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Ordinance 12-015 amends comp plan map CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 12-015 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 Spokane Valley Municipal Code (SVMC) and the Official City Zoning Map pursuant to Ordinance 07-015, on September 25, 2007; and WHEREAS, the SVMC and Official City Zoning Map became effective on October 28, 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 SVMC 17.80.140; 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, SVMC 17.80.14 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 12-015 Zoning Map Changes Page 1 of 7 WHEREAS, after reviewing the environmental checklists, staff issued Determinations of Non-significance (DNS) on February 8, 2012 for the proposals, published the DNS in the Valley News Herald on February 8, 2012, 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 3, 2012 pursuant to RCW 36.70A.106 providing a 60-day notice of intent to adopt amendments to the Spokane Valley Comprehensive Plan; and WHEREAS, on February 8, 2012, notice of the Commission public hearing was published in the Valley News Herald; and WHEREAS, on February 8, 2012, notice of the Commission hearing was mailed to all property owners within 400 feet of the subject property ; and WHEREAS, on February 8, 2012, notice of the hearing was posted on the subject properties; and WHEREAS, on February 16, 2012, the Commission conducted a briefing to review the proposed amendments; and WHEREAS, on February 23, 2012, the Commission received evidence, information, public testimony and a staff report and recommendation at a public hearing; and WHEREAS, on February 23, 2012, the Commission conducted a public hearing 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-01-12, CPA-02-12, CPA-03-12, CPA-04-12, CPA-06-12, CPA-07-12, CPA-08-12, CPA-09-12, CPA-10-12, and CPA-I1-12. The Planning Commission voted to continue the deliberations on CPA-05-12 to March 8, 2012 to further discuss public testimony and develop a recommendation for City Council; and WHEREAS, on March 8, 2012, the Commission continued deliberations on Comprehensive Plan map amendment CPA-05-12 and recommended approval subject to a development agreement; and WHEREAS, on April 24, 2012, Council conducted a briefing to review the proposed amendments; and WHEREAS, on May 8, 2012, Council received public testimony, considered the Commission's recommendation, and discussed the merit of a development agreement in association with CPA-05-12. Council discussion identified that the current fencing, screening, and landscaping standards in SVMC 22.70 adequately addressed impacts on adjacent properties. After deliberations, the Council passed a motion to advance the ordinance to a second reading; and Ordinance 12-015 Zoning Map Changes Page 2 of 7 WHEREAS, on May 22, 2012, 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, with the exception of CPA 05-12, which will be considered separately later.. 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(s) and recommends approval of the amendments to the Zoning Map and text. The City Council hereby makes the following findings: 1. On February 8, 2012 the notice for the proposed amendments was placed in the Spokane Valley News Herald 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 8, 2012. 5. The DNS's were published in the city's official newspaper on February 8, 2012 consistent with the City of Spokane Valley Environmental Ordinance, 6. The Spokane Valley Planning Commission conducted a public hearing on February 23, 2012, to consider the proposed amendments. After hearing public testimony, the Commission made recommendations on Comprehensive Plan map amendments CPA-01-12, CPA-02-12, CPA-03- 12, CPA-04-12, CPA-06-12, CPA-07-12, CPA-08-12, CPA-09-12, CPA-10-12, and CPA-11-12. The Planning Commission voted to continue the deliberations on CPA-05-12 to March 8, 2012 to further discuss public testimony and develop a recommendation for City Council, On March 8, 2012,the Commission continued deliberations on Comprehensive Plan map amendment CPA- 05-12 and recommended approval subject to a development agreement. 7. On April 24, 2012, Council conducted a briefing to review the proposed amendments. 8. On May 8, 2012, Council received public testimony, considered the Commission's recommendation, and discussed the merit of a development agreement in association with CPA-05-12. Council found that the current fencing, screening, and landscaping standards in SVMC 22.70 adequately addressed impacts on adjacent properties, and there is good cause to deviate from the Commission's recommendation in regard to CPA-05-12, After deliberations, Council passed a motion to advance the ordinance to a second reading. Ordinance 12-015 Zoning Map Changes Page 3 of 7 9. On May 22, 2012, 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, with the exception of CPA 05-12, which will be considered separately later. 10. The planning goals of the Growth Management Act (GMA) were considered and the proposed amendments are consistent with the GMA as set forth in the staff reports submitted to Council made part of the record herein. 11. The goals and policies of the Spokane Valley Comprehensive Plan were considered and the proposed amendments are consistent with the Comprehensive Plan. 12. The proposed zoning designations are consistent with the current use of the properties. 13. Findings were made and factors were considered to ensure compliance with approval criteria contained in SVMC 17.80.140 H. (Comprehensive Plan amendments and area-wide rezones). 14. 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." 