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1999, 08-18 Hearing Examiner DecisionSPOKANE COUNTY HEARING EXAMINER RE Zone Reclassification from Rural ) FINDINGS OF FACT, Residential -10 (RR -10) Zone to ) CONCLUSIONS OF LAW, Light Industrial (I -2) Zone ) .AND DECISION Applicant Inland Empire Paper Co ) File No ZE -37 -96 ) I. SUMMARY OF PROPOSAL AND DECISION Proposal: Application for a zone reclassification from the Rural Residential -10 (RR -10) zone to the Light Industrial (I -2) zone, on approximately 105 8 acres of land, for development of recreational/community facilities, a business park, vanous commercial uses and those uses allowed in the Light Industnal (1 -2) zone Decision: Approved, subject to conditions II. BACKGROUND/FINDINGS OF FACT A. General Information: Applicant/Legal Owner Inland Empire Paper Company, 3320 North Argonne Road, Spokane WA 99212, and YMCA, 507 North Howard, Spokane, WA 99201 Address: of assigned Location: Generally located south of and adjacent to Euclid Avenue, north of Indiana Avenue, southwest of the Spokane River and one - fourth (1/4) mile east of Pines Road (Hwy 27), in Section 10, Township 25 N , Range 44 EWM , Spokane County Legal Description: That part of the North /2 of Section 10, Township 25 North, Range 44 EWM, Spokane, Washington descnbed as follows The North 300 00 feet of the East 280 00 feet of the West 1/2 of the Northwest 'A, the North 300 00 feet of the East '/2 of the Northwest '/4, the North 300 00 fcct of Government Lot 2 lying westerly of the v.esterly right -of- way line of the Inland Empire Co Railroad, as shown on Record of Survey, Book 45, Page 78, Except Mirabeau Parkway as recorded under File No CRP 2762, Spokane County, Washington, AND that part of the East '/2 of Section 10, Township 25 North, Range 44 EWM, Spokane County, Washington described as follows The South '/2 of the Southwest '/4 of the Northeast '4, Except the West 200 00 feet, Government Lot 3 lying southerly and westerly of the southwesterly right -of -way line of the Inland Empire Co Railroad as shown on Record of Survey, Book 45, Page 78, Except the North '/2 of the North /2 of said Government Lot 3, and that part of the Southeast '/a lying north of the northerly nght -of -way line of the Uruon Pacific Railroad, Except Mirabeau Parkway as recorded under File No CRP 2762, Spokane County, Washington HE Findings, Conclusions and Decision ZE -37 -96 Page 1 Zoning: Rural Residential -10 (RR -10) The site is also located in the Aquifer Sensitive Overlay zone and the Public Transit Benefit Area designated by the Zoning Code Comprehensive Plan: Rural category The property is also located within the Aquifer Sensitive Area, Pnonty Sewer Service Area and Urban Impact Area designated by the Plan IUGA: The site is located inside the intenm urban growth area boundanes designated by the County pursuant to the State Growth Management Act Critical Areas: County Cntical Areas maps designate Urban Natural Open Space pnonty wildlife habitat extending through the majonty of the south portion of the site and all of the north portion of the site This pnonty habitat extends through most of the north half of Section 10, between the Spokane River and Pines Road Such maps designate the Spokane River as a Type I stream, which has a 250 -foot wide npanan pnonty habitat buffer under the County Cntical Areas Ordinance Shorelines: The Spokane River is designated as a shoreline of statewide significance by the County Shoreline Master Program Portions of the site appear to be located within the 200 -foot wide shoreline area that extends from the ordinary high water mark of the river The shorelines paralleling the site boundanes are designated either Conservancy Area or Pastoral Area by the Master Program Environmental Review: A Determination of Significance (DS) was issued for the proposal on August 30, 1996 A Draft Environmental Impact Statement (DEIS) was issued on October 2, 1997, with a comment penod ending November 18, 1997 A Final Environmental Impact Statement (FEIS) was issued on June 12, 1998 Site Description: The subject site is approximately 105 S acres in size, and consists of two - disconnected areas of land The north 1/3 of the site is approximately 17 3 acres ,n size, lies directly north of the former Walk m the Wild Zoo, and is accessed by Euclid Avenue The north portion is generally flat to rolling, undeveloped, covered with native grasses, and located a short distance west of the Spokane River The south 2/3 of the site is approxunately 88 5 acres m size, bordered on the south by the Union Pacific Railway nght -of -way, and is accessed by Mirabeau Parkway, which is currently under construction The south portion is generally flat, covered with native vegetation, and located a short southwest of the Spokane River A YMCA recreational facility is currently_under construction on the south portion The site has not been farmed for several years Area Road Network: Pines Road (SR -27), a 4 -lane state highway improved with curb and sidewalk, is located approximately a third of a mile west of the north portion of the site and a half mile west of the south portion of the site Euclid Avenue, a paved road without curb or sidewalk, borders the north portion of the site The County has formed a road improvement distract to improve Euclid Avenue to a 3 -lane artenal road section from Pines Road east to Mirabeau Parkway Mirabeau Parkway has been paved to a 3 -lane artenal road section halfway between Euclid Avenue and Indiana Avenue Such roadway is expected to be extended to Indiana Avenue during 1999, and south of the current site would include a fully signalized railroad HE Findings, Conclusions and Decision ZE -37 -96 Page 2 S 4 CP f crossing and a transition from 3 lanes to 5 lanes Indiana Avenue, which is designated as a Minor Artenal by the Artenal Road Plan, lies at varying distances 100 -200 feet southerly of the south portion of the site Trent Avenue, a state highway, is located a mile north of the site Interstate 90 lies less than 600 feet southerly of the south portion of the site at its closest pomt A new freeway interchange at Evergreen Road and Interstate 90 is planned for construction within a few years The Arterial Road Plan illustrates Evergreen Road extended north of Interstate 90 as a future Pnncipal Arterial, following the east boundary of the south portion of the site, crossing the Spokane River and continuing north to Trent Avenue The County has abandoned such alignment north of Indiana Avenue, in favor of artenal road type improvements to Euclid Avenue and Mirabeau Parkway Surrounding Conditions: The land lying north of the north portion of the site is zoned Light Industrial (I -2) and undeveloped A single - family home on land zoned RR -10 is located just west of the north portion of the site Approximately 44 acres of land lying between the two portions of the site are zoned RR -10, and include facilities and exhibits left over from the old Walk m the Wild Zoo which previously existed on such acreage Such acreage is otherwise undeveloped, and compnsed of ponderosa pine woodland, with large rock outcroppings nsmg more than 100 feet above a native grass plain Immediately east of such area lies approximately 88 acres of undeveloped land owned by the State Department of Natural Resources m a conservancy status Such land is zoned RR -10, is undeveloped, and also includes part of the old zoo The land fronting along the east side of Pines Road m the area, between Euclid Avenue and Mansfield Avenue, is zoned either UR -22 or I -2, and includes a business park, offices, multi- - family housing and vacant land -This includes -15 acres 'of land located at the southeast corner of Euclid Avenue and Pines Road, which were recently rezoned 1 -2 and are being developed for a business park The_land lying along the west side of Pines Road in the area, between Euclid and Mansfield Avenues, includes an elementary school, vacant land and residential housing The Staff Report on p 2 incorrectly lists the location and zoning of the 35 -acre property rezoned in File No PE- 1567- 89/ZE -3 -89 Such land is actually located at the northeast corner of Pines Road and Mansfield Avenue, and was rezoned m 1989 from the Restncted Industnal zone and Residential Office zone of the now expired County Zoning Ordinance to the I -2 zone and Neighborhood Business (B -1) zone The land lying east of the southerly part of the south portion of the site is zoned I -2, and is undeveloped The land lying east of the Spokane River in the vicinity is zoned I -2 and Heavy Industnal (I -3), and includes an aluminum rolling/processmg plant and vacant land The land lying south and southeast of the south portion of the site, south of the railroad nght of way, is zoned I -2, Community Business (3-2) and Regional Business (B -3), and consists of vacant land, a regional shopping mall and a large retail center The land lying southwest of the site, south of Indiana Avenue, is zoned I -2 and developed pnmanly with light industrial uses and vacant land Recent land use approvals m the area are listed on page 2 of the Staff Report The land lying