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Ordinance 14-006 Comp Plan Zoning Map CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 14-006 AN ORDINANCE OF THE CITY OF 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, the 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. 09-006, 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, Ordinance 12-019; and Ordinance 13-009; 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, staff conducted an environmental review to determine the potential environmental impacts from the proposed amendments; and WHEREAS, on February 7, 2014, after reviewing the environmental checklists, staff issued a Determination of Non-Significance (DNS) for the proposals, published the DNS in the Valley News Ordinance 14-006 Zoning Map Changes Page 1 of 8 Herald, and where appropriate posted the DNS on the sites and mailed the DNS to all affected public agencies; and WHEREAS, on February 7, 2014, notice of the Commission public hearing was published in the Valley News Herald; and WHEREAS, on February 7, 2014 and February 11, 2014, notice of the Commission hearing was mailed to all property owners within 400 feet of the subject properties; and WHEREAS, on February 12, 2014, notice of the Commission hearing had been posted on all the subject properties; and WHEREAS, on February 13, 2014, the Commission conducted a study session to review the proposed amendments; and WHEREAS, on February 27, 2014, the Commission received evidence, information, public testimony, and a staff report and recommendation at a public hearing; and WHEREAS, on February 27, 2014, the Commission conducted a public hearing to consider proposed amendments to the Comprehensive Plan and continued the public hearing to March 13, 2014. After receiving additional public testimony on March 13, 2014, the Commission deliberated and voted to forward CPA-01-14 and CPA-03-14 to Council with a recommendation for denial; and CPA-04-14, CPA- 05-14, CPA-06-14, CPA-07-14, CPA-08-14, and CPA-10-14 to Council with a recommendation for approval. CPA-02-14 was forwarded to Council without a recommendation as the Commission vote ended in a tie; and WHEREAS, CPA-09-14 was withdrawn because it was not considered during the Comprehensive Plan Amendment 2014 cycle due to a delayed adoption date of the Parks Master Plan,and it will be added to the 2015 docket prior to the November 1 deadline; and WHEREAS, on March 20, 2014, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106 of the City's intent to adopt amendments to the Comprehensive Plan; and WHEREAS, on April 15, 2014, Council conducted a briefing to review the proposed amendments; and WHEREAS, on April 15, 2014, notice of the Council public hearing was posted on all the subject properties; and WHEREAS, on April 20, 2014, notice of the Council public hearing was mailed to all property owners within 400 feet of the subject properties; and WHEREAS, on May 6, 2014, the Council conducted a public hearing to consider proposed amendments to the Comprehensive Plan; and WHEREAS, on May 13, 2014, the Council discussed the proposed amendments to the Comprehensive Plan; and WHEREAS, on May 20, 2014, the Council voted on separate motions on whether to place CPA- 01-14, CPA-02-14, CPA-03-14, CPA-04-14, CPA-05-14, CPA-06-14, CPA-7-14, CPA-08-14, CPA-10- 14 in an ordinance for approval; and Ordinance 14-006 Zoning Map Changes Page 2 of 8 WHEREAS, on May 27 2014, Council considered a first ordinance reading to adopt the proposed amendments; and WHEREAS, on June 10, 2014, 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 2. Findings. The Council acknowledges that the Commission conducted appropriate investigation and study and held a public hearing on the proposed amendments to the Comprehensive Plan, and the Council hereby approves the amendments to the Comprehensive Plan map and text, with the exception that the motions to approve CPA-01-14 and CPA-03-14 failed and are therefore denied, The Council has read and considered the Commission's findings. Council findings specific to each proposed amendment, if any, are contained in Section 4 below. The Council hereby makes the following general findings applicable to all proposed amendments: 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. 2, Pursuant to the State Environmental Policy Act set forth in RCW 43.21C (SEPA), environmental checklists were required for each proposed Comprehensive Plan map amendment. 3. Staff reviewed the environmental checklists and a threshold determination was made for each Comprehensive Plan amendment. 4. On February 7, 2014, Determinations of Non-Significance (DNS) were issued for the requested Comprehensive Plan amendments. 5. On February 7, 2014, 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). 6. The procedural requirements of SEPA and SVMC Title 21 have been fulfilled. 7. On February 7, 2014, notice for the proposed amendments was placed in the Valley News Herald. 