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Agenda 08/28/2003 Pt 1 SPOKANE VALLEY PLANNING COMMISSION ION AGENDA Council Chambers - City Hall 11707 E. Sprague Avenue 6:30 p.m.-9;30]).HI. * * * August 28, 2003 * * * I. CALL TO ORDER IL PLEDGE OF ALLEGIANCE Ill. ROLL CALL IV. APPROVAL CF AGENDA V. APPROVAL CF MINUTES ■ August 14,2003 Draft VI. PUBLIC COMMENT VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT XI, COMMISSION BUSINESS A, OLD BUSINESS-- B. NEW BUSINESS- 1. Public Hearing -Annual Comprehensive Plan Amendments 2 Transportation Element Presentation 3, Comprehensive Plan-Public Participation Program X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF Fred Beaulac IV15rina Sukup,AICP Robert Blum Greg McCormick,MCP John G. Carroll Scutt Kuhta, AICP David Crosby Debi Alley Jiffiam Gothmann, Chair Gail Kagle Ian Robertson, Vice-Chair Www,spokanevalley.org CITY OF SPOKANE VALLEY Piannrng Commission August 28, 20D3 Nam 42. Address: ? J Agenda Item: e.,P4 � I For Proposal Opposed to Proposal • Neutral r Wish to Speak- Yes — No Df ring ikar L..ed • D IJFA 6.92.0 Spokane Vlly,' .-11‘ Tel, 5C 9 V3r.1 Agit 2 20;7;3 FiLa c-r% Ci.ty Cer trme hace ID':.:ject.l.or: to P12.73n043 ..L.•_.r )8 '10 1.1'11 n e Colintyt of , DISZel'.1,147i4r 7, 2(.:".::•r) FJ tu arivitack th ir c•okane ( t5 - tiery) "fAk; r iw 1. 3 t.gr, 1,0 ant • r:nter'S • 7.1;re of S1S ' $ 1t Or V.;1. ''.ititha rloc3 ner t r.) 6. ! I' 7.1 %rt :21 es 7,-Livp. i. . h . f• • 1- • Bruriback c..o:...tple s • ;.:•oke.rin y 1-..E‘c1 c;,-t-,•••ter r •Lnel cr. to Fri3a.:f Df Anc3 11:Ls Fr.r."1:3 p .c,-k--r4.1 irt;ak irhen us ii:P 1 • c-tn,r,i,E. bota '.1-ucks ?of-3 [..11-1.tA &tt irect. °cc.: fjt,1.5 st..- and Lrizil:tment 411. f Lf••.,? ' 2'2 • •• . , . I • •I • — nr.q. f f oti-we of;Publt^ Tie rt-;- sal -Ied M. :.,D5,7ua File No. CPA-03=0g. 3 Spol ne Valley, 4is. 99212 .Tel. + 509-926-2286 F_ AUt'.I t 2B, 2003 1V: Eacn City Depart hent :,his !.:-ay ;onneln ir_L;k;E c+: Objection IAo Planned Am "_drleni. tI MIs tv 'De consider d r 1. $poK'E?ne County, Invision of '-_L ?`ir.:,Z Letter, Dove:Tiber ?, 2100 AddTesFed to: Cid 3rumb.a< 6410 3orth Northwood 'Drive Spokane, WA 99212 Subject: NOTICE OF 7N "GAT1oN (8915 East or i±ot e:•y) 1. Pits is a School ?us Pit_Jtr3 ii. fir;" 'o T ruok''4 F,raffic sL r. (too lir i i?w:^sd) #. P.e. t l Trlchs rerj.-i to att ,J't. Fr:leay yv ntnil, until !,font' y morhir`•., Slim at C ed t. enfrez`kak' ..: `te t: • - re.YZt rs Y{s ;1•r ft in ,?te street 1/4 pie u 'B of Vie 5i0:11 ",S 3.nol-,'f ed , i..h.i.r le te3]'' of ol.:e[.t 3r 4:'i. :,Fie Planned Amendment—T. 6. Patro'l ve..hicies ?-gave rover ':.i- P': -&ta]. ,rH AA::l.es. ' r. Erurnback has completely i , v ..tt ':.prftarAph 41f` 1-.J`6 Spokane 'County invostic'Qi.Lin 1e ,7' , t`alt] '`e. . at-,F;r tru hs knot ia..'11EF"et ".rnok-6) avE, +. +-CE up parki:s.t every rii lir and on to Friday afternoon to M`,n3Lr :ncr`ry ±7 . driver' o• t.]+ U.S. Linen and Uri±Or!: t]:-.20k always parks his Ford r ck-un trtac:k all day Tv^.o77 he is rI,7_*v Ah,R ,'.n;: truck, (piO:are of both trucks ina2uded, The Ford pick--:a;s ;i::,:; : 'elate can •i• i•erot you to tat 04rs err.. c• Chit ahcl most 17Upc rt.hn . ,,.3 t...A P?,.,- ti-,1:c O a t`_red th eri t will further depr late tha V"eT 1! ::.` :y�,.. Rrse Jer:tai Property. ,nnr,l you fer `TP„l.LL 3:.' - ::ansa• "Grat4,.:n, I. P[ *-, ., xteld- _.. i, e'.� E 0U 11 . ' I >r lid. . ;'fit � � - LSKYN r 'esti&i N1PRu A laTV13ICN OF #!E YL#$LPC t C9E'...1MtNT �,ha-tiAFi ghRCtr41. GAR). MEL DIRK-MR 1 eceint..N. 'I. 2000 iii North Northwood Drive Spokane, WA 99212 RE: NOTICF. OP INVESTIGATION (8915 East Montgomery) Dear Mr. 3rumhack: �.. Spokane CDunty has received an iinterdeprartirt}.Intal tnfsrrai regarding conditions or your property that d n:;• cohmpiy with the county codes and crdhnances enforced by the Division of Planning. Tie; , 1etral state that equipment associated with your rental. business is being regularly stored within Ore County right-of-way adjoining your property, This is specifically prohibited by the storage standards of the Commonly Business (B-3) zone. The applicable provision of the Zoning Code (Section 14.628.355) states: 14-428 3 5 4t,rarix dal c 5 ,�3It ,teritl;e on tih prem_isc shall be sneultnow rki,rn a cotrip1e'l !y erciosed bualin or behind Sight-obscuring ming. Storage will riot occur within any required rar flank ng stool yard nor in asry public street or marl ri;rlt f ay rnobi1es, recreational vehic,let and other vehicles or rn .irIery normally displayed for sales parposefi tars .r. rapcm 101 m y be so displayed. The purpose of this letter is to advise you of these code requirements and to request that appropriate action he initiated to corred the above noted kirE latson on or before Oecem it r 2E, 2000, Alternatively, you :ray, submit a written schedule for compliance to this office, which may be accepted if found to be reasonaUle. if we receive no response by the date noted above the Notice of Violation will be recorded against your property and the 'Fite will be sent to the Spokane County Prosecutors Office for legal action. The prosecutor is autflottzed by the County Zoning Code to pursue the following penalties: • nit hiy. _ {sf•4 m eg# _I['Cn. w: Y!f?�474Y*5. "ME, ,s enforcement of, any of the provu, of this Code or, condi—it—tons cf appnvr t epc l by actions of tiw Bcart, CocrUnisston, Hearing Early or the D p rbrierst shall be LrU tv sEa rxiisdorni-nor and shall be punished by imprisonmeilt fn the County POI Far z, maximum ivrct Fixed by tiller court of riot more dh.,tr! gnat}' SO days, or by ri fare in an amount facet! by the court of not coon than one thousand (1.000) dally, or 1.K.44 such irnpr:;,sonment and Erne. Seth day the a vtulahion is permitted to slmil•Drs Brute a separate offense Your i ocperatiort will be appreciated, Yours in. anticipation, James Richardson Associate Planner 471-7161 Kati W. BROADeV:f + .5ANY WA.-1.010101.1 Waci-m2l] PHONE: {5 Y) 471-71.7p * 1 h (519,1•I77-.7.243 + MTh (.911)477-7111. h A 1 ,i . .,,.... .-... 4I •} ___....._ ___ ,.._ .1., ,., ,..A ._,._1,_ ,.i.,::,. __ _ -S - v.� 'k , °+ , .' ,. y ' .._..�--1'41,:':;:C14,;„:.,7 4I ''14,l • iii ~._4. • -- r)r4mr• i3; r'L i_k.7;4 A DtV:sini,i of rite i 'tiL-?r- -pi-,;..ti i3k.mi£I:*.1FN-r ,'vli,C:F1,;CI V.NEE-CH-LAM, r}ir?KTOIi C F+1zY tA1-=R,i. T1lkicfini C:: t3rum bac k iDece1iru'r 7, 2000 �1O North Northwood Drive Spokane. WA 99Z12 RE: NOTICE OF INVESTIGATION (8915 East Ulorrtgom€ ry Dear Mr. Srumb.aek: Spotcane County has received an interdepartmental referral regarding conditions on your property that �� do net ^amply with the county ccdei and ordinances enforced try the Division of Manning. The referral states that equipment associated with your rental business 1E- being regularly stored within the County fight-of-way adjoining your property. This is specifically prohibited by the storage standards of ttre Community Business (B- ) zone. The applicable provision of the Zoning Grade (Section 14 623.355) states: 14,628.355. ,„ SStora,v.Standards All storage on the premises shall be irialrnfa tud utthin a completely enclosed buildm or behind sight•obsc ,trtztg fencing. Storage will not occur within any required front or _flanking street yard tzar in any public street or 1'aa,,'t rlg;.4tt'-ca£-,ray Automobiles, recreational ~relit li :tri Lrthei vehicles or machinery normally displa i for sags purposes or. 5 rz open tot may be so displayed. The purpose of this letter is to advise you of terse code, requirements and to request that appropriate. action be initiated to correct the above noted violation u:I or befvie De Iii er 28, 200. Alternatively, you may .I;hiilit a writer scheda.rle for corrla;iancc 10 this offim which may 1>e accisi to d if fciunri to F. ;Yas.1ri rale: l4 we: receive no response by the date noted above the Notice of Violatic,, will he evcori,lefl against your property and the file will be sent to the Spokane County Prosecutors Office. for iCaidil eL i The prosecutor is authorized by the County Zor!irig Code to pursue the Mowing r,-�P,alties. 14,4ok -- yioXaticm. A Mi,-00 steam -AM" ..PVtWtkr. tji'n, 'n r , :twin 'MVP_ i,irst, ,er}liawe 4±.rt.ATtr,,,,-t poJ�c r-,r sx - y -.-Lw }!, 2.-t---+u€+r*- `' _- exth rcenieni. of, an.y of the provlsiuns of fins Code or conr,Gtioa tof approval imposed by aceons of the Board, Co.r zni oc 1-leering Body or the Depannient shall be guilty or a utisc tit,..r-io.-:and skII; bi'punished by imprisonment in time County,fall Fora maxim= tere'i fixed by the cert of rat more thee, LL. 1901 days or to .r fie h ars mount Famed by the court of not mare than one thousand (WOO) dollan, or both such im'pri...' !Ikea [L:4 fAaaLlt o day rima a violation 1$ permitted to rust sha constitute a separate offense. Your c;raoper'atiorr will be appreciated. Yours L :-i• .,tr+ n, +yri — J at'n'i i'kiL:t.,ardsori s)oi 4. iIai4ner 477-7161'2 D v;,k'r - .1 ...-mc.992,so-ezm "Y} Y q 1D& t 9]477_773{ 7 I . Jif F� ,I a•a A_ 1 4 1 IJj • • • dis7Ae J r'1 .tti 4til Aor4isi it: :•ii: .� ..d.. V'i'' •..Jw¢r;}{ip (V'r '�7l{ I,4EL V fVk'',;T.i!-LAM i5t crt:FS71;_ GAM L'1 €.. CY3rEti:•f47k C``r ur"riiilback Deeeeirsrgr ', 2000 o41 North Northwood wood Drive Spokane, WA 992.12 RE, NOTICE OF INVESTIGATION (3915 6:asl Montgomery) tJear Mr. 6rurt beck: Sp, ha'ie County ha received ar interdepattmentai r-afermi regar'dirrcJ cpr;dYtiOns rn your property that c# lot ournply yirer the county codes and or inar (inforoed by the Division of 'PIannfrig. The r;re,• 1 stales that equipment assOnieted lh VJur uer.tal business is heing regularly Cored wEthirl th Coupty ri t"rt. f•wsly adjoining your property, This is specifically prohibited by the storage standards or the Commu,iit.y Business (B-3) . ore. The applicable provision) of the Zoning Code (Section 14.628.355) states: Stooge Siasisiards Ail itortage astir the pr mt es shall maintained ,�,t]`r,;, 3 Lon►plr t I.; crmelo5e41 building or '_- Materl sight-obscurant r: r�cic g. Scor• ge wilt rwt occur within atxy f7ctnt ,• r IlarikIng street yard tlo' in any public street or road ri;hr:'vt-4..isy. Automobiles, ecreabon, i and utll •a• tirehkk-s rnadurejv na.rnottly dhcplmyed kr sales `JiA:pos on kin open lot may 1X 51P displayed, The purpose of this letter is to advise you of these r de requirements and to request ttl: t appropriate Aaron be `rniliateril to correc,1 the above noted violation on or before December 213, 2000. Alternatively, you may :;i.,mit a wi1tten schedule for r,"ornpliance fir,} this office, which may be accepted if found to Lie rens 1 iabio. If we receive no response by be :fi.rAte noted' above the Notice of Violation will oe recorded ega'alst your property and the file watt bo erlt to ;ii Spokane County Fr Proser-,utors Office for legal aCticin The prosecutor is authorized by the County Zoning Code b pursue the FoliOwi rg penalties: 3 �Clfi ice+] Yii!4S'kloit,A • e4ncr. - - -As+Y---Pf:rellorataxii sot r3u "spt'c.-=>� 'i-m . cnforceinent af, any cif the fsrolrigisaas cf this CQdt•ur�neiitk3it et appriuval inipt-EstO by actions of the Boa. C+ irunis it n, Iieiaring Body car the Department shall be g+ailf'y orf a rni5demearor shall.h rrrui+sheer Fry imprisonment a the Cburrty Js. faa`4 11140irm1th herrn fixed by the each of not mare titian r,rely ) days or by a fine in an amount fixe by die... ei,r't ,f n;t more than we thousand 04100) da mor. kry, batik itch irttisvis.$nrtent aridfate_ EAch. day i ,t a vialailica is p ittad to exist shut)ti r;stit t {Separate offense. Your r,:)aper-a`kion wail be appreoiateol. Yours in anthApation, ,James Richardson r21.s::i.jeIate Planner T'T-7i$0 t(rs 4n Lahr.DWAY •S►r:aI NF., wAswrsG.70•N 9a260.02N3 n>- s! [fir X1:7.7 • : x r ou)477-224.1 + Ton: {3U4'} ,477-7133 Vicinity Map r - r wo Pre�esi�k _� 1Stah ±r4deric MEW 17.___„:111112.-MMI I 102 . - $rrY6B4t` --(0 -4-°11:1211111111 . M i I !wood ll pp 1 slell-3irniallgr111170 11110111117111 0-01-MIAMIMPtait - . 1110011110 iiiiaL' ■111111 1f11i 1 1 4 L: 2_ 11111111111111111111111111111111 win Wffinal1141 i- ' . __ imolai'. I' Nh _ din or r fig, . .4 Nommom ___:.. .,,,A0/104.___. al -11“_k ! Site � - s 111 �7.If 111ifM■ T ---_,_ it.. E-MEN it gm 111,-.110" c +` !� 1111M11 TN, EN nuns �N�1�I�L �1 ■fes�� .0.�� 11.1 �� wo row tiliolti we a 1 111111 1 r m ' ,i coi e_ =11 is milis l'ai'5•1111,22 %mina 4 \ II : im 5irilt zuls sz „:,.: -mall'Nimes IL.. ill ii1/4glo • 0 imir f J=. 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Adi L.31 s go .1 a� rgnu r rii _ �AIM 22 412 P116111110111e111111 irlig ��w�pr 1'116 X111.. irl 31 ' ;j"-'-ii�� ■� - marl' sill- i■ �� 11 11 - ..- • num• im • iriqr, mu i _ . . , an ammiLIFIF lulu li August , coos Comprehensive plan Amendment ago P ►-( - 1 Walley 1-- I Feet ie SuTiVka _ Department ofCommunityDevelopment evrlopn{ po LONG RANGE PLANNING DIVISION 400.0 v Staff Report Subject: 2003 Comprehensive Plan Amendment Proposals Hearing Date: August 28, 2003 Staff: Greg McCormick, AICP Long Range Planning Manager Scott Kuhta, AICP — Long Range Planner Marina Sukup, AICP —Community Development Director Background The Spokane Valley Interim Comprehensive Plan includes an annual amendmentcycle that runs from July 2° to July .tst of the following year. Applications received prior to July .lst are considered by the Planning Commission in August and September, with a recommendation forwarded to the City Council in later September or early October. A decision by the City Council is to be made no later than December of each year. All parts of the Comprehensive Plan can be amended during the annual cycle. The Community Development Department received 7 requests for site-specific Comprehensive Plan amendments for 2003. Sites that are approved for a comprehensive plan amendment will automatically receive a zoning designation that is consistent with the new land use designation_ Attachments to this report include application materials, SEPA documentation, land use maps and zoning maps to assist the Commission's review. Notice The Community Development Department placed advertisements in the Spokesman- Review on June 5, 7, 12 and 14, 2003, notifying the public that comprehensive plan amendment applications would be accepted until July 1, 2003. On August 13, 2003, notice Staff Report 2903 Comprehensive Plan Amendments of the Planning Commission's public hearing was placed in the Spokesman-Review. Each site was posted with a "Notice of Land Use Application" sign, which included a map and description of the proposal. Finally, individual notice of the proposals was mailed to all property owners within 400 feet of each amendment. SEPA Review Pursuant to the State Environmental Policy Act (SEPA—ROW 43.21C) environmental checklists were required for each proposed comprehensive plan amendment. Under SEPA, amendments to the comprehensive plan are considered "non-project actions' which are defined as actions involving decisions on policies, plans, or programs that contain standards controlling use or modification of the environment. Additional environmental review may be required for the actual development of the subject properties. Staff reviewed the environmental checklists and a threshold determination was made for each comprehensive plan amendment request. Determinations of Nonsignificance (DNS) were issued for the requested comprehensive plan amendments on August 8, 2003. The DNS%were published in the city's official newspaper on August 13, 2003 consistent with City of Spokane Valley requirements. Comprehensive Plan Amendment Proposals CPA-03-D1 Applicant: Gib Brumback Request: Change the land use designation from Low-Density Residential to Regional Commercial and the zoning from UR-7 (UR-7) to (B-3). Location: 8915 East Montgomery - West of Argonne Rd., on the north side of Montgomery and south of the Union Pacific railroad right-of-way. Site Area: 2.76 acres Existing Use: 15,000 sq. ft, self-storage building, self serve car wash and RVltruck storage. Adjacent Uses: Railroad to the north, commercial to the west, residential to the south. Public Facilities: The property is currently served with public water and sewer and is accessed from a paved, public street. Previous Land UselZoning; The subject property was zoned commercial in 1970. In 2001, Spokane County designated the property Low-Density Residential and applied the August 14. 