between the Mirabeau Pomt project and the nver is owned by the State Department of Parks and Recreation, is zoned RR -10 and mcludes the Centennial Trail HE Findings, Conclusions and Decision ZE -37 -96 Page 3 • ; P Project Description: The applicant proposed a zone reclassification of 105 8 acres of land • to the I -2 zone for 105 8 acres of land The applicant onginally submitted an application in May, 1996 to rezone approximately 122 acres to the B -2 and B -3 zones, along with proposed changes to the Comprehensive Plan designation for the site The ongmal application would have rezoned the north part of the current site to the B -2 zone, and the south part to the B -3 zone In March, 1999, the applicant submitted a revised rezone application to develop the current site of 105 8 acres under the I -2 zone, without a Comprehensive Plan amendment See letter dated 3 -10 -99 from Ramm Associates, Inc to John Pederson The revised site plan of record submitted on April 29, 1999 represents a conceptual master plan for the entire 229 -acre Mirabeau Point development The master plan includes the current site, the land lying directly north of the north portion of the site, the 44 acres of land lying between the two portions of the site, and the land lying to the east between the nver and the south portion of the site Inland Empire Paper Co owns the portions of the Mirabeau Point development outside the current site The site plan illustrates parts of the south portion of the site lying west of Mirabeau Parkway developed for a YMCA facility (12 acres), a community complex and an ice arena The environmental documents indicate that the community complex may include a science center, educational classrooms, a planetarium and a senior center The YMCA facility will likely include an indoor aquatics center, teen center and gymnasium The northerly 10 -11 acres of the 44 acres lying between the two portions of the current site are proposed to be reserved for a County park with playgrounds The remaining portion of this acreage would be reserved as natural open space with interpretive trails, interpretative facilities, and a Centennial Trail head parking lot The remainder of the site and the Mirabeau Point development would be developed for "business park" type uses These will purportedly be limited to offices, light industrial uses = and limited coniannercial uses - According to the environmental documents, the Mirabeau Point conceptual elan would be developed over a 10 -year penod Phase I of the plan would include the YMCA, ice arena, and retail and recreational uses m the south portion of the plan Phase II would develop the easterly portion of the concept plan, including a business office park and miscellaneous recreational and commercial uses Phase III includes development of the north portion of the concept plan for business park uses and the County park However, at the public hearing, the applicants indicated that the Euclid Avenue portion of the project might be developed first Access to the Centennial Trail is illustrated at various locations from the Mirabeau Point development The current proposal is conditioned for the extension of public sewer and water County Engmeenng conditions of approval require the applicant to construct a traffic signal at realigned Mansfield Avenue and Mirabeau Parkway, install sidewalk along Mirabeau Parkway/Euchd Avenue through the site as building permits are issued, participate m the funding of the Evergreen/I -90 Interchange through a voluntary agreement with the County, improve Mansfield Avenue from Mirabeau Parkway to the west boundary of the site to a 3 -lane special roadway section, improve the other public roads in the project to a commercial local access roadway section, and dedicate the necessary road nghts of way HE Findings, Conclusions and Decision ZE -37 -96 Page 4 Washington State Department of Transportation (WSDOT) conditions require the applicant to fund or install off -site unprovements at vanous road intersections with state highways in the area, and at the I- 90/Pines Road freeway interchange Such conditions also require the applicant to modify the project, if necessary, to ensure that carbon monoxide limits are not exceeded County Engineenng and WSDOT conditions require the traffic analysis for the project to be updated if buildout is not completed by the year 2006, or if traffic generation exceeds certain trip generation volumes WSDOT and the County are currently working on a traffic mitigation plan for the area, which the applicant may participate in, if adopted, m lieu of the improvements to the State transportation system descnbed above Procedural Matter: The Staff Report and Determination of Completeness issued 3 -23 -99 indicates that the application was deemed "counter- complete" effective June 6, 1996 This is incorrect, since the current application for a rezone to the I -2 zone was not filed until March 10, 1999 Since the application requested a completely different zone than the onginal rezone application submitted in 1996, there is no relation back to the previous application and a new counter- complete date should have been established The Examuier assumes this date to be March 10, 1999 The current application was deemed "technically complete" on March 23, 1999 The Examiner considers the project to have "vested" on March 23, 1999, for the purpose of determuung the development regulations applicable to the rezone See County Resolution No 96 -0293, paragraph 040 B 9 B. Procedural Information: Applicable Zoning Regulations: Spokane County Zoning Code Chapters 14 632 and 14 402 Hearing Date and Location: June 9, 1999, Spokane County Public Works Building, Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA - Notices: Mailed May 21, 1999 by applicant Posted - May -21, 1999 by applicant Published May 21, 1999 Compliance The legal requirements for public notice have been met Hearing Procedure: Pursuant to County Resolution Nos 96 -0171 and 96 -0294 Testimony: Tammy Jones Division of Building and Planning 1026 West Broadway Spokane, WA 99260 -0240 Cathy Ramm 25 South Altamont Spokane, WA 99202 Wyn Birkenthal Pat Harper Division of Engineenng and Roads 1026 West Broadway Spokane, WA 99260 John Konen 110 West Cataldo Spokane, WA 99201 Greg Figg HE Findings, Conclusions and Decision ZE -37 -96 Page 5 Spokane County Parks & Recreation 404 North Havana Spokane, WA 99202 Wayne Frost Inland Empire Paper 3320 North Argonne Spokane, WA 99212 Wayne Andreson Inland Empire Paper 3320 North Argonne Spokane, WA 99212 Chns Ashenbrenner 140 South Arthur, Suite 600 Spokane, WA 99202 WA State Department of Transportation 2714 North Mayfair Spokane, WA 99207 Todd Whipple Inland Pacific Engmeenng 707 West 7th Avenue, Suite 200 Spokane, WA 99204 Bob Boyle Hanson Industries 15102 East Indiana Avenue Spokane, WA 99216 Sue Madsen (no address given) Richard Wallis YMCA 507 North Howard Spokane, WA 99201 Items Noticed: County Comprehensive Plan, County Zomng Code, County Shoreline Master Program, County Guidelines for Stormwater Management, and County Standards for Road and Sewer Construction County Critical Areas maps, County Artenal Road Plan maps and County Official Shoreline maps County Resolution Nos 98 -0201 (amending Gwdehnes for Storiwater= Management), 97 -0652 (amending Cntical Areas Ordinance), 97 -0321 (adopting interim IUGA regulations), -97 -0135 (adopting moratonum outside County IUGAs), 97 -0134 (establishing IUGA boundanes), 96 -1005 (suspending park mitlgatiion tees), 96 -0302 (adopting Cntical Areas Ordinance), 96 -0294 (Hearing Exathunei Rules of Piucedure), 96 -0293 (ESHB 1724 procedures), 96 -0171 (Heanng Examiner Ordinance), 95 -0498 (adopting Standards for Road and Sewer Construction, and Guidelines for Stormwater Management), and 85 -0900 (adopting Zoning Code, and Program to Implement Zoning Code) III. LAND USE ANALYSIS/ FINDINGS OF FACT & CONCLUSIONS OF LAW A Approval cntena In considering a rezone application, Washington case law generally provides that 1) there is no presumption m favor of the rezone, 2) the applicant for the rezone must prove that conditions have substantially changed m the area since the last zoning of the property, and 3) the rezone proposal must bear a substantial relationship to the public health, safety or welfare Parkrrdge v Seattle, 98 Wn 2d 454, 462, 573 P 2d 359 (1978), and Bjarnson v Krtsap County, 78 Wn App 840, 899 P 2d 1290 (1995) HE Findings, Conclusions and Decision ZE -37 -96 Page 6 D A comprehensive plan is considered as a general bluepnnt for land use regulation by local governments Only general conformance with a'comprehensive plan is required to approve a rezone See Citizens for Mount Vernon v City of Mount Vernon, 133 Wn 2d 861, 873, 947 P 2d 1208 (1997), Cathcart v Snohomish County, 96 Wn 2d 201, 211 -12, 634 P 2d 853 (1981) Where a comprehensive plan conflicts with zomng regulations, zomng regulations will usually be construed to prevail See Weyerhaeuser v Pierce County, 124 Wn 2d 26, 43 (1994), 873 P 2d 498 (1994) The County Heanng Examiner Ordinance authonzes the Hearing Examiner to grant, deny or grant with such