Ordinance 05-003 Amends Interim Zoning Map CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.05-003
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON,
AMENDING THE INTERIM ZONING MAP OF THE CITY FOR PROPERTY LOCATED NORTH
OF MISSION AVENUE, SOUTH AND EAST OF THE SPOKANE RIVER AND WEST OF BARKER
ROAD FROM UR-7* TO UR-3.5, 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 Interim Spokane Valley Zoning Code includes a process where property owners
may initiate an areawide rezone by petition;
WHEREAS, at least 51% of property owners within the subject area must sign the petition to
initiate the rezone;
WHEREAS, on July 1, 2004, the City of Spokane Valley received a sufficient petition to initiate
an areawide rezone for the north Greenacres neighborhood;
WHEREAS, consistent with the Washington State Growth Management Act (GMA), Spokane
•
Valley adopted Public Participation Guidelines to direct the public involvement process for adopting and
amending comprehensive plans and development regulations;
WHEREAS, following the application to the City, staff conducted an environmental review to
determine the potential environmental impacts from proposed zone change;
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 (Commission) conducted a briefing on August 12, 2004,
to review the proposed rezone;
WHEREAS, notice of the Commission public hearing was published in the Valley News Herald
at least 14 days prior to the hearing;
Ordinance 05-003;Creenacres Area-wide Rezone RU-17-04 Page I of 4
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 and a staff recommendation at a
public hearing on September 23,2004;
WHEREAS, the Commission continued deliberations to October 14, 2004, requesting that staff
prepare a map showing vested developments and properties of individuals requesting to be excluded from
the rezone;
WHEREAS, on October 14, 2004, after considering the entire record, the Commission voted 3-3
on a motion to recommend approval of the requested areawide rezone;
WHEREAS, on November 18, 2004, the Commission reconsidered the motion to approve the
areawide rezone and voted 4-3 to recommend approval of the rezone request for the property depicted in
Attachment A;
WHEREAS, Council reviewed the request at their November 30, 2004 meeting and requested
that staff prepare information specific to the status of certain development projects in the area, specifically
requesting information on roads and sewer; and
WHEREAS, on December 14, 2004, Council reviewed information provided by staff, considered
the first ordinance reading, and tabled a motion to approve the rezone; and
WHEREAS, on December 21, 2004, Council remanded the rezone back to the Commission for
their written findings of fact and recommendation; and
WHEREAS,on January 13, 2005, the Commission approved written findings of fact, setting forth
their basis for recommending approval of the proposed amendment; and
NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows:
Section 1. Pumose. The purpose of this Ordinance is to 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 Zoning Map set forth in this Ordinance. The City Council hereby adopts the
findings of the Commission, specifically that:
I. Spokane Valley conducted an appropriate environmental review and all SEPA requirements were
met.
2. Spokane Valley followed its Public Participation Guidelines in processing the proposed rezone,
including adequate public notice of the Commission hearing.
3. The goals and policies of the Interim Spokane Valley Comprehensive Plan were considered and the
proposed rezone is consistent with the interim Comprehensive Plan.
4. The proposed UR-3.5 zone is consistent with surrounding zoning, particularly south of Mission
Avenue.
Ordinance 05-003;Greenacres Area-wide Rezone REZ-17-04 Page 2 of 4
5. The interim Spokane Valley Comprehensive Plan designates the area as Low Density Residential.
The Phase 1 Development regulations specifies both UR-3.5 and UR-7* as implementing zones. The,
Phase I Regulations do not provide any criteria to help determine which Low Density Residential
areas should be zoned UR-3.5 or UR-7*.
6. Significant testimony in support of the proposed rezone was expressed at the hearings. Testimony
included concern about the adequacy of roads, parks, schools and environmental impacts. Lowering
the allowed density will lessen the potential impacts from new development.
7. Property owners may request a site specific rezone back to UR-7* via the Hearing Examiner process.
8. The zone change will not adversely affect the public's general health, safety and welfare.
Section 3. Pronerty. The property which is subject to this Ordinance is described on the
attached Attachment "A".