2003 Page 2 of 9 _ Staff Report 2003 Comprehensive Pian Amendments UR-7 zone. The request is to re-establish the previous commercial zoning and be consistent with existing uses on subject property. Comprehensive Plan/Zoning Analysis; The interim Comprehensive Plan land use map designates the Argonne corridor between 1-90 and Trent Ave. as a Community Center, which is a higher-intensity, mixed-use area designed to serve two or more neighborhoods. These areas have a mix of uses, including commercial, civic, high-density residential and recreational uses. Existing zoning along the Argonne corridor is largely B-3 and UR-22 transitioning to UR- 3.5. The Applicant requests that the Regional Commercial land use designation be applied to the subject property. This designation is not consistent with the adjacent Community Center designation. Recommendation Change property to Community Center, consistent with adjacent properties. Apply the B-2 zone consistent with the Phase 1 Development Regulations. All current uses on the property are allowed in the 13-2 zone. (See Attachment 1 far application materials, SEPA documentation and related maps.) CPA-03-02 Applicant: Associated Restaurants, Inc. (Richard Reply) Request: Change !and use designation from Neighborhood Commercial to Regional Commercial and zoning from B-1 to B-3. The application indicates that the property is designated Medium Density residential, which is not correct. Location: South side of Appleway Blvd. across from Dishman Dodge, east of Park Road. Site Area: 3 acres Existing Use: The property is currently vacant. Adjacent Uses: The Rose Haven Mobile Home Park is located directly west of the subject property, with vacant hillside land to the south and east. Dishman Dodge is located across Appleway to the north. Public Facilities: The subject property is located within East Spokane Water District# I {WATER RIGHTS?? The area was severed by Spokane County in 2001 and is accessed by Appleway Blvd. Previous Land Use/Zoning: In December, 20,01, the property was zoned Neighborhood Commercial (B-1) by Spokane County. The Applicant originally requested the County to August 14, 2003 Page 3 of 9 Staff Report 2003 Cornprehensive Plan Amerrdrnerits zone the property B-3, which was conditionally approved by the Hearing Examiner. This decision was appealed to be Board of County Commissioners, who decided to zone the property B-1 in December, 2001. The major issue concerning this property is the potential impact commercial development will have on the Dishman Hills Natural Area, located south of the site and the precedent that would be set by allowing commercial development south of Appleway. Spokane County adopted their Comprehensive Plan in November, 2001 and Phase 1 Development Regulations implementing the Comprehensive Plan in January, 20O2. The 2001 Comprehensive Plan designated the subject property Medium Density Residential with the Phase 1 Regulations applying the UR-12 zoning designation. The zoning history of the subject property was brought to the City Council's attention prior to the date of incorporation. When theCouncil adopted the County's Comprehensive Plan, the subject property received the Neighborhood Commercial land use designation. This was followed with a zone change to Neighborhood Commercial, consistent with the decision made by the County Commissioners in December, 2001. Comprehensive Plan/Zoning Analysis: The entire south side of Appleway Blvd., from Coleman to Sargent Ave., is designated Medium Density Residential on the Comprehensive Plan map, except for the subject property, which is currently designated Neighborhood Commercial. Property north of Appleway is designated Medium Density Residential and Regional Commercial. The Comprehensive Plan describes the Regional Commercial category as intensive commercial areas intended to draw customers from the County at large and other outlying areas. Regional shopping centers and major commercial areas will be designated with this classification. The Neighborhood Commercial classification designates small-scale neighborhood-serving retail and office use. Community Commercial designates areas for retail, service and office establishments intended to serve several neighborhoods. Recommendation: The proposed site is bound by a manufactured home park to the west and hills to the south and east. These constraints, and the size of the subject property, will limit development in this area to the subject site. The Neighborhood Commercial designation does not appear appropriate in this instance because the site will not serve a single neighborhood. Further, at 3 acres, the site is large enough to support commercial businesses that will not fit into the Neighborhood Commercial classification, either by size or intensity. Conversely, the Regional Commercial designation is perhaps too intense for this particular site. Staff recommends designating the property Community Commercial and applying the B-2 zone, which will allow more flexibility and marketability to the site, but will limit future impacts of development that would be allowed under the Regional Commercial designation and B-3 zone. (See Attachment 2 for application materials, SEPA documentation and related maps.) August 14, 2003 Page 4 of 9 Staff Report 2003 Comprehensive Plan Amendments CPA-03-03 Applicant: Thomas Smith Request: Change the land use designation from High Density Residential to Light industrial and change zoning from UR-22 to 1-2. Location: West side of Pines Road between the Union Pacific Railroad Right-of-Way and Mansfield Avenue. Site Area: 2.5 acres Existing Use: Vacant Adjacent Uses: Property to the west, across Pines Rd., includes a restaurant, an office and a convenience store. A mobile home court is directly west of the site and the Union Pacific railroad right-of-way adjacent to the south property line. Public Facilities: Public water is available to the site through Irvin Water District. The area is scheduled for sewer construction during 2003; however, the Applicant recently opted out of the County's sewer program. The County would have provided a sewer stub to the property from the sewer extension along Mansfield Avenue and charged the property with a sewer general facility. The Applicant decided to opt out of the program, indicating that he would be responsible to extend a sewer line under the railroad right-of- way to an existing main line. In either case, any new development would be required to connect to the public sewer system. Previous Land Use/Zoning: The property was zoned Restricted Industrial in 1976, which would have allowed construction of a commercial'industrial development. In 2001, Spokane County designated the property High Density Residential and followed with a UR- 22 zoning designation in 2002. Comprehensive Plant-Zoning Analysis: The Interim Comprehensive Plan designates a large area west of Pines and north of the railroad right-of-way High Density Residential. This category allows for multi-family apartments and office uses. Land on the east side of Pines is designated Community Center, an intense mixed-use area. Property to the south, including the railroad property, is designated Light Industrial. The Comprehensive Plan states that Light Industrial category "is intended for industrial areas that have a special emphasis and attention given to aesthetics, landscaping and internal and community compatibility". Office and commercial uses that support and compliment the industrial areas are allowed_ Recommendation: Change property to Light Industrial and zone 1-2, consistent with previous 1976 zoning and policies within the Interim Comprehensive Plan. (See Attachment 3 for application materials, SEPA documentation and related maps) August 14, 2003 Page 5 of 9 Staff Report 2003 Comprehensive Plan Amendments CPA-03-04 Applicant: Doug Lydig (John Sweitzer, Agent) Request; Change properly from Low Density Residential to Light Industrial and zoning from UR-7 to 1-2. Location: Golf Dome property at Cataldo Avenue, west of Bradley and adjacent to Beauty Bark. Site Area: 2.57 acres Existing Use: Indoor golf practice facility. Adjacent Uses: industrial and commercialuses, including a landscape supply business to the east, a UPS trucking facility to the west and scattered residential parcels to the north. Public Facilities: Public sewer won't be available to the site until 2005. Public water is supplied by Spokane County Water District No. 3. The site is accessed by a public road. Previous Land Use/Zoning: The &le was rezoned from 1-2 to B-3 by Spokane County in 1994 to allow for construction of the indoor golf facility and pro shop. In 2D01, Spokane County designated the property Low Density Residential and followed with a UR-7 zoning designation in 2002. Comprehensive Plan/Zoning Analysis: The subject property is surrounded on three sides by Light Industrial property, with Low-Density Residential property to the north. The requested Light Industrial designation is consistent with the surrounding designations. Recommendation: Change land use designation to Light Industrial and change zoning to 1-2. (See Attachment 4 for application materials, SEPA documentation and related snaps.) CPA-03-05 Applicant: Dave Nerren (Lexington Homes) Request: Change property from Low Density Residential to High Density Residential and change zoning from UR-3.5 to UR-22. Location: Between Broadway and Cataldo Avenue, west of Pines Road. Site Area: 3 acres August 14, 2003 Page 6 of 9 Stam Report 2003 Corn prehensive Plan Amendments Existing Use: Largely vacant except for a single-family dwelling. Adjacent Uses: Residential/vacant land to the west, single-family residential to the north and east. Public Facilities: The property has public sewer available; water is provided by Modern Electric Water Company. Access to the site is from Broadway Avenue, a four lane principal arterial. Previous Land Use/Zoning: The subject property has been zoned single-family residential for many years. Property directly east received a zone change to UR-22 in 1978 and is designated High Density Residential on the Comprehensive Pian Land Use Map, Comprehensive Plan/Zoning Analysis: The subject site is located within a transition area between single-family residential and office uses. Propertydirectly east is designated High Density Residential while property to the west and north is designated Low Density Residential; property south, across Broadway, is designated Medium Density Residential and zoned UR-22. The request is consistent with Policies UL.2.16, UL_2.20 and Goal UL.7 of the Urban Land Use chapter of the Interim Comprehensive Plan. Recommendation; Change property to High Density Residential and change zoning to UR-22, (See Attachment 5 for application materials, SEPA documentation and related maps.) CPA-03-06 Applicant: Harold Sarff Request: Change property from Low Density Residential to High Density Residential. Location: North side of Broadway, west of Evergreen Road between Blake and Marner Rd. Site Area: 5+ acres Existing Zoning/Land Use: The property is currently zoned UR-22 and is developed with a independent retirement complex called Broadway Court Estates. The Applicant is requesting to expand the facility to the east, into vacant residential property. Adjacent Uses: The site is surrounded by the following uses and zoning districts: north — vacant land zoned UR-3,5; south — Broadway Avenue, church and single family zoned UR- 3.5; east—single family residential zoned UR-3.5; and west— unimproved Blake Road and Blake elementary playfreids zoned UR-3.5. August 14, 2003 Page 7 of 9 Staff Report 2003 Comprehensive Flan Amendments Public Facilities: The site is currently served with water by Vera Water and Power and is connected to public sewer. Previous Land Use/Zoning: The majority of the proposed site was zoned UR-22 in 1998 to allow for the development of the retirement facility. In 2001, Spokane County designated the property Low Density Residential but did not change the UR-22 zoning. Therefore, the existing Comprehensive Plan designation is not consistent with the current zone and use of the property. The proposed expansion area to the east is designated Low Density Residential and zoned UR-3.5. Comprehensive PlanlZoning Analysis: It appears that the County erred in designating the subject property Low Density Residential in 2001. The expansion area to the east would not have a significant impact on the neighborhood and is consistent with Comprehensive Plan Policy UL 2.17, Recommendation: Change the entire site to High Density Residential, including the separate parcel fronting Broadway and surrounded by the subject property. Apply the UR- 22 zone to the expansion area. (See Attachment 6 for application materials, SEPA documentation and related maps.) CPA-03-07 Applicant: P &T Partners (John Peterson, Agent) Request; Change property from Low-Density Residential to High-Density Residential on the western portion and Community Commercial on the eastern portion. The requested zoning is UR-22 on the western portion and B-2 on the eastern portion. Location: The property is located on the west side of Barker Road, between Boone and Sharp Avenue. Site Area: Total area is about 3 acres, which will be split approximately in half by the Community Commercial/High Density Residential designations. Existing Use: The eastern portion is developed with a convenience store/service station and fast food restaurant. The western portion is vacant. Adjacent Uses: Property to the north is currently being developed into a R.V./Boat storage facility; south is Washington State IJ.CLT. property (part of the 1-9D/Barker interchange); east and west is residential. Public Facilities: Water is served by Consolidated Irrigation District 19; access is via public roads maintained by Spokane County. The existing convenience store/fast food restaurant is connected to the County's sewer line on Barker Rd. by a private 2" line. August 14,2003 Page 8 of 9 Staff Report 2003 Comprehensive Plan Amendments Development of the western portion may require connection to the Countys sewer line to the west, which is yet to be constructed. Kevin Cooke, Spokane County Utilities, informed the Community Development Staff that a line will be constructed about -1000' east of the Flora and Mission intersection. The developer of the subject property would be required to extend sewer to this location, rather than east to Barker Road. Engineering issues aside, future development on the site would be required to connect to the County's public sewer system. Previous Land Use/Zoning: The property was converted to 1-2 zoning in 1957, 1953 and 1971. The convenience store was constructed in 2000. In 2001, Spokane County designated the area Low-Density Residential on the Comprehensive Plan Map and applied the UR-7 zone. Comprehensive PlantZoning Analysis: The existing use of the property is not consistent with the current Low-Density Residential designation and UR-7 zoning. The requested Community Commercial designation for the eastern portion of the site is consistent with the existing use. The Comprehensive Plan describes Community Commercial as 'areas for retail, service and office establishments intended to serve several neighborhoods". Policy UL.2.13 encourages the location of medium and high density residential categories near commercial areas and public open spaces and on sites with good access to arterials. Policy UL.2.17 encourages multifamily homes to be integrated into or next to neighborhood, community or urban activity centers; and integrated into small, scattered parcels throughout existing residential areas Recommendation; Community Development staff supports the requested Community Commercial designation for the existing commercial business on the eastern portion of the site. However, staff does not support designating the western portion High Density Residential, but does recommend designating the site Medium Density Residential. This will provide for a better transition between commercial and single-family residential and will have less impact on the existing single-family neighborhood. (See Attachment 7 for application materials, SEPA documentation and related maps.) August 14, 2003 Page 9 of 9 . Comprehensive Plan Land Use Map uc i _ I I - �- Fred riek i Frederick lis- aid! ——- - 11 gFairview _,-- -1 1 1411 1 — a l1- 1 _ irIiuitiu r l I MIF4t#IIJII1L'iUI e r 1 m� iI1III1 ,!!J.I'i'1 1 ) York mcl' l 1� mmiaisranm. ill" rgi ;mr .miii. immi ( M.Qnim� CM Ill. Mrs 111401i0:11- T I i 1 I WY I gig° � - tdlI iliiii , aim _. - . 