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Ordinance 05-004 Amends Interim Comprehensive Plan CPA 01-04 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 05-004 AN ORDINANCE OF THE CiTY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING THE INTERIM COMPREHENSIVE PLAN OF THE CITY FOR PROPERTY LOCATED ON THE SOUTH SIDE OF DiSHMAN-MICA ROAD, WEST OF iTS INTERSECTION WiTH I3OWDISH ROAD FROM LOW DENSITY RESIDENTIAL TO COMMUNITY COMMERCIAL AND AMENDING THE ZONING MAPS FOR THE SAME PARCELS FROM UR-3.5 AND B-3 TO B-2, 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, the Washington State Growth Management Act(GMA)allows comprehensive plans to be amended annually(RCW 36.70A 130); WHEREAS, amendments to the interim Spokane Valley Comprehensive Plan may be initiated by the Planning Commission (Commission), the City Council (Council) or by the Community Development Director based on citizen requests or when changed conditions warrant adjustments; WiIEREAS, the GMA requires comprehensive plans to be implemented with development regulations, including the zoning of property consistent with land use map designations; WHEREAS, consistent with the GMA, Spokane Valley adopted Public Participation Guidelines to direct the public involvement process for adopting and amending comprehensive plans; WHEREAS, the Comprehensive Plan provides that amendment applications shall be received until July 151 of each year; WHEREAS, the owner and or applicant of the property described in these Findings submitted an application to the City to amend the Comprehensive Plan and Zoning Maps for the purpose of beneficially using the property described herein; WHEREAS, following the application to the City, staff conducted an environmental review to determine the potential environmental impacts from the proposed amendment; WHEREAS, after reviewing the Environmental Checklist submitted by the Applicant, staff issued a Determination of Nonsignificance (DNS) for the proposal, published the DNS in the Valley News Herald, posted the DNS on the site and mailed the DNS to all affected public agencies; Ordinance 05-004;CPA-01-04 Page 1 of 4 WHEREAS, the Commission conducted a briefing on August 12, 2004, to review the proposed amendment; WHEREAS, notice of the Commission public hearing was published in the Valley News Herald at least 14 days prior to the hearing; WHEREAS, notice of the Commission hearing was mailed to all property owners within 400 feet of the subject.property; WHEREAS, notice of the hearing was posted on the subject property; WHEREAS, the Commission received evidence, information, public testimony and a staff report and recommendation at a public hearing on September 23,2004; WHEREAS, after considering the entire record, the Commission voted 6-0 to recommend approval of the requested Comprehensive Plan Land Use Map Amendment and Zoning Map Change for the property depicted in Attachment A; WHEREAS, on November 30,2004, Council reviewed the proposed amendment; WHEREAS, on December 14, 2004, Council considered a first ordinance reading to adopt the proposed amendment; WHEREAS, on December 21, 2004, Council considered a second ordinance reading at which time Council remanded the issue back to the Commission for their written findings of fact and recommendation; WHEREAS, on January 13, 2005, the Commission approved written findings of fact setting forth their basis for recommending approval of 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 Commission conducted appropriate investigation and study, held a public hearing on the application and recommends approval of the amendment to the Comprehensive Plan and Zoning maps. The City Council hereby adopts the findings of the Commission, specifically that: 1. Spokane Valley conducted an appropriate environmental review was conducted and all SETA requirements were met. 2. Spokane Valley followed its Public Participation Guidelines in processing the proposed amendment, including adequate public notice of public hearings on the matter. 3. The planning goals of the Growth Management Act (GMA) were considered and the proposed amendment is consistent with the GMA. 4. The goals and policies of the Interim Spokane Valley Comprehensive Plan were considered and the proposed amendment is consistent with the Interim Comprehensive Plan. 5. The proposed land use and zoning designations are consistent with surrounding land uses. Ordinance 05-004;CPA-01-04 Page 2 of 4 6. The subject property is not suitable for residential development due to its location between a railroad and a busy arterial road. 7. The Phase I Development Regulations list the proposed B-2 zone as an implementing zone for the Community Commercial land use category. 8. The Comprehensive Plan Land Use Map and Zoning Map amendment will not adversely affect the public's general health, safety and welfare. Section 3. Property. The property which is subject to this Ordinance is described on the attached Attachment "A". Section 4. Comprehensive Plan and Map Amendment. Pursuant to RCW 35A.63.073 the City of Spokane Valley Comprehensive Plan and Map as adopted through Ordinance No. 52 is hereby amended as set forth on the attached Attachment "A". The Plan Amendment is generally described as fol lows: File No. CPA-01-04 Location: South side of Dishman-Mica Road, west of its intersection with Bowdish Rd. Property Description: Parcel No. 45333.9024 and 9155 Decision: Change property shown on Attachment "A"from Low Density Residential to Community Commercial 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 affect to the Comprehensive Plan the City hereby amends the Official Zoning Map of the City as set forth on Attachment "A". The Zoning Map Amendment is generally described below. File No. CPA-01-04 Location: South side of Dishman-Mica