conditions, modifications and restrictions as the Examiner finds necessary to make a rezone application compatible with the Spokane County Generalized Comprehensive Plan and applicable development regulations See County Resolution No 96 -0171, Attachment "A ", paragraphs 7 (d) and section 11, and RCW 36 70 970 Development regulations include, without limitation, the County Zoning Code, the State Environmental Policy Act (SEPA) and the County's Local Environmental Ordinance (chapter 11 10 of the Spokane County Code) Section 14 402 020 of the Zomng Code authonzes amendments to the Code based on any one of 6 grounds, without differentiating between zoning text revisions and amendments to the official zoning map Zoning Code 14 402 020 (1) authorizes the Code to be amended if it is " consistent with the Comprehensive Plan and is not detrimental to the public welfare" Zoning Code 14 402 020 (2) authonzes a Code amendment where " [c]hange in economic, technological, or land use conditions has occurred to warrant modification of this Code" These are the most relevant local cntena for consideration of the current rezone application. Section 14 100 104 of the County Zomng Code states that the provisions of the Code shall be interpreted to carry out and implement the purpose and intent of the Comprehensive Plan, and the_general plans for physical development of the county adopted by the Board of County - Commissioners _Zoning Code 14 100 106 indicates t aafwhen the provisions of the Zoning Cods.._ conflict with the Comprehensive Plan, or other adopted plans and development regulations, the -more restrictive provisions-shall'govern to the extent legaiiy-periiiissiblc -anti the Zomng Code provisions will be met as a minimum Spokane County has designated a wide array of local SEPA policies which may be used to condition or deny land use actions under the County's Local Environmental Ordinance Such policies include the Comprehensive Plan, County Zomng Code, County Code, County Road Standards, County Stormwater Guidelines, recommendations received from County departments and other public agencies on land use actions, studies performed on a land use action voluntanly or at the request of a County department, and other listed regulations and policies See chapter 11 10 of Spokane County Code B The proposal, as conditioned, generally conforms with the Spokane Countv Generalized Comprehensive Plan, bears a substantial relationship to and will not be detnmental to the public health. safety and general welfare. and complies with the Spokane County Zoning Code and other applicable development regulations The site is designated m the Rural category of the Comprehensive Plan The Rural category is intended to provide the opportunity for development of agricultural, timber or open HE Findings, Conclusions and Decision ZE -37 -96 Page 7 L1 environments m a "countrylike" setting The primary land use within this category is intended to be very-large lot residential with agricultural uses or open spaces See Comprehensive Plan, Section 4, "Purpose" The residential density recommended by the Rural category is one unit per ten (10) or more acres The Rural category states as follows, in pertinent part The Rural category includes all the land not already included in the Urban, Suburban or Semi -Rural categories, or the Major Commercial, Industrial or Agricultural categories Occasionally, small -scale commercial and industrial uses will be found to serve local needs of the surrounding populations, including those associated with agricultural activities These will usually be located in and near small incorporated or unincorporated communities The typical land use mix could include residential, Agricultural, timber, grazing public lands roads and/or vacant land and large unique and environmentally sensitive areas Adjacent compatible categories might include Suburban and Semi -Rural or Agricultural The aesthetic setting of the Rural Category will be open space Large, cultivated fields, pastures and timber and natural areas will consume, most of the land Houses will generally be scattered and at some distance from each other It will be common to see 1 or 2 houses on a quarter section (160 acres), while in some areas, as many as 64 houses may be set on a section (640 acres) Very few public services will be provided to the -Rural Category in comparison to the other three residential categories - Mosi Urban. Major Commercial and Industrial activities would be' incompatible in the Rural category Urban, Suburban and some Semi - Rural- intensity residential subdivisions not related to agriculture would also be out of place [Emphasis added] Comprehensive Plan, Section 4 Decision Guideline 4 3 1 recommends that proposed development m the Rural category be designed to benefit from, accommodate and complement environmental conditions and features Land use proposals should consider development impact upon wildlife habitat, and the retention and maintenance of fragile wildlife and/or unique environmental areas identified by the County Decision Guidelines 4 3 3 and 4 4 2 Decision Guideline 4 6 2 recommends that land being productively and economically farmed not be converted to a nonagncultural use Decision Guideline 4 6 3 discourages development of land currently in agricultural use within the Rural category, and emphasizes that development should be compatible with adjacent agncultural activities Decision Guideline 4 6 4 finds that a multiple use concept, including such activities as grazing, outdoor recreation, HE Findings, Conclusions and Decision ZE -37 -96 Page 8 wildlife management and similar uses, would be compatible with timber management and existing agricultural activities m the Rural category Objective 4 5 b of the Rural category states that residential areas should be discouraged within high noise level zones, such as m the vicinity of airports, railroads and freeways Decision Guideline 4 7 b encourages a vanety of lot sizes m outlying areas, with small acreage tracts distinguished from agncultural areas, to retain a relatively low density and to provide limited agricultural activities Decision Guideline 4 7 2 indicates that single- family development is appropnate within the Rural category, provided the development is at a density of one unit per ten (10) acres or less, there is reasonable access and fire protection, adequate groundwater supplies exist, soil conditions and topography are considered acceptable for building sites and on -site sewage disposal systems, and there is adequate energy availability Decision Guidelme 4 7 3 of the Rural category indicates that land use proposals should conform to plans, policies and regulations of County utility and special service districts, and for County transportation systems, resolve any significant adverse impacts on existing utility, special service distract and traffic systems, and conform to County water, sanitary and drainage policies and regulations Objective 4 3e and Decision Guidelme 4 3 4 state that future activities affecting the shoreline areas m the county should be guided by policies outlined within the State Shoreline Management Act and the County's Shoreline Master Program The site has not been farmed for several years, nor is there, any evidence that the site would be productive farm land Accordingly, the policies of the Rural category protective of agricultural lands generally do not apply to development of the current site The applicants propose to rezone the site to the Light Industrial (I -2) zone The purpose of the I -2 zone is-to meetrthe needs for mdustnal land identified in the. Industrial category, of the Comprehensive Plan Industrial lases in this male typically uichude processing, fabrication, Wit, assembly, freight handling and similar operations, all of a non - offensive nature It is the intent of the Light Industrial (I -2) zone to allow for these uses by making them compatible with surrounding uses Zomng Code 14 632 100 In 1996, the County amended the Zoning Code to allow several new manufacturing uses and commercial uses to the list of uses permitted m the industnal zones The I -2 zone was also amended to allow development of all Regional Business (B -3) zone uses, except adult book stores and adult entertainment establishments, provided all the B -3 zone development standards listed in Zomng Code 14 628 315 through 14 628 380 are met See Zomng Code 14 629 080 Such development standards included, without limitation, the requirement that any building site have frontage on a public road of Principal Artenal or higher road classification sufficient for proper ingress and egress as determined by the County Engineer See Zoning Code 14 628 315 The amendments to allow more commercial uses in the I -2 zone recognize a need for more intensive and a greater variety of commercial uses to provide support for light industrial uses in the I -2 zone, and the potential compatibility between light mdustnal uses and intensive commercial uses HE Findings, Conclusions and Decision ZE -37 -96 Page 9 The proposed rezone to I -2 generally does not implement the Rural category, particularly