1 agoill>il • i mi mini :k11 11. 111011317.1 IIIIIII 0 lM I11.II 1'PVl rte, 11f1aiv6l1M-.1I E1611A i3-aMm._1._1, 1 M_ _iiMmi. L..:_.1•._....E. 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' ini I -mmis ,-7 X1:3. , nN�r�101 1. prig 1w i UR-7 la orry mum munk. la ow....i.ra UR-12riliFF- 1 Vii g ,m • �.....r1 :,... M . lingramill- . 111111"11111r1 I 4111111122''-1-11 IN 1111 • :.----,' 1- 1.--1 imil,140,„, 11 mas..,.:10 is •� - ~ N#�1 I 1 I i.• _—J ,r IM • ' �-3 Pill V.!IIEtI; 1. ' 1 � 111'11 August... .. rki, imi....i...... , .,,,,,,,,,...., iiiimiln II III IN . ,_.-----m. —1 _,-.. - —_,--,-- -- — ,----n-T-7, -F--r-TT--ii mi. or• .... a 1 , a° Comprehensive Plan Amendment , sii �a CPA-03-Q1 J Feet .0010Valley • J i -c3-CI t FILE 1410-';'W'-`'s�?�V.- ,k 1 I ` City of Spokane Valley Application for doolValleir I Comprehensive Plan Amendment PART 1 APPLICANT _Er t QNS. - -- .� - PHONE: - — ...,1 [-ADDRES.S: t . .4._ � L L,.. .,_._,,,. 1 ,i. ' 1.. . 'i CaTYI$TATFJ`ZIP: W1. • EMAIL:FAX _ .s1 _.1.1. 14, %e.1 ti,a. PROPERTY OWNER 1 (IF DIFFERENT FROM APFLICANT� _ NAME: PHONE: ADDRESS: EMAIL: CITY/STATE/ZIP: `-- FAx: PROPERTY OWNER 2(IF MORE THAN TWO PROPERTY R H SEPARATE OWNERS,ATTACH SH. I_ NAME:IE: P I : E-C-E-I ADDRESS: EMAIL: CITY/STATE/ZIP: FAX: 1-$- AGENT/CONSULTANT/ATTORNEY City of Spokane Vahey NAmE:i _ PHONE ADDRESS: EMAIL: CITY/STATE/ZIP FAX: LAND USE MAP CHANGE PROPOSAL: CURRENT DESIGNATION PROPOSED DESIGNATION LAND USE MAP - - [4?0IwING MAP - COMPREHENSIVE PLAN POLICY CHANGE PI OPOSAL1ATTA SEPARATE SHEET IF NECESSARY CII RENT POLICY I ai' Aitt Cfivorilir PROPOSED ' POLICY + r"-� 5(ka .S.u.raY fir- f I , r Ateteilli !a_z9tyyLRiv-i mar �•� TOFFICE USE ONLY: IM City nitrated Pot-limn Initiated I Concurrency Review Required: 9 Yes EI N,4 Date Received: Q -1 ' _ Received By: 6/4/2003 Page 1 of 5 PART 11 LEGAL OWNER SIGNATURE y�(Signature of legal owner or representative as authorized by legal owner) (print name) SWEAR OR AFFIRM THAT THE ABOVE RESPONSES ARE MADE TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE. FURTHER SWEAR OR AFFIRM THAT I AM THE OWNER OF RECORD OF THE AREA PROPOSED FOR THE ABOVE IDENTIFIED LAND USE ACTION, OR, IF NOT THE OWNER, ATTACHED HEREWITH IS WRITTEN PERMISSION FROM THE OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF. ADDRESS: iS c PHONE: , ► . ,Pk`1 ZIP: . {t ity' ' (State) 11L1111111111bp- IOW Y � ( ignature) (Dale) NOTARY STATE CF WASE-IINGTON ) ss: COUNTY OF SPOKANE ) SUBSCRIBED AND SWORN to before me this day of c} 20 03 NOTARY SEAL ifIR - is RY SIGNATURE 61EITARY PUBLIC JEREMY Notary Pu..is and for the State of Washington STATE OF WASHINGTON Residing at: po t . ILAA I PIN Qnmrnissicn moires Feb.19,2005 My appointment expires: \-err 19 gam` 614/2003 Page 2 of 5 8 PART i SITE DATA _ PROJECT PROPOSAL SITE AREA(ACRES OR SQ.FT) JciraiLL—/_ ii __�—LS1� 'C 74 + ADJACLNTARE OWNED OR CONTROLLED(ACRES OR SQ Fr . 1 EXISTING USE OF PROPERTY: LS4.4)...0.). . M . j. —ruAS.I.T3 SCHOOL DISTRICT: FIFE DISTRICT: . I WATER DISTRICT NEIGHBORHOOD ASSOCIATION:: PUBLIC OR PRIVATE ROAD ACCESSING PROPERTY: V u. WIDTH OF PROPERTY FRONTING PUBLIC/PRIVATE ROA[]: A OLCA ACCESS TO EXISTING OR PLANNED ARTERIAL?(Y/N) tz4c Y NAME OF ARTERIAL ROADS: I PREVIOUSZONING/LAND USE DECISION u _ LIST PREVIOUS PLANNING ACTIONS I WOWING THIS PROPERTY: 114 '1" ..i)k —INA ,e/ ‘ r1) Acrzi eS11-1,-itejt ‘41,NQI .3'1721 3 R.Le —,4)1,_A_Ri cz, CP-0,-&, k3k CHANGED CONDITIONS WHATARE THE CHANGES CONDITIONS WHICH WARRANTS MS PROPOSED CHANGE? 1/4‘ J\ U 3 • Jtsvl A � 1 6/412003 Page 3 of 5 PROPOSAL [ PRovIrE GENERAL DESCRIPTION OF PROPOSAL: ._,._..... 1 17° 6\-41J- S-= Qiki'-rN-5\14-,%3 CLILL,k-1.:_j'rm___ ' 1 %P--c-&- 4 ' - j 1. ..a, 1 ii, ,„..„. .„.$) c), _,. .,,,,,,:,, - . 4 ip.. t_VQ.3,_ .,,zz.. ,,i7 ..31_, Illi ' ' l.K ---. Q.A.A-TirlibAt °. h 4 ,, k . i 4, Ks..,,. s,,,--IT 11/4 -'r -- _,,,,„.0_ A, C.) P, - .-- . , j , . N, I wa - e-or.v.___ Q,..,a j:41zzA.fjj ,&0,91S ADJACENT LAND USES __ _ -------_ __-- ---_---...----_._.-_ DESCRIBE EXISTING LAND USES WITHIN THE VICINITY OF PROPOSAL-C) t A3:1•Aaa_)_ -a"' 1 '' - ' kt-,, ,-A AL,r&) &:Ajull_ ),. N.zr-AL ,i-U9 3+ .( , ,..„... z.moi _,,,,,,,,a,, 1,4,-\- _9_._,,,._a ,,,„,.A.„ ,,i-_,.)--H I ib , -.,-,,,,,_kL os. , : , ,..„1.z\,,,,,,,,_, r , . v‘ q_'-4 .,,,,.,N,,),„ '5-Thl --1":"---- --t----011 1 \'' ,,,,1 ,,,,,,„),„sl, , ______________________________ . _... __________________________ __________. _.. 6/4/2003 Pace 4 of 5 COMPREHENSIVE PLAN CONSISTENCY l DESCRIBE HOW PROPOSAL IS CONSISTENT WITH COMPREHENSIVE PLAN—CITE SPECIFIC GOALS/POLICIES:-1 C1 04. 411 V5L — ' .16k ' i VLb,---- Ni\-NAs),AA., .1 -\-.2, .TN..st.Airz *. r, th , tilli Lozi fl • -'' ' L:al '' il rk k j:1.3,A.1,Nts \j::2' IN Q,--"i' N... Mi.',. Un ‘`.3%... F *30 Nil ''.-. -' il lk, --V u„,31- A, &AI° . r. ° ,1:1 ". . m 45--,--, \ -icy\ Pk, „,_,0_ k,,,,,i- R , ,,,, PUBLIC FACILITIES SaRIBE AVAILABILITY OF PUBLIC FACILITIES AND SERVICES. INCLUDING, ROADS,WATER, SEWER, PARKS, AND PUBLIC TRANSIT esni,. . .. , .1 h i)\l,,,arVNO,_,t.-Sc ‘ . 'UN,...ki±W (--,CIA- g \\iiirr. r s ir 1 i , ,,,_ , _,,, .4 ft L5-1-- p, 4 . • . \3 ZL ,1,,A4,,,.,„1,, e_.,, ..,. . , , 16 �1✓ 1v ‘ t 4l 1 p v ' .1..„3,..i„..N_AA,- ,a '\, illti { til . .6/4/2003 A ..E , CO , Page 5 of 5 T {y F■ Brumb ack Consulting INCORPORATED Tune 11,2003 Kim Lyonnais Planning Manager City of Spokane Valley 11707 E. Sprague Ave. Suite 106 Spokane Valley, Wa 99206 Dear Kim; 'his correspondence is to review our conversation of June 2, 2003, My concern is that without my knowledge the Spokane County downgraded my zoning at 8915 E. Montgomery when they instituted the new comprehensive land use plan. I am enclosing as exhibit 1 a plat map that shows my property (Parcel A and B). The downgrade applies to Parcel 13. Also enclosed is.a summary of facts that I got from at Appraisal Report, which I will refer to as Exhibit 2. Parcel B has been downgraded from B.-lWRegional Business to L'R3.5 (Residential). Parcel B consists of(2) storage buildings totaling 15,000 S.F. and 96 Units, The balance of the site consists of a 3821 Si. Self Service Car Wash and 84 outdoor storage spaces for trucks and R.V. storage. I am requesting that Spokane Valley Planning Dept, change the current zoning of Parcel B,back to the original B-3 zone. Respectfully, Gib Brumback Brumback Consulting, Inc. cc: Scott Kuhta—Long Range Planner Slblwardlyonr aka Enclosures Development and Marketing 8915 E Montgomery, Suite B * Spokane, WA 99212 • 509-924-3939 6 Fax 922-4439 I r d r 1 r ___:__ err rte BI ~Yp�Lryl �� 55 �y ____911, ,._______- ---.--r r y 17t L - T r _ Ofl— ri GRAPHIC SCALE , 1601 1'�C1 10 0 SD 140 208 ,r� I t,5 -- I' Ir r - — a � I h 100 , — r • - ... SLIT ' 1�M TT I$ Y K" SPOKANE r. A7 w - inn PARCEL 'd z' � , 7a6 AU Y cea 124,741 sr. 2.76 eiL 7'r.D01110NAL 7'A arritawa_ • A/'• 0IcATrri vw ocoro.mall amlaR r—��___i --T---��--7--- .__ —��_�—,�— __ 1 I 4 i is R EN r d I r. i + I ne€ J ! I � d J' I 0'CI I _ F I "I I I < I �E ERG' 1 b C8CHRANEr.l I I H`iidlia Ldi:s 12 I n r3Axrrn I I' NO. I I 1F S I„CU. �• � o'�'�SI:.Lr 1 I nDt ^ra I I , „w�, w d" r w a1 A�.GIi ,` 1 i to CYC i% 0 SPONSOR: _ rr9 SITE DATA; 0 {fr GIB (WOMgC1( TOTAL FIAT AREA 4. 2 ACRES N. 541 t} J+lARTFfYI��1307 pR. TOTAL No, O# LOTS2 N. 541E WA 962x4 METHOD OF WATER SUPPLY PUBLIC—vERA POWER AID warp 924-39 METHOD OF SEWAGE CI POSAL SEPTIC TANK AND aRA1NFIF D EXL571NG ZONE S-3 _SURVEYDR'S CERTIFICATION: OF PR�LjMwj F2Y PLAT THIS AAP WAS PREPARED BY MC OR UNDER SHORT P LAs1 -1 _ wreSUPERVISION IRAANCEI ;LA D _PACIFIC WTTHE REQUIREMENTS OF'THE SPOKANE COMITY 5UBOlvisION ORDIMA 1CF. LOCATED IN THE 1.!E i/4 CF .' :{�;f a_'•' y SECTON T. N.,R_44 =_3w . w .E GINEERING , SPOKANE { QUN1Y, iNCL.INGTrN50 LAM 7:5 Alikeaanl Sgoxer,e,9ashiripion C''- ":".“-. " `. NOVE ER i.(2-i.v�� , 5 —�iiC 99302 - PATRICK J: L ]6RE. RLS y SUMMARY OF SALIENT FACTS • Location: The subject property is located cn the north side of Montgomery Avenue.about 300 ft West of Argonne Road with a street address of 8915 E. Montgomery Avenue, Spokane, Washington. Owners of Record. D. C. Brurrmback and Susan L. Brurnbacl Delineation of Title: The Brumhacks and partners purchased Lot A from Jesse Rosauer on April 24, 1993 and Constructed the existing facility in 1994. The Brumbacks purchased Lot B froth Spokane County on May 19, 1997 for $320,027.50. This sale Is analyzed in the land•value section of the Cost Approach. Occupied By: The owners and various :renters of Argonne Montgomery Self Storage facility. Y Lea/ Description: Lots A and�B of Short plat 733-91, according to the Short Plat rec Volume A of Plats n ?agc 44, Spokane County, Washington. 4rded in Site: 214,211 sf total. A triangular site with about 1, .16 feet of frontage along the north side of Montgomery Avenue, llihproveluents: The imnpro'vernents include a font year old, 29.E unit, 39,825 se self storage facility with security fencing, keypad entry gate, security Matins, good landscaping, and biofiltation swale areas. A two building addition with 96 units in 15,00c sf, a six bay, 3,821 sf self service =wash, and an 84 space outside stdrage area are proposed lit B, the vacant 120,014 sf, westerly portion of the site. Zoning: The suh"ec! �� J property is zoned B-3, Regional Business's. bates of J per. of: February 9 acid 16, 1999 The Appraisal profiler is Fortrr ax opinion of the market value of the fee simple interest as it existed on the last date of inspection, at completion of ther additional improvements about"lune 1; 1999 and at stabilized occupancyyabout October 1, 1999. 1l Date of Valuation: February 1 , 19 _ t• Ar Orme MMregaretey Self Storage As of February 16, 1999 Page S A ICHAEL I. SPRLYE. Jl AI NiV . - Eaton mpg. SOD at mum atoms-gems orimoft mum, wAsiassrmi 43111_,___STINS not AwiimpfugAtir attonovi Vite*We gazolavtion soloist tit* moot 0. Ira 1/4:0.*. • soittkvi. womb-.2$ - • _x3,444, 614 Or 1113-ftgattpTPACtiatO RA-1 211014 Or Wai 124401401thigilitii S ` 1909 atorly by or4r. ,t , .lit � ouch Idol ,r tioi Ognon he tia 1M:ft 44 mitokto Ram ukrii *OA so*tho # - R' tited Vii* of aeaii 19 tag,* ' e ' *saw' thiti motor of Itt. stitio0 is to .444107 Easiosti4 # eP WV* MOtikerii. XX IT IMO *I bid"' 44butribefX e� OiStiNktia4 al* ' ,AjOilit 1 r # ra , ii _ , �{ #Z14 GRAPHkC SCALE $y R�,IF�G10 'S �-t 670 6} 50 184 MO r..,y IIIE ry 1I ksl ( U4 FEET1 1 Inch . 1bB ft, 6 ~~ ! _ QC's .]` 315 1 S rr spy t� SPOKANEI '� PAR � � Y o u N lel+ F ...,. PARC. ' �' q g � � O 4 f4 I aAL � � ,.li i1 • I r Jon +iFi�r ii1' 1 J 31rr.7 1 r 1 ! ' 1 1 I'A I 3 1 nnr, aa0 1 `,Ea.Ilras 1 l 1 1 esa0`. Y I I (?•C I �''R-PST ir".6'`+ILr- I f iiia;:v„Isul: � uirrvi� 1 I inr. 1 IES .q� I IICE o R' k li.! p AD.0 iC iT I I 14; - W [fir 1 ! 0 TOTAL .PLAT AREA GIB k3RIMRACK TOTAL 16x. OF LOTS 2 52 ACRES N, 5470 diORT WOO DR. METHOD or WATER SUPPLY PGeUC--V'ERA POWER MD WATER SPOKAIC, WA 99284 METHOD OF SEWAGE DISPOSAL SEPTIC TANK AND ORANNFIELD 92 - 939 1;X1NG ZINE E9-3 _ SURVEYOR'S CERTIFICATION- _ P LIM!NAR' PLAT TITS MAP WAS PREPARED $Y 14 OR UNDER SHORT 7F —`�} '+ MY DIRECT SUPERVIEJON1 IN CONFORMANCE PLALT x D PACIFIC WITH THE REQUIREMENTS OF THE SPOKANE J�tf ENGINEERING �6 7 g `+ WITH SIIETIVISION ORDINANCE LOCATED rN THE NE 1/1 OF SECTION 5wrth ?S Am, r 25 N. F2.44 I.I. 156161 5:7�1i1 �Imrt,Vlpshpngkmn -f,1..7 f" A 4. /rte SPOKANE COUNTY. 'WAS1 -.ITO a 892632 PATRVCK is i0 E R N '�`Eix� a.I r rAi Brumback Consulting iricORPORATED June 11, 2003 Kiat Lyonnais Planning Manager City of Spokane Val/0y 11707 E. Sprague Ave, Suite 106 Spokane\!al lley, Wa. 99 206 Dear Kim: This correspondence is to review our conversation of June 2, 2003. My concern is that without my knowledge the Spokane County downgraded my zoning at 8915 B. Montgomery when they instituted the new comprehensive land use plan. I am enclosing as exhibit ibit 1 a plat map that shows my property (Parcel A and B). The downgrade applies to Parcel B_ Also enclosed is a summary of facts that 1 got from an Appraisal Report, which I will refer to as Exhibit 2_ Parcel B has been downgraded from B-3iRegiional Business to UR3.5 (Residential). Parcel B consists of(2) storage buildings totaling 15,000 S.F• and 96 Units. The balance of the site consists of a 3821 S.F. Self Service Car Wash and 84 outdoor storage spaces for trucks and RN. storage. I ani requesting that Spokane Valley Planning Dept. change the current zoning of Parcel B, back to the original B-3 zone. Respectfully, a 110 Crib Brumback Brurnback Consulting, Inc. cc: Scott Kuhta J Long Range Planner Slbiwor•1Myrrrennis En u]osi res Development and Marketing 8915 E. Montgomery,. Suite 13 • Spokane, WA 99212 • 509-924-3939 • Fax 922-4439 ....il. • {_ I— y I y_-Y- GRAPLI'.IC' SCALE ti}?2, G •0th • -{ - `h\ 15:10 5 5o 104 ZOO ON fcerr jul .'401�� 1 Each l pp Po. ', 14' 11 a6q. Y �6 66P,�+C� SPOKANE 1 I . �° „ . l sS 44.197 W. Y PARCEL IB` $ u6 At i7{} 12.C!F 5}'.Lis liG. I r+Loamorru - Itei o �aorr IMr> nora TY kr AmTIONA4 avast :a it _- MONTGOMERY Ate. T _ ki 1_ I �� — T---T---- ---}Yi_ ' r---- --r------_ 3 r n 1I �w+ TA Gfi lIJE�E� Q E C I 1.A I I 1 Y 1 Q I is a iF a�` I I. rrryol Ir L9_' I Urat[ .a�w 1 I I i;�. 4 I ri 1 fcRS EA i-,.., I k ��' R. 7� J � 'W I nA.n�y�n J I • u �. " z Li SPONSOR:fi: _ cc cc SITE [)STA . c.LI G!9 BRU�l6AC>{ TOTAL. FLAT .AREA. 422 ACRES N. 5R1 D r THWt7 CR. TOTAL Na- LW LOTS 2 N. 641 E. WA HWOO ETI#O0 4P WATER SUPPLY PUBLIC—VERA POWER AND WATER 924-3939 METHOD 4F SEWAGE DISPOSAL 5 1C TANS( AND DR iNFWLf EX15T]NG LONE a_3 SUPVEYOR'S CERTIFICATION: PRELIMINARY PLAT .pe— THSAAP WAS PREPARED BY !JET l]N6EFt OF Nt iV JJ it 4, _ _ MY DIRECT SUPERVISION IN CONE'?RWINCESHORT PLAT 91 _ , CwITH OU THE REQWIREP NTS CF THE 5PtJ)ANE cauLOCATED INTHE. h,'E i/4 OF THE Su�DM5I N OPtDf DANCE ENGINEERING r- SECTION 7, T.. 5 N.,i .44 E.,W, i. r Saran 25 �sllu�+ont 5pesprtt.woFh Asn - , ..df SPOK K COUNTY, 4fASHTNGT N [si+? e9• z PATRICK J:'I E, RLS I + O, IQ'JEi�iE a r CCM' 1 ft Department of Community Development di000valley LONG RANGE PLANNING DIVISION DATE: July 29, 2003 FILE #: CPA-03--01 APPLICANT: Gib Brumback LOCATION: 8915 East Montgomery, Spokane Valley, WA REQUEST: Comprehensive Plan Map amendment from Low Density Residential to Regional Commercial; corresponding zoning map amendment from UR-7 to B-3, Regional Commercial, Background The subject property is located at 8915 East Montgomery Avenue. The property is currently designated Low Density Residential on the Interim Comprehensive Plan map and is zoned UR-7, Single Family Residential_ The site is currently developed with a commercial carwash facility and outdoor storage for trucks and recreational vehicles. The subject property has been zoned commercial since 1970. The site was rezoned under the recent Spokane County Comprehensive Plan and subsequent Phase I Zoning process. Land uses in the area consist of commercial to the east; railroad right-of-way to the north and west; and residential south of Montgomery Avenue. SEPIA Analysis As noted above, the requested Comprehensive Plan Map amendment and Rezone would result in consistency between the zoning and the existing uses or the subject property. Moreover, the location and proximity of the subject property to the railroad right of way to the north and west and the commercial uses to the east would not lend this property to residential development. It would appear that the subject property was mistakenly designated as Low Density Residential during the County's comprehensive planning process. 1 V The proposed action is considered a anon-project action under SEPA. Any development or redevelopment of the subject property would result in project level SEPA review if any adopted SEPA thresholds are exceeded. Recommendation Staff recommends that a Determination of Nonsignificance be issued for the proposed comprehensive plan and zoning map amendment. 