CITY OF SPOKANE VALLEY Request for Council Review

Transcription

1 CITY F SPKANE VALLEY Request for Council Review Meeting Date: May 8, 2012 Department Director Approval Check all that apply: consent old business new business public hearing information admin. report pending legislation AGENDA ITEM TITLE: First Reading Proposed rdinance : fficial Zoning map amendments VERNING LEGISLATIN: RCW 36.70A, SVMC and PREVIUS ACTIN TAKEN: n April 24, 2012, no action was taken by City Council BACKGRUND: The Spokane Valley Municipal Code (SVMC ) establishes an annual comprehensive plan amendment cycle that runs from November 2 nd to November 1 st of the following year. The Planning Commission considers applications received prior to November 1st in late spring of the following year, with a decision by City Council in late spring/early summer. All parts of the Comprehensive Plan can be amended during the annual cycle. The Community Development Department received seven requests for site-specific Comprehensive Plan amendments for Sites approved for a Comprehensive Plan amendment will automatically receive a zoning designation consistent with the new land use designation. The 2012 Comprehensive Plan text amendments include amendments to four Comprehensive Plan Elements: Chapter 2 - Land Use, Chapter 3 Transportation, Chapter 4 Capital Facilities and Public Services, and Chapter 7 Economic Development. The amendments may also entail minor changes to other elements referencing the proposed amendments. Staff presented the proposed amendments to the Planning Commission at a study session on February 9, The Planning Commission held a public hearing on the amendments on February 23, The Planning Commission continued the public hearing to March 8, 2012 for further deliberations. Staff presented the proposed amendments to the City Council on April 24, CMPREHENSIVE PLAN AMENDMENT PRPSALS: Comprehensive plan amendment proposals are organized into individual reports consisting of application materials, staff reports, maps, and comments submitted to date to assist the City Council in their review. PTINS: Advance the ordinance to second reading with or without modifications, or take other action deemed appropriate. RECMMENDED MTIN: Move to advance ordinance to a second reading STAFF CNTACT: Mike Basinger, AICP, Senior Planner ATTACHMENTS: Exhibit 1: Draft rdinance

2 CITY F SPKANE VALLEY SPKANE CUNTY, WASHINGTN RDINANCE N AN RDINANCE F THE CITY F SPKANE VALLEY, SPKANE CUNTY WASHINGTN, AMENDING RDINANCE WHICH ADPTED THE FFICIAL ZNING MAP; AND PRVIDING FR THER MATTERS PRPERLY RELATING THERET. WHEREAS, the City of Spokane Valley (City) adopted the Spokane Valley Municipal Code (SVMC) and the fficial City Zoning Map pursuant to rdinance , on the 25 th day of September, 2007; and WHEREAS, the SVMC and fficial City Zoning Map became effective on the 28 th day of ctober, 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 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 ; and WHEREAS, consistent with the GMA, City of Spokane Valley adopted Public Participation Guidelines to direct the public involvement process for adopting and amending comprehensive plans and area-wide rezones; and WHEREAS, SVMC provides that amendment applications shall be received until November 1 of each year; 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 rdinance Zoning Map Changes Page 1 of 6

3 WHEREAS, on February 3, 2012, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106 providing a 60-day notice of intent to adopt amendments to the Spokane Valley Comprehensive Plan; and WHEREAS, on February 8, 2012, 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 WHEREAS, on February 8, 2011, notice of the Commission public hearing was published in the Valley News Herald; and WHEREAS, on February 8, 2012, notice of the Commission hearing was mailed to all property owners within 400 feet of the subject property ; and WHEREAS, on February 8, 2012, notice of the hearing was posted on the subject properties; and WHEREAS, on February 16, 2012, the Commission conducted a briefing to review the proposed amendments; and WHEREAS, on February 23, 2012, the Commission received evidence, information, public testimony and a staff report and recommendation at a public hearing; and WHEREAS, on February 23, 2012, the Commission conducted a public hearing on to consider proposed amendments to the Comprehensive Plan Land Use Plan map and Zoning map. After hearing public testimony, the Commission made recommendations on comprehensive plan map amendments CPA-01-12, CPA-02-12, CPA-03-12, CPA-04-12, CPA-06-12, CPA-07-12, CPA-08-12, CPA-09-12, CPA-10-12, and CPA The Planning Commission voted to continue the deliberations on CPA to March 8, 2012 to further discuss public testimony and develop a recommendation for City Council; and WHEREAS, on March 8, 2012, the Commission continued deliberations on Comprehensive Plan map amendment CPA and recommended approval subject to a development agreement; and WHEREAS, on May 8, 2012, Council considered a first ordinance reading to adopt the proposed amendment; and WHEREAS, on May 22, 2012, Council considered a second ordinance reading at which time Council approved written findings of fact setting forth their basis for recommending approval of the proposed amendments. NW, THEREFRE, the City Council of the City of Spokane Valley do ordain as follows: rdinance Zoning Map Changes Page 2 of 6