Section 4. Area wide Rezone. Pursuant to Chapter 14.402 of the Interim Spokane Valley
Zoning Code, as adopted through Ordinance No. 53, the City of Spokane Valley interim Zoning Map is
hereby amended as set forth on the attached Attachment "A". The rezone is generally described as
follows:
REZ-17-04
Location: That area located north of Mission Avenue,south and east of the Spokane River and west of
Barker Road,currently zoned UR-7*.
Decision: Change property shown on Attachment"A" from UR-7" to UR-3.5
Section 5. 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 6. Map - Copies on File-Administrative Action. The Comprehensive Plan (with
Maps) and Zoning Maps)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 7. 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 8. Sevcrabili r. 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 9. 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.
Ordinance 05-003;Greenacres Area-wide Rezone RL'Z-17-0 t Page 3 of 4
6
PASSED by the City Council this 25th day of January,201
()-L ).\)■) .6\AL
Mayor, Diana Wilhite
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City Clerk,Christine Bainbridge _--
ep Aoved A ' - •
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Deputy 0 ,Attorney,a Driskell
Date of Publication: a-- -QS
Effective Date: d- - 9,Q.5—
Ordinance 05-003;Greenacres Area-wide Rezone 12E2-17-04 Page 4 of 4
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August,2004 Valley
REZ-17-04 Attachment `A'
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,� SPOKANE VALLEY T'LANNENG COMMISSION
SfU1ne FINDINGS OF FACT
��alley GREENACRES AREA WIDE REZONE
REZ-17-04
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 Interim Spokane Valley Zoning Code includes a process where
property owners may initiate an areawide rezone by petition;
WHEREAS, at least 51%of property owners within the subject area must sign the
petition to initiate the rezone;
WHEREAS, on July 1, 2004, the City of Spokane Valley received a sufficient
petition to initiate an areawide rezone for the north Greenacres neighborhood;
WFIEREA.S, consistent with the Washington State Growth Management Act
(GMA), Spokane Valley adopted Public Participation Guidelines to direct the public
involvement process for adopting and amending comprehensive plans and development
regulations;
WHEREAS, following the application to the City, staff conducted an
environmental review to determine the potential environmental impacts from proposed
zone change;
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 rezone;
Planning Commission Findings
Greenacres Areawide Rezone Page 1 of 3
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 and a staff
recommendation at a public hearing on September 23, 2004;
RrHEREAS, the Commission continued deliberations to October 14, 2004,
requesting that staff prepare .a map showing vested developments and properties of
individuals requesting to be excluded from the rezone;
WHEREAS, on October 14, 2004, after considering the entire record, the
Planning Commission voted 3-3 on a motion to recommend approval of the requested
areawide rezone;
WHEREAS, on November 18, 2004, the Planning Commission reconsidered the
motion to approve the areawide rezone and voted 4-3 to recommend approval of the
rezone request for the property depicted in Attachment A;
NOW, THEREFORE, the Planning Commission makes the following:
FINDINGS 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 rezone, including adequate public notice of the Planning Commission
hearing.
3. The Commission considered the goals and policies of the Interim Spokane Valley
Comprehensive Plan and the proposed rezone is consistent with the Interim
Comprehensive Plan.
4. The proposed UR-3.5 zone is consistent with surrounding zoning, particularly south
of Mission Avenue.
5. The Interim Spokane Valley Comprehensive Plan designates the area as Low Density
Residential. The Phase 1 Development regulations specifies both UR-3.5 and UR-7*
as implementing zones. The Phase I Regulations do not provide any criteria to help
determine which Low Density Residential areas should be zoned UR-3.5 or UR-7*.
Planning Commission Findings
Greenacres Areawide Rezone Page 2 of 3
6. The Commission heard significant testimony in support of the proposed rezone.
Testimony included concern about the adequacy of roads, parks, schools and
environmental impacts. Lowering the allowed density will lessen the potential
impacts from new development.
7. Property owners may request a site specific rezone back to UR-7* via the Hearing
Examiner process.
8. The zone change 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 rezone from UR-7* to UR-3.5 for the property depicted in Attachment A.
�• 1%.A C
David Crosby, Chair Date
. Spokane Valley Planning Commission
Planning Commission Findings
Greenacres Areawide Rezone Page 3 of 3
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