Ordinance 06-020 Amending SVMC 10.30 - Comp Plan Amendment Procedures CITY O:F SPOKAT'E VALLEY
SPUKr1.NE CUUNTY, WASHINGTON
ORDINANCE ~'o. Oh-020
AN ORDINAi\`CE OF TNF, CITY OF SPOKAs\'E VALL>•Y, SPOKANE COUI~'TY,
R'ASAL\TGTQN, A~'1END11YG SPOKANE VALLEY MUNICIPAL COllE (SVIVIC)
10.30.060, ESTAR>aIS1FHNG A I'KUCEDUI'LE FOR AMF\iDING TFIE SPUKANE
VALi.,.F,~' CUi<41'R)CHENSIVE PLAN AND SUPERSEDING PORTIONS OF THE
ADUPTED SPOKANE COU\'TY CODE SECTIONS 13.100.1.02 THROUGH 13.900.110
ANll 1.4.400, 1.4.402 A\'D 14.500, TO TFTE EXTF~"I' Ti~EY ARE IN CUNFLICT,
PROVIDING FOlt SEVFRAF3DaITY AND EFFECTIV)? UA'I"E.
WHEREAS, the City of Spokane Valley has amended SVMC 10.30.010 by repealing the interim
comprehensive plan and adopting the City of Spokane Valley Comprehensive Plan; and
WHEREAS, the City of Spokane Valley is required to adopt development regulations to implement the
provisions of the comprehensive plan pursuant to RCV1' 36.70A.040, and
WHEREAS, the Comprehensive flan and the Growth Mana~;emcnt Act pursuant to RCW 36.7UA.13U,
contemplate a process for annual amendments to that plan; and
~VIIEREAS, the City of Spokane Valley is required to ensure public participation in such an
amcndrncnt pursuant to RCW 3G.7UA.035 and 140, and
VIrH~REAS, the following provisions are deemed necessary to protect the health, safety and welfare of
the general public and the environment, and
WHEREAS, the city of Spokane Valley desires to adopt procedures to allow the annual amendment of
the comprehensive plan;
NOW TI•IERI±.FOIZE, the City Council of the City of Spokane. Valley ordains as follows:
Section l: SVMC 10.30.060 is hereby amended and the following new provisions are added to
and incorporated as follows:
`Cype. IV Applications - Comprehensive Plan Amendments
1. Lnitiation. Comprehensive Plan Antendnients may be initiated by any of the following:
a. Property owner(s) or their represent<3tives;
b. Any citizen, agency, neighborhood association or other party; or
c. The Community L7evelopment f)epartment (hereinafter "department"), planning commission
or city council.
2. Applications. Applications shall be made on forms provided by the City.
3. Application Submittal:
After submittal of an applicant initiated application, the application shall be subject to a pre-
application conference. The date upon fully-complete determination shall be the date of
registration with the department.
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4. Register oC Comprehensive Plan Amendments and Area-+vide Rezones. The department shall
establish and maintain a register of all applications.
5. Concurrent and Annual Review of Register.
a. Sixty (60) days prior to November 151 in each calendar year, the city shall notify the public
that the amendment process has begun. Notice shall be distributed as follows:
i. Notice published in an appropriate regional or neighborhootl newspaper or trade,journal;
ii. Notice posted on all City official public notice boards;
iii. Copy of the notice sent to all agencies, organizations and adjacent jurisdictions with an
interest.
b. All registered applications shall be reviewed concurrently on an annual basis in a manner
consistent with RCW 36.70A.130(2). Applications registered after November 151 of the
previous calendar year and before November is' of t:he current calendar year, shall he
included in the annual review. Those registered after November IS' of the calendar year shall
he placed on the register for review at the following annual review.
c. Emergency Amendments: The city may review and amend the comprehensive plan when the
city council determines that an emergency exists or in other circumstances as provided for by
RC~'V 36.70A.130 (2)(a). The following shall constitute a basis for emergency amendments:
i. Situations invoh~ing official, legal, or administrative actions, such as those to immediately
avoid an imminent danger to public health vid safety, prevent imminent danger to public or
private property or to prevent an imminent threat of serious environmental degradation;
ii. '1'o address the absence of adequate and available public facilities or sen~ices;
iii. To resolve an appeal of the Comprehensive Plan filed with the Eastern Washington
Gro+vth iVianagement I-Iearings Board or court, or to comply with a decision of the Board or
court. or of a state agency or office or the State Legislah~re necessitating an emergency
Comprehensive Plan amendment; or
iv. Council confirmation of the L7irector's Ending of a conflict, inconsistency, deficiency or
other internal defect in the Comprehensive flan that requires correction for clear, complete
and consistent policy direction.