considering the intensive commercial uses proposed by the applicant Some proposed uses may be compatible with the Rural category, including the YMCA project and community complex These uses provide some internal transition from the business park uses proposed m the south portion of the site to the proposed open space natural area and County park located to the north and the Department of Natural Resources (DNR) conservancy land located to the west A similar transition is not apparent in the north portion of the current project, where business park uses are proposed directly north of the DNR conservancy land and the proposed County park The FEIS for the project suggested development of a recreational vehicle park-m this area, along with limitations on the intensity of the proposed commercial uses to those considered compatible with the recreational and entertainment uses proposed to the south in the Mirabeau development See FEIS, p 2, and response #s 4 -8 in Response to Letter No 5 However, the applicant's representatives currently descnbe development of the north portion of the site as a continuation of the busmess park theme extended from the newly developed Pinecroft Business Park, located at the southeast corner of Euclid Avenue and Pines Road (SR- 27) Such development would purportedly include a busmess park geared to offices, light industrial, and "limited commercial support" See Exhibit E, and letter dated 3 -10 -99 from Ramm Associates, Inc to John Pederson The habitat management plan prepared for the project does propose a 50 -foot wide buffer along the southerly border of the north portion of the site dominated by wildlife habitat functions See Habitat Evaluation and Management Plan, p 25 Some transition is provided between the business park uses proposed along the Spokane River m the south portion of the site and the adjacent shoreline area The County Critical Areas Ordinance requires a 250 -foot npanan buffer required between such uses and the ordinary high water mark under the County Cntical Areas Ordinance The regulations of the County's Shoreline Master Program for the_Conservancy and Pastoral Areas would also severely restrict or prohibit cornmercial/uiidustral development of any_ portions of the site located within the 200 - foot wide shoreline jurisdiction Applicant inland Empire Paper Co (IPCO) suggested that the btninessliark--u`sds along the liver-in the south part of the Mirabeau Palk deveiopirient would be of a corporate business park or "high tech" nature, with no retail uses except perhaps a restaurant or other retail use supportive of the business park Any large "big box" retail uses would reportedly be limited to locations near or along the south border of the south business park See testimony of Cathy Ramm The record indicates an apparent misunderstanding by the applicants that the I -2 zone allows virtually all B -3 zone uses without having to meet artenal road frontage requirements See Exhibit E, and letter dated 3 -10 -99 from Ramm Associates, Inc to John Pederson. This appears true, at a maximum, for those B -3 zone uses separately already listed as permitted uses m Section 14 629 020 of the Industnal Zones Matrix, such as restaurants, hotels and motels, automobile and recreation sales, and a few others The FEIS, which was based on a proposed rezone of the site to the B -2 zone and B -3 zone, recognized that uses developed under the B -3 zone B -2 zone are respectively subject to Pnncipal Artenal and Minor Artenal frontage requirements See FEIS, response #4 in Response to Letter No 5 None of the public roads running through or adjacent to the site are designated as Principal Arterials by the County Artenal Road Plan, or classified functionally as Principal HE Findings, Conclusions and Decision ZE -37 -96 Page 10 Artenal Streets by the County Engineer County Engineering currently considers Euclid Avenue/Mirabeau Parkway as a Collector Artenal This appears to be a functional classification by the County Engineer under the County's 1995 Standards for Road and Sewer Construction ( "Road Standards ") for the purpose of improvement, rather than a designation by the Board of County Commissioners under the Arterial Road Plan. County Engineering has proposed upgrading such designation to a Mmor Artenal, but a Principal Artenal designation is unlikely See testimony of Pat Harper, Zoning Code 14 300 100, definition of "artenals, principal, major and minor ", and definition of " artenals, principal, minor and collector ", Road Standards, p 7 -9, and Comprehensive Plan, Section 21 This means that the B -3 zone uses permitted m the project would be limited, at best, to those specifically listed as permitted outright or as a conditional use in the I -2 zone, without specifically being subject to the B -3 zone development standards The south portion of the site is located adjacent to the Major Commercial category of the Comprehensive Plan on the south and the Industrial category on the east This tuggers consideration of the "transition area" policy of the Comprehensive Plan The Comprehensive Plan defines the "transition area" as the area along the boundary between two or more land use categories Under the "transition policy ", where a specific proposal crosses the boundary between 2 or more land use categones, or lies adjacent to another land use category, the proposal may be deemed consistent with the Comprehensive Plan if 1) it complies with the policies of either category, and 2) will not adversely impact or excessively mtrude into the land use categories involved Buffenng may be used to mitigate such impacts and intrusion See Comprehensive Plan, p 11, and definition of "transitional area" and "transitional buffenng" m the glossary The Industrial category is intended to provide the opportunity for industrial development and reserve land for mdustnal purposes l he Industrial category will be composed of a vanety of industnal, miring and transportation uses Few commercial and residential uses will be found - Small -scale activatieslelated to industriai,uses :►uch as safes,- service stations and parts and service stores will also be charactenstic of industrial areas Other commercial services may be provided to serve the industrial businesses and employees as industnal areas develop See Comprehensive Plan, Section 7 Objective 7 2 a of the Industrial category encourages balanced communities of commercial, industrial and residential development in a compatible relationship Industrial proposals, and industrial and commercial uses proposed as one development, may be allowed in the Industrial category when the development proposal conforms to County sewer, water, utility and transportation plans, identifies and takes steps to resolve significant adverse impacts upon existing infrastructure, and provides necessary landscaping and buffering Decision Guidelines 7 1 4, 7 3 1 The Industrial category discourages strictly non - industrial proposals, unless it is shown that the land involved is near other non - Industrial land use categories, there is sufficient remaining land m the Industrial category to meet existing or near future industrial needs, and the proposal is compatible with existing or potential industnal uses through the use of buffenng or suitable development covenants See Decision Guideline 7 2 5 Large or medium scale mdustnal sites, relative to other sites in the Industrial category, should be directly accessible to highways, freeways, artenal roadways or airways, and should not overload or HE Findings, Conclusions and Decision ZE -37 -96 Page 11 congest such routes The number of dnveway or ingress and egress access locations onto highways or artenals are to be minimized, by providing frontage roads with limited access shared by other development, providing side street access to the highway or arterial, or sharing limited access facilities through pnvate frontage roads Decision Guideline 7 1 3 Buffering is recommended between proposed and existing development, particularly when heavy industrial development is located adjacent to light industrial or commercial uses See Decision Guidelines 7.1 4 and 7 2 2 The Industrial category indicates that only light mdustry should be located adjacent to an existing or proposed residential area Decision Guideline 7 1 1 Proposed industrial developments which are not adjacent to residential development or residential categones, and which are anticipated either to improve the aesthetics or the value of surrounding industrial property, should not be required to provide any buffenng between themselves and existing or potential industrial activity Decision Guideline 7 2 2 The recent amendments to the I -2 zone, discussed previously, have changed the way m which the Zoning Code is perceived to implement the Industrial category by adding more commercial uses The Major Commercial category is intended for the development of commercial uses, particularly "community and regional shopping centers ", and uses related to major traffic comdors The Major Commercial category discourages most residential uses Decision Guideline 6 1 1 of the Major Commercial category states