Ordinance 04-022 Amends Comprehensive Plan & Maps CPA 03-02 1 +*
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CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 04-422
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON,
A.IVIEN-oL.1NG '1"F comeREBENKKE 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 flan, 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, Interim Development Regulations and i.nterim
Zoning Map f-ialloi.ving 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 t011o ving: the interim Comprehensive Plan, Interim
Comprehensive Plan Map, Interim Development Regulations andfor Interim Zoning Map of the City for the
purpose of beneficially using the property described herein;
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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;
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 Commercial and the zoning to B-2,
Community Business; and
WHEREAS, on October 28, 2003; the City Council passed Ordinance No. 03-089, adopting the
Planning Commission's recommendation; and
WHEREAS, the City of Liberty Lake appealed the amendment to the Eastern Washington Growth
Management Hearings Board (EWGM.H.B), citing a procedural error wherein the City of Spokane Valley
failed to notify the Washington State Office of Community, Trade and Economic 'Development ( TED) at
least 60 days prior to adoption of the amendments per RCW 36.70A.106; and
Ordinance 04-022; CPA 03-02 Page 1 of 3
WHEREAS, the EWGMHB ruled that Spokane Valley must comply with the procedural requirements
of RCW 36.70A.106; and
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 5 to 1 to recommend that City
Council approve the proposed amendment;
NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows:
Section I. Purpose. The purpose of this Ordinance is to amend the Interim City 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-03-02
Location: South side of Appleway Avenue, east of Park Road
Property Description: Parcel No. 45192.9181 and a portion of Parcel No. 45192.9182
Decision: Change property shown on Attachment"A" from Neighborhood Commercial to Community
Commercial
Ordinance 04-022;CPA 03-02 Page 2 of 3
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Section S. Zoning Map/Official Controls. Pursuant to RCW 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. CI'A-03-02
Location: South side of Appleway Avenue,east of Park Road
Property Description: Parcel No. 45192.9181 and a portion of Parcel No. 45192.9182
Decision: Change property shown on Attachment"A" from B-1 to 13-2
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) are 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 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 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 (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 13th day of July, 2004
NIIIV91111k\l
ATTE T / Michael DeVleming, Mayor
Christine Bainbridge, City Clerk -
Approved As T. corm:
--.4411
ry P.Atriskell, Deputy City Attorney
Date of Publication: —Z 3-O 9
Effective Date: 7_7_,P-0 V
Ordinance 04-022;CPA 03-02 Page 3 of 3
Attachment A
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CPA-03-02 Attachment `A'