2 :. , -o3-ni City of Spokane Valley DETERMINATION OF NONSIGNIFICANCE ANCE Description of propos R uest-a Coxitiart Map amendment from Low Density Residential to Re.i ena.I Commercial and a rezone from TJR-7 Residential to B-3 Commercial Proponent: City of Spokane Valley Location of proposal, including street address, if any: This action is considered a none-project action under RCW 43.210 and sil ly located at 8915 East Mon �omery Avenue Spokane Valley Washington Lead agency: City of Spokane Valley. The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment An Environmental Impact Statement ) is not required under RCW 43.21C.O3((2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public o i request [ ] There is no comment period for this DNS. [ j This DNS is issued after using the optional ITIS process in section 197-11-355 WAC. These is no further comment period on the DNS. DNS is issued under 197-11a340(2);the lead agency will not acplpn this p pv or x days from the datebelow. Comments must be submitted by �5. Responsible official Marina 5ukup,AICF Position/title: Director of Commtality Development Phorate: 509 921-1000 Achiness: 11707 East Sprague Avenue,Suite 106;Spokane V r WA_99206 Date 0$/08/0 5 Signature 4 tee, You may appeal this determination to (name) Marina Sukup at{location) City Hall Iocated at 11707 asst S ra ue Av ue,Spo cane Valley.WA no later than(date) 500 p.m, _ by(method) Written Statement of Appeal You should be prepared to make specific factual objectierns. Contact Greg McCormick,A1CP to read or ask about the procedures for SE.PA appeals. 1 Distribution List 1. WA State Department of Ecology (Olympia) 2. Spokane County Department of Public Works,Gerry Ge .ill 3. Spokane Regional Health District;Steve Holderby 4. Spokane County Division of BuiIcling and Code Enforcement,Jeff Furry 5. Washington State Department of Tratssportatiort;Mark Rohwer 6. Spokane County Fire Protection District No.1 7. Spokane County Fire Protection District No. 8 $_ Canihope Irrigation District No. 7 9. Consolidated Lrrigation District No. 19 10. East Spokane Water District No. 1 11. Hutchinson Irrigation District No. 16 12. Irvin Water lit ict No.6 13. Model Irrigation District No.18 14. Modern Electric Water Company 15. Spokane County Water District No. 3 16. Trentwood Irrigation District No.3 17. Vera Irrigation District No. 15 18. City Of Spokane,John Mercer 19. City of Liberty bike, Doug Smith 20. City of Millwood,Heather Cannon 21. Central Valley School District, Dave Jackman 22. East Valley School District,12325 E. Grace 23. West Valley School District, Dave Smith. 2 CITY OF SPOKANE VALLEY Planning Commission August 28, 2003 Name: Jiff < , Address. 2: .5- S.-L., • :v Agenda Item: C/ A' For Proposal Opposed to Proposal Neutral Wish to Speak- Yes No CITY OF SPOKANE VALLEY Planning Commission August 28, 2003 Name: MSF,Iir\ i) t, . - • Aedress: _ Agenda ltem 3j For Proposal (Opposed to Proposal Neutral Wish to Speak- X Yes No . R5 � , c_ f e;- CPA - 0 3 - , Xe_,J7 /95:76,,t(49L-cd 47e 4_57 g, Vie- 4 , cr-4 O Page 1 of 1 Debi Alley From: Rousseautp@aol.com Sent: Thursday, August 21, 2003 12.46 PM To Planning Commission Cc: vnh@cnemain.com Subject: File No.CPA-03-02 South side of Appleway Avenue, east of Park Road request to change 3 acres from Neighborhood Commercial to Regional Commercial in my opinion is a wrong decision.We don't have much natural habitat area left in the this part of the Spokane Valley and to change it to Regional Commercial would be another blunder of zoning, It appears that some developer and or commercial business is not interested in keeping what few acres we have to enjoy left in this part of the Spokane valley for regional native enviormeinment. There still are a few people about who enjoy the mighty dollar for themselves and force the few remaining birds and animals find a new nesting area. I strongly oppose anymore zoning changes in the forernention proposed amendments change. Not being in the area on the public hearing date as I will be out of Washington state. I wish go on record against the amendment proposal change_ Torn Rousseau Property Owner 7918 E. Sprague Spokane Valley, Wa. 99212 8!2512003 Vicinity Map MOM warair 11 1111 11° 11111 Jill' mili=m EETED mom 41 .= , -n-iaLLi Si e *OA 111 ihri I Ord, mall tiriJ I. u R MEIN n suit • EN 110111t w��liii I �- MI 14k, X11 r,ug.nIS. .ma Comprehensive Plan Amendment �� F , CPA-03-02 jValley Kf' yS . „:-LL, '`:: Department of Community Development po , ne LONG RANGE PLANNING DIVISION .0,,,OVailey Staff Report Subject: 2003 Comprehensive Plan Amendment Proposals Hearing Date: August 28, 2003 Staff: Greg McCormick, AICP — Long Range Planning Manager Scott Kuhta, AICP — Long Range Planner Marina Sukup, AICP —Community Development Director Background The Spokane Valley Interim Comprehensive Plan includes an annual amendment cycle that runs from July 2"d to July 1St of the following year. Applications received prior to July 1' are considered by the Planning Commission in August and September, with a recommendation forwarded to the City Council in later September or early October_ A decision by the City Council is to be made no later than December of each year. All parts of the Comprehensive Plan can be amended during the annual cycle. The Community Development Department received 7 requests for site-specific Comprehensive Plan amendments for 2003. Sites that are approved for a comprehensive plan amendment will automatically receive a zoning designation that is consistent with the new land use designation. Attachments to this report include application materials, SEPA documentation, land use maps and zoning maps to assist the Commission's review. Notice The Community Development Department placed advertisements in the Spokesman- Review on June 5, 7, 12 and 14, 2003, notifying the public that comprehensive plan amendment applications would be accepted until July 1, 2003. On August 13, 2003, notice Staff Report 2003 Comprehensive Plan Amendments of the Planning Commission's public hearing was placed in the Spokesman-Review. Each site was posted with a "Notice of Land Use Application" sign, which included a map and description of the proposal. Finally, individual notice of the proposals was mailed to all property owners within 400 feet of each amendment. SEPA Review Pursuant to the State Environmental Policy Act (SEPA— F CW 43.21 C) environmental checklists were required far each proposed comprehensive plan amendment. Under SEPA, amendments to the comprehensive plan are considered "non-project actions' which are defined as actions involving decisions on policies, plans, or programs that contain standards controlling use or modification of the environment. Additional environmental review may be required for the actual development of the subject properties. Staff reviewed the environmental checklists and a threshold determination was made for each comprehensive plan amendment request, Determinations of Nonsignificance (DNS) were issued for the requested comprehensive plan amendments on August 8, 2003, The DNS's were published in the city's official newspaper on August 13, 2003 consistent with City of Spokane Valley requirements. Comprehensive Plan Amendment Proposals CPA-03-01 Applicant: Gib Brumback Request: Change the land use designation from Low-Density Residential to Regional Commercial and the zoning from UR-7 (UR-7) to (B-3). Location; 8915 East Montgomery-West of Argonne Rd., on the north side of Montgomery and south of the Union Pacific railroad right-of-way. Site Area: 2.75 acres Existing Use: 15,000 sq. ft self-storage building, self serve car wash and RVltruck storage. Adjacent Uses: Railroad to the north, commercial to the west, residential to the south. Public Facilities: The property is currently served with public water and sewer and is accessed from a paved, public street. Previous Land Use/Zoning: The subject property was zoned commercial in 1970. In 2001, Spokane County designated the property Low-Density Residential and applied the August 14,2003 Page 2 of 9 Staff Report 2003 Comprehensive Plan Amendments UR-7 zone. The request is to re-establish the previous commercial zoning and be consistent with existing uses on subject property. Comprehensive Plan/Zoning Analysis: The interim Comprehensive Plan lard use map designates the Argonne corridor between 1-90 and Trent Ave. as a Community Center, which is a higher-intensity, mixed-use area designed to serve two or more neighborhoods. These areas have a mix of uses, including commercial, civic, high-density residential and recreational uses. Existing zoning along the Argonne corridor is largely B-3 and UR-22 transitioning to UR- 3.5. The Applicant requests that the Regional Commercial land use designation be applied to the subject property_ This designation is not consistent with the adjacent Community Center designation_ Recommendation Change property to Community Center, consistent with adjacent properties. Apply the B-2 zone consistent with the Phase 1 Development Regulations. All current uses on the property are allowed in the B-2 zone. (See Attachment I for application materials, SERA documentation and related maps.) CPA-03-02 Applicant: Associated Restaurants, Inc. (Richard Repp) Request: Change land use designation from Neighborhood Commercial to Regional Commercial and zoning from B-1 to B-3. The application indicates that the property is designated Medium Density residential, which is not correct. Location: South side of Appleway Blvd. across from Dishman Dodge, east of Park Road. Site Area: 3 acres Existing Use: The property is currently vacant. Adjacent Uses: The Rose Haven Mobile Home Park is located directly west of the subject property, with vacant hillside land to the south and east. Dishman Dodge is located across Appleway to the north. Public Facilities: The subject property is located within East Spokane Water District# 1 (WATER RIGHTS?? The area was sewered by Spokane County in 2001 and is accessed by Appleway Blvd. Previous Land Use/Zoning: In Decembers 2001, the property was zoned Neighborhood Commercial (B-1) by Spokane County. The Applicant originally requested the County to August 'tA, 2003 Page 3 of 9 Staff Report 2003 Comprehensive Plan Amendments zone the property B-3, which was conditionally approved by the Hearing Examiner. This decision was appealed to be Board of County Commissioners, who decided to zone the property B-1 in December, 2001. The major issue concerning this property is the potential impact commercial development will have on the Dishman Hills Natural Area, located south of the site and the precedent that would be set by allowing commercial development south of Appleway. Spokane County adopted their Comprehensive Plan in November, 2001 and Phase 1 Development Regulations implementing the Comprehensive Plan in January, 2002. The 2001 Comprehensive Plan designated the subject property Medium Density Residential with the Phase 1 Regulations applying the UR-12 zoning designation. The zoning history of the subject property was brought to the City Council's attention prior to the date of incorporation. When the Council adopted the County's Comprehensive Plan, the subject property received the Neighborhood Commercial land use designation_ This was followed with a zone change to Neighborhood Commercial, consistent with the decision made by the County Commissioners in December, 2001, Comprehensive Plan/Zoning Analysis: The entire south side of Appleway Blvd., from Coleman to Sargent Ave., is designated Medium Density Residential on the Comprehensive Plan map, except for the subject property, which is currently designated Neighborhood Commercial. Property north of Appieway is designated Medium Density Residential and Regional Commercial. The Comprehensive Plan describes the Regional Commercial category as intensive commercial areas intended to draw customers from the County at large and other outlying areas. Regional shopping centers and major commercial areas will be designated with this classification. The Neighborhood Commercial classification designates small-scale neighborhood-serving retail and office use. Community Commercial designates areas for retail, service and office establishments intended to serve several neighborhoods. Recommendation: The proposed site is bound by a manufactured home park to the west and hills to the south and east. These constraints, and the size of the subject property, will limit development in this area to the subject site. The Neighborhood Commercial designation does not appear appropriate in this instance because the site will not serve a single neighborhood. Further, at 3 acres, the site is large enough to support commercial businesses that will not fit into the Neighborhood Commercial classification, either by size or intensity. Conversely, the Regional Commercial designation is perhaps too intense for this particular site. Staff recommends designating the property Community Commercial and applying the B-2 zone, which will allow more flexibility and marketability to the site, but will limit future impacts of development that would be allowed under the Regional Commercial designation and B-3 zone. (See Attachment 2 for application materials, SEPA documentation and related maps.) August 14,2003 Page 4 of 9 Staff Report 2003 Comprehensive Plan Amendments CPA-03-03 Applicant: Thomas Smith Request: Change the land use designation from High Density Residential to Light Industrial and change zoning from UR-22 to 1-2. Location: West side of Pines Road between the Union Pacific Railroad Right-of-Way and Mansfield Avenue. Site Area: 2.5 acres Existing Use: Vacant Adjacent Uses: Property to the west, across Pines Rd., includes a restaurant, an office and a convenience store. A mobile home court is directly west of the site and the Union Pacific railroad right-of-way adjacent to the south property line. Public Facilities: Public water is available to the site through Irvin Water District. The area is scheduled for sewer constniotion during 2003; however, the Applicant recently opted out of the County's sewer program. The County wouid have provided a sewer stub to the property from the sewer extension along Mansfield Avenue and charged the property with a sewer general facility. The Applicant decided to opt out of the program, indicating that he would be responsible to extend a sewer fine under the railroad right-of- way to an existing main line. In either case, any new development would be required to connect to the public sewer system. Previous Land Use/Zoning: The property was zoned Restricted Industrial in 1976, which would have allowed construction of a commercial/Industrial development. In 2001, Spokane County designated the property High Density Residential and followed with a UR- 22 zoning designation in 2002. Comprehensive Plan/Zoning Analysis: The Interim Comprehensive Plan designates a large area west of Pines and north of the railroad right-of--way High Density Residential. This category allows for multi-family apartments and office uses. Land on the east side of Pines is designated Community Center, an intense mixed-use area. Property to the south, including the railroad property, is designated Light Industrial. The Comprehensive Plan states that Light Industrial category "is intended for industrial areas that have a special emphasis and attention given to aesthetics, landscaping and internal and community compatibility". Office and commercial uses that support and compliment the industrial areas are allowed. Recommendation: Change property to Light Industrial and zone 1-2, consistent with previous 1976 zoning and policies within the Interim Comprehensive Plan. (See Attachment 3 for application materials, SEPA documentation and related maps.) August 14, 2D03 Page 5 of 9 SEaff Report 2003 Comprehensive Plan Amendments CPA-03-04 Applicant: Doug Lydig (John Sweitzer, Agent) Request: Change property from Low Density Residential to Light Industrial and zoning from UFS-7 to 1-2. Location: Golf Dome property at Cataldo Avenue, west of Bradley and adjacent to Beauty Bark. Site Area: 2.57 acres Existing Use: Indoor