that stores and commercial services established to serve residents within a few blocks radius may be considered compatible, and therefore appropnate, when located adjacent to residential land -use categones See Decision Guidelines 6 1 11 and 6 1 13 Heavy mdustrial_uses are generally_considered incompabblein Major Commercial areas Multiple -use clustenng propos9ls complimentary to existing or proposed commercial development are encouraged in such category when they share physical facilities and amenities, and enhance the cost - effectiveness of utilities or transportation Compiehensive 21 w, Decision Guidelines 6 1 7 and 6 1 9 Light industry is considered acceptable m the Ivlajor Commercial category, if it is compatible and designed to complement existing and future commercial activities, such compatibility is assured through appropnate development covenants, and it is located within or adjacent to a residential community or regional commercial shopping center Decision Guideline 6 1 2 Compatibility between commercial uses and adjacent land use categories is to be accomplished through the orientation of structures and facilities to maintain or approve aesthetics and energy efficiency in the proposal, and through buffenng and landscaping Decision Guideline 6 1 1 Like the Industnal category, the Major Commercial category strongly recommends consistency with adopted public and utility infrastructure policies and regulations, such as sewer, water and drainage, m approving development in such category The Major Commercial category is implemented by the B -1, B -2 and B -3 zones set forth in the County Zoning Code The B -3 zone is the most intensive commercial zone, and is intended to provide for the location of a wide range of retail and service activities, and to HE Findings, Conclusions and Decision ZE -37 -96 Page 12 A implement commercial development along Pnncipal Artenals or highways and establish regional- serving commercial areas See Zoning Code 14 628 100 The northerly portion of the site abuts the Urban category of the Comprehensive Plan on the north and west The Urban category is intended to provide the opportunity for a "citylike" environment, which includes various land uses, residential development and a high level of public facilities and urban services It is pnmanly a residential category of single - family, two - family, multi - family, and condominium buildings along with some neighborhood commercial, light industrial, and public and recreational facilities The Urban category recommends a residential net density range of 1 -17 units per acre The more intensive uses in the Urban category, such as light mdustnal and neighborhood commercial, would typically be located near or along the heavily traveled streets The least intensive single- family residential uses should be isolated from the noise and heavy traffic, and multifamily structures will usually be a transitional use located between single- family residential and the more intensive areas Major commercial uses and heavy industrial are discouraged See Comprehensive Plan, Section 1, "Purpose" and "Detailed Definition" The I -2 zone is not intended to implement the Urban category The only industrial zone that can reasonably implement such category, in certain limited circumstances, is the Industnal Park (I -1) zone See Zoning Code 1'4 630 100 The only business zone m the zone that can reasonably implement the Urban category is the Neighborhood Business (B -1) zone The applicant has not proposed either such zone The Staff Report, prepared by the County Division of Building and Planning, and the County Division of Long Range Planning tended to support application of the transition policy to the south portion of the project, but not the north portion of the project The Division of Long Range Planning; as well as the County Parks and Recreation Department, generally opposed thc,, proposed rezone because it did not provide a sufficient mix of uses, including residential uses which could be served by the proposed County Park and the shoreline area Visual unpactsIo the shoreline from mdustnal building were also an expressed concern Such agencies contended that the applicant should wait until the County completed its planning process under the Growth Management Act, including the preparation of a new Comprehensive Plan Because of the general nature of the conceptual site plan for the project, the range and high intensity of uses possible under the I -2 zone, the need to determine compliance with the County Shoreline Master Program and County Cntical Areas Ordinance, and the need to determine compliance with all development standards and conditions of approval, that each phase of the project be subject to detailed site plan-review through the public hearing process The only area of concern to the Examiner in the south portion of project with regard to application of the transition policy is with regard to the intensity and types of business park uses located along or near the nver, east of Mirabeau Parkway Some of these uses as illustrated are located within the 250 -foot wide npanan buffer and the 200 -foot wide shoreline area The Examiner agrees that it would be beneficial to require review of the uses developed m this area under the I -2 zone through the public hearing process, as a change of condition, considering their proximity to the shorelines and npanan buffer Some uses allowed in the I -2 zone would be too intensive to be located in this area The Examiner does not agree with the applicants that the HE Findings, Conclusions and Decision ZE -37 -96 Page 13 Examiner lacks the authonty to impose the pubhc hearing requirement The purpose of the binding site plan process is to allow the division of industnal and commercial land, not to control zoning The Examiner also finds that the rezone proposed in the north portion of the site could allow the development of uses which are too intensive to be located adjacent to the DNR conservancy land and the proposed County park land zoned RR -10, or promote strip commercial development along Euclid Avenue Considering the type of I -2 zone uses suggested by the applicants in this area, the Examiner finds that limiting the development in this area to those uses allowed m the I -2 zone, which are also allowed m the I -1 zone, would generally accomplish the applicants' stated plans for this area, and provide needed transition between the I -2 zone located along the north side of Mirabeau Parkway and the DNR land and the proposed County park The I -1 zone can implement the Urban category The Examiner has not imposed I -1 zone development standards on such uses, considering the proximity of such uses to the 1-2 zone on the other side of Euclid Avenue The record indicates that there is ample residential development m the area west of the site already, pnmanly along Pines Road and Mansfield Avenue to the west See testimony of Chns Ashenbrenner Significant residential development is also located north of Trent Avenue in the general area A representative for the YMCA testified that it relies on exposure to business to support use of its recreational facilities See testimony of Richard Wallis Residential development of the site is also hampered by the proximity of the site to the Kaiser Aluminum rolling/processing plant located across the nver In authonzing I -2 zoning for the project, the Examiner also considers the trade -off provided by the applicant's offer to dedicate 10 -11 acres to the County Parks and Recreation Department, and the setting aside of 33 -44 acres as natural open space -.--" Theyxarm neilias-added- conditicfs of approval requiring thatthe dpplicaiit clodit,ater.the proposed park land to_the County and reserve the proposed natural area, in consideration of the habitat plan prepared for the project, the impacts disclosed m the project EIS, and as mitigation for the impact that I -2 zoning will have on the Urban Natural Open Space designated on the site Detailed review to consider compliance with applicable County zoning standards will be administrative, except as discussed above The proposal makes adequate provision for the impact of the project on the area road system, and other pubhc infrastructure The Heanng Examiner has no authonty or reason to require the applicants to make further contnbutions to the road system, or to require reimbursement to others for the contributions that they have made to the road system serving the project The Examiner has reviewed the environmental documents and concludes that the EIS adequately discloses the probable, significant adverse environmental impacts of the project, the mitigation for such impacts, the alternatives to development of the site As conditioned, the project will not have more than a moderate effect on the quality of the environment. The procedural requirements of the State Environmental Policy Act and the County's Local Environmental Ordinance have been met HE Findings, Conclusions and Decision ZE -37 -96 Page 14 • C Conditions m the area m which the roperty is located have changed substantially since the property was last zoned In applying the