Ordinance 04-021 Amends Comprehensive Plan & Maps CPA 03-01 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.04-021
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, AMENDING THE COMPREHENSIVE PLAN AND ZONING MAPS OF THE
CITY AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO.
WHEREAS, the City of Spokane Valley, incorporated on March 31, 2003 and adopted Land Use
plans and regulations as set forth below:
(1) Comprehensive Plan, Capital Facilities Plan, and Maps as the
Interim Comprehensive Plan of the City through Ordinance No. 52;
(2) The Spokane County Zoning Code as supplemented and amended
by the Phase I Development Regulations as the Interim Development
Regulations of the City through Ordinance NO. 53; and
(3) The Spokane County Zoning Maps as the Interim Zoning Maps of
the City through Ordinance No. 54;
WHEREAS, to facilitate and promote reasonable land use in the City it is periodically necessary
to review and amend the interim City Comprehensive Plan, Development Regulations and Zoning Map
following a public process before the Planning Commission and City Council;
WHEREAS, the owner and or applicant of the property described in this Ordinance submitted an
application to the City to modify one or more of the following: the Interim Comprehensive Plan, interim
Comprehensive Plan Map, interim Development Regulations and/or interim Zoning Map of the City for
the purpose of beneficially using the property described herein;
WHEREAS, following the application to the City, staff conducted environmental.review to
determine the potential environmental impacts from the request in the application, made a
recommendation to the Planning Commission concerning the application and;
WHEREAS, the Planning Commission, following notice and a public hearing, received evidence
and information on the application; and
WHEREAS, the Planning Commission made a recommendation to the City Council to change the
Comprehensive Plan designation for the subject property to Community Center and the zoning to 13-2,
Community Business; and
WHEREAS, on October 28, 2003, the City Council passed Ordinance No. 03-088, adopting the
Planning Commission's recommendation; and
WHEREAS, the City of Liberty Lake appealed the amendment to the Eastern Washington
Growth Management Hearings Board(EWGMHB), citing a procedural error wherein the City of Spokane
Valley failed to notify the Washington State Office of Community, Trade and Economic Development
(CTED)at least 60 days prior to adoption of the amendments per RCW 36.70A.106; and
WHEREAS, the EWGMHB ruled that Spokane Valley must comply with the procedural
requirements of RCW 36.70A.106; and
Ordinance 04-021;CPA 03-01 Page 1 of 4
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WHEREAS, notice of the proposed amendments was emailed to CTED on April 8,2004; and
WHEREAS, CTED confirmed receipt of the notice in a letter to the City of Spokane Valley dated
April 8, 2004; and
WHEREAS, the City of Spokane Valley published a notice of the Planning Commission remand
hearing in the Valley News Herald on May 7, 2004; and
WHEREAS, notice of the Planning Commission remand hearing was mailed to property owners
of record within 400 feet of the proposed amendment at least 15 days prior to the hearing; and
WHEREAS, notice of the proposed amendment was posted on the site at least 15 days prior to the
hearing, and
WHEREAS, the Spokane Valley Planning Commission conducted a public hearing on May 27,
2004, to consider the proposed amendments; and
WHEREAS, after hearing public testimony, the Commission voted unanimously to recommend
that City Council approve the proposed amendment;
NOW,TF1EREhORE, 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 City Interim
Comprehensive Plan and Map(s) adopted through Ordinance No. 52 and amend the Interim City Zoning
Map adopted through Ordinance No. 54 in order to permit the property described herein to be used in a
matter consistent with the same.
Section 2. Findings. The City Council acknowledges that the Planning Commission: (1)
conducted appropriate investigation and study; (2) held a public hearing on the Application; and (3)
recommends approval of'the amendments to the interim Comprehensive Plan and Interim Zoning Code
set forth in this Ordinance in a manner which promotes the best interest of the City through appropriate
and reasonable land uses. The City Council further recognizes that the amendments set forth herein
promote the best interests of the City and fulfill the objectives of the Growth Management Act as set forth
in RCW 36.70A,do not cause a significant environmental impact(as mitigated or otherwise)and promote
the reasonable and orderly development of the City.
Section 3. Property. The property which is subject to this Ordinance is described on the
attached Exhibit "A."
Section 4. Comprehensive Plan and Map Amendment. Pursuant to RCW 35A.63.073 the
City of Spokane Valley interim Comprehensive Plan and Map as adopted through Ordinance No. 52 is
hereby amended as set forth on the attached Exhibit "A." The Plan Amendment is generally described as
follows:
File No. CPA-03-01
Location: 8915 East Montgomery
Property Description: Parcel No. 45071.9089 and a portion of 45071.9088
Decision: Change property shown on Attachment "A" from Low Density Residential to Community
Center
Ordinance 04-021;CPA 03-01 Page 2 of 4
Section 5. Zoning Map/Official Controls. Pursuant to RCM/ 35A.63.100, for the purpose of
regulating the use of land and to implement and give affect to the Interim Comprehensive Plan the City
hereby amends the Official Zoning Map of the City as set forth on Exhibit "A." The Zoning Map
Amendment is generally described below.
File No.CPA-03-01
Location: 8915 East Montgomery
Property Description; Parcel No. 45071.9089 and a portion of 45071.9088
Decision: Change property shown on Attachment"A"from UR-7 to B-2
Section 6. Adoption of Other Laws. To the extent that any provision of the Spokane
County Code, or any other law, rule or regulation referenced in the attached Interim Zoning Map(s) is
necessary or convenient to establish the validity, enforceability or interpretation of the Interim Zoning
Map(s), then such provision of the Spokane County Code, or other law, rule or regulation is hereby
adopted by reference.
Section 7. Map - Copies on File-Administrative Action. The Interim Comprehensive Plan
(with Maps) and Interim Zoning Map(s) arc maintained in the office of the City Clerk as well as the City
Department of Community Development. The City Manager or designiee, following adoption of this
Ordinance, is authorized to modify the Interim Comprehensive Plan Map and the Interim 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 arc 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(5)days after
the date of publication of this Ordinance or a summary thereof in the official newspaper of the City.
PASSED by the City Council this 22"6 day of June, 2004
\--C-4 Ill.'
A P Ee Michael DeVleming, Ma '•r
Christine Bainbridge, City Clerk
Approved As o Form:
C ry 1'fJDriskell, putt'Ciw Attorney
Date of Publication: a- 0t'
Effective Date: - '7ry .
Ordinance 04-02 i;CPA 03-01 Page 3 of 9
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Comprehensive Plan Amendment .r„�Cil:atte
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CPA-03-01 Attachment `A'