golf practice facility. Adjacent Uses: Industrial and commercial uses, including a landscape supply business to the east, a UPS trucking facility to the west and scattered residential parcels to the north. Public Facilities: Public sewer won't be available to the site until 2005. Public water is supplied by Spokane County Water District No.. 3. The site is accessed by a public road. Previous Land Use/Zoning: The site was rezoned from 1-2 to B-3 by Spokane County in 1994 to allow for construction of the indoor golf facility and pro shop. In 2001, Spokane County designated the property Low Density Residential and followed with a UR-7 zoning designation in 2002. Comprehensive PlanlZoning Analysis: The subject property is surrounded on three sides by Light industrial property, with Low-Density Residential property to the north. The requested Light Industrial designation is consistent with the surrounding designations. Recommendation: Change land use designation to Light Industrial and change zoning to 1-2. (See Attachment 4 for application materials, SEPA documentation and related maps.) CPA-03-05 • Applicant: Dave Nerren (Lexington Homes) Request: Change property from Low Density Residential to High Density Residential and change zoning from UR-3.5 to UR-2,2. Location: Between Broadway and CateIdo Avenue, west of Pines Road. Site Area: 3 acres August 14, 2Q03 Page 6 or 9 Staff Report 2033 Comprehensive Plan Amendments Existing Use: Largely vacant except for a single-family dwelling. Adjacent Uses: Residential/vacant land to the west, single-family residential to the north and east. Public Facilities: The property has public sewer available; water is provided by Modem Electric Water Company. Access to the site is from Broadway Avenue, a four lane principal arterial. Previous Land Use/Zoning: The subject properly has been zoned single-family residential for many years_ Property directly east received a zone change to UR-22 in 1978 and is designated High Density Residential on the Comprehensive Plan Land Use Map. Comprehensive Plan/Zoning Analysis: The subject site is located within a transition area between single-family residential and office uses. Property directly east is designated High Density Residential while property to the west and north is designated Low Density Residential; property south, across Broadway, is designated Medium Density Residential and zoned UR-22. The request is consistent with Policies UL2,16, UL.2.2C and Goal UL.7 of the Urban Land Use chapter of the Interim Comprehensive Plan. Recommendation: Change property to High Density Residential and change zoning to UR-22. (See Attachment 5 for application materials, SEPA documentation and related maps.) CPA-03-O6 Applicant: Harold Sarff Request: Change property from Low Density Residential to High Density Residential. Location: North side of Broadway, west of Evergreen Road between Blake and Mamer Rd. Site Area: 5+ acres Existing Zoning/Land Use: The property is currently zoned UR-22 and is developed with a independent retirementcomplex called Broadway Court Estates. The Applicant is requesting to expand the facility to the east, into vacant residential property. Adjacent Uses: The site is surrounded by the following uses and zoning districts: north — vacant land zoned UR-3.5; south — Broadway Avenue, church and single family zoned U R- 3.5; east— single family residential zoned UR-3.5; and west unimproved Blake Road and Blake elementary playfields zoned UR-3.5. August 14, 21:03 Page 7 of 9 Staff Report 2003 Comprehensive Plan Amendments Public Facilities: The site is currently served with water by Vera Water and Power and is connected to public sewer. Previous Land Use/Zoning: The majority of the proposed site was zoned UR-22 in 1996 to allow for the development of the retirement facility_ In 2001, Spokane County designated the property Low Density Residential but did not change the UR-22 zoning. Therefore, the existing Comprehensive Plan designation is not consistent with the current zone and use of the property. The proposed expansion area to the east is designated Low Density Residential and zoned UR-3.5. Comprehensive Plan/Zoning Analysis: It appears that the County erred in designating the subject property Low Density Residential in 2001. The expansion area to the east would net have a significant impact on the neighborhood and is consistent with Comprehensive Plan Policy UL 2.17. Recommendation: Change the entire site to High Density Residential, including the separate parcel fronting Broadway and surrounded by the subject property. Apply the UR- 22 zone to the expansion area. (See Attachment 6 for application materials, SEA documentation and related maps.) CPA-03,07 Applicant: P &T Partners (John Peterson, Agent) Request: Change property from Low-Density Residential to High-Density Residential on the western portion and Community Commercial on the eastern portion. The requested zoning is UR-22 on the western portion and B-2 on the eastern portion. Location: The property is located on the west side of Barter Road, between Boone and Sharp Avenue. Site Area: Total area is about 3 acres, which will be split approximately in half by the Community Commercial/High Density Residential designations. Existing Use: The eastern portion is developed with a convenience store/service station and fast food restaurant. The western portion is vacant. Adjacent Uses: Property to the north is currently being developed into a 1-R.1P_JBoat storage facility; south is Washington State D.C.T. property (part of the 1-90/Barker interchange); east and west is residential. Public Facilities: Water is served by Consolidated Irrigation District#19; access is via public roads maintained by Spokane County. The existing convenience store/fast food restaurant is connected to the County's sewer line en Barker Rd. by a private 2" line_ August 14, 200s Page 8 of 9 Staff Report 2003 Comprehensive Plan Amendments Development of the western portion may require connection to the County's sewer line to the west, which is yet to be constructed. Kevin Cooke, Spokane County Utilities, informed the Community Development Staff that a line will be constructed about 1000' east of the Flora and Mission intersection. The developer of the subject property would be required to extend sewer to this location, rather than east to Barker Road. Engineering issues aside, future development on the site would be required to connect to the County's public sewer system. Previous Land Use/Zoning: The property was converted to 1-2 zoning in 1957, 1953 and 1971 The convenience store was constructed in 2000. In 2001, Spokane County designated the area Low-Density Residential on the Comprehensive Plan Map and applied the UR-7 zone. Comprehensive Plan/Zoning Analysis: The existing use of the property is not consistent with the current Low-Density Residential designation and UR-7 zoning. The requested Community Commercial designation for the eastern porton of the site is consistent with the existing use. The Comprehensive Plan describes Community Commercial as "areas for retail, service and office establishments intended to serve several neighborhoodsm. Policy UL.2.13 encourages the location of medium and high density residential categories near commercial areas and public open spaces and on sites with good access to arterials. Policy UL.2.17 encourages multifamily homes to be integrated into or next to neighborhood, community or urban activity centers; and integrated into small, scattered parcels throughout existing residential areas. Recommendation: Community Development staff supports the requested Community Commercial designation for the existing commercial business on the eastern portion of the site. However, staff does not support designating the western portion High Density Residential, but does recommend designating the site Medium Density Residential. This will provide for a better transition between commercial and single-family residential and will have less impact on the existing single-family neighborhood. (See Attachment 7 for application materials, SERA documentation and related maps.) August 14, 2D03 Page 9 of 9 ,_ - - Comprehensive Plan i _ Land Use Map -- - --[---1 i ///,0,--'-' j f ______ __I___ _ ! -7 / ________________ i ......__ ....., _____ . _ . - ., . . .: __ • . ; . _ , •.,ewaN._ _ __. ' Tunr-fi U:111, 1 11 _....,,,_ _ ____ _______T_ site , -------------------.____,____-------- 1. 1-' 1 lj .I-I-. MIGIlin - ______ _______h_ 1 Comp Plan Category % 5� 1 Rural Conservation • Low Density Residential . Medium density Residential - 11.1 High Density Residential iF- L J Neighborhood Commercial Community Commercial 1 1 1 'y Regional Commercial Mixed Use _1 N MI Community Center ® Urban Activity Center Light Industrial I Heavy Industnal 1 Mineral Land 1111117 r 4I 1i__ `- _ - i_ August 15,2003 Comprehensive Plan Amendment `pvlare 390 CPA-03-02 .Valle Feet Zoning leap I. ti . r 11 Prague - ', - , ' . .. ... ... :. '-: .eWS i 1111111111111 il- TTI 1111111'1 1 11111'111: ,L___J„L__, 111111/11 i111111111 1111111111'11 FILMES - -.___L,______li-1 r--1 R Zoning Class II ] UR-3.5 ILJuR-7 !, 1- , UR-12 �II-1B-1 I Ell 1-2 EN 1-3 1 1111 11 _ME ILath_ I___ 1 + ___ - August 15, 2003Comprehensive Plan Amendment sti 4G0 CPA-03-02 I I Feet 4000 Valley FILE NO it -0 3 Sirr�� pR.911-e, City of Spokane Valley Application for Comprehensive Plan Arnendmt'R"fklEIVED PART I JUN 2.52U3 APPLICANT NAME: Associated Restaurants, Inc, PHONE: C 3A IA ;'iia i1 an_e_VJley ADDRESS: 3120 South Raymond Circle EMAIL: ;CITY/STATE/ZIP:. Spokane, WA 99206. ; ,FAX PROPERTY•OWNER 1 (IF DIFFERENT FROM APPLICANT) NAME: PHONE: ADDRESS: - _ f ErvIAIL: CITY/STATE./LIF: I FAx: PROPERTY OWNER 2 (IF MORE THAN TWO FKOPERTY OWNERS, ATTACH SEPARATE•SHEET) NAME: PHONE: ADDRESS: EMAIL; CITY/STATE/ZIP: 'FAX: AGENT/CONSULTANT/ATTORNEY E NAME: Richard Repp PHONE: 5119-1624-5265 ADDRESS: 422 West Riverside, Suite 1100 • EMAIL: . , . CITY/STATE/ZIP Spokane, WA 992 a1 1 FAx: 50g-458-2728 ' LAND USE MAP l~,HANGE PRQPc S L:: : • .•. . n. j CURRENT DESIGNATION PROPOSED DESIGNATION LAND USE MAP Medium Density Residential 3 Reg ion al— srr r I n-- ZONING MAP Neighlaorho.od -Commer-cial (B-1 Regional CoMniercial (B-3) COMPREHENSIVE PLAN POLICY CHANGE PROPOSAL 1ATrACH SEPARATE SHEET IF NECESSARY). CURRENT POLICYDoes not apply, this is a lard use map change only. PROPOSED Does not apply, this is a land use map change only. POLICY I OFFICE USE ONLY: ❑ City Initiated tiken•lnitiated Concurrency Review Required: ❑ YesL7 No Date Received: 6O �e-I Received By: li. 6/13/2003 Page 1 of 5 PART H LEGAL OWNER SIGNATURE • (Signature of legal owner or representative as authorized by legal owner) I, '{ , (print name) SWEAR OR AFFIRM THAT THE ABOVE RESPONSES ARE MADE TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE: • I FURTHER SWEAR OR AFFIRM THAT I AM THE OWNER OF RECORD OF THE AREA PROPOSED FOR THE ABOVE IDENTIFIED LAND USE ACTION, OR, IF NOT THE OWNER, ATTACHED HEREWITH IS WRITTEN PERMISSION FROM THE OWNER AUTHORIZING MY ACTIONS ON HISIHER BEHALF. ADDRESS: 3120 South:•'Rayrncrnd Circle PHONE: 509-928-B320 Spokane — WA ZIP: 99206 (City) idg (State) - , "...at,.. 41.E 6- Signal (Date) . . • NOTARY STATE OF WASHINGTON ) ss: • COUNTY OF SPOKANE ) SUBSCRIBED AND SWORN to before me this g0 day of . _ •. , 201(- 1; I -A $; t 4' . 11;� ' 411 NOTARY NATURE 4 c2S %• •: OTAliy 'f�: e . - f .0 r Notary Public in and for the State cf'�la�l�Ington 0 • 1 P I LtC ; Residing at : •, •., d '' ' I ‘../ '"•=1,-........--.0-7"7- My appointment expires: I. 0 g q i t 6)1312003 Page 2 of 5 li PART III SITE DATA PROJECT/PROPOSAL SITE AREA(ACRES OR SQ, FT.) 3.0± acreJparcel L1.51 92.9_143. .91)2 (ptn; ADJACENT ARE OWNED OR CONTROLLED(ACRES ORSQ.FT) 3.58 acres and 9.5 acres EXISTING USE OF PROPERTY: - undeveloped SCHOOL DISTRICT: , West Valley _ FIRE DISTRICT: Fire ,Dlstriet #1 WATER DISTRICT: - ast 5prag e NEJGHBORHCOD ASSOCIATION: ' PUBLIC OR PRIVATE ROAD ACCESSING PROPERTY: Appleway Avenue • WIDTH OF PROPERTY FRONTING PUBLIC/PRIVATE ROAD:_ 570' ACCESS TO EXISTING OR PLANNED ARTERIAL? (YIN) des NAME OF ARTERIAL ROADS: _ Appleway Avenue Couplet • PREVIOUS ZONING/LAND USE DECISION LIST PREVIOUS PLANNING ACTIONS INVOLVING TITS PROPERTY: Rezoned subject property and adjacent property from Urban Residential-22 (UR-22-)- and Urban Residential-3.5. (UR-3.5) to ;Neigh-boT-h �od Slasiness (S-1 ) and Regional Business (B-3) . See Hearing Examiner Findings ZE-1-01 and Board of-County Commissioners Findings 1-1235. CHANGED CONDITIONS _ WHAT ARE THE CHANGES CONDITIONS WHIOH WARRANTS,TKIS PROPOSED CHANGE? Construction of Couplet splits Sprague Atrenue traffic in half bringing it by subject properties. Adjacent properties have been rezoned to Regional Business (B-3) . See Z E= -.01 and ZE-25-0O. The property now hes 500 feet of frontage on Appleway Boulevard where there is an average daily traffic count of 17,000 vehicles. Water, sewer, gas, electrical and fiber-optic cable are all available on site, 611312003 Page 3 of 5 PROPOSAL PROVIDE GENERAL DESCRIPTION OF PROPOSAL: Change zoning from Neighborhood Business (B-1 ) to Regional Business (B-3) Change Comprehensive Plan land use designation from Medium Density Residential to Regional Commercial • • • ADJACENT LAND USES DESCRIBE EXISTING LAND USES WITHIN THE VICINITY OF PROPOSAL: North: Zoning to the north and northeast of the project site consists of B-3. established -in 1991 , previously classified as Commercial (C) it 1941, arid` 1976-..- Land 976':Land uses to the north and northwest of the site are predominantly regional serving businesses fronting on Sprague Avenue (see ZE--26-00), South: Zoning to the south is classified as Urban Residential-3..5, (LIR-3:.5)-. and. is undeveloped. • East: Zoning to the east of'the site consists of !Regional Business (B-3) and Urban Residential-22 (UR-22) _ West: _Zoning ,to the west of the site• consists of Urban Residential-22 (UR-22) The UR-22 zone was established .in .1991 and was previously zoned Commercial in 19+ 1 and 1954. A mobile home park exists on the adjacent parcel to .the west. • r • 6113/2003 Page 4 of 5 COMPREHENSIVE PLAN CONSISTENCY DESCRIBE How PROPOSAL IS CONSISTENT WITH COMPREHENSIVE PLAN—CITE SPECIFIC GOALS/POLiCIEs: See attached sheet PUBLIC FAC[LITIES DESCRIBE AVAILABILITY OF PUBLIC FACILITIES AND SERVICES, INCLUDING, ROADS. WATER, SEWER, PARKS,AND PUBLIC TRANSIT: The site is located adjacent to. the, new Valley Couplet, , Appleway Avenue, which is classified by the Spokane County Arterial Road Plan as a Principal. Arterial. Water is available from East Spokane County Water District No. 1 . Sewer service is available from the Spokane County public sewer system. Fiber-optic cable, gas and electricity are available on site, •6/1312003 Page 5 of 5 Comprehensive Plan Consistency I. Describe how proposal is consistent with Comprehensive Plan—Cite specific goals/policies: The site will be developed as a commercial area adjacent to the Appieway Couplet. The project is consistent with Policy .-13.1 which states: Designate a variety of'strategically located commercial areas that will be accessible from roadways of major arterial classification or higher, served with utilities and free of major environmental constraints. The site is appropriate for commercial de ve.lopment, as evidenced by the designation of adjacent parcels north of Appieway Boulevard, a Principal Arterial. Public utilities including public water, sewer, roadways,police, fire and transit serve the site. The site is free of major environmental constraints. The terrain of other adjacent properties to the south.