Ordinance 11-010 Amends UDC; Repeals Sprague/Appleway Corridor Subarea Plan f �
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 11-010
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE,
SPECIFICALLY REPEALING THE SPOKANE VALLEY SPRAGUE APPLEWAY CORRIDOR
SUBAREA PLAN ADOPTED BY ORDINANCE 09-021 AND AMENDING THE OFFICIAL
ZONING 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 its development regulations pursuant to RCW
35A.63.100; and
WHEREAS, the City Council of the City of Spokane Valley, (the "City Council"), adopted
Ordinance 09-021 on September 15,2009 amending the Spokane Valley Uniform Development Code(the
"UDC") specifically adopting the Spokane Valley Sprague Appleway Subarea Plan, (the"Subarea Plan");
and
WHEREAS, this amendment is an area-wide amendment to the UDC pursuant to Spokane
Valley Municipal Code (the "SVMC") Section 17.80.140 (H) as part of the annual comprehensive plan
amendment process and is being passed in conjunction with Ordinance No. 11-009.
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, the City adopted Public Participation Guidelines to direct
the public involvement process for adopting and amending comprehensive plans; and
WHEREAS, the 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 its
Comprehensive Plan and Map and UDC and Official Zoning 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 43.21C RCW to determine the potential environmental impacts from the proposed
amendment; and
WHEREAS, after reviewing the Environmental Checklists, staff issued a Determination of Non-
significance (DNS) on February 4, 2011 for the proposed amendment, 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
Ordinance 11-010 Page 1 of5
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 this amendment to the UDC
and Official Zoning Map; 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 conducted a briefing 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 and Map and the UDC and Official Zoning Map. After
hearing public testimony, the Commission made recommendations on this amendment(CPA-03-11); and
WHEREAS, on March 22, 2011, and April 12, 2011 Council reviewed the proposed amendment;
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 amendment.
WHEREAS, this amendment is being considered in conjunction with 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 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
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
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
Ordinance 11-010 Page 2 of 5
f �
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 UDC 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 UDC and Official Zoning 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 Planning 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 09-021 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 amendment 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 the proposed amendments to the UDC and Official Zoning Map.
4. Staff reviewed the environmental checklist and a threshold determination was made for the amendment
request. A Determination of Non-significance(DNS)was issued for the requested amendment on
February 4, 2011.
5. The DNS was published in the City's official newspaper on February 4, 2011 consistent with the City's
Environmental Ordinance.
Ordinance 11-010 Page 3 of 5
l �
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.
11 The UDC and Official Zoning Map 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 Plan 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
g. Uncertainty resulting from the adoption and implementation of the Subarea Plan has negatively
impacted development within the Subarea, stymied economic development and resulted in a
single building permit application since the time the Subarea Plan was adopted; and
Ordinance 11-010 Page 4 of 5
f �
II. 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 Uniform Development Code. The City of Spokane Valley
Uniform Development Code is herby amended as set forth in Exhibit A, attached hereto and by this
reference incorporated herein.
Section 3: Amendment of the Official Zoning Map. The City of Spokane Valley Official
Zoning Map is hereby amended as is set forth in Exhibit B, 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 26"' day of April,2011.
�� f.—l/4111°
Tt omas E. Towey, Mayor
AT-T 9
City Clerk, Christine Bad bridge
Approved As To Form:
Office{ the City A6orney
Date of Publication: i
Effective Date:
Ordnance 1 t-010 Page 5 of 5
Exhibit 6
CPA-03-11 —Associated SVMC Code Text Amendments
List of Text Amendments
Title 19 Zoning Regulations
19.110.020 Spokane Valley Sprague and Appleway Corridors Subarea Plan
19.140.010 Purpose.
Appendices
Appendix D Spokane Valley Sprague and Appleway Corridors Subarea Plan
Title 5 Business Licenses and Regulations
Chapter 5.10 Adult Entertainment Establishments
CPA-03-11 -Associated SVMC Code Text Amendments Page 1
Chapter 19.110
SPECIAL OVERLAY ZONES
Sections:
19.1 10.010 Medical Office Overlay.