4 Section 1. Purpose. The purpose of this rdinance is to amend the fficial Zoning Map adopted through rdinance No 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(s) and recommends approval of the amendments to the Zoning Map and text. The City Council hereby adopts the findings of the Commission, specifically that: 1. n February 8, 2012, notice for the proposed amendments was placed in the Spokane Valley News Herald and each site was posted with a Notice of Public Hearing sign, with a description of the proposal. 2. n February 8, 2012, individual notice of the map amendment proposals was mailed to all property owners within 400 feet of each affected site. 3. Pursuant to the State Environmental Policy Act (SEPA RCW 43.21C) environmental checklists were required for each proposed comprehensive plan map and text amendment. 4. n February 8, 2012, Determinations of Non-significance (DNS) were issued for the requested Comprehensive Plan amendments. 5. n February 8, 2012, the DNS s were published in the city s official newspaper consistent with the City of Spokane Valley Environmental rdinance. 6. n February 23, 2012, the Spokane Valley Planning Commission conducted a public hearing to consider the proposed amendments. After hearing public testimony, the Commission made recommendations on Comprehensive Plan map amendments CPA-01-12, CPA-02-12, CPA-03-12, CPA-04-12, CPA-06-12, CPA-07-12, CPA-08-12, CPA-09-12, CPA-10-12, and CPA The Planning Commission voted to continue the deliberations on CPA to March 8, 2012 to further discuss public testimony and develop a recommendation for City Council. n March 8, 2012, the Commission continued deliberations on Comprehensive Plan map amendment CPA and recommended approval subject to a development agreement. 7. The planning goals of the Growth Management Act (GMA) were considered and the proposed amendments are consistent with the GMA. 8. The goals and policies of the Spokane Valley Comprehensive Plan were considered and the proposed amendments are consistent with the Comprehensive Plan. 9. The proposed zoning designations are consistent with the current use of the properties. 10. Findings were made and factors were considered to ensure compliance with approval criteria contained in SVMC H. (Comprehensive Plan amendments and area-wide rezones). 11. The Comprehensive Plan Land Use Map and text amendments will not adversely affect the public s general health, safety, and welfare. Section 3. Attachment "A. Property. The properties subject to this rdinance are described in Section 4. Map Amendments. Pursuant to RCW 36.70A.130, the City of Spokane Valley Zoning Map as adopted through rdinance No , is hereby amended as set forth in Attachment "A (map). The Zoning map amendments are generally described as follows: rdinance Zoning Map Changes Page 3 of 6