changed circumstances test, courts have looked at a variety of factors, including changed public opuuon, changes m land use patterns in the area of the rezone proposal, and changes on the property itself The Zoning Code references changes m "economic, technological or land use conditions" as factors that will support a rezone Spokane County Zoning Code Section 14 402 020 (2) Waslungton courts have not required a "strong" showing of change The rule is flexible, and each case is to be judged on its own facts. Bassani v County Commissioners, 70 Wn App 389, 394 (1993) Recent cases have held that changed circumstances are not required for a rezone if the proposed rezone implements policies of a comprehensive plan Biarnson, at 846, Save Our Rural Environment v Snohomish County, 99 Wn 2d 363, 370 -371 (1983) As discussed above, the proposal, as conditioned, generally conforms with the Comprehensive Plan There is also ample evidence of changed conditions in the area to support a rezone of the site See Exhibit E, and testimony of Cathy Ramm Among the most significant changes are the demise of the Walk in the Wild zoo, the development of the Spokane Valley mall to the south and other commercial development south of the site, road improvements to Euclid Avenue/Mirabeau Parkway and its extension to Indiana Avenue, the planned Evergreen Road/I- 90 interchange, improvements to Indiana Avenue, the availability of public sewer to the area, residential growth in the Spokane Valley area, and recent zone changes along Pines Road and south of the site IV. DECISION ° Based on .re F indings of_Fact and Conclusions above, the above applicat&on for a zone, reclassnficatio*n 4$ hereby approved, subject to the conditions of the various public agencies specified below Conditions of public agencies which have significantly been altered or supplemented by the Examiner are italicized Failure to comply with the conditions of this approval may result in revocation of this approval by the Hearing Examiner This approval does not waive the applicant's obligation to comply with all other requirements of other agencies with junsdiction over land development SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING 1 All conditions imposed by the Hearing Examiner shall be binding on the "Applicant," which term shall include the developer (s) or owner (s) of the property, and their heirs, assigns and successors 2 The zone change applies to the following real property That part of the North '/2 of Section 10, Township 25 North, Range 44 EWM, Spokane, Washington described as follows The North 300 00 feet of the East 280 00 feet of the West 'A of the Northwest's the North 300 00 feet of the East '/2 of the Northwest '/4, the North 300 00 feet of Government Lot 2 lying HE Findings, Conclusions and Decision ZE -37 -96 Page 15 westerly of the westerly nght -of -way line of the Inland Empire Co Railroad, as shown on Record of Survey, Book 45, Page 78, Except Mirabeau Parkway as recorded under File No CRP 2762, Spokane County, Washington, AND that part of the East 'A of Section 10, Township 25 North, Range 44 EWM, Spokane County, Washington descnbed as follows The South % of the Southwest 1/4 of the Northeast 1/4, Except the West 200 00 feet, Government Lot 3 lying southerly and westerly of the southwesterly nght -of -way line of the Inland Empire Co Railroad as shown on Record of Survey, Book 45, Page 78, Except the North 'A of the North %2 of said Government Lot 3, and that part of the Southeast 1/4 lying north of the northerly nght -of -way line of the Union Pacific Railroad, Except Mirabeau Parkway as recorded under File No CRP 2762, Spokane County, Washington 3 The proposal shall comply with the Light Industrial (I -2) zone, as amended 4 The proposal shall be developed substantially in accordance with the conceptual plan dated April 29, 1999 and submitted on April 29, 1999, except as modified to comply with conditions of approval and applicable development regulations Development of the northerly 17 3 acres of the site under the 1-2 zone is limited to those uses which are either permitted outright or by conditional use in both the 1 -2 zone and the Industrial Park (I -1) zone A public hearing review by the Hearing Body is required prior to any site development of those uses proposed along the northerly boundary of the south 88 S acres of the site located east of Mirabeau Parkway, to determine the suitability of the use with respect to its impacts on the adjacent shoreline and riparian buffer areas, the Centennial Trail, and compliance with applicable development regulations The detailed site plan presented at a subsequent hearing must address all conditions of approval imposed by the Hearing Body Any significant changes must be approved through the change of conditions process conducted pursuant to a public hearing 3 ' — A ppro—val is required from the Director of the Division of Building—and PI :nr' g /designcc- J of a specific-lighting and signing plan for the described property prior -to the release of any building permit 6 Direct light from any extenor area lighting fixture shall not extend over the property boundary 7 A specific landscape plan, planting schedule and provisions for the maintenance acceptable to the Director of the Division of Building and Planning/designee shall be subnutted with a performance-bond or other suitable guarantee for the project prior to release of any buildings permits Landscaping shall be installed and maintained so that sight distance at access points is not obscured or impaired 8 The Division of Building and Planning shall prepare and record with the Spokane County Auditor a Title Notice noting that the property m question is subject to a variety of special conditions imposed as a result of approval of a land use action This Title Notice shall serve as public notice of the conditions of approval affecting the property in question The Title Notice should be recorded within the same time frame as allowed for an appeal and shall only be released, in full or in part, by the Division of Building and Planning The Title Notice shall generally provide as follows HE Findings, Conclusions and Decision ZE -37 -96 Page 16 — tA 0 7' , The parcel of property legally described as is the subject of a land use action by a Spokane County Hearing Examiner on June 9, 1999, imposing a variety of special development conditions. File No. ZE -37 -96 is available for inspection and copying in the Spokane County Division of Building and Planning. 9 The applicant and proposal shall comply with the Spokane County Cntical Areas Ordinance as amended The site plan presented at time of building permit shall illustrate the required 250 - foot riparian buffer area from the Ordinary High Water Mark (OHWM) of the Spokane River 10 The applicant shall comply with and implement the recommendations contained in the Mirabeau Point Habitat Evaluation and Management Plan, with regard to the project site and the off -site portions of the 229 -acre Mirabeau Point development This includes, without limitation, reservation of the central natural area of the development, provision for avian buffer zones, and dedication of 10 -11 acres of park land to Spokane County The timing of such dedication of park land shall be determined by the County Parks and Recreation Department, after consultation with the applicants and the Division of Building and Planning 11 The Division of Building and Planning shall consult with the Washington State Department of Wildlife in implementing the habitat management plan for the Mirabeau Point development 12 The proposal fall under the jurisdiction of the Washington State Shorelines Management Act, RCW 90 58, and the Spokane County Shorelme Master Program, WAC 173 - 19-400 The applicant is advised that one or more shoreline permits may be necessary for development within the shorelines 13 - --The Division of Building and Planning shall prepare and record with_t1ie -Spol' e- Cbunty Auditor a Title Notice; which shall generally provide as follow - "Prior to the issuance of any building permit for any building or any use on the property described herein, the applicant shall be responsible for complying with the provisions of the Zoning Code for Spokane County, Section 14 706 (Aquifer Sensitive Area Overlay Zone) The property wluch is the subject of this notice is more particularly descnbed as follows. SPOKANE COUNTY DIVISION OF ENGINEERING Prior to issuance of a building permit or at the request of the County Engineer in conjunction with a County Road Project/Road Improvement Distract, whichever comes first 1 The applicant shall dedicate 54 feet in width extending from Mirabeau Parkway west to the western property boundary of this proposal on the new Mansfield alignment for nght of way, this dedication may be required anytime after the first building permit is issued which vests this zone change 2 The applicant shall dedicate 48 feet on all internal public roads other than Mansfield HE Findings, Conclusions and Decision ZE -37 -96 Page 17 Avenue for nght of way 3 The applicant shall dedicate the applicable radius on Mansfield Avenue and