,19.1 10.020 Spokane Valley Spfgue-aFt 4ppleway Corrid
19,110,030 Airport Hazard Overlay.
19.110.040 Pipeline Hazard Overlay.
19.1 10,020 $Ielcn . . . . . . .
All land use aaE l e-lep i-app}icat ens-fluted in SVMC 17.80.020 and 19.10.020 for property contained withi e
Spokane-ValleySpFa re-and-Appiew y Coa idoaTSubaRa-Plan-aa hall-be-governe y-Ike-ter 5-514-provia-iews-of
plan wl+ich is incorporated herein by this reference and inalaaded as Appendix D.'this snbmea-plansha so
supersede development-standayds set forth in Chapter 22.54 T Of fi-eet Papleriits and Loadl+ag-s8#andadlsGhala eF
N212-S-VNi two€loop°I)Iolrting-StOttdarr4s;Ghapter-g30-8 -M eneittt;Seteen-ing-or4-L udiea ..a;a..d for 22.110
' t for those regulations thet are spec Fperated by the subarea-plaat {9rd. 09 028
§ 1, 2009; Ord. 09 026 § I, 2009; Ord, 09 021 § 2, 2009; Ord. 09 012 §2,2009;9i d.07-0I5 § 1 2004
CPA-03-11 -Associated SVMC Code Text Amendments Page 2
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Chapter 19.140
ADMINISTRATIVE EXCEPTIONS
Sections:
19.140.010 Purpose
19.140.010 Purpose.
An administrative exception may be considered only for adjustments necessary to correct errors resulting from the
inadvertent and unintentional placement of structures or incorrect identification of lot boundaries in the following
circumstances:
K.The-ee n rleyelepmefit i a a pro ye aim inistrntivie ex-ecoieir544 rinur esign-ettt} ges-#43--tlte-Sprague
ofv3-A-pplewny CoRLiders Srbaa a-Riau-(- rd. 1 0.015 §2,2010; Ord.07 015 § 4,2007).
CPA-03-11 --Associated SVMC Code Text Amendments Page 3
Appendices
Appendix A Definitions
Appendix B Hearing Examiner Scheduling Rules and Rules of Conduct
[Appendix C City Council Hearing Procedures
Aipendlx`z—Sl el im e-Vprl ley-8 p rap c-nit d-A-ppleirGemitters Sid +en-Plrrti
CPA-03-11 -Associated SVMC Code Text Amendments Page 4
r r
��,,��yyyy APPENDI I)
g1`tlK-A + } ! ; + - • r •.' F 15R-17409M 9 SUBAREA PLAN
The- Pe - - • - . {= • • ` . - _ • • e . •' ors Subnren Plan is attached hereto as Exhibit A*;
and by lhis_efe tnettdo erein and co ified-fi ppenilix D to the-Uniform
Pewlop- - • e , - i i. e - i. _ i •
} i i i e A
i } • �} •
Ord. 10- l 3, 2010; Ord. 0 l 1, 2009; Ord. 09 021 § 3, 2009; Ord. 09-
012 § 3, 2009), -
I* Code rcvi3c c'• E thibit-A-k-eii file in the office of the city clerk.
CPA-03-11 -Associated SVMC Code Text Amendments Page 5
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Chapter 5.10
ADULT ENTERTAINMENT ESTABLISHMENTS
Sections:
5.10.040 Applications.
15,1 0.01 0 Applications,
A.Adult Entertairunent Establishment License,
10.The exterior design and/or signs of the adult entertainment establishment must meet the requirements set forth in
SVMC 19,I.I01020,adeptingtl ekfwc Volley S gu nd App]eway Corrkl C orritle.}E-SHbace a Pleniomid Chapter 22.1 1.0
S -h�4C
CPA-0341 —Associated SVMC Code Text Amendments Page 6
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