(owned by the applicant)rises over 115 feet and is therefore a natural buffer to this proposed B-3 designation. The project is consistent with Policy LTL.13.6, which states: Zoning and other land use regulations shall provide the following improvements for commercial development: a, Paved streets Sidewalks and bicycle lanes in commercial and retail areas c) .Parking,bikeracks and transit facilities for employees and customers (some facilities may be cornmuntt'l) d) Landscaping along streets, sidewalks and parking areas to provide an attractive,appearance - e1 Adequate stormwater control, including curbs, gutters and stormwater • management facilities • .15 Controlled traffic across arterials and intersections Expansion and development of this vacant, undeveloped property is also consistent with Spokane County's Economic Development goals. Specifically, Goal ED.3 states: Create a healthy and sustainable regional economy by the retention, expansion and recruitment of business. Page E.D.3. Approval of the requested rezone will further the County's goal of developing new business with the use of existing infrastructure, See Goal ED.1 O,which states: To attract new employers and to allow existing business to expand a diverse inventory of industrial and commercial land must be maintained. �.. Comprehensive Plan Amendment Associated Restaurants, Inc. Page 1 Development of this vacant, undeveloped property is also consistent with the City's in ll development goals. The adopted economic development plan for the City provides that infill of undeveloped property in areas that are already provided with services should be encouraged and,special incentives to encourage infill development should be implemented. See Goal ED.9. • • • • • Comprehensive Plan Amendment Associated Restaurants,lruuc. Page 2 509.477 4703 001 08/18/2003 09:02 FAX 509 477 9703 SPCKA,'E Co BLDG_ NO. 1 1235 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,WASHINGTON IN THE MA1"thR OF-AN APPLICATION ) FOR A ZONE RECLASSIFICATION ) FROM THE URBAN RESIDENTIAL- 3.5 ) FINDINGS OF FACT,CONCLUSIONS OF (UR-3.5)AND URBAN RESIDENTIAL-- ) LAW AND,DECISION 22 (UR-22)ZONE TO REGGIONAL BUSINESS( 3-3)ZONE Applicant Associated Restaurants, Inc. File No. ZE-1-01 THIS MATTER, being the consideration by the Board of County. Commissioners of Spokane-County ("Board") of the Decision of the Spokane County Hearing Examiner (Hearing Examiner) dates] June 18, 2001, wherein the Hearing Examiner approved the application by Associated Restaurants, Inc., ("A plicant") to rezone two (2) parcels of property, one comprising 6.5 acres from UR-22 to B-3 and the other comprising 3 acres from UR-3.5 to B-3 for development of all uses allowed in.the B-3 zone,no Site Pian being submitted; and the Decision of the Hearing Examiner being timely appealed On June 28, 2001 to the Board by Dishman Hills Association; and the Board having held a closed record hearing on November 13,2001,to consider argument on the Hearing Examiner's record certified to the Board;and an oral Decision being rendered by the Board on December 4, 2001. to modify the Decision of the Hearing Examiner and the Board having directed that Findings o#'Fact, Conclusions of Law and Decision be prepared reflecting such oral Decision to be executed at a subsequent Board public meeting. NOW, THEREFORE, as provided under Spokane County Resolution No. 96-0632, the Board does hereby eater the followings FINDINGS OF FACT I On January 23, 2001, the Applicant submitted an application ("Application") to the Spokane County Division of Planning to reclassify approximately 9.5 acres of property. The application consisted of two (2) parcels of property, One parcel of property consisted of 6.5 acres and is located along the North side of Appleway Boulevard. The other parcel of property consisted of 3 acres and is located on the South side of Appleway Boulevard. The'Application requested to reclassify the 6.5-acres parcel oaf property from UR-22 to B-3. The Application requested to rezone the 3-acre parcel of property from UR-3.5 to 13-3. Because the parcels of property were in dose Page 1 of 7 96/1312003 09: 03 FAX BOO 477 470 SPOKANE CO BLDG. 12 002 • 135 proximity to each other, the Applicant was allowed to submit one application for both parcels of property. No Site Plan was included with the application. The Application sought approval for all uses permitted in the B-3 zone. (Certified.Record, Document No. 21,page 4-5,Document No. 1). lEI. The Hearing Examiner conducted a public hearing On-May 9, 2001 and May 11, 2001 to consider the Application. (Certified.Record, Docurent.No, 27,page 5)., III. On June 18, 2001, the Hearing Examiner approved the Application to rezone both parcels of property to 3-3 subject to inclusion of;an additional condition with respect to the 3-acre parcel of property located South of Appleway Boulevard. The additional condition required future Site Plan review at a public hearing prior to the issuance of any building permit or signage permit on the 3- acre parcel. (Certified Record, Document No. 27,.page I, 32[Item.No. 4J). On June 2S, 2001, Dishman bill Association ("Association") timely appealed the Hearing Examiner's Juno 18, 2001 Decision to the Board of County Commissioners. The appeal did net challenge the Hearing Examiner's,approval of the 6.5-acre parcel of property located on the North side of Appleway Boulevard from 11R722 to UR-3.5. The appeal only challenged the:Hearing Examiner's approval of the 3-acre parcel of property located on the South side of Appleway Boulevard from UR-3.5 to B-3. The.appeal also challenged the Determination.of Non Significance ("DNS',').-issued for the -entire.rezone by the County, Division of Planning. (Certified Record, Document No. 2$).. . V. - The Board of County Cominissioners held a closed record hearing on November 13, 2001 to.'consider•oral argument on the record of the .hearing before the Spokane :County Hearing Examiner, which record was certified to the Board of county Commissioners on or about October 5, 2001. (Certified Record filed with the Board of County Commissioners). At the closed record hearing, the Applicant was represented by Dwight Hume. Appellant was represented by Mike Hamilton,President of the Dishman Hills Association. . VL • Spokane County Resolution No. 96-0632 provides in material part: SECTION NO. 16: BOARD. OF COUNTY COMMISSIONERS ACTION ON APPEAL • The Board may affirm, reverse, modify, or remand the decision of,the Hearing Examiner. , - Page 2 o r 7 06/13/2003 D903 FAX 509 177 4703 SPOKANE CO BLDC. la003 11 The Board may reverse or modify a decision of the Hearing Examiner if it finds that: (2) the Hearing (team cision is an erroneous interpretation of the law; after alloWinfor such.deference as'is due the construction • of a laNNi.__ hy1A3sL1,1 'urisdiction • (3) the Hearing 'Examiner's decision is not snpported by evidence 'that is substantial when viewed in light bf the entire'record; (4) the Hearin!: Examiner's decision is -a clearl erroneous Lipplication of the law to the facts; . (Emphasis added). - Vff, - 'The 3.-adre-parcel of property,which is the subject of the ap'peal, is-lotated on the South side • • of Applec•Vaji' BouleiPard. - This 3-acre parcel is-located. within the,.Urban category of the ;-ComprehensivefPlan. 'The Urban category of the Comprehensive Plan is implemented by the UR- • 2-2 fie'l B1: one and ES-2-zonerlt is notimplernented bylhe B-3 zone. The B-1 zone allows an • assbitrnent of eon mercial useS that are generallTless.intensive and subject to stricter development standards than the commercial uses permitted in the B-2 and B-3 zones. (Certified'Record, Doctonera No. 27,page 27). • • VEU. The 3-acre parcel Of property dces not abut the Major Commercial Land Use Category of theCoMpre.herisive Plan. It is.s eparated from the Major Commercial Laud Use Category of the_ Comgrehenslue Plan by Appleway Boulevard. Appleway Boulevard is a definable boundary between the Major Commercial Land Use Category and Urban'Category of the Comprehensive Plan The Comprehensive Plan does address Transitional Areas. Transitional.Areas are areas along the boundary of two (2) or more Land Use categories. Trail. sitional Areas arc areas that can allow development complying with either Land Use category depending upon the decision maker's site- specific approval. The 3-acre parcel of property located South of Appleway Boulevard should not be considered in the Transitional Area. Appleway Boulevard is a.'clear_ boundary between the Major Commercial and Urban category. Even if the 3-acre parcel were considered in the Transitional Area, the COmprehensive Plan glossary'recognizes that development on such parcels of property are dependent upon the -decision maker's site-specific approval. No site plan was submitted with the Application:Moreover, merely because a parcel of property is within a Transitional Area, does not warrant its consideration under the most intensive land use category. ( — • Either laud use category.can:be considered in conjunction with reviewing a land use request • • Page 3 of 7 c6/,t8f2003 09:94 PAX 509 977 9763 SPOKANE CO BLDG. 0 004 • • 1 3 5 it . The 3-acre parcel of property is located approximately 500 feet North the 530-acre Dishman Hills Natural Area. The land between the 3-acre parcel of property and the Dishman Hills Natural Area rises steeply and is also owned by the Applicant and is zoned UR-3.5. • x • The Spokane County Hearing Examiner's decision of June 18, 2001 properly and thoroughly considered all challenges to the DNS issued by the County responsible official. (Certified Record. Docc rt entAo. 27,page 23-27). XI. The Hearing Examinees decision of June 18, 2001,wherein he approved the rezone of the 3-acre parcel of property located South of Appleway Boulevard, is not supported by the record, especially in light of the parcel's proximity to the. 530-care Dishman Hills Natural Area. The approval of all uses allowed ire the B-3 zone for such sit; to include, among others, an automobile truck painting repair business, automobileltruck sales departmentivariety store, furniture/repair business, general retail sales,hetet/motel, and lumber yard retail,would be detrimental to the public heal safety, and welfare, The uses allowable in the 13-4 zone are not nearly as intense and are subject to stricter development standards than the uses,permitted in the B-2 and B-3 zones. As such,uses in the B-1 zone willbe compatible with,the adjacent land uses. Any finding of fact herein above stated which.is deemed a Conclusion of Law is hereby adopted as the same. Any Coni~lusiioa of Law herein after stated,which deemed a Finding of Fact herewith, is hereby adopted as the same. THE BOARD, having determined the above set forth Findings of Fact now makes the following; CONCLUSIONS OF LAW • lE. Washington case Iaw generally provides that there is no presumption in favor of a rezone, theapplicant for the rezone must prove that conditions have substantially changed in the area since the last zoning of the property, and the rezone must bear a substantial relationship to the public health, safety, or welfare.Par•krtdge v Seattle, 98 Wn.2d 454, 462, 573 P.2d 359(1975 . Pate4of? 06.413/2003 05:04 FAX 509 477 4703 SPOKANE CO BLDG. �005 • 1.x:.:35 IL Although a Comprehensive Plan is considered a general blueprint for Land Use regulation, general conformance with. a Comprehensive plan is required for approval of a rezone. Cfiizens for Mount Vernon v. City of 11 eurit Vernon, 133 Wn.2d HI, 873, 947 P.2d 1208-(1997). The Spokane-County Environmental Ordinance provides that a final DNS may be appealed on substantive grounds in. conjunction with the underlying decision- If a majority of the entire decision-making body finds that the facts and directed bythe body information do support alterthe the threshold NS of the responsible official, the responsible official may be determination. (Spokane County Environmental Ordinance, Section 11.10.170). VI. The Hearing Examiner's decision of June 18, 2001, after allowing for such deference as is due, wherein he rezoned the 3-acre parcel of property 1ortated South of Appleway Boulevard;'is not supported by substantial evidence and is a:.erroneous application of the law to therecord`in'that the parcel of property should not have been considered in a Transitional Area, but should have beery.analyzed asbeing within.the Urban.category of the Comprehensive Plan. The Urban category of the Comprehensive Plan is not implemented by.the B-3 zone, but is implemented by the tlR=Z2 and B-I zones. ME BOARD, having determined the above set forth Conclusion of Law now makes the following; - , DECISION - . Based'upon the foregoing.FINDINGS OF FACT AND CONCLUSIONS OF LAW the - Decision of the Hearing.Examiner dated June 18, 2001, wherein the Hearing Examiner approved rezone of the 3-acre parcel of property from UR-3.5 to B-3, is'hereby MODIFIED to a rezone of the 3-acre parcel of property from UR-3.5 to B-1 subject to all conditions included within the Spokane County Hearing Examiner's decision of June 18, 7001. ft should be noted that there was no appeal filed with regard to;the Spokane County Bearing Exam-iner's approval of the rezone of the 6.5 acre parcel of property which is located North of Appleway Boulevard from IRL22 to B-3. • • Page5of7 Q648/2003 09:05 FAX 508 477 4013 SPOKANE CO BLDG. a 006 i 1235 DATED this day of,72 2001. • '' .{tip �Y i r ..i �� ' 4�J BOARD OF CO ' TY COMMISSIONERS OF SPOKANE OTY, WASHINGTON t i F ACV . ,r- !. !. 8, Chair mal .tiLy. � .4 1 r Al FESTS'I'. 1., ' o v r VICKY M.DALTON, M. IAT' /LIN, V. e-chin' C e. r : Board ../ / L ./. tip , / t/1 .1 .r. I �! !*. L .di r .,, ANIMA ERICKSON. Jo ''¶ ROSKELLEY Deputy TSE CLERK OF TEE BOARD SHALL MAIL A COPY OF THIS DECISION TO THE APPLICANT AND APPELLANT OF RECORD. • THIS. DECISION CAN'BE APPEALED BY FILING A LAND USE PETITION WITH THE SUPERIOR COURT WITHIN TWENTY-ONE (21) CALENDAR DAYS AS PROVIDED FOR IN CHAPTER 37.70C RCW AND MEETING OTHER PROVISIONS OF THAT CHAPTER. . THIS NOTIFICATION AND DECISION HEREIN SHALL ACT AS OFFICIAL NOTICE UNDER RCW 43.21C.075. PURSUANT TO RCW 36.70B.130,AFFECTED PROPERTY OWNERS MAY REQUEST A CHANGE IN VALUATION ICOR PROPERTY TAX PURPOSES NOTWITHSTANDING ANY PROGRAM OF REVALUATION. THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY IS DIRECTED, AS PROVIDED FOR IN RCW 36.7011.130, TO FILE THE ATTACHED LETTER WITH THE SPOKANE COUNTY WITHREGARD TO THE BOARD OF COUNTY COMMISSIONERS ACTION REFERENCED HEREIN ABOVE. A6.5--E.5-sop„#0_,) Page 6 of 7 06 18/2003 09:0S FAX 509 477 4703 SPCKAN-E CO BLDG. a 007 December L&2001 Byron Hodgson Appraisal Manager Spokane County Assessor's Office 1116"N,Broadway Spokane,WA 99260-0010 RE: Notice of Decision in County Nanning File NO.Ze-1-0E approving a rezone of a 6.5 acre parcel of property from UR-22 to B-3 and A 3 acre parcel of property from LJR.3.5 to B-3 Dear Mr.Hodgson: - - Enclosed you will find acopy.ofthe Board of County Commissioners Findings of Tract,Conclusions of Law and Decision{"Decision")withrespect to the above matter for filing with your office. The lust page of the Decision puts property owners on notice that they may'request a change in Valuation for property tax purposes_as a.result of the Decision notwithstanding any,program of rev.aluatiori. RCW 36.701D.130 and the County's land use processing procedures requite that the County must fife a notice of any local laud use decision with the County Assessor's Office,and that such notice specify that property owners may request a change in valuation For property tax purposes notwithstanding any program of revaluation. County Assessor Sadie Cooney requested that she receive a copy of the entire decision. The Decision affects tax parcel No.45192.9143, and portions ortax parcel nos.43192.9 L72 and 45192.9139. I haiie attached to this letter a copy of-the legal de.sc rriptiori;far the project which is the subject of the Board of County Commissioners Decision. ' , _Please be advised that this Decision is still subject to appeal. Before relying on the Decision to change any - requested property revaluatioits:by property owners,'l recommend ihatryau check with the;Civil Division of the Prosecutiing•Attot ieys Office to.ensure that the decision.has become fatal or has not been me dined: Sincerely, Daniels Erickson,Clerk' - . Board of County Commissioners • 1 1235 H:ILZaaem+arAdccis i onslasso cirri e d resrsura rrts 1206C 1.duc - . page 7 of 7 o8,"..1a/f2ao3 0905 FAX 509 477 4703 SPOKANE CO fIL0G. Uoos - : kr1111 kane County Official Zoning Map 1 ii Base Features C1 . . . .. . _ • . • . . .._ . .---- . .. • . . • g 1 '17-flig‘Zi":075774-471fiNgrg9TAPPRIWKW7,44rgil '':Virigilill-M.Wx..415;rN,1:44'Iff.4.57.15i 1 2-4r:diar,'....714...rvfr,..4,:,,, ,..,:. k10.16,400aviotr4ToktAl‘. 