HomeMy WebLinkAboutOrdinance 13-009 Comp Plan Zoning Map CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 13-009
AN ORDINANCE OF THE CITY 01? SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, AMENDING THE OFFICIAL ZONING MAP AS ORIGINALLY
ADOPTED BY ORDINANCE NO. 07-015 AND AS SUBSEQUENTLY AMENDED; AND
PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, the City of Spokane Valley (City) adopted the Spokane Valley Municipal Code
(SVMC) and the Official City Zoning Map pursuant to Ordinance No. 07-015, on September 25, 2007;
and
WHEREAS, the SVMC and Official City Zoning Map became effective on October 28, 2007;
and
WHEREAS,the Washington State Growth Management Act(GMA) allows comprehensive plans
to be amended annually(RCW 36.70A130); and
WHEREAS, amendments to the City of Spokane Valley Comprehensive Plan (Comprehensive
Plan) may be initiated by the Planning Commission (Commission), the City Council (Council), citizens,
or by the Community Development Director based on citizen requests or when changed conditions
warrant adjustments; and
WHEREAS, the GMA requires comprehensive plans to be implemented with development
regulations, including the zoning of property consistent with land use map designations; and
WHEREAS, zone changes under consideration with the annual Comprehensive Plan amendments
are to be considered as area-wide rezones pursuant to SVMC 17.80.140; and
WHEREAS, consistent with the GMA, City adopted Public Participation Guidelines to direct the
public involvement process for adopting and amending comprehensive plans and area-wide rezones; and
WHEREAS, the SVMC provides that amendment applications shall be received until November
1 of each year; and
WHEREAS, the Official City Zoning Map has been amended by Ordinance 07-027, Ordinance
No. 08-012, Ordinance No. 09-009, Ordinance No. 09-040, Ordinance No. 10-008, Ordinance No. 11-
002, Ordinance No. 11-008, Ordinance 11-010, Ordinance No. 12-015, and Ordinance 12-019; and
WHEREAS, applications were submitted by the applicant, owner or by City staff to amend the
Comprehensive Plan and Zoning Maps for the purpose of beneficially using the property described
herein; and
WHEREAS, following the application to the City, staff conducted an environmental review to
determine the potential environmental impacts from the proposed amendments; and
WHEREAS, on April 19, 2013, after reviewing the environmental checklists, staff issued
Determinations of Non-Significance (DNS) for the proposals, published the DNS in the Valley News
Herald, and where appropriate posted the DNS on the sites and mailed the DNS to all affected public
agencies; and
Ordinance 13-009 Zoning Map Changes Page 1 of 5
WHEREAS, on April 19, 2013, notice of the Commission public hearing was published in the
Valley News Herald;and
WHEREAS, on April 19, 2013, notice of the Commission hearing was mailed to all property
owners within 400 feet of the subject property; and
WHEREAS, on April 19,2013,notice of the hearing was posted on the subject properties; and
WHEREAS, on April 25, 2013, the Commission conducted a briefing to review the proposed
amendments; and
WHEREAS, on May 9, 2013, the Commission received evidence, information, public testimony,
and a staff report and recommendation at a public hearing; and
WHEREAS, on May 9, 2013, the Commission conducted a public hearing to consider proposed
amendments to the Comprehensive Plan. After receiving public testimony, the Commission deliberated
and voted to forward CPA-01-13, CPA-02-13, CPA-03-13, CPA-05-13, CPA-06-13, CPA-07-13, CPA-
08-13, CPA-09-13,and CPA-10-13 to Council with a recommendation for approval; and
WHEREAS, on May 10, 2013, the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106 providing a notice of intent to adopt amendments to the Comprehensive
Plan; and
WHEREAS, on May 21, 2013, Council conducted a briefing to review the proposed amendments.
At the briefing, Council requested that parcel 35242.9012 be removed from CPA-03-13 to adhere to the
property owner's request that his property not be subject to the amendments set forth in CPA-03-13; and
WHEREAS, on June 11, 2013, Council considered a first ordinance reading to adopt the
proposed amendments; and
WHEREAS, on July 9, 2013, Council considered a second ordinance reading at which time
Council approved written findings of fact setting forth the basis for recommending approval of the
proposed amendments.
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 Official Zoning Map,
originally adopted through Ordinance No. 07-015 and as subsequently amended, in order to permit the
property described herein to be used in a manner consistent with the same.
Section 1 Findings. The Council acknowledges that the Commission conducted
appropriate investigation and study and held a public hearing on the proposed amendments to
Comprehensive Plan, and the Council hereby approves the amendments to the Comprehensive Plan map
and text, with a modification to CPA-03-13 to remove parcel 35242.9012 from CPA-03-13. The Council
has read and considered the Commission's findings. The Council hereby makes the following findings:
1. Spokane Valley Municipal Code (SVMC) 17.80.140 provides the framework for the public to
participate throughout the Comprehensive Plan and Official City Zoning Map amendment process,
including notice and public hearing requirements.
Ordinance 13-009 Zoning Map Changes Page 2 of 5
2. On April 19, 2013, notice for the proposed amendments was placed in the Valley News Herald and
each site subject to a site-specific amendment was posted with a "Notice of Public Hearing" sign,
with a description of the proposal.
3. On April 19, 2013, individual notice of the site-specific map amendment proposals were mailed to all
property owners within 400 feet of each affected site.
4. On May 10, 2013,the Washington State Department of Commerce was provided a notice of intent to
adopt amendments to the Comprehensive Plan and Official City Zoning Map.
5. Pursuant to the State Environmental Policy Act set forth in RCW 43.21C (SEPA), environmental
checklists were required for each proposed Comprehensive Plan map and text amendment.