6. Notice of Public I-tearing. Comprehensive .Plan Amendments require a public hearing before the
planning commission.
a. Contents of Notice. A notice of public hearing shall include t:he following:
i. `I"he cital.ion, if any, of the provision that would be changed by the proposal along with a
brief description of that provision;
ii. A statement of how the proposal would change the affected provision;
iii. A statement of what areas, comprehensive plan designations, zones, or locations +vill be
directly affected or changed by the proposal;
iv. The date, time, and place of the public hearing;
v. A statement of the availability of the official file; and
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vi. A statement of the right of any person to submi/written comments to the planning
commission and to appear at the public hearing of the planning commission to give oral
comments on the proposal.
b. Distribution ofNotice. 'I"he department shall distribute as prescribed by law..
7. Planning Commission Recommendation.
a. Procedure. Fallowing the public hearing, the planning commission shall consider t:he
applications concurrently, and shall prepare and forward a recommendation of proposed action
for all applications to the city council '1"he planning commission shall take one of the following
actions:
i. If the planning commission determines that the proposal should be adopted, it may
recommend that the city council adopt the proposal. The planning commission may
make modif cations to any proposal prior to recommending the proposal to city council
for adoption. If the modification is substantial, the planning commission shall conduct a
public hearing on the modified proposal.
ii. !f the planning commission determines that the proposal should not be adopted, it may
recommend that the city council not adopt the proposal.
iii. If the planning commission is unable to take either of the actions specifieCl in subsections
(i) or (ii) above, the proposal will be sent to city council with the notation that the
planning commission makes no recommendation.
R. Approval Criteria
a. 'f he city may approve comprehensive plan amendments if' it finds that:
i. The proposed amendment bears a substantial relationship to the public health, safety,
welfare, and protection of the environment; and
ii. The proposed amendment is consistent with the requirements of Chapter 36.70A
RC1~V and with the portion of the city's adopted plan not affected by the amendment.
iii. 'I`he proposed amendment responds to a substantial change in conditions beyond the
property owner's control applicable to the area within which the subject property lies.
iv. The proposed amendment corrects an obvious mapping error.
v. The. proposed amendment addresses an identified deficiency in the Comprehensive
Plan.
b. The city must. also consider the following factors:
i. The effect upon the physical environment;
ii. "1'he ciTect on open space, streams, rivers, and lakes;
iii. The compatibility with and impact on adjacent land uses and surrounding neighborhoods;
iv. 'Che adequacy of and impact on community facilities including utilities, roads, public
transportation, parks, recreation and schools;
v. The benefit to the neighborhood, city and region;
vi. The quantity and location of land planned for the proposed land use type and density and
the demand for such land;
vii. The current and projected population density in the area; and
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viii. The effect upon other aspects of the comprehensive plan.
9. City Council Action. \Vithin sixty (60) days of receipt of the planning commission's findings and
recommendations, the city council shall consider the findings and recommendations of the commission
concerning the application and may hold a public hearing pursuant to Council rules. `l'he city clerk
shall distribute notice of the council's public hearing as prescribed by law. All annual amendments to
the comprehensive plan shall be considered concurrently. E3y a majority vote of its rnembcrship, the
city council shall:
a. Approve the application;
b. Disapprove t1~e application;
c. Modify the application. If modification is substantial, the Council must either conduct a
public hearing on the modified proposal; or
d. Refer the proposal back to t:he planning commission for further consideration.
10. Transmittal to the State of \Vashington. At least silty (60) days prior to final action being taken
by the city council, the Washington State Deparhnent of Community, Trade and T'conomic
Development (CTFD) shall be provided with a copy of the amendments in order to initiate the 60
(sixty) day comment period. No later than ten (10) days after adoption of t:hc proposal, a copy of the
final decision shall be forwarded to CTI;D."
Section 2. Provisions in conflict. To the extent that any of the above provisions are in
conflict with sections 13.100.102 through 13.900.110 and sections 14.400,14.402 and 14.500 of the
Spokane County Code adopted pursuant to SVrVIC 10.30.060, the above provisions contained in Section
1 above shall apply.
Section 3.. Severability. If any section, sent-once, clause or phrase of this ordinance shall be
held to be invalid ar unconstitutional by a court of competentjurisdiction, such invalidity or
unconstitutionality shall not affect. the validity or constitutionality of any other section, sentence, clause
or phrase of this ordinance.
Section 4. effective Date This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as
provided by law.
PASSEll by the City Council this 12'x' day of Septernher, 2006.
AT Mayor, Diva 1\~ilhite
l
~ty~Clerk, Christine . ainbridgc
Approved as to N"orm:
O rce of the City Attorn
Date of Publication: - o~ -d
Cffectivc Date:
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