8. On February 11, 2014, individual notice of the site-specific map amendment proposals were, or had been previously,mailed to all property owners within 400 feet of each affected site. 9. On February 12, 2014 each site subject to a site-specific amendment was, or had been previously, posted with a"Notice of Public Hearing"sign,with a description of the proposal. 10. On March 20, 2014, the Washington State Department of Commerce was provided a notice of intent to adopt amendments to the Comprehensive Plan and Official City Zoning Map. Ordinance 14-006 Zoning Map Changes Page 3 of 8 11. 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 chapter 36.70A RCW. 12. On February 27, 2014, 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-01-14 and CPA-03-14 to Council with a recommendation for denial. CPA-02-14 was forwarded to Council without a recommendation as the Planning Commission vote ended in a tie. 13. The Commission adopted findings for CPA-01-14 through CPA-03-14. Such findings were presented to Council. Specific findings for CPA-01-14, CPA-02-14 and CPA-03-14 are contained in Section 4, below. 14. The proposed amendments to the Comprehensive Plan, with the exception of CPA-01-14 and. CPA- 03-14, are consistent with GMA and do not result in internal inconsistencies within the Comprehensive Plan itself. 15. The goals and policies of the Comprehensive Plan were considered and the proposed amendments, except CPA-01-14 and CPA-03-14 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). 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 "A" (map). 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-01-14: Proposal: Site-specific Comprehensive Plan map amendment requesting to change the designation from Parks/Open Space (P/OS) with a Parks/Open Space (P/OS) zoning classification to a Mixed Use Center (MUC) designation with a Mixed Use Center(MUC)zoning classification. Applicant: City of Spokane Valley Community Development Department, 11707 East Sprague Ave, Suite 106, Spokane Valley, WA 99206. Amendment Location: Parcel 45101.9068; generally located 800 feet east of Pinecroft Way and Mirabeau Parkway on the east side of Mirabeau Parkway as it bends to the south and east; further located in the NE 1/a of Section 10, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington, Council Findings: 1, The public health, safety, welfare, and protection of the enviromnent are not served by the proposed amendment. The area is located adjacent to the Centennial Trail, is identified as Urban Natural Open Space in the City's Priority Habitat Map,and a portion lies within the Shoreline area. State Parks and Ordinance 14-006 Zoning Map Changes Page 4 of 8 Recreation has stated its preference that the parcel remain Parks/Open Space. Development impacts on this open space area would not serve the public. 2. The proposed amendment is not consistent with GMA Chapter 36.70A,Planning Goal 9 which seeks to retain open space, enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water,and develop parks and recreation facilities. 3. The proposed amendment does not respond to a substantial change in conditions beyond the property owner's control. Developinent has occurred in the surrounding areas as anticipated by the Comprehensive Plan, and allowed by the Zoning Code. 4 The amendment does not correct a mapping error. 5. The amendment does not address an identified deficiency in the Comprehensive Plan. 6. Pursuant to SVMC Title 21 (Environmental Controls),the City determined that the proposed amendment would not have a probable significant adverse impact on the environment. However,the area has been identified in the City Priority Habitat Species Map as Urban Natural Open Space. The Comprehensive Plan states urban landscaping,parks, and open spaces supplement natural areas in providing habitat for a wide variety of wildlife. Future development in the MUC zone would permit a building height of 60 feet, which would have visual and aesthetic impacts to and from Mirabeau Meadows Park, Centennial Trail and the Spokane River. 7. Development requirements would mitigate significant impacts. However the park and trail would experience increased traffic and noise impacts from new development. Commercial development would not be generally consistent with the surrounding parks, open space and natural area uses. 8. A portion of the site lies within the shoreline area and is subject to the Shoreline Master Plan. The amendment area also lies within 200 feet of the Spokane River and riparian habitat. Buffers and development standards would minimize the impacts,but visual impacts on the Spokane River would be inevitable 9. The proposed amendment is not consistent with, and may negatively affect,the following chapters of the Comprehensive Plan: Chapter 8 -Natural Environment,Chapter 9—Parks,Recreation and Arts, and Chapter 11 —Bike