444,44,.:4t.evorAviive.w..iril:"0..E„ 1 1 r .-. Ott' .4U 1.._,•'lk... •i':-f:43-, '041 ,, 1,4,Ay-o• ; °. ,....ittlit,• *1.61V.11.7-V... 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C1TVeofs, kaile Department of Community Development dielvValleY LONG RANGE PLANNING DIVISION DATE: August 4, 2003 FILE #: CPA-03-02 APPLICANT:Associated Restaurants LOCATION: South side of Appleway, east of Park Road, Spokane Valley, WA REQUEST: Comprehensive Plan Map amendment from Neighborhood Business to Regional Commercial; corresponding zoning map amendment from 8-1, Neighborhood Business to 8-3, Regional Commercial. Background The subject property is located on the south side of Appieway Boulevard, east of its intersection of Park Road and is approximately 3 acres in size. Prior to incorporation, the County adopted a change to the comprehensive plan map for the subject property_ The County's designation on the property changed from Low Density Residential to Neighborhood Commercial. The County did not amend the official zoning map to implement the comprehensive plan map change. When the City adopted the interim zoning map for Spokane Valley, the zoning on the subject parcel was changed to B-1, Neighborhood Commercial to implement the comprehensive plan map designation. The site is currently vacant and is surrounded by the following uses and zoning districts: north - Appleway Boulevard and zoned 8-3 currently being developed with the Dishran Dodge expansion; south — vacant, lower end of Dishman Hills, Camp Caro located in the Dishrnan Hills Natural Area is located further south of the site zoned UR-7; east vacant land zoned UR-7, Residential; and west— Rose Haven Mobile Home Park zoned UR-22. The subject property was involved in a larger rezone request processed by Spokane County in 2001. The applicant requested that the subject property and property on the north side of Appleway be rezoned to B-3, Regional Commercial. The County Hearing Examiner recommended approval of the rezone request to B-3, including the subject property, to the County Commissioners. The Commissioners modified the rezone to approve B-3 only on the property north of Appleway and rezoning the subject property B-1. SEPA Analysis The requested comprehensive plan map and rezone is considered a "non-project" action under SEPA. The applicant does not include provisions for a specific project at this time. The requested rezone, if approved, would result in a wider range of commercial and retail land uses to be allowed an the subject property. Given the wide range of potential uses that would be allowed under the requested B-3 zoning, it would he extremely difficult to identify specific impacts with potential development of the subject property. A more appropriate time to assess the impacts of development of this property would be at the time a project specific related environmental review is conducted. Recommendation Staff recommends that a Determination of Nonsignificance be issued for the proposed comprehensive plan and zoning map amendment. 2 0.05,199.- LA City of Spokane Valley DETERMINATION OF NONSICN FICANCE Description of proposal: Re uest a Corn rehensive Plan Ma amendment from Nei hborhond Commercial to Re 'one Commercial and a rezone from B-1, l+�eighborhood amendment. to CamJnercIal. Prop meat C of Spokane Vaf Location of proposal, including Street address„ if arty: This action is considered a non- no" ct action under RCW 4&21C and is cificall located in ate NW 3 of Section 14 Townshi 25 North, Ran 44 .EWM- arcel number 45192.9143 and a rtion of 45192.1972 S okane Vail Washin Ott. Lead agency: Ci of Spokane Valle _ The lead agency for this proposal has determined that it does not have a probable sigrdficant adverse impact on the environment An Environutental Impact Statement (S) is not required under RCW 43.21C.03)(2)(c). This decision was made after review of a completed emrtronmental checklist and other information on file with the lead agency. This information is available to the public on request ] There is no comment period for this DNS_ [ ] This DNS is issued after using the optional DNS process in section 197-11 WAC. There is no further comment period on the DNS, This DNS is issued under 197-11-340(2};the lead agency will not a this r o r.s, f. 14 days from the date below. Comments must be submitted by ir.�f, . r . {s - • Responsible official: Marina Sulcmp,MCP_ Position/title: Director o£Cor ms 'nevelapnentPhone: (509) 921-10012 Address: 11707 Fast S ra Avenue Suite 106° okane Vali WA 99206 Date C7 Signature ' , t You may appeal this determination to(name) Marina Sukul at(location) Ci Halt located at 117W East S a e Avenue S okane V WA no later than(date) 104 p.m. by(method) Written Statement of Appeal You should be prepared to make specific factual objections. Contact Greg McCormick,AICP to read or ask about the procedures for SEPA appeals. 1 Distribution List: 1. WA State Department of Ecology (Olympia) 2.. Spokane County Department of Public Works, Gerry Gem ill 3. Spokane Regional Health District;Steve Holderby 4_ Spokane County Division of Building and Code Enforcement Jeff Forty 5. Washington State Department of Transportation;Mark Rohwer 6. Spokane County Fire Protection District No. 1 7. Spokane County Fire Protection District No. 8 8. Camhope Irrigation District No. 7 9. Consolidated Irrigation District No, 19 10. East Spokane Water District No.1 11. I-luteins on Irrigation District No. 16 12. Irvin Water District No. 6 13. Model Irrigation District No.18 14. Modern Electric Water Company 15. Spokane County Water District No. 3 16. Trentvood Irrigation District N'o.3 17. Vera Irrigation District No.15 18. City Of Spokane,John Mercer 19. City of Liberty Lake,Doug Smith 20. City of Millwood,Heather Cannon 21. 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I gn �fi,ttal Tr lfa,`fl:s[,'�hat� Swti■ Zl i IF .7. sem.• IW.M EL 1 + : i 0- 1 *F x?l e_ cel' '� SI I ��11��,...^nnn ( [! [IAF F7711..IVLI. y?Sy1F.„ 1 • ti 1 t F {} kd4TY aur Gl 1 pYJtPe - - SPOKANE COUNT?HEARING EXANrN R RE: Zone Reclassification from the Urban ) Residential-3.5 (OR-3.5) Zone and Urban ) FINDINGS OF FACT . . Residential-22(JR-22)Zone to the ) CONCLUSIONS OF LAW, Regional Business (B-3)Zone; ) AND DECISION Applicant: Associated Restaurants, Inc. ) Pile No. ZB4 Olt ). • I. SAY OF PROPOSAL AND DECISION Proposal: Application for a rezone from the Urban Residential-3.5.(UR-3.5) and Urban Residential-22 (tJR-22)zones to the Regional Business (B-3) zone, on appreximately 9;5 acres of land, for those uses allowed Lathe B-3.zone: Decision; Approval of rezone ofnorth.east portion of site,subject to conditions. Approval of rezone of southwest portion of site, subject to future site plan review at a public hearing. Denial of appeal ofDetenin.ation ofNonsignificance. The Hearing Examiner has reviewed the rezone application and the evidence ofrecord, and hereby adopts the following findings of fact, conclusions.of law and decision: • [. BACKGROUND/FINDINGS OF FACT A. General Information: Applicant/Site Owner: Associated Restaurants, Inc., 3120 South Raymond Circle, Spokane, WA 99206 . - • Location: Generally located along the north and south sides ofrAppleway Boulevard, east of its intersection with park Road,in the NWV4 of Section 19, Township 23 North,Range 44 . Ear Spokane County,Washington. Legal Description: As described in an attachment to the zone reclassification application. Parcel Numbers: County Assessor's-tax parcel nos.451923143, and portions of tax parcel nos. 45392.9172 and 45192:9139. . Zoning: The northerly half of the northeast portion of the site is zoned Urban Residential-22 (UR-22). The southerly half of the northeast portion of the site, and the southwest portion oftb.e site, are zoned Urban Residential--3.5 -3.5). The site is also located in the Aquifer Sensitive Area Overlay zone and the PublicTransitBenefit Area designated by the County Zoning Code. TIE Findings, Conclusions and Decision - ZE-1-01 Page 1 . Comprehensive Plan: Urban category'. The property is also located within the Aquifer Sensitive Area,Priority Sewer Service Area and Urban Impact Area designated by the Comprehensive Plan. IUGA: The site is located inside the interim urban growth area boundaries designated by the County,pursuant to the State Growth Management Act. - Critical Areas: County Critical Area maps do not illustrate any critical areas on the subject property. The Critical Areas gee412Yard.map illustrates erodible soils on the land lying south and southeast of the southwest portion of the site, The County DNR stream types map does not illustrate any streams requiring a riparian buffer under the County Critical Areas Ordinance, or seasonal streams, on or near the Site. • The Critical Areas priority wildlife habitat,map (dated 10-6-99)•desigjates Turban Natural Open Space within the Dia'laron.Hills Natural Resource-Conservation Area(NBCA). Such designation Curves northeasterly from the northwest comer of the NRCA toward Appleway'Boulevard, approximately 300 feet east of the southwest portion of the site. Such map also illustrates two "candidate species".location in,thcNRCA, i.e. in the center af'Section°19 and in the SE Va of Section 19,'Township;25N, Range44 - Environmental Revie a A Determination of Nonsignjficauce(DNS)was issued for the proposal on•April 20,2001, On May 7,2001, Michael Hamilton,President of the Dishman Hills Natural Area,Association,appealed the DNS to the Heng Examiner. Site Description,: The site is approximately 9.5 acres in size, •The Staff Report erroneously - indicates the site as 19.E acres. The southwest portion of the site consists of 3 acres, and is located on the south side ofAppleway Boulevard. 'The'ntartl east;portion consists of 6.5 acres, and is located along the north side of Appleway. Several curb cuts to Appleway Boulevard are .provided for both portions of the site. A fire hydrant is installed on the southeast portion;of the subject property. Both portions of the subject property are relatively flat, vacant and undeveloped, and shape. downward slightly from south to north. The southwest portion of the site was recently logged. A few homes with associated.agziicultural structures,previously located.on the northeast portion of the site, have been removed. A flirt path extends along the southerly border of the southwest portion of the site, which was formerly part of the unimproved County right-of way for Third Avenue. - Assessor's tax parcel#45192.9143 makes up the westerly portion of the southwest portion of the site. Portions of tax parcel#s-45192.9172.and 45192.9139 make up.the remainder ofthe.subject • property. Portions of such tax parcels also extend off-site,north (3.5 acres):.to Sprague Avenue, •acrd south(9.5 acres)to the Dishman Hills Natural Resource Conservation Area(IBCA). The applicant owns the entirely of such tax peels., - Area Road System: Sprague Avenue, Appleway Boulevard and Park Road (north of8'' Avenue).in the area are all designated as Principal Arterials by the County Arterial-Road Plan. - Sprague Avenue and Appleway Boulevard form a new one-way couplet("Valley Couplet")in HE Findings,Conclusions and Decision ZE•-1-0I Page 2 • the area,between University Road tai the east and the-Spraguell-90 freeway interchange to the west. Appleway Boulevard, the south leg of the couplet, was.recently developed as a 4-lane arterial, with curb and sidewalk along both sides of the roadway, and a bicycle lane along the south side of the roadway; • Appleway Boulevard, between Park Road and Sargent Road to the cast, generally follows the . alignment of the former unimproved right of way for Second Avenue, Appleway Boulevard was extended through 3 mobile home parks lying east ofPerk,.including the northeast corner°of the Rcse Haven Mobile.Home Park. In September, 2000,the County conveyed to the applicant portions of the unimproved County rights of way for Second and Third Avenues,which sand currently makes up a part Of the north and south-t orders of the southwest-portion of tlxe_site. In return, the applicant.conveyed small pieces of adjoining land'to the County for the-development of Appleway Boulevard. See Counly°R.esolution No. 0--0828, and attachment to Tetter dated 5-18-01 from Dwight Hume to Michael Dempsey. -Spragae.Avenue in the area previously existed as a two-way Principal Arterial in the vicinity. Such arterial is currently being narrowed from 5 lanes to 4 lanes: The 1,90/Sprague interchange lies approximately a mile west of the site,and is currently being reconstructed to accommodate the widening of Interstate 90 in the area. • Surrounding.conditions: The land lying along Sprague Avenue in the arearis desipated in - the Major Commercial category of the Comprehensive Plan, at fltuctuating depths north and south of such arterial. The Major Commercial category lies a block north of Applray Boulevard,between Park Road and-tyre east boundary of the northeast portion:of the site, East of such point,the Major-Commercial category meanders along the north and south borders of Appleway B oulevatd for some:distance- The nort7 east portion of the site abuts the Major Commercial.category on the north and east. . Further to the east, east of Lewis Road, the Major Commercial category meanders south of Appleway Boulevard at varying distances. The-Urbau catekory generally lies south of the'Major Commercial:category inthe area. The Rural category generally lies south Of the Urbain"category, southeast ofthe site`and Appleway, and abuts the Major.Chnirne ial category easterly tif•I,ewis Road. Sprague Avenue comprises aenajor comrnercial•corridor through the Spokane Valley arca The land lying along Sprague Avenue in the vicinity is pthn;ariiy zoned 1.3.-3.and developed with commercial uses_ The land lying west and northwest of the northeast portion of the site, east of Park Road;is zoned 3-3 and is improved with a car dealership (Diabinari Dodge)that fronts along both Sprague Avenue and ApplewayBoulevard. Snell dealership is currently being remodeled on 7 acres of land. In February,2001,do-(2)acres of such land, lying between the northeast poi tion of the site-and Park Road,'were rezoned from the me-22 and IX-3.5 zones to the B-3 zone. The westerly part of said two (2) acres of-lend previously contained the north end of the Rose Haven. Mobile Home Park. See Hearing Fxaniirier decision in File No. Z -26-O0 The land lying-north and northeast of the northeast portion of the site is zoned B-3, and-cc lists of commercial uses along Sprague Avenue end vacant lan.d. The land lying directly east of the northeast portion of the site, north.of Appleway..Boulevard, is improved with the north half of the HE Findings;Conclusions and Decision ZE-1.01, • • Page 3 Woodland Mobile Home Park. In.1991,the north half of the mobile home parr'along with adjoining lend to the north and east,were rezoned from the UR-3.5 and T_7R-22 zones to the 13-3 zone, for development of a mini-storage facility, in anticipation of construction Of the South Valley Arterial road project to the south. The mini-storage structure was never constructed, and the South Valley Arterial project was eventually replaced by the current Valley Couplet road project. In March, 2001, the Examiner approved the rezone of a 199,000 square-foot parcel of land located at the southwest corner of the intersection of Appleway Boulevard and Park Road, from the Urban Residential-7 (LTR-7)zone to.the•Community-Business(13-2) zone,for development of a private parking.lot.