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Ordinance 12-019 Amends Comp Plan Zoning Map CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-019 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 12-019 Zoning Map Changes Page 1 of 5 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's February 23, 2012 public hearing was published in the Valley News Herald, was mailed to all property owners within 400 feet of the subject property, and 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-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; 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 May 8, 2012, Council considered a first ordinance reading to adopt the proposed amendments, including CPA-05-12 without a development agreement; and 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 was to be considered separately later. City Council determined that more information would be necessary to ensure an informed decision could be made relating to CPA-05-12; and WHEREAS, on June 12, 2012, Council concurred to proceed to an ordinance first reading on CPA-05-12 without a development agreement; and WHEREAS, on June 26, 2012, Council passed a motion to amend proposed draft Ordinance 12-018 to include a development agreement and advance to a second reading; and Ordinance 12-019 Zoning Map Changes Page 2 of 5 WHEREAS, on July 3, 2012, staff provided an administrative report regarding Comprehensive Plan Amendment CPA-05-12 and the terms of the negotiated development agreement; and WHEREAS, on July 17, 2012, staff provided an administrative report covering the details of the negotiated development agreement; and WHEREAS, on July 24, 2012, Council approved the development agreement associated with CPA-05-12; and WHEREAS, on July 31, 2012, Council considered a second ordinance reading at which time Council approved written findings of fact setting forth their basis for recommending approval of CPA-05-12. 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 matter consistent with the same. Section 2. The City Council acknowledges that the Commission conducted appropriate investigation and study and held a public hearing on the proposed amendments to the Comprehensive Plan. The City Council hereby approves CPA-05-12 to the Comprehensive Plan map as conditioned by the development agreement approved by the City Council on July 24, 2012. The City Council specifically finds that: 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 Ordinance 12-019 Zoning Map Changes Page 3 of 5 8, 2012,the Commission continued deliberations on Comprehensive Plan map amendment CPA- 05-12 and recommended approval subject to a development agreement. 7. The Commission made findings and considered the factors necessary to ensure compliance with SVMC 17.80.140 H. (Comprehensive Plan amendments and area-wide rezones). 8. City Council considered the planning goals of the Growth Management Act (GMA) and finds that amendment CPA-05-12 is consistent with the GMA. 9. City Council considered the goals and policies of the Spokane Valley Comprehensive Plan and finds that amendment CPA-05-12 is consistent with the Comprehensive Plan. 10. The zoning designations of proposed amendment CPA-05-12 are consistent with the current use of the properties. 11. The Comprehensive Plan land use map and text amendments as proposed by the applicant in CPA-05-12 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 Amendment File No. CPA-05-12: Application/Description of Proposal: Privately initiated, site-specific Comprehensive Plan map amendment requesting to change the designation from Medium Density Residential (MDR) with a Medium Density Multifamily Residential (MF-1)zoning classification to High Density Residential(HDR) designation with a High Density Multifamily Residential (MF-2)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) 45133.0109, 45133.0118 and the northern 68 feet of 45133.0846; generally located south of Broadway Avenue west of Conklin Road; further located in the NE 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 45133.0109, 45133.0118 and the northern 68 feet of 45133.0846 to High Density Multifamily Residential (MF-2) as conditioned by the development agreement approved by the City Council on July 24, 2012. 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. Ordinance 12-019 Zoning Map Changes Page 4 of 5 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 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 31st day of July, 2012. M. or, Thomas E. Towey ATTEST: City Clerk, Christine Bainbridge Approved As To Form: _ '.� Office o j he City rorney Date of Publication: B ('- Effective Date: Ordinance 12-019 Zoning Map Changes Page 5 of 5 Zoning Map __, __..„„niiiiiiiiiiiiiim liw. IIIF— II I90 I90 MUC RC = nil III Broadway ,.-.. ..---,,.....>„::.---- :5,..--„,. .- a m!,,,, ,,, Too- -I, „,„1 I „.____ ____, ,..„,...,,, .., ,......_. ; I r'' / CPA-05-12 er . .... MI iii -!: . i °731 MI .11 ■ _ 11,,,, ieliiiirm I. :jai Atil A EP c..) ,■ / 4 ,5, 3�. Val.l.e-_ .a_ IlI . _. x 1. u t V lleywa- 1 1 __, CU It ■ I Nio II _:...._ : III ::::w:: y. 1� Main ; ,:.:: . .... .... .. --- — _ n. 1111... •••••••• . . .....•••••• _. ::::.•.. -.. .. ...: E.: I It— -- Et in ver de-- CPA-05-12 Request: Change the Comprehensive Plan map City of Spokane Valley designation from MDR to HDR; subsequent zoning Community Development Department change from MF-1 to MF-2.