and Pedestrian Element. Council Decision: The request is denied. File No. CPA-02-14: Proposal: Site-specific Comprehensive Plan map amendment requesting to change the designation from Low Density Residential(LDR) with a Single-Family Residential Suburban(R-2) zoning classification to a Corridor Mixed Use(CMU)designation with a Corridor Mixed Use(CMU)zoning classification. Applicant: Spokane County Regional Animal Protection Services, 2521 North Flora Rd, Spokane Valley, WA 99216. Amendment Location: Parcel 35124.0813; generally located 500 feet north of the intersection of Trent Avenue and Bradley Road; further located in the SE'A of Section 12, Township 25 North,Range 43 East, Willamette Meridian, Spokane County,Washington. Council Findings: 1. The public health, safety, welfare, and protection of the environment may be served by the proposed amendment. The applicant, Spokane Regional Animal Protection Services (SCRAPS) is a necessary community facility and is located on the property adjacent to and south of the proposed amendment property. Expansion of the SCRAPS facility would serve the larger metropolitan community. 2. Impacts to the residential uses already occur from the light industrial and commercial uses located west and south of the residences. Twenty-foot setbacks and Type 1 screening would be required for any development on the amendment site. 3. Due to the surrounding land uses,the site is no longer suitable for single family development, allowed by current zoning. 4. The proposed amendment to the Comprehensive Plan is consistent with Growth Management Act (GMA)Chapter 36.70A. Specifically the following planning goals: Ordinance 14-006 Zoning Map Changes Page 5 of 8 a. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses,recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities. SCRAPS is a regional facility that may enhance the local economy by drawing people to the area who may patronize local businesses. b. Each city that is required or chooses to plan under GMA shall perform its activities and make capital budget decisions in conformity with its comprehensive plan. The City has a contract with SCRAPS to provide animal control, and the SCRAPS facility should be viewed as a regional capital facility. c. Cities required to plan under GMA shall ensure amendments to their comprehensive plans provide sufficient capacity of land suitable for development within their jurisdictions. This shall include the accommodation of medical, governmental, educational, institutional, commercial, and industrial facilities related to growth. 6. The proposal would allow SCRAPS to expand its facility into the subject property. SCRAPS stated an intention to exercise animals in the area and allow prospective new pet owners to walk and play with dogs in the area. Development requirements would mitigate the impacts to some extent. SVMC 19.60.080(B)(6)prohibits animal shelters in the CMU zone from having outside runs, requires human supervision of all outdoor activities, that they be located along an arterial street, and that they meet the noise standards for commercial noise. In addition, the requirements contained in SVMC Title 22 must be met. Those requirements include Type 1 screening and 20 foot setbacks for any building on the site. Type 1 screening consists of a six-foot sight obscuring fence with a five-foot wide landscaped area vegetated with sight-obscuring bushes to create a dense sight-obscuring barrier of two-to-three feet in height, selected to reach six feet in height at maturity. 7. The amendment would be compatible with commercial and light industrial uses located south and west of the site. The SCRAPS facility is located south of the site. A manufacturing use with associated outside storage is located west of the site. A single-family residence lies directly adjacent to the site along the northern boundary. Several single-family residences lie across Bradley Road from the site. Development requirements would mitigate impacts to the single family uses. 8. Trent Avenue is the primary four lane arterial road serving the site. Development would have a minimal impact on public facilities such as transportation,water, and sewer. 