Road, west of its intersection with Bowdish Rd. Property Description: Parcel No. 45333.9024 and 9155 Decision: Change property shown on Attachment"A" from UR-3.5 and B-3 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 Zoning Map(s) is necessary or convenient to establish the validity, enforceability or interpretation of the 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 Comprehensive Plan (with Maps)and 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 Comprehensive Plan Map and 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 Ordinance 05-004;CPA-0 I-04 Page 3 of4 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 25th day ofJanuary,2005 (,)jakiccz, Mayor, Diana Wilhite ATi; ,(;\ City Clerk, Christine Bainbridge A oved A• —o Form: Depu 'City Atto ' Driskell Date of Publication: 7 —Q5" Effective Date: ,Q Ordinance 05-004;CPA-01-04 Page 4 of 4 Vicinity Map 1141111.1FIri lilliairan a ii 11!_alillin in v --N,___ - ..iiimmummli...4 --- ---1 Es ing : nu - Illr .; % Site 1 IIII 1 r-- 111111 * *44*. w 111111.11 #111 4. ■Ing i NN, '■ 'N , 1 '. - 1111"ftl ----------e— 4 N Comprehensive Poan Amendment ._I _ CPA-01-04 �/i�e` CPA-01-04 Attachment 'A' SPOKANE VALLEY PLANNING COMMISSION Is S pokane FINDINGS OF FACT AND RECOMMENDATION • 0ti7alley COM MEN ENSIYE PLAN AMENDMENT CPA-01-04 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; \ r1-IER.EAS, the Washington State Growth Management Act (GMA) allows comprehensive plans to be amended annually (RCW 36.70A 130); WHEREAS, amendments to the Interim Spokane Valley Comprehensive Plan may be initiated by the Planning Commission, the City Council or by the Community Development Director based on citizen requests or when changed conditions warrant adjustments; WHEREAS, the GMA requires comprehensive plans to be implemented with development regulations, including the zoning of property consistent with land use map designations; WHEREAS, consistent with the GMA, Spokane Valley adopted Public Participation Guidelines to direct the public involvement process for adopting and amending comprehensive plans; WHEREAS, the Comprehensive Plan provides that amendment applications shall be received until July 1'`of each year; WHEREAS, the owner and or applicant of the property described in these Findings submitted an application to the City to amend the Comprehensive Plan and Zoning Maps for the purpose of beneficially using the property described herein; Planning Commission Findings CPA-01-04 Page 1 of 3 • WHEREAS, following the application to the City, staff conducted an environmental review to determine the potential environmental impacts from the proposed amendment; WHEREAS, after reviewing the Environmental Checklist submitted by the Applicant, star(` issued a Determination of Nonsignificance (DNS) for the proposal, published the DNS in the Valley News Herald, posted the DNS on the site and mailed the DNS to all affected public agencies; WHEREAS, the Planning Commission conducted a briefing on August 12, 2004, to review the proposed amendment; WHEREAS, notice of the Planning Commission public hearing was published in the Va]ley News Herald at least 14 days prior to the hearing; WHEREAS, notice of the Planning Commission hearing was mailed to all property owners within 400 feet of the subject property; WH ERE.A . notice of the hearing was posted on the subject property; WHEREAS, the Planning Commission received evidence, information, public testimony and a staff report and recommendation at a public hearing on September 23, • • 2004; WHEREAS, after considering the entire record, the Planning Commission voted 6-0 to recommend approval of the requested Comprehensi ve Plan Land Use Map Amendment and Zoning Map Change for the property depicted in Attachment A; NOW, THEREFORE, the Planning Commission makes the following: FINDINGS OF' FACT AND CONCLUSIONS I. Community Development staff conducted an appropriate environmental review, and all SEPA requirements were met. 2. Spokane Valley followed its Public Participation Guidelines in processing the proposed amendment, including adequate public notice of the Planning Commission hearing. 3. The Commission considered the planning goals of the Growth Management Act (GMA), and the proposed amendment is consistent with the OMA. 4. The Commission considered the goals and policies of the Interim Spokane Valley Comprehensive Plan, and the proposed amendment is consistent with the Interim Comprehensive Plan. Planning Commission Findings CPA-0l -04 Page 2 of 3 • • 5. The proposed land use and zoning designations are consistent with surrounding land uses. 6. The subject property is not suitable for residential development due to its location between a railroad and a busy arterial road. 7. The Phase 1 Development Regulations list the proposed B-2 zone as an implementing zone for the Community Commercial land use category. • 8. The Comprehensive Plan Land Use Map and Zoning Map amendment will not adversely affect the public's general health, safety and welfare. RECOMMENDATION Based on the stated Findings and Conclusions, the Planning Commission recommends approval of the proposed Comprehensive Plan Land Use Map amendment from Low Density Residential to Community Commercial and Zoning Map amendment from UR- 3.5 and B-3 to B-2, for the property depicted in Attachment A. r ( . LAr, l-Z s-o� David Crosby, Chair Date Spokane Valley Planning Commission • Planning Commission Findings CPA-01-04 Page 3 of 3 Vicinr ity Map "INN :,.,. !Mai INN inn= 11 \-- 1111 111111 Illj 1.5 ,) Illi V 16, III 1111101 NI II� 1 __AI iii\ \ L L ii NN Site - \ 11111 NN \ Mill 1111 ill t a ji E 11A ■ 4 am 11111 ,--- ? ,_ MILI /4 _ me - ,,,,,,,,,„ � rs NB mTh-,--+--r-7 11 , a,, „,,,, , N Comprehensive Plan Amendment , CPA-01-04 Spot an'e� August, 2004 Val ley CPA-01-04 Attachment `A'