Mirabeau Parkway 4 Access permits for approaches to the County Road System shall be obtained from the County Engmeer 5 Access permits and improvements to all State facilities must be approved by the Washington State Department of Transportation (W S D 0 T ) 6 The applicant shall be responsible for the construction of a signal at Mansfield and Mirabeau Parkway when signal warrants are met Incremental traffic analysis reviewing signal warrants at this intersection is required at time of building permits 7 The applicant shall submit for approval by the Spokane County Engineer road, drainage and access plans 8 The applicant shall subnut for approval by the Spokane County Engineer and the Spokane Regional Health District a detailed combined on -site sewage system plan and surface water disposal plan for the entire project or portion thereof if the development is phased 9 A parking plan and traffic circulation plan shall be submitted and approved by the Spokane County Engmeer The design, location and arrangement of parking stalls shall be m accordance with standard engineering practices Paving or surfacing as approved by the County Engineer will be required for any portion of the project which is to be occupied or traveled by vehicles --10_ Spokane County-has approved the creation/formationa Road Improvement_Dismct No 5-:3 _ (County Resolution No 99- 0311), to improve Mtrabean/Fuciid_taa three lane artenal beg,nn,ng at Pines Road and continuing easterly to a point constructed by County Road Protect No 2730 The applicant shall be responsible for the construction of a standard Spokane County Standards for Road and Sewer Construction sidewalk at the time of each building permit 11 In addition to the base financial contribution toward the Evergreen Interchange Spokane County purchased reserve capacity above the public participation requirement on Evergreen Interchange Spokane County invested 2 1 million dollars, this capital investment will require the applicant to execute a Developer Agreement for transportation fees to be approved by the Spokane County Board of County Commissioners pnor to the issuance of any buildmg permits This development agreement is pursuant to RCW 43 21C 060, RCW 82 02 020, and Article XI of the Washington State Constitution which provides the County with the authonty to impose mitigation fees for the costs of certain road projects made necessary by development, provided the County has identified future road projects necessitated by planned development m certain areas of Spokane County and is enacted through conditions of approval of a land use action including a State Environmental Policy Act review, where a reasonable relationship between impacts to the transportation system from the proposed development and the financial contribution are roughly proportional Tnps generated by this proposal as detailed m the Mirabeau Point Environmental Impact Statement warrant financial participation in the Evergreen HE Findings, Conclusions and Decision ZE -37 -96 Page 18 9 i • Interchange The Washington State Department of Transportation has other transportation infrastructure improvements also required based on impacts as discussed m the Mirabeau Point Environmental Impact Statement affecting State facilities all could be addressed through the formation of a area wide SEPA Mitigation Area for transportation 12 The construction of the roadway improvements stated herein shall be accomplished as approved by the Spokane County Engineer 1 The County Engineer has designated a three lane Special Roadway Section for the improvement of Mansfield west of Mirabeau Parkway which is to constructed within the proposed development This will require the installation of 46 feet of asphalt Curbmg and sidewalk must also be constructed 2 The County Engineer has designated a Commercial Local Access Roadway Section for the improvement of all other public roads within the proposed development This will require the addition of approximately 40 feet of asphalt Curbing and sidewalk must also be constructed 3 All required improvements shall conform to the current State of Washington Standard Specifications for Road and Bridge construction and other applicable county standards and/or adopted resolutions pertauung to Road Standards and Stormwater Management m effect at the date of construction, unless otherwise approved by the County Engineer 4 Per the Final Environmental Impact Statement for Mirabeau Point under response #13 to Letter No 7,(i e Steve Stairs Memorandum dated November 18, 1997), the following additional condition is requested If the build -out of this project does not occur pnor to December 31, 2006, the traffic study shall be updated 5 - Roadway standards, typical roadway sections aria drainage_plan rcqu: ements,are our in Spokane-County RPsolut on No 95 -0498 as anended_and are appl,cab! t, ti-al 6 The regulations of the National Flood Insurance Program shall be observed since the proposed development is affected by a flood hazard zone A development permit shall be obtained from the County Engineer before construction or development begins within any area of the special flood hazard zone (reference Spokane County Ordinance 80 -0726) 7 No construction work is to be performed within the existing or proposed nght of way until a permit has been issued by the County Engineer All work within the public road right cif way is subject to inspection and approval by the County Engineer 8 All required construction within the existing or proposed public nght of way is to be completed prior to the release of a building permit or a bond in an amount estimated by the County Engineer to cover the cost of construction or improvements shall be filed with the County Engineer 9 The applicant is advised that there may exist utilities either underground or overhead affecting the applicants property, including property to be dedicated or set aside future acquisition Spokane County will assume no financial obligation for adjustments or relocation HE Findings, Conclusions and Decision ZE -37 -96 Page 19 m � � 4 • regarding these utilities The applicant should check with the applicable utilities and Spokane County Engineer to determine whether the applicant or utility is responsible for adjustment or relocation costs and to make arrangements for any necessary work 10 The applicant shall grant applicable border easements adjacent to Spokane County Right of Way per Spokane County Standards SPOKANE REGIONAL HEALTH DISTRICT 1 Sewage disposal method shall be as authonzed by the Director of Utilities for Spokane County 2 Water service shall be coordinated through the Director of Utilities for Spokane County 3 Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health 4 A public sewer system will be made available for the project and individual service will be provided to each lot pnor to sale Use of individual on -site sewage disposal systems shall not be authonzed 5 Use of private wells and water systems is prohibited SPOKANE COUNTY DIVISION OF UTILITIES - 1 - A wet (live) sewer connection to the cued -wide public. Jvwei system Tail be LonsLtucted A sewer- connectidn permit is required Applicants far corumer:,ta: p,..r. i shall. submit historical .ter +. t ti. the •nn •n.�nFa ^f the f�/� ..�.oi.tZn++ �+n.+.�..+ ... .�...i.._ a.. �a a..•f� 1. and/c1 estimated water usage poor to the •.isu ce c he con ect cr �feaa :t an video esLah/ sewer fees 1 W 2 The applicant shall submit expressly to the Spokane County Utilities Division "under separate cover" only those plan sheets showing sewer plans and specifications for public sewer connections and facilities for review and approval Commercial developments shall submit histoncal and/or estimated water usage as part of the sewer plan submittal 3 - Sewer - plans acceptable to the Division of Utilities shall be submitted pnor to the !ssuance of the sewer construction permit 4 Security shall be deposited with the Division of Utilities for the construction of the public sewer connection and facilities and for the prescribed warranty penod Security shall be m a form acceptable to the Division of Utilities and in accordance with the Spokane County Sanitary Sewer Ordinance 5 Any water service for this project shall be provided m accordance with the Coordinated Water System Plan for Spokane County, as amended HE Findings, Conclusions and Decision ZE -37 -96 Page 20 0 SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY 1 All air pollution regulations must be met WASHINGTON STATE DEPARTMENT OF TRANSPORTATION 1 The applicant shall design, fund and mstall to WSDOT standards a left turn lane along with all other needed components (illumination, sidewalk replacement, etc) on Pines Road to serve Euclid Avenue both westbound and eastbound This left turn lane shall be constructed as part of the first phase of this development to allow safe and efficient access to and from Euclid for this development Pnor to the release of building permits for this development, the applicant shall enter into a WSDOT developers agreement for this improvement and prepare an intersection plan for WSDOT approval The applicant is also