5 Map Amendments File No. CPA-01-12: Application/Description of Proposal: Privately initiated, site-specific Comprehensive Plan map amendment requesting to change the designation from Low Density Residential (LDR) with a Single Family Residential District () zoning classification to High Density Residential (HDR) with a High Density Multifamily Residential () zoning classification. This proposal is considered a non-project action under RCW 43.21C. Applicant: Scott and Sarah Creighton; 815 S. Marigold; Spokane Valley, WA Amendment Location: Parcel number(s) , addressed as & E. live Avenue, generally located on the southwest corner of Collins Road and live Avenue; further located in the NW ¼ of the SW ¼ of Section 15, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Council Decision: Change parcel to High Density Multifamily Residential () File No. CPA-02-12: Application/Description of Proposal: Privately initiated, site-specific Comprehensive Plan map amendment requesting to change the designation from Low Density Residential (LDR) with a Single Family Residential District () zoning classification to Mixed Use Center (MUC) with a Mixed Use Center (MUC) zoning classification. This proposal is considered a nonproject action under RCW 43.21C. Applicant: Monty Lewis; E. Sprague Avenue; Spokane Valley, WA Amendment Location: Parcel number(s) , addressed as E. Mission Rd, generally located approximately 240 feet west of the intersection of Flora Road and Mission Avenue; further located in the SE ¼ of the SE ¼ of Section 12, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Council Decision: Change parcel to Mixed Use Center (MUC) File No. CPA-03-12: Application/Description of Proposal: Privately initiated, site-specific Comprehensive Plan map amendment requesting to change the designation from ffice () with a Garden ffice () zoning classification to Community Commercial (C) designation with a Community Commercial (C) zoning classification. This proposal is considered a non-project action under RCW 43.21C. Applicant: Sonrise Land, LLC; East Sundown Drive; Spokane Valley, WA Amendment Location: Parcel number(s) , , & ; addressed as & East Broadway; generally located on Broadway Avenue east of Moore Road; further located in the NE ¼ of the SW ¼ of Section 13, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Council Decision: Change parcels , , & to Community Commercial (C) File No. CPA-04-12: Application/Description of Proposal: Privately initiated, site-specific Comprehensive Plan map amendment requesting to change the designation from Low Density Residential (LDR) with a Single Family Residential District () zoning classification to Neighborhood Commercial rdinance Zoning Map Changes Page 4 of 6

6 (NC) with a Neighborhood Commercial (NC) zoning classification. This proposal is considered a non-project action under RCW 43.21C. Applicant: Ibrahim Farraj; 805 N. Park Rd; Spokane Valley, WA Amendment Location: Parcel number(s) , addressed as 923 N. Park Road, generally located on the southwest corner of Park Road and Broadway Avenue; further located in the SE ¼ of the NE ¼ of Section 13, Township 25 North, Range 43, East, Willamette Meridian, Spokane County, Washington. Council Decision: Change parcel to Neighborhood Commercial (NC) File No. CPA-05-12: Application/Description of Proposal: Privately initiated, site-specific Comprehensive Plan map amendment requesting to change the designation from Medium Density Residential (MDR) with a Medium Density Multifamily Residential (MF-1) zoning classification to High Density Residential (HDR) designation with a High Density Multifamily Residential () zoning classification. This proposal is considered a non-project action under RCW 43.21C. Applicant: Land Use Solutions & Entitlement; 9101 Mt. View Lane; Spokane, WA Amendment Location: Parcel number(s) , & the northern 68 feet of ; generally located south of Broadway Avenue west of Conklin Road; further located in the NE ¼ of the SW ¼ of Section 13, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Council Decision: Change parcels , & the northern 68 feet of to High Density Multifamily Residential () File No. CPA-06-12: Application/Description of Proposal: Privately initiated, site-specific Comprehensive Plan map amendment requesting to change the designation from Low Density Residential (LDR) with a Single-Family Residential district () zoning classification to ffice () with a Garden ffice () zoning classification. This proposal is considered a non-project action under RCW 43.21C. Applicant: Land Use Solutions & Entitlement; 9101 Mt. View Lane; Spokane, WA Amendment Location: Parcel number(s) , addressed as 1114 N. Vercler Road, generally located on the southeast corner of Vercler Road and Boone Avenue; further located in the SE ¼ of the NW ¼ of Section 15, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Council Decision: Change parcel to Garden ffice () File No. CPA-07-12: Application/Description of Proposal: Privately initiated, site-specific Comprehensive Plan map amendment requesting to change the designation from ffice () with a Garden ffice () zoning classification to Community Commercial (C) designation with a Community Commercial (C) zoning classification. This proposal is considered a non-project action under RCW 43.21C. Applicant: Ronald Steiger; 7917 East Gunning Drive; Spokane, WA Amendment Location: Parcel number(s) , , and ; generally located on Broadway Avenue west of Moore Road and east of Sullivan rdinance Zoning Map Changes Page 5 of 6

