal, 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 Map; and
WHEREAS, the Commission conducted a briefing on February 10, 2011, to review the proposed
amendment; and
WHEREAS, on February 4, 2011, notice of the Planning Commission (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, staff conducted a briefing for the Commission on February 10, 2011, to review the
proposed amendment; 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 and Map. After hearing public
testimony, the Commission made recommendations on this Comprehensive Plan and Map amendment
CPA-03-11; and
WHEREAS, on March 22, 2011, and April 12, 2011 Council reviewed the proposed
amendments; and
WHEREAS, on April 19, 2011, Council considered a first ordinance reading to adopt the
proposed amendment; and
WHEREAS, on April 26, 2011, Council considered a second ordinance reading at which time
Council approved the findings set forth below setting forth their basis for recommending approval of the
proposed amendments; and
WHEREAS, this amendment is being considered in conjunction with the all of the amendments
submitted as part of the annual amendments to the Comprehensive Plan and are considered pursuant to
RCW 36.70A.130 and SVMC 17.80.140(H); and
WHEREAS, at the time the Subarea Plan was approved, the City intended to make significant
investments in the City Center area designated on that plan through the purchase of property on which it
would construct and operate a new City Hall as well as construct improvements to streets and streetscapes
adjacent to the new City Hall; and
WHEREAS, the plan for the development of the City Center property also included the
construction of a Library within its boundaries by the Spokane County Library District; and
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I �
WHEREAS, the voters of the City rejected a bond proposal to construct a library within the City
Center property; and
WHEREAS, The City no longer has plans for the purchase of property within the Subarea plan
or for the construction of a public facility; and
WHEREAS, the Subarea and subsequent development regulations did not allow a number of
specific uses in certain zones, imposed design standards on all zones, required future roads to be
constructed, and imposed certain setback, signage and parking standards separate and distinct from those
imposed on the remainder of the City; and
WHEREAS, the City Council conducted a series of public meetings on May 5, 2010, June 24,
2010, July 22, 2010, August 19, 2010 and September 30, 2010 and held council meetings on May 4, 11
and 18, 2010; June 8 and 15, 2010; July 6, 13 and 20, 2010; August 10 and 17, 2010; September 14 and
28, 2010 and October 19, 2010, identifying community concerns with the restrictions on use, design and
construction imposed by the Subarea Plan; and
WHEREAS, the City Council implemented specific changes to the Development Code to
address those concerns until such time as the entire Subarea Plan could be reviewed as part of the annual
amendment process identified above adopting Ordinance No.'s 10-015, 10-016, 10-017,and 10-018; and
WHEREAS, the City removed the restrictions contained in the City Center designation in the
Comprehensive Plan and Map as well as the Zoning Plan and Map pursuant to Ordinance No.'s 11-001
and 11-002 on January 25,2011; and
WHEREAS, the City has been made aware of potential development that could occur within the
Subarea Plan that currently is precluded by the current designations; and
WHEREAS, a number of uses, buildings and signs have been made non-conforming by the
adoption of the Subarea Plan and development regulations implementing the same; and
WHEREAS, testimony before the City Council and Commission has demonstrated both the
economic hardships and the desire to remove the current limitations as is set forth in the Findings of Fact
below; and
WHEREAS, the issues and factors concerning the creation of the Subarea designation has been
the subject of three years of study and analysis, and public meetings and testimony, specifically as set
forth in Ordinance 09-022 and in additional public hearings and meetings identified in the Findings of
Fact below; and
WHEREAS, the Planning Commission recommendations fail to take into account some or all of
the specific factors set forth in the findings of fact below.
NOW,THEREFORE, IT IS FURTHER ORDAINED AS FOLLOWS:
THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT:
1. Notice for the proposed amendment 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 proposal was mailed to all property owners within 400 feet of
each affected site.
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3. Pursuant to the State Environmental Policy Act(SEPA—RCW 43.21C)environmental checklists were
required for the proposed comprehensive plan map and text amendment.
4. Staff reviewed the environmental checklist and a threshold determination was made for the
comprehensive plan amendment request. A Determination of Non-significance (DNS)was issued for the
requested comprehensive plan amendment on February 4, 2011.
5. The DNS was published in the City's official newspaper on February 4,2011 consistent with the City
Environmental Ordinance.
6. The Spokane Valley Planning Commission conducted a public hearing on February 24,2011,to consider
the proposed amendment. After hearing public testimony, the Commission made recommendations on
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
UDC.
1 I. The Comprehensive Plan Land Use Map and text amendments will not adversely affect the public's
general health,safety, and welfare.
12. The City has provided notice and engaged in a public process to ensure citizen participation pursuant
to RCW 36.70A.035, RCW 36.70A.130 and RCW 36.70A.140, providing the public an opportunity
to be heard on the dates set forth in the findings and recitals above. The notice provided and meetings
identified constitute early and continuous public participation in the consideration of this proposed
amendment to the comprehensive plan and map.
13. The City Council does not accept the Findings of the Planning Commission for the reasons set forth
in these Findings of Fact as well as the following:
a. At the time the Subarea Plan was approved, the City of Spokane Valley intended to make
significant investments in the City Center area designated on that plan through the purchase of
property on which it would construct and operate a new City Hall as well as construct
improvements to streets and streetscapes adjacent to the new City Hall; and
b. The plan for the development of the City Center property also included the construction of a
Library within its boundaries; and
c. The voters of the City rejected a bond proposal by the Spokane County Library District to
construct a library within the City Center property; and
d. The City no longer has plans for the purchase of property within the Subarea plan or for the
construction of a public facility; and
e. Economic conditions in Spokane Valley, the State of Washington and the Country as a whole
have changed significantly since the Subarea Plan was adopted and the Subarea Plan is not longer
realistic or feasible in the current economic circumstances; and
f. The Subarea and subsequent development regulations did not allow a number of specific uses in
certain zones, imposed design standards on all zones, required future roads to be constructed, and
imposed certain setback, signage and parking standards separate and distinct from those imposed
on the remainder of the City and those restrictions and the lack of flexibility found in the Subarea
Plan have increased the cost of development and has had a negative impact on economic
development and had a negative impact on employment and job creation; and
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g. Uncertainty resulting from the adoption and implementation of the Subarea Plan has negatively
impacted development within the Subarea Plan, stymied economic development and resulted in a
single building permit application since the time the Subarea Plan was adopted; and
h. The City has been made aware of potential development that could occur within the Subarea that
currently is precluded by the current designations; and
i. A number of uses, buildings and signs have been made non-conforming by the adoption of the
Subarea Plan and development regulations implementing the same; and
j. Testimony before the City Council and Planning Commission has demonstrated both the
economic hardships and the desire to remove the current limitations from both citizens and
property owners within the Subarea.
Section 2: Amendment of the Spokane Valley Comprehensive Plan. The Comprehensive
Plan is hereby amended by repealing Exhibit A: Sprague and Appleway Corridors Subarea Plan, Book I:
Community Intent, as adopted by Exhibit A of Ordinance 09-022.
Section 3: Amendment of the Spokane Valley Comprehensive Plan Map. The Comprehensive
Plan Map is hereby amended as is set forth in Exhibit A, attached hereto and by this reference
incorporated herein.
Section 4: Severability. If any section, sentence, clause or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or lack of
constitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of
this ordinance.
Section 5: 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 26th day of April, 2011.
Thomas E. Towey, Mayor '
•
City Clerl, Christine'.ainbridge -
Approved As To Form:
,AQ1.
Office of le City A ney
Date of Publication:
Effective Date: //
Ordinance 11-009, repeal ofSARP Page 5 of 5
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