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-01-12: Application/Description of Proposal: Privately initiated, site-specific Comprehensive Plan map amendment requesting to change the designation from Low Density Residential (LDR)with a Single Family Residential District (R-3) zoning classification to High Density Residential (HDR) with a High Density Multifamily Residential(MF-2) zoning classification. This proposal is considered a non-project action under RCW 43.21C. Applicant: Scott and Sarah Creighton, 815 South Marigold, Spokane Valley, WA 99037. Amendment Location: Parcel number(s) 45153.1819, addressed as 12510 & 12512 East Olive Avenue, generally located on the southwest corner of Collins Road and Olive Avenue; further located in the NW V4 of the SW 1A of Section 15, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Council Decision: Change parcel 45153.1819 to High Density Multifamily Residential (MF-2). File No. CPA-02-12: Application/Description of Proposal: Privately initiated, site-specific Comprehensive PIan map amendment requesting to change the designation from Low Density Residential (LDR) with a Single Family Residential District (R-3) zoning classification to Mixed Use Center (MUC) with a Mixed Use Center (MUC)zoning classification. This proposal is considered a non- project action under RCW 43,21C. Applicant: Monty Lewis, 11006 East Sprague Avenue, Spokane Valley, WA 99206. Amendment Location: Parcel number(s) 451.24.0204, addressed as 16913 East Mission Rd, generally located approximately 240 feet west of the intersection of Flora Road and Mission Ordinance 12-015 Zoning Map Changes Page 4 of 7 Avenue; further located in the SE '/ of the SE 1/4 of Section 12, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Council Decision: Change parcel 45124.0204 to Mixed Use Center(MUC). File No. CPA-03-12: Application/Description of Proposal: Privately initiated, site-specific Comprehensive Plan map amendment requesting to change the designation from Office (0) with a Garden Office (GO) zoning classification to Community Commercial (C) designation with a Community Commercial (C)zoning classification. This proposal is considered a non-project action under RCW 43.21C. Applicant: Sonrise Land, LLC, 11219 East Sundown Drive, Spokane Valley, WA 99206. Amendment Location: Parcel number(s) 45133.0213, 45133.0214, & 45133.0215; addressed as 15922 & 16002 East Broadway; generally located on Broadway Avenue east of Moore Road; further located in the NE 1/4 of the SW 1 of Section 13, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Council Decision: Change parcels 45133.0213,45133.0214, &45133.0215 to Community Commercial (C). File No. CPA-04-12: Application/Description of Proposal: Privately initiated, site-specific Comprehensive Plan map amendment requesting to change the designation from Low Density Residential (LDR) with a Single Family Residential District(R-3) zoning classification to Neighborhood Commercial (NC)with a Neighborhood Commercial (NC) zoning classification. This proposal is considered a non-project action under RCW 43.21C. Applicant: Ibrahim Farraj, 805 North Park Road, Spokane Valley, WA 99212. Amendment Location: Parcel number(s) 35131.1141, addressed as 923 North Park Road, generally located on the southwest corner of Park Road and Broadway Avenue; further located in the SE 1A of the NE % of Section 13, Township 25 North, Range 43, East, Willamette Meridian, Spokane County, Washington. Council Decision: Change parcel 35131.1141 to Neighborhood Commercial (NC). File No. CPA-06-12: Application/Description of Proposal: Privately initiated, site-specific Comprehensive Plan map amendment requesting to change the designation from Low Density Residential (LDR) with a Single-Family Residential district(R-3) zoning classification to Office (0) with a Garden Office (GO) zoning classification. This proposal is considered a non-project action under RCW 43.21C. Applicant: Land Use Solutions &Entitlement, 9101 Mt. View Lane, Spokane, WA 99218. Amendment Location: Parcel number(s) 45152.1213, addressed as 1114 North Vercler Road, generally located on the southeast corner of Vercler Road and Boone Avenue; further located in the SE 1A of the NW ! of Section 15, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Council Decision: Change parcel 45152.1213 to Garden Office (GO). Ordinance 12-015 Zoning Map Changes Page 5 of 7 File No. CPA-07-12: Application/Description of Proposal: Privately initiated, site-specific Comprehensive Plan map amendment requesting to change the designation from Office (0) with a Garden Office (GO) zoning classification to Community Commercial (C) designation with a Community Commercial(C) zoning classification. This proposal is considered a non-project action under RCW 43.21C. Applicant: Ronald Steiger, 7917 East Gunning Drive, Spokane, WA 99212. Amendment Location: Parcel number(s)45133.0308, 45133.0311, 45133.0312 and 45133.0427; generally located on Broadway Avenue west of Moore Road and east of Sullivan Road; further located in the NW 1/4 of the SW 1/4 of Section 13, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Council Decision: Change parcels 45133.0308, 45133.0311, 45133.0312 and 45133.0427 to Community Commercial (C). Section 5. Zoning Map/Official Controls. Pursuant to RCW 35A.63.100, for the purpose of regulating the use of Iand 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 S. 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 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 12-015 Zoning Map Changes Page 6 of 7 PASSED by the City Council this 22nd day of M 2012 Mayor, Thom.s E. Towey AT T, - ,414, 4 itl.,4 ),,,,_ ity Clerk, Christine Bainbridg Approved AsJo Form: /--,t '7----3\/(5. 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