7 Road; further located in the NW ¼ of the SW ¼ of Section 13, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. Council Decision: Change parcels , , and to Community Commercial (C) Section 5. Zoning Map/fficial Controls. Pursuant to RCW 35A , for the purpose of regulating the use of land and to implement and give effect to the Comprehensive Plan the City hereby amends the fficial Zoning Map of the City as set forth in Zoning Map Attachment "A. Section 6. Adoption of ther 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 rdinance, is authorized to modify the Zoning Map in a manner consistent with this rdinance. Section 8. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this rdinance shall rest with the permit applicant and their agents. This rdinance 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 rdinance 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 rdinance. Section 10. Effective Date. This rdinance shall be in full force and effect five days after publication of this rdinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of May, 2012 ATTEST: Mayor, Thomas E. Towey City Clerk, Christine Bainbridge Approved As To Form: ffice of the City Attorney Date of Publication: Effective Date: rdinance Zoning Map Changes Page 6 of 6

8 Vercler Zoning Map Willow Crest Vercler Vercler Virginia Collins West W illow Crest Alki Alki Pines live CPA Valleyway Valleyway Pines Houk Houk Main Main Houk Houk Main CPA City of Spokane Valley Community Development Department Request: Change the Comprehensive Plan map designation from LDR to HDR; subsequent zoning change from to.

9 Arc Bell Flora Flora Tschirley Flora Coach Coach Bell Bell Arc Arc Tschirley Zoning Map Montgomery R-2 Knox Mansfield I-2 Indiana Indiana Flora Pit P/S Baldwin Baldwin ld Mission MUC Mission CPA Mission Augusta Nora Mission Nora Augusta Mission Maxwell Arc Arc Maxwell Indiana MUC Sharp Boone Desmet RC Cataldo CPA City of Spokane Valley Community Development Department Request: Change the Comprehensive Plan map designation from LDR to MUC; subsequent zoning change from to MUC.

10 Sonora Conklin Moore Conklin Zoning Map MUC RC CPA Broadway Pioneer and Rainbow MF-1 Alki Alki Timberlane Moore Valleyway Valleyway C MF-1 CPA City of Spokane Valley Community Development Department Request: Change the Comprehensive Plan map designation from to C; subsequent zoning change from to C.

11 Girard Zoning Map Girard I-1 Lily Broadway I-1 I-2 Cataldo Bowman CPA Broadway Park Park Park Road Pool P/S NC CPA City of Spokane Valley Community Development Department Request: Change the Comprehensive Plan map designation from LDR to NC; subsequent zoning change from to NC.

12 Sonora Conklin Galway Shamrock Conklin Moore Hollywood Zoning Map MUC RC Broadway CPA Pioneer and Rainbow Timberlane Alki Alki Moore Shamrock Alki Valleyway Valleyway MF-1 Nixon C Main Riverside CMU CPA City of Spokane Valley Community Development Department Request: Change the Comprehensive Plan map designation from MDR to HDR; subsequent zoning change from MF-1 to.

13 Houk Zoning Map Mission Maxwell Sinto Houk Woodlawn Maxwell Sinto Sharp Boone Boone Desmet Vercler CPA Desmet McDonald Desmet Cataldo Cataldo Mallon Woodlawn Broadway Collins Willow Crest CPA City of Spokane Valley Community Development Department Request: Change the Comprehensive Plan map designation from LDR to ; subsequent zoning change from R-2 to.

14 St Charles Sullivan Sullivan Moore Sonora Zoning Map Mission MUC Indiana Cataldo RC Ravalli Ravalli Ravalli MF-1 Broadway Springfield C Pioneer and Rainbow CPA Alki MF-1 MF-1 Sommer Sullivan Timberlane Moore Valleyway Valleyway MF-1 Riverside C CPA City of Spokane Valley Community Development Department Request: Change the Comprehensive Plan map designation from to C; subsequent zoning change from to C.