aware that the construction of this left turn lane requires that the applicant obtain additional nght of way which is controlled by others 2 In order to adequately accommodate drainage as a result of the widening for the left turn lane, the applicant shall grant WSDOT a permanent drainage easement on this site This easement area shall be of sufficient size to treat the stormwater per Spokane County standards and be accessible by truck for maintenance These drainage plans will need to be reviewed and approved by WSDOT prior to construction of these drainage facilities 3 The applicant shall design, fund and mstall to WSDOT standards a traffic signal at the Pines Road and Euclid Avenue intersection This traffic signal shall be installed when signal warrants are met and when traffic volumes necessitate its mstallation Pnor to the release of Wilding permits for this development, the apphicani a surety bond -to WSDOT m ant, amount acceptable to WSDOT for the mstallation of this signal - - 4 The applicant shall construct sidewalk along the property frontage adjacent to Pines Rczd, and reconstruct the sidewalk where it is to be removed as a result of the left turn lane 5 As a result of the left turn channelization, the one proposed direct access to Pines Road will be for nght turns in and out only No left turns will be allowed 6 The proposed pnvate access to Pines Road requires that the applicant obtain a WSDOT Road Approach Permit for the intended site use HE Findings, Conclusions and Decision ZE -37 -96 Page 21 DATED this 17t day of August, 1999 SPOKANE COUNTY HEARING EXAMINER Michael C Dempsey, WSBA #82 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to Spokane County Resolution Nos 96 -0171 and 96 -0632, the decision of the Hearing Examiner on an application for a zone reclassification and accompanying SEPA determination is final and conclusive unless within ten (10) calendar days from the Examiner's wntten decision, a party of record aggrieved by such decision files an appeal with the Board of County Commissioners of Spokane County, Washington However, RCW 36 70B 110 (9) indicates that administrative appeals of county land use decisions and SEPA appeals shall be filed with the board of county commissioners within fourteen (14) calendar days of the date of the decision This decision was mailed by certified mail to the Applicant on August 17, 1999 DEPENDING ON VVHICH APPEAL PERIOD REFERENCED ABOVE LEGALLY APPLIES; THE APPEAL CLOSING BATE-IS EITHER-AUGUST 27,1999 OR AUGUST- 31, 1999. The complete record in this matter including this decision, is on file during the appeal period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West Broadway Avenue, Spokane, Washington, 99260 -0245, (509) 324 -3490 The file may be inspected dunng normal working hours, listed as Monday - Fnday of each week, except holidays, between the hours of 8 00 a m and 4 00 p m Copies of the documents in the record will be made available at the cost set by Spokane County HE Findings, Conclusions and Decision ZE -37 -96 Page 22 • SPOKANE COUNTY HEARING EXAMINER RE Zone Reclassification from Rural ) Residential -10 (RR -10) Zone to ) Light Industnal (1 -2) Zone ) Applicant Inland Empire Paper Co ) File No ZE -37 -96 ) ORDER CORRECTING CLERICAL ERRORS L SUMMARY OF CLERICAL ERRORS II. On August 17, 1999, the Hearing Examiner entered a final wntten decision m the above matter The decision erroneously included Washington State Department Transportation (WSDOT) conditions of approval recommended for a different project The correct WSDOT conditions of approval are contained m a letter dated June 9, 1999 from Greg Figg of WSDOT to Tammy Jones of Spokane County Planning re Mirabeau Point Rezone (Revised) (ZE- 37 -96) file The decision also contains an error in the numbermg of County Engineering conditions # 13 -22, which are erroneously numbered #1 -10 after the first 12 conditions ORDER The Hearing Examiner Findings of Fact, Conclusions of Law and Decision entered on August 17, 1999 m the above - entitled file is hereby revised to delete the conditions of approval listed for the Washington State Department of Transportation m such decision, and to add the conditions of approval contained in the letter dated June 9, 1999 from Greg Figg of WSDOT to Tammy Jones of Spokane County Planning, re Mirabeau Point Rezone (Revised) (ZE- 37 -96) Such conditions are hereby adopted and incorporated by reference herem Such decision is also hereby revised to renumber the ten (10) County Engineering conditions appearing after condition #12 as conditions #13-22 The appeal period indicated m the decision is not modified by this order DATED this 18th day of August, 1999 SPOKANE COUNTY HEARING EXAMINER Micha 1C Dempsey, WSBA #8 HE Findings, Conclusions and Decision ZE -37 -96 Page 1 RECEIVED MAR 2 4 1999 SPOKANE COUNTY ENG' FE SPOKANE COUNTY NOTICE OF APPUCATIO TYPE III DIVISION OF BUILDING AND PLANNING This Notice of Application is being provided to affected agencies and owners /taxpayers of property located within 400 feet of a proposed land use application received by the Spokane County Division of Building and Planning This notice is to advise you that the land use application may affect you and to invite your comments on the project Written comments may be submitted by any person regarding this project and the environmental review (SEPA) process All comments received by April 5, 1999, will be considered by the project planner prior to preparation of a staff report and recommendation of a decision to the Hearing Examiner Comments will continue to be welcomed up through the public hearing The project file may be examined between 8 a m and 4 p m Monday through Friday, except holidays, in the Building and Planning Division of the Public Works Building, 1st Floor Permit Center West, 1026 West Broadway, Spokane, Washington If you have questions, you may call the project planner at the phone number identified at the end of this notice Please reference the PROJECT FILE NUMBER(S) in all your communications PROJECT FILE NUMBER(S) 1(19.6 PROPERTY OWNER AGENT Inland Empire Paper Co 3320 N Argonne Rd Spokane, WA 99212 Ramm and Associates, c/o Cathy Ramm 25 S Altamont Spokane, WA 99202 (509) 534 -8159 PROJECT DESCRIPTION Zone reclassification from Rural Residential -10 (RR -10) to Light lndustrial (1 -2) on approximately 105 8 acres for recreational /community facilities, a business park, limited commercial uses, and those uses allowed in the Light Industrial (1 -2) zone PROJECT ADDRESS AND LOCATION South of and adjacent to Euclid Avenue, north of Indiana Avenue, southwest of the Spokane River and approximately 1000 feet east of Pines Road (Hwy 27) in Section 10, Township 25 North, Range 44 EWM, Spokane County, Washington DATE APPLICATION SUBMITTED June 6, 1996 Type 111 Ntc of App /rev 10 -8 -97 Page 1 of 2 DATE APPLICATION ACCEPTED (DETERMINATION OF COMPLETENESS) March 23, 1999 COMPREHENSIVE PLAN DESIGNATION Rural EXISTING ZONING Rural Residential -10 (RR -10) ADDITIONAL PERMITS In order for the project to be developed as proposed, additional permits must be obtained including but not limited to Building permits, sewer connection permits and access permits ADDITIONAL STUDIES REQUESTED A traffic analysis, conceptual drainage analysis, and habitat management plan were submitted by the applicant and accepted by the reviewing agencies ENVIRONMENTAL DOCUMENTS A Determination of Significance (DS) was issued on August 30, 1996 A Draft Environmental Impact Statement (DEIS) was issued on October 2, 1997, with comment penod ending November 1, 1997 A Final Environmental Impact Statement (FEIS) was issued on June 12, 1998 DEVELOPMENT REGULATIONS The proposed project shall comply with the regulations and development standards identified in the Spokane County Zoning Code, Spokane County Subdivision Ordinance, Spokane County Critical Areas Ordinance, Uniform Building Code, Spokane County Standards for Road and Sewer Construction, Spokane County Guidelines for Stormwater Management and the regulations of the Spokane Regional Health District ACTION This project is subject to a future public hearing You will be receiving a Notice of Hearing which will be issued a minimum of fifteen (15) days prior to the public hearing A written report, including a staff analysis of the project and recommendation of decision, will be available for inspection seven (7) calendar days prior to the public hearing Participation in the public hearing is encouraged A copy of the Notice of Decision issued by the Spokane County Hearing Examiner which identifies the findings of fact, conclusion, decision and appeal rights will be provided to those individuals who testify at the public hearing and will be available to all others upon request ATTACHMENTS Please find an attached site plan and vicinity map for your review REVIEW AUTHORITY Tammy Jones, Associate Planner Spokane County Division of Building and Planning 1026 West Broadway Avenue Spokane, Washington 99260 -0050 (509) 477 -3675, extension #225 Fax (509) 477 -2243 Date Issued March 23, 1999 Signature kiiit 0 Type 111 Ntc of App /rev 10 -8 -97 Page 2 of 2 7vi=f: