Ordinance 12-018 Amends Comp Plan CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 12-018
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, AMENDING ORDINANCE 06-010 ADOPTING THE CITY OF
SPOKANE VALLEY COMPREHENSIVE PLAN AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATING THERETO.
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 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, consistent with the GMA, the City of Spokane Valley adopted public
participation guidelines to direct the public involvement process for adopting and amending
comprehensive plans; and
WHEREAS, the Spokane Valley Municipal Code (SVMC) 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 Map 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
WHEREAS, on February 3, 2012, the Washington State Department of Commerce was
notified 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, after reviewing the environmental checklists, staff
issued Determinations of Non-significance (DNS) for the proposals, published the DNS in the
Ordinance 12-018 Comp Plan Amendment Page 1 of 5
Valley News Herald, and where appropriate posted the DNS on the sites and mailed the DNS to
all affected public agencies; 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
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
Ordinance 12-018 Comp Plan Amendment Page 2 of 5
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 Comprehensive
Plan adopted through Ordinance No. 06-010.
Section 2. Findings. 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, 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. On February 8, 2012, 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. On February 8, 2012, Determinations of Non-significance (DNS)were issued for the requested
Comprehensive Plan amendments.
5. On February 8, 2012, the DNS's were published in the City's official newspaper consistent with
the City of Spokane Valley Environmental Ordinance.
6. On February 23, 2012,the Spokane Valley Planning Commission conducted a public hearing 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. 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.
Ordinance 12-018 Comp Plan Amendment Page 3 of 5
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. Comprehensive Plan Amendments. Pursuant to RCW 36.70A.130 the
City of Spokane Valley Comprehensive Plan as adopted through Ordinance No. 06-010, is
hereby amended as set forth in Comprehensive Plan Attachment "A" (map). The
Comprehensive Plan Amendments are generally described as follows:
Map Amendments
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 Residential (HDR) as conditioned by the development agreement
approved by the City Council on July 24, 2012.
Section 5. Copies on File-Administrative Action. The Comprehensive Plan (with
maps) 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 Comprehensive Plan in a manner consistent with this Ordinance.
Section 6. 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 7. 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.
Ordinance 12-018 Comp Plan Amendment Page 4 of 5
Section 8. 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.
Mayor, Thomas E.Towey
ATTEST:
/y1AL:{.606,
City Clerk, Christine Bainbridge
Approved As To Form:Office of e City 7/ 2-/////
ey
Date of Publication: E 12-
Effective Date: t G-
Ordinance 12-018 Comp Plan Amendment Page 5 of 5
Comprehensive Plan Map
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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.
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