Ordinance 16-007 Comp Plan Zoning Map Amendment CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 16-007
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, AMENDING THE OFFICIAL CITY ZONING MAP AS DESCRIBED IN
CPA-2016-0001; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING
THERETO.
WHEREAS, pursuant to Ordinance No. 07-015, the City of Spokane Valley (City) repealed and
replaced certain titles of the Spokane Valley Municipal Code (SVMC)with Titles 17, 18, 19, 20, 21, and
22 SVMC, which included the "City of Spokane Valley Zoning" map (the Official City Zoning Map) on
September 25,2007; and
WHEREAS,the SVMC amendments adopted pursuant to Ordinance No.07-015,including the Official
City Zoning Map, became effective on October 28, 2007; and
WHEREAS, the Washington State Growth Management Act (GMA) (chapter 36.70A RCW) 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 and Economic Development Director based upon 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 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 the Comprehensive Plan and area-wide rezones;
and
WHEREAS, the SVMC provides that amendment applications for the Comprehensive Plan 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, Ordinance 13-009, Ordinance 14-006, and Ordinance 15-007; and
WHEREAS,the applicant submitted an application to amend the Comprehensive Plan and Official City
Zoning Maps for the purpose of beneficially using the property described in CPA-2016-0001 and herein;
and
WHEREAS, on January 13, 2016,the Spokane Regional Transportation Council (SRTC)was notified
of the City's intent to adopt an amendment to the Comprehensive Plan; and
WHEREAS, on January 14, 2016, the Washington State Department of Commerce (Commerce) was
notified pursuant to RCW 36.70A.106 of the City's intent to adopt an amendment to the Comprehensive
Plan; and
Ordinance 16-007 Zoning Map Change—CPA-2016-0001 Page 1 of 5
WHEREAS, on February 5, 2016, after reviewing the environmental checklist, staff issued a
Determination of Non-Significance(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; and
WHEREAS,on February 5,2016 and February 12,2016,notice of the Commission public hearing was
published in the Valley News Herald; and
WHEREAS,on February 8,2016,notice of the Commission hearing was mailed to all property owners
within 400 feet of the subject property; and
WHEREAS, on February 10, 2016, notice of the Commission hearing was posted on the subject
property; and
WHEREAS, on February 11, 2016,the Commission conducted a study session to review the proposed
amendment; and
WHEREAS, on February 25,2016,the Commission received evidence, information, public testimony,
and a staff report at a public hearing; and
WHEREAS, on February 25, 2016, the Commission voted to forward CPA-2016-0001 to the Council
with a recommendation for approval with written findings of fact setting forth the basis for recommending
approval to Council; and
WHEREAS, on April 5,2016, Council conducted a briefing to review the proposed amendment; and
WHEREAS, on April 26, 2016, Council considered a first ordinance reading to adopt the proposed
amendment; and
WHEREAS, on May 10, 2016, Council considered a second ordinance reading to adopt 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 Official City Zoning Map,
as described in CPA-2016-0001.
Section 2. Findings. The Council acknowledges that the Commission conducted appropriate
investigation and study and held a public hearing on the proposed amendment to the Official City Zoning
Map, and the Council hereby approves the amendment to the Official City Zoning Map. The Council
hereby makes the following findings applicable to the amendment proposed in CPA-2016-0001:
1. The amendment is comprised of seven parcels, all owned by Avista Corporation.
2. Avista owns and operates a Natural Gas Service Center, including equipment and
maintenance storage yard, located west of the proposed amendment area.
3. On January 13,2016,the SRTC was provided notice of the proposed Comprehensive Plan
amendment.
4. On January 14, 2016, Commerce was provided a notice of intent to adopt an amendment
to the Comprehensive Plan.
Ordinance 16-007 Zoning Map Change—CPA-2016-0001 Page 2 of 5
5. Pursuant to the State Environmental Policy Act set forth in chapter 43.21C RCW(SEPA),
an environmental checklist was required for the proposed Comprehensive Plan amendment.
6. Staff reviewed the environmental checklist, and a threshold determination was made for
the proposed Comprehensive Plan amendment.
7. On February 5, 2016 a Determination of Non-Significance (DNS) was issued for the
proposed Comprehensive Plan amendment. The procedural requirements of SEPA and Title 21
SVMC have been fulfilled.
8. On February 5, 2016 and February 12, 2016, notice for the proposed amendment was
published in the Spokane Valley News Herald.
9. On February 8,2016 individual notice of the site-specific map amendment was mailed to
all property owners within 400 feet of the subject sites.
10. On February 10,2016 the subject property was posted with a"Notice of Public Hearing"
sign and a description of the proposal.
11. The procedural requirements in SVMC 17.80.140 for the amendment process, including
public participation, notice, and public hearing requirements have been met.
12. On February 25, 2016,the Commission held a public hearing on CPA-2016-0001.
13. The Commission reviewed the proposed amendment to evaluate the cumulative impacts
consistent with RCW 36.70A.130(2)(b). There were no other proposed amendments requiring
concurrent review pursuant to RCW 36.70A.130(2)(b). The review was consistent with the annual
amendment process outlined in SVMC 17.80.140 and chapter 36.70A RCW (Growth Management
Act).
