Loading...
Ordinance 04-025 Amends Comprehensive Plan & Maps CPA 03-05 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 04-025 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASH NGTON, AMENDING THE COMPREHENSIVE PLAN AND ZONING MAPS OF THE CITY AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO. WI-t.EREAS, 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 Codc 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 southern portion of the subject property to Medium Density Residential and the zoning to UR-12, with no change to the northern portion of the parcel; and WHEREAS, on October 28, 2003, the City Council passed Ordinance No. 03-092, 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 04-4)25;CPA-03-05 Page 1 of 4 WHEREAS, notice of the proposed amendments was cmailed to CTED on April 8, 2004; and WHEREAS, CTED confniied receipt of the notice in a letter to the City of Spokane Valley dated April 8, 2004; and \VT-IER.EAS, 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,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 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 RC\V 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-03-05 Location: West of Pines Road between Broadway and Cataldo Avenue Property Descri tion: The south portion of Parcel No.45161.1170, as shown on Attachment"A." Decision: Change property shown on Attachment "A" from Low Density Residential to Medium Density Residential Ordinance 04-025;CPA-03-05 Page 2 of 4 • Section 5. Zoning Map/Official Controls. Pursuant to R.CW 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-03-05 Location: West of Pines Road between Broadway and Cataldo Avenue Property Description: The south portion of Parcel No.45161.1 170, as shown on Attachment"A." Decision: Change property shown on Attachment:"A" from UR-3.5 to UR-12 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 t=ile-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 22' day of June, 2004 • / if 1r � `off. AT- S" : Michae DeVleming, • Christine Bainbridge, City Clerk Approved As o Form: ry P. riskell, Ity City Attorney Date of Publication: 0 --) -d Effective Date: - 'j-Or Ordinance 04-025;CPA-03-05 Page 3 of 4 Vicinity Map I "Irmo 7Eu-um — iv NA MINN gm 11111111X111 11111.11 lag 11 Eno Ili Nu poismiliala 0111111i 11,1111111 'Ka. II August 15,2003 Comprehensive Plan Amendment 410 CPA-03-05 I iFeEt "%ley CPA-03-05 Attachment 'A' 7 .