6. Staff reviewed the environmental checklists and a threshold determination was made for each
Comprehensive Plan amendment.
7. On April 19, 2013, Determinations of Non-Significance (DNS) were issued for the requested
Comprehensive Plan amendments.
8. On April 19, 2013, the DNS's were published in the City's official newspaper, the Valley News
Herald, consistent with chapter 21.20 of the Spokane Valley Municipal Code(SVMC).
9. The procedural requirements of SEPA and SVMC Title 21 have been fulfilled.
10. The Commission and Council have reviewed the proposed amendments concurrently to evaluate the
cumulative impacts. The review was consistent with the annual amendment process outlined in
SVMC 17.80.140 and RCW 36.70A.
11. On May 9, 2013, the Commission held a public hearing on each of the Comprehensive Plan
amendments. After receiving public testimony, the Commission deliberated and voted to forward
CPA-01-13, CPA-02-13, and CPA-03-13 to Council with a recommendation for approval.
12. The Commission adopted and incorporated by reference all findings of staff for CPA-01-013, CPA-
02-13 and CPA-03-013. Such findings were included with the Commission's findings presented to
Council. The Council hereby adopts and incorporates by reference all findings of staff for CPA-01-
013, CPA-02-13, and CPA-03-013, as recommended by the Commission; and with the modification
to remove parcel 35242.9012 from CPA-03-13.
13. The proposed amendments to the Comprehensive Plan are consistent with GMA and do not result in
internal inconsistencies within the Comprehensive Plan itself.
14. The site-specific map amendments will provide suitable land use designations consistent with the
City's Comprehensive Plan.
15. The goals and policies of the Comprehensive Plan were considered and the proposed amendments are
consistent with the Comprehensive Plan.
16. Findings were made and factors were considered to ensure compliance with approval criteria
contained in SVMC 17.80.140H(Comprehensive Plan amendments and area-wide rezones).
Ordinance 13-009 Zoning Map Changes Page 3 of 5
17. The Comprehensive Plan land use map amendments will not adversely affect the public's general
health, safety, and welfare,
Section 3. Property. The properties subject to this Ordinance are described in Attachment
Section 4. Map Amendments. Pursuant to RCW 36.70A.130, the City of Spokane Valley
Zoning Map, as originally adopted through Ordinance No. 07-015 and as subsequently amended, is
hereby amended as set forth in Attachment "A" (map). The Zoning Map amendments are generally
described as follows:
Map Amendments
File No. CPA-01-13
Proposal: Site-specific Comprehensive Plan map amendment requesting to change the designation from
Low Density Residential(LDR)with a Single-Family Residential(R-3)zoning classification to an Office
(0)designation with a Garden Office (GO)zoning classification.
Applicant: Arger Co.Real Estate,Inc.,300 N Mullan Road, Spokane Valley, WA 99206.
Amendment Location: West 131 feet of parcel 45143.1328; generally located south of Springfield
Avenue east of Evergreen Road; further located in the NW '/4 of the SW 1/4 of Section 14, Township 25
North,Range 44 East,Willamette Meridian, Spokane County, Washington.
Council Decision: Change the west 131 feet of parcel 45143.1328 to Garden Office (GO).
File No. CPA-02-13
Proposal: Site-specific Comprehensive PIan map amendment requesting to change the designation from
Low Density Residential (LDR) with a Single-Family Residential (R-3) zoning classification to a High
Density Residential (HDR) designation with a High Density Multifamily Residential (MF-2) zoning
classification.
Applicant: Dennis Crapo,2602 North Sullivan Road, Spokane Valley,WA 99216.
Amendment Location: Parcels 55181.2602 and 55181.2604; generally located south of Sharp Avenue
west of Barker Road; further located in the NE 1/4 of the NE '/4 of Section 18, Township 25 North, Range
45 East, Willamette Meridian, Spokane County, Washington.
Council Decision: Change parcels 55181,2602 and 55181.2604 to High Density Multifamily Residential
(MF-2).
File No. CPA-03-13
Proposal: Site-specific Comprehensive Plan map amendment requesting to change the designation from
Office (0) with an Office (0) zoning classification to a Community Commercial (C) designation with a
Community Commercial(C)zoning classification.
Applicant: City of Spokane Valley, 11707 East Sprague Avenue, Suite 106, Spokane Valley, WA
99206.
Amendment Location: Parcels 35231.0603, 35231.9106, 35242.9010, and 35242.9011; generally
located south of Interstate 90 and north of 4th Avenue; further located in Sections 23 &24, Township 25
North,Range 43 East, Willamette Meridian, Spokane County, Washington.
Council Decision: Change parcels 35231.0603, 35231.9106, 35242.9010, and 35242.9011 to
Community Commercial(C),
File No. CPA-04-13: Withdrawn
Ordinance 13-009 Zoning Map Changes Page 4 of 5
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 effect to the Comprehensive Plan, the City hereby
amends the Official City Zoning Map as set forth in Attachment "A".
Section 6. Adoption of Other Laws. To the extent that any provision of the SVMC, 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
SVMC, or other law, rule,or regulation is hereby adopted by reference.
Section 7. Map - Copies on File-Administrative Action. The Zoning Map is 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 Zoning Map in a
manner consistent with this Ordinance.
Section 8. Liability. The express intent of the City 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 days after
publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by
law.
PASSED by the City Council this 9th day of July,2013
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M. o`r,Thoma° E.Towey
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C_/ ■6,Li. BCi t3 Clerk, Christine ad e
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Date of Publication: July 19, 2013
Effective Date: July 24,2013
Ordinance 13-009 Zoning Map Changes Page 5 of 5
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