14. There are no known physical characteristics that would create difficulties in developing
the property under the proposed designation. Development will be evaluated for compliance with all
applicable environmental regulations in effect.
15. There are no known critical areas associated with the site, such as wetlands, fish and
wildlife habitat areas,frequently flooded areas or geologically hazardous areas. The site is not located
within the shoreline jurisdiction and there are no known surface water quality or quantity issues.
Additionally, previously contaminated soils have been removed by the new land owner, Avista, and
homes removed.
16. The properties located west, north and south of the amendment have a Light Industiral
(LI) land use designation in the Comprehensive Plan and a Light Industrial(I-1)zoning designation.
The amendment is adjacent and contiguous to properties of the same or higher zoning classification.
17. The amendment does not introduce a new designation into the neighborhood,but reduces
the immediate conflict between the light industrial and low density residential uses by utilizing a
street right-of-way as a separation between the uses.
18. The site is surrounded to the west and south by storage yards associated with a light
industrial use and a more intense use north at Felts Field Airport. There are existing single family
residences across Elizabeth Road to the east of proposed amendment area.
19. The site-specific amendment is located within the Airport Hazard Overlay(AO)(SVMC
19.110.030). The City's regulations are intended to protect the surrounding community while
preserving the economic vitality of Felts Field Airport. Development may be limited based upon the
Ordinance 16-007 Zoning Map Change—CPA-2016-0001 Page 3 of 5
AO standards related to use, noise and height. The proximity to Felts Field provides benefits for a
non-residential use impacted by noise and restricted residential density.
20. The City addresses the adequacy of community facilities on a citywide basis through
capital facilities planning. A level of service standard is identified for each of the city services. Policy
CFP-9.1 of the Comprehensive Plan recommends a concurrency management system for
transportation, sewer, and water facilities. This is implemented through chapter 22.20 SVMC.
21. The site is located at the intersection of two local access streets (Utah Avenue and
Elizabeth Road)and each lot has direct access to a public street. Transportation concurrency will be
evaluated at the time of development. Sewer is provided by Spokane County Utilities and is available
to the site. The site is located within the Orchard Avenue Irrigation District service area. Based on
the preceding,the proposal meets concurrency requirements.
22. Due to the size of the property,the proposed amendment would not significantly impact
population density and does not require population analysis. Employment would not contribute to an
increase in population density, and removing the site from a residential designation would have a
marginal impact city wide.
23. The proposed amendment is generally consistent with the following chapters of the
Comprehensive Plan: Chapter 2 — Land Use; Chapter 3 — Transportation; Chapter 7 — Economic
Development; and Chapter 10—Neighborhoods.
24. The public health, safety, welfare, and protection of the environment will be served by
the proposed amendment. The change to Light Industrial (I-1) will provide opportunities for high
technology and low-impact industrial similar to those that exist to the north, south and west of the
amendment area. The area is served by Spokane County Division of Utilities for sewer,and Orchard
Avenue Irrigation District for water. Spokane County Fire District No. 1 provides emergency first
responders.
25. The proposed amendment does not respond to a substantial change in conditions beyond
the property owner's control. The proposed amendment does not correct a mapping error.
26. The proposed amendment does not address an identified deficiency in the
Comprehensive Plan.
27. The proposed amendment complies with the approval criteria contained in SVMC
17.80.140H(Comprehensive Plan amendments and area-wide rezones).
28. The Comprehensive Plan land use map amendment bears a substantial relation to the
public health, safety,welfare, and protection of the environment.
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 and RCW 35A.63.100, the
Official City Zoning Map, as originally adopted through Ordinance No. 07-015 and as subsequently
amended, is hereby amended as set forth below and in Attachment "A" (map). The Zoning Map
amendment is generally described as follows:
File No. CPA-2016-0001
Proposal: The application is a privately initiated site-specific Comprehensive Plan Map and Zoning Map
amendment request to change the Comprehensive Plan Land Use Designation from Low Density
Ordinance 16-007 Zoning Map Change—CPA-2016-0001 Page 4 of 5
Residential(LDR)with a Single-family Residential Suburban District(R-2)zoning classification to a Light
Industrial (LI)designation with a Light Industrial (I-1)zoning classification.
Applicant: Avista Corporation; PO Box 3727, MSC-21; Spokane,WA 99220-3727
Amendment Location: Parcel numbers 35121.5501, 35121.5502, 35121.5601, 35121.5602, 35121.5901,
35121.6001, and 35121.5101; located SW of the intersection of Utah Avenue and Elizabeth Road, further
located in the NE 'A of Section 12, Township 25 North, Range 43 East, Willamette Meridian, Spokane
County, Washington.
Council Decision: The request is approved.
Section 5. 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 6. 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 and Economic 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.
Section 7. 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 8. 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 9. 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 10th day of Ma '12016 i
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Approved As To Form:
(1?/ p ,(Office he City Attorney
Date of Publication: 05-20-2016
Effective Date: 05-25-2016
Ordinance 16-007 Zoning Map Change—CPA-2016-0001 Page 5 of 5
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City of Spokane Valley designation from LDR to LI; subsequent zoning
Community Development Department change from R-2 to I-1