9. The proposed amendment would not increase population densities and does not require population analysis. Council Decision: Change parcel 35124.0813 to Corridor Mixed Use(CMU) File No. CPA-03-14: 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 a High Density Residential (HDR) designation with a High Density Multifamily Residential (MF2) zoning classification. Applicant: Whipple Consulting Engineers Inc., 2528 North Sullivan Road, Spokane Valley, WA 99216. Amendment Location: 4 North Barker Road - Parcel #55173.1005 generally located at the NE intersection of Barker Road and Sprague Ave.; further located in the SE 'A of Section 17, Township 25 North,Range 45 East,Willamette Meridian, Spokane County,Washington. Council Findings: 1. The proposed amendment is detrimental to the public health, safety, welfare, and protection of the environment since it would increase density within an area of the Central Valley School District that has reached overcapacity. Neighborhood schools are over capacity and students are bussed out of the neighborhood. Ordinance 14-006 Zoning Map Changes Page 6 of 8 2. The proposed amendment to the Comprehensive Plan is consistent with Chapter 36,70A RCW. 3. The proposed amendment would allow construction of a multi-family development immediately adjacent to the intersection of two minor arterial streets and a collector which has experienced an increase of traffic as a result of significant growth in the area. However, the increase in traffic does not warrant the need for a transitional use to be constructed between the street and the existing single family development to act as a buffer. 4. The proposed amendment does not correct a mapping error. 5. The proposed amendment does address the identified deficiency of vacant HDR-designated large lots. However, expanding the HDR designation would allow for multi-story apartments in an area currently developed with one and two family residences,many of which are on large lots. 6. Pursuant to SVMC Title 21 (Environmental Controls),the City as the lead agency has determined that the proposed amendment would not have a probable significant adverse impact on the environment. 7. The proposed amendment is a non-project amendment and would not affect open space, streams, rivers, and lakes. 8. The proposed amendment is contiguous to single family development on all four sides with the exception of a church located on the southwest corner of the intersection. If granted, the amendment would create an island of LDR land. Development of two and three-story buildings would be inconsistent with the single family character of the area. 9. Future development of the site may impact traffic in the area beyond that which would be generated by the current land uses allowed, The intersection currently experiences delays and is designated to be improved by 2019. Commercial services and public transportation services are approximately 1,000 feet to the north, which may be beyond the desired walking distance to reach services and inconsistent with the intent of the designation criteria to place high density residential near services. 10. The proposed amendment would increase the amount of available HDR lands within the City, but the location is not conducive to multifamily development since the nearest commercial services and. public transit stop is approximately 1,000 feet to the north. 11. The proposal is not consistent with the residential character of the neighborhood and the impacts of multifamily development cannot be mitigated by the bulk standards in the SVMC. 12. The proposed amendment would increase population densities in the area and would increase the density from six dwelling units per acre up to 22 dwelling units per acre. A population analysis was not done to determine area impacts. 13. The proposed amendment is inconsistent with the intent of the HDR land use designation, which is to act as a buffer between residential uses and higher intensity land uses such as commercial or office uses. The higher volume roadway does not warrant a buffer between the existing residential uses. Council Decision: The request is denied. 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, including correcting scrivener's errors. Ordinance 14-006 Zoning Map Changes Page 7 of 8 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 le day of June, 2014. Mayor, Dean Grafos AT <S o, City Clerk, Christine Bainbridge A proved A To Form: k, Office the ity Attorney Date of Publication: June 20, 2014 Effective Date: June 25,2014 Ordinance 14-006 Zoning Map Changes Page 8 of 8 ATTACHMENT A Zoning Map ` - .'-,,„.-- .,''''.'''''--,,,,. .,,,'''' ,,,''''''''-% ,...,,.,,,,.,,,,,,,,,,,,.N.,,..,,,, ,%444 ,,.'-''s''.'''' 'N .:.N, '' '''',, ,,, ,.,.,,,,_ .••,„..'' ''''-'-''''"'''.'....,,.,.,,,.,,,..,....,,,„,,,, '- `--1,,.,,„,-%'` ,l':''',.,...,.,..,,,,.,,s,s,,„..,.,..,.,.,, ----'''''.-'-..s,, 11 ;' ct Tce I"3 1 F-- 6J. ~ n tl Amendment Site 66‘ ST O:ICA:NV;A,L-L•E I' , ,,, ,:*.: ,,, ,,,f- ' '-i:, 4. -T: I , -, ..,-,-k.„.b.- ,, - -. CTI Lr:---=----..."----------„, _, '' Ts'Ns4.*% ' ,„,.„ ,,„. '-- „,.. ,,, , ''' ,,.,, ., .,: i, ,,,, ,_ ._ - -,,---_,-----;,------- -- " ,, ' -.,„ . . .,,'" '4 _,,,---______- ----------'''' k- -,,,_-'''''' - ,, :". ---„----, ,,,,, lr ,,„ CPA-02-14 Request: Applicant: Nancy Hill, Director, Spokane County Regional Change the Comprehensive Plan Land Use Map designation from Animal Protections Services Low Density Residential, LDR to Corridor Mixed Use, CMU, Parcel#: 35124.0813 and Address: 2117 N Bradley Avenue Subsequent Zoning change from R-3, Single Family Residential to CMU, Corridor Mixed Use.