Ordinance 05-007 Amends Interim Comprehensive Plan CPA 05-04 •
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 05-007
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON,
AMENDING THE INTERIM COMPREHENSIVE PLAN OF THE CiTY FOR PROPERLY LOCATED
ON THE NORTH SIDE OF VALLEYWAY AVENUE, APPROXIMATELY 150 FEET EAST OF
SULLIVAN ROAD; SPECIFICALLY LOCATED IN THE SW 'A OF SECTION 13, TOWNSHIP 25
NORTH, RANGE 44 EWM FROM LOW DENSITY RESIDENTIAL TO REGIONAL COMMERCIAL
AND AMENDING THE ZONING MAPS FOR THE SAME PARCELS FROM UR-22 TO i3-2, 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;
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 1e 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 05-007;CPA-05-04 Page 1 of 5
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 Comprehensive
Plan and Map(s) adopted through Ordinance No. 52 and amend the interim 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 SEPA
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.
Ordinance 05-007:CPA-05-04 Page 2 of 5
5. The proposed land use and zoning designations are consistent with land uses along Sullivan Road and
its intersection with Valleyway Avenue.
6. The Commission does not recommend extending commercial designations further east from the
subject property in the future.
7. 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
follows:
File No. CPA-05-04
Location: North side of Valleyway Avenue, approximately 150 feet east of Sullivan Road; specifically
located in the SW 1/4 of Section 13, Township 25 North,Range 44 EWM.
Property Description: Parcel No.45133.0524 and 45133.0540
Decision: Change property shown on Attachment"A" from Low Density Residential to Regional
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-05-04
Location: North side of Valleyway Avenue, approximately 150 feet east of Sullivan Road; specifically
located in the SWV '/4 of Section 13,Township 25 North, Range 44 EWM.
Property Description: Parcel No. 45133.0524 and 45133.0540
Decision: Change property shown on Attachment"A"from UR-22 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 Maps) 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.
Ordinance 05-007:CPA-05-04 Page 3 of 5
•
Section 9. Severabili . 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 JO. Effective Date. This Ordinance shall be in full force and effect five(5)clays 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 25`h day of January, 2005
OkiXAVetAKCI-Kti-
Mayor, Diana Wilhite
AT, S'
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City Clerk,Christine ainbridge
Ap i .ved As .
Deputy C y! Attorney ro►%riskell
Date of Publication: _ —
Effective Date:
Ordinance 05-007:CPA-05-04 Page 4 of 5
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CPA-05-04 Attachment `A'
SPOKANE VAI..LEY PLANNING COMMISSION
Sökane FIiNI)i GS OF FACT AND RECOMMENDATION
Walley COMPREHENSIVE PLAN AMENDMENT
CPA-05-04
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;
WHEREAS, the Washington State Growth Management Act (GMA) allows
comprehensive plans to be amended annually (RCW 36.70A130);
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 l" 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-05-04 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, 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;
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 Valley 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;
WHEREAS, 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 Comprehensive Plan Land Use Map
Amendment and 'Zoning Map Change for the property depicted in Attachment A;•
NOW, THEREFORE, the Planning Commission makes the following:
nisi-DINGS OF FACT AND CONCLUSIONS
1. 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 GMA.
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-05-04 Page 2 of 3
5. The proposed land use and zoning designations are consistent with land uses along
Sullivan Road and its intersection with Valleyway Avenue.
6. The Commission does not recommend extending commercial designations further
east from the subject property in the future.
7. 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 Regional Commercial and the Zoning Map amendment from UR-
22 to 13-2 for the property depicted in Attachment A.
_ , - I ZS -0s
David Crosby, Chair Date
Spokane Valley Planning Commission
Planning Commission Findings
CPA-05-04 Page 3 of 3
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CPA-05-04 Attachment `A'