- Such parking lot was-to be used.in-conjunction with oices.ofthe , Washington State Department of Transportation,which are located at the northwest corder of such intersection. See Hearing Examinerdecision in Pile No.ZR-32-0D. Single4am. ly homes, • on land zoned UR-7, are found south of the parking lot site. The land lying between the'southwest•porticon of the site and Park Road is zoned , and is developed with the remainder of the Rose Haven-Mobile Home Park. The mobile home park is enclosed.with a,6-foot high, sight-obscuring wood fence. Spokane County owns the mobile borne park,the land lying south of the mobile home park for some distance(except for a small parcel of vacant land owned by the applicant),the land lying south of the westerly part of the southwest-portion of the:site,and.the land lying south ofthe,applicant's,adjacent ownership in tax parcel#45192.9172.. See,parcel infermatian in./albite notice.packet-. The land:lying directly south of the Rose Haven Mobile Home Park is zoned UR-3.5, undeveloped and,forested. Further-to the south,between 4th anad-7'b Avenue, the land is zoned UR-22 and is developed,with.a large retirement facility(old Bdgecliff Sanitarium site). Such land was rczonedto the UR-22 zone in 1991 and 1994,toallow such.,devdppment. .See final rezone decisions in Pile Nos. ZE-56-94 and ZE-47-91. The land lying south and southeasterly of the southwest portion of the siterises steeply to a - height-of approximatelysil0,fect above-.t}the surrounding terrain; _Such land is:owned.by the ,. applicant, and isizened X-3.5,undeveloped, forested.andmou�nta�inous.;l~urther:to:the east, t, along the south side of Appleway Boulevard,the land is developed with a few single-family homes, and the south half of the Woodland Mobile Home Park, on land zoned UR-3.5, and the south half of the Vista Mobile Home Park on land zoned UR-22.. The south half of the - Woodland Mobile Rome Park contains A small.number of mobile homes The NR.CA.lies appro cimately.:S00 feet southeast of the southwest.portion of the site, and abuts the.southeast corner of tax parcel.#45192.9172 and-the south boundary of tax parcel - #145192.9139 owed by the applicant. The NRCA is approximately-53C acres in size.,with recent acquisitions.'This includes acquisition of,thesoutherly portion-of the,south half of the:Vista Mobile Rome Park land,located some distance.east.ofthe.site..--The NRCA is primarily designated in the Rural category of the Comprehensive Plan and.zoned General Agricultural (GA). The County's NGA boundan'es extend along the north and west boundaries of the 1NTRCA in the vicinity. - . - BE Findings, Conclusions and Decision . -irot - Page 4 - • • The NRCA is forested, rocky, undeveloped and mountainous. It has been preserved in its natural - state,except for Camp Caro,which includes.a small lodge and playgrfound, and informal hiking trails. Sargent Road, located approximately a half mile east of the site,provides access to Cep Caro from Appleway Boulevard. A hiking trail extends southeasterly from the southwest corner of the southwest portion of the site to the NRCA. The NBCA is owned separately by the Dishxnan Hills Natural Area Association,Spokane County and the Washington State Department of Natural Resources (Di-R); and is jointly managed by such agencies. The portion of the NRCA that abuts the applicant's adjacent ownership is owned by the DNR. • 'The Dishman Hills Natural Area Association is a large, non-profit, volunteer-ran organization; which association owns approximately half of the NRCA. Description of Proj ect: The proposal consists of a zone reclassification from the UR-22 and OR-3.5 zones to the Regional Business(B-3) zone,for those uses permitted in the B-3 zone. The site plan of record indicates the proposed use of the site as'retail, but does not illustrate any specific development plan.. The site plan incorrectly shows that portion of tax parcel#45192.9172 lying south-of Appleway Boulevard-as zoned QTR-22,_whereas the County's official zoning map for Section 19 shows such land to be zoned UR 3.5: The Staff Report incorrectly states that 70% of the pztject•site is in the TSR-22 zone and that the remaining 30%of the site isin the LTR-33 zone; i,e. the converse is true. B. Procedural Information: .,A.ppticable Zoning Regulations: Spokane County,Zoning Code Chapters 14.402 and 14.628 Hearing Date and Location: May 9,2001 and May 11, 2001, Spokane County Public • Works Building, Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA. • Site Visits: May 8 and.fund 12,2001 Notices: • Mailed: April 23,2001,11y applicant . - Posted: April 20,2001 ,by applicant . Published: April 20, 2001,by County Compliance: The legal requirements for public notice have been met. • Hearing Procedure: Pursuant to County Resolution Nos. 96-0171 and 96-0294 Testimony; . Jim Falk, Dwight Hume Division of Planning 707 West 76 Avenue 1026 West Broadway - Spokane, WA 99206 Spokane, WA 99260-0240 -HB Findings, Conclusions and Decision Z -1-01 - . Page 5. Susan Schmidt Richard Bryant 3808 South Sundown - 12025 Bast 31'Avenue Spokane, WA 99206 • Spokane,WA 99206 • Michael Hamilton - Edwin Repp • 3415 South Lincoln 4512 South Madelia Street Spokane,WA 99203 Spokane, WA 99223 Wanda Warrens Joel Crosby 7311 Bast 5'`Avenue 107 South Howard Spokane,WA 99212 Spokane,WA 99201 Jean Repp 3120 South Raymond Circle Spokane,.WA 99206 Items Noticed: ..Spokane County Generalized Comprehensive Plan 1989.County Parks and Recreation Plan., County Zoning Code, County Zoning Ordinance (now expired), County Code, 1999 County Standards for Road and Sewer Construction, and County Guidelines for Stormwater Management. .County Arterial Road-Plan maps, County.Critical Areas maps and - County official zoning maps for vicinity. .Cauniy. Resolution Nos. 1-0390(moratorium on.on- premise signs along certain aesthetic corridors),•99-0261.(revising Road Standards), 97-0874. (revising interim regulations for County OGAs),96-0294.(Hearing Examiner Rules of Procedure), 96-0171 (Heating Examiner Ordinance), and 85-0900 (adopting Zoning Code, and Program to Implement Zoning Code). Final land use decisions referenced in Staff Report and in decision. • Procedural Matter: : (1) -011May9, 2001,the.Rearing Examiner went on the record..to" • • continue the public hearing to May 11,2001, at the applicant's request. There were no objections.to.such continuance._ - (2) During the public hearing,County Planning staff produced an-unofficial.1991 map of the “Dishman Hills Natural Area". The map shows the hotindaxies of the Dishman Hills Natural Resource Conservation Area(NRCA)at the time,the topography in arid. round.the natural area, and various features in and around the natural area. The Examiner admits such map into the record,recognizing that such map does not Shaw recent acquisitions-to the NRCA east of the site, - - and that the map is not an official map-sanctioned by the owners of the NRCA. " (3)The Hearing Examiner leit•tlie record open ager the public hearing.until May 18, 2001,to allow the applicant to submit additional information regarding the applicant's acquisition of a portion of the southwest:portion of the site &on the County; and to allow Michael Hamilton to submit information documenting the location of priority wildlife habitat in the vicinity on . Washington Department of Fish and Wildlife maps. Both parties timely submitted additional written evidence by May 18, 2001. The Exarnhier has also included in the record a copy of County Resolution No. 0-0828,which ptovided for an exchange of properties between the applicant and the County,with regard to the southwest portion of the site and Appleway Boulevard.. FIE Find ngs,Conclusions and Decision - • ZE-1-01 Page 6 (4) During the•public hearing;the Head Examiner included in the record the Sripplcmental • Environmental Impact Statement(SETS) for the,Valley Couplet project, to provide context tothe excerpts from such document submitted by'the Dishman Hills Natural Area Association, (5) A letter was submitted on May 18,2001 by.Helen Lininger, a resident in'the area,in opposition-to the project_ Since-the information supplied in suchletter goes beyond the scope of the Examiner's allowance for additional information submitted after the public hcariag, the letter is excluded from-the record. III, LAND USE ANALYSIS FINDINGS OF FACT& CONCLUSIONS OF LAW A, Approval:criteria The County Healing Examiner Ordinance authorizes the Hearing Examiner to grant,deny or grant with such conditions,napdifcatious.and restrictions as the Examiner finds necessary to make a rezone application•compatible with theSpokane County(3 nexalized Comprehensive Plan and development regulations.. 'See County Resolution'No. 9&0171.,Attachment"A"; paragraphs 7'(d) anti°section 11. . In considering a rezone application, Washington case law generally provides'that 1)there is no presumption in favor of the rezone,2)the applicant for the rezone must prove that conditions have substantially changed the area sinee the last zcimng of the property, and 3) the rezone proposal must bear a=:substan-tial relationship`to the pale-health,safety or welfare. Parkridge v. Seattle., 98-Wu 2d 454, 462, 573 P.2d 359 0.974 and Bjcin 7. on v:: irsap County, 7,8 n.App, 840, 899'P.2d 1290(1995). - _ Some Washington cases have dispensed with the changed circumstances requirement where -the rezone specifically implemented the policies of the con irehe isive plan 'Pjarnon v. .: County,supra;Save Our,Rural Environment v. Snohomish county, 99 Wn.2d 303,370-371 (1983); and Tugwell v.Kittitas County, 90 Wn.App. 1, 8, 951 P.2d 272 (1999). - A comprehensive plan- considered as a general blueprint for land use regulation. Only general conformance w ith a comprehensive plan is required for approval of arezone proposal. Citizens for Moiint Vernon v. City of Mount Vernon, 133 Wn.2d 861, 873 (1997); and Cathcart v. Snohomish Coin , 96 Wn,2d 201,211-12 (1981). Where the policies of,a.comprehensive plan conflict with zoning regulaticins,the provisions of the zoning code will II'Snally he:construed to prevail. See Weyerha er v. Pierce County, 124 Woad 26, 43'4994); CougarMt.4ssocs. v. King County, 111 Wn.2d 742, 755-57 (1988); and Nagatani Eros. v. Commissioners, 108 Wn.2d 477, 480 (1987). • Section 14.402.420 of the'County Zoning'Code authorizes amendments to the code based on several grounds,without differentiating between amendments to the text of the Zoning Code and amendments to the official zoning map. Zoning Code 14.402.020(1) authorizes the Code to be amended if the change is"... consistent With the Comprehensive Plan and is not detrimental to_the..public.welfare..,'► Zoning:Cole. 14A02.020(2)authorizes a Code amendment wlhere,,. • - 116 Findings, Couciusions and Decisian.. - ZE-1-01 - Page 7 . "[c]banges in economic, technological, or land use conditions Las-occurred to warrant modification of this Code...". These are the most relevant criteria for consideration of a site- specific rezone application. Section.14.100.104 ofthe.County Zoning Code states that the provisions ofthe Code shall be interpreted,to carry out and implement the purpose and intent of the.Comprehensive Plan, arid ` the general plans forphysicaldevelopment of the county adopted by the Board of County - Commissioners. Zoning Code 14A 00.106 indicates that when the provisions of the'Zoning Code conflict With the Comprehensive Plan, or other adopted plans and development regulations, the more restrictive provisions shall govern to the extent legally permissible and the Zoning Code provisions will be met as a minimum- The Comprehensive Plan indicates that the decision guidelines stated ill the various sections of the Plan should be used as a resource and guide for approving specific land uses. Spokane County has designateda wide array of local SEFA policieswhichmaybe used to condition or deny land=ease actions under the Comity's Local Envirc umerital.Ordinance. Such policies include the Comprehensil?e Plan, County Zoning Code, County,Code, County Road Standards,County S4tormwater•Guidelines,•recommendationsreceived froni County departments and other public agencies on land use actions, studies performed on a land use action voluntarily or at the request of a County department, and other li°ted regulations and policies. See chapter 11.10 of Spokane.County code. ,B. Tie • •osed rezone as conditioned encrall•. conforms-with the:Com•r.ehensive Plan. , bears a substantial relationsh • to and vviill notbedetrimental t ,the.•M ublic health saf . .and welfare. is su..ortedb a sUbstandal`chaiile ofcircumstances in the area since the.siteyoas last toned' and coin lies with the Si ekane Colin acro• Code and other a• i likable develo•mnent regulations. 1 Applicable •Coni nsiye'F iioltcies ,• a. Urban category The site is designated in the.trban category of the Comprehensive Plan. The Urbari category is intended to provide the opportunity for a "citylikc„ 'env�ran ent,.zracludingra variety of land uses servedby a high 1''vel of pblic-facilities and services. Comprehensive.Plan, Section 1. The Urban category includes the following characteristics and policies, in pertinent pait Residential net densities should.have an approximate density of 1 unit to 1.7 units per-acres Since Urban areas will be the most intensely developed of all the. categories, it is primarily a residential category of single fam ly, two-, fame y, Multifamily and condominium buitdings,,along with neighborhood - 'commercial, light industrial,.and public and recreational facilities. • Agricultural activities will be fiery limited and-considered a secondary The erestkettc:Pettingwill 2epredominantly man-made structures - - • - - _ . • - RE Findings, Conclusions and Decision;. - - ZE=1-01 ' Page 8 : : - with occasional natural or planned natural or planned open spaces. Most areas in an Urban setting may not have a view of natural areas, and open spaces will most likely consist of park and/or school grounds. Low-to--moderate levels of noise and air pollution will most likely exist in Urban areas due to the intensity of activities and the high volume of traffic generated. The more intensive land uses such as light industrial and neighborhood commercial should be located near the heavily traveled streets, while the least intensive single-family residential uses will be isolated from the noise and traffic. Multifamily structures will usually be a transitional use , . located between single-family residential and'the more intensive areas. Urban areas will have public water systems, sanitary sewersystemsr,storm sewer systems, and utility systems such as electrical, telephone, gas and cable services. Streets will be curbed and paved. Street lights and sidewalkswill be common to residential,public,and:carttmer-cial areas. Specialized pathways may also-be common in the-Urban area. Public facilities include elementary, junior high school and high schools. Parks will normally be associated with schools butnot exclusively. Public libraries, manned fire stations, medical facilities and government offices and post offices may be dispersed throughout Urban areas. Other services typical of Urban areas may include police, public transit, refuse collection and removaal, animal control, and street main.tenarnce. Due to the variety and mix of land uses and activities found in the Urban Category, there are few land use activities-that.would be inappropriate. Many uses may require screening or 'other peijonnance'standards to make them compatible with one another. Mining, major commercial users, heavy industrial uses, and,intensive farming would not be compatible within Urban areas. , Goal 11. Encourage a variety of housing types and densities. Decision Guideline 1.1.1: Urban development will be approved in areas having adequate power supplies,:water, sanitary and storm sewers, streets, and school andf re services provided that such development meets - -the intent of other Objectives and Decision C'iuidelines of this section. Objective 1.1.b Higher-density developmeats'such as multi-family and mobile homes(manufactured homes)parks should be located with direct or near access to the major arterial systems rather than on interior neighborhood streets. Access to public transportation should also be considered. Objective 1.1.c When multifamily dwellings are to be located adjacent to ,- . . . . .single family,,areass careftd.considerction must be given to the tensity and . . . ,. . - - BE-Findings;Conclusions azxd Decision -, • - ZE-1-O : e Page' 9 > - - • designs of the rraultiple family development so as to ensure protebtion of the amenities of`the single-family area:, Decision Guideline 1.1.3 A multifamily dwelling structure exceeding three (3) residential units or a development of such structures dr manufactured.homes (except those on single family lots)should: a) locate adjacent designated arterials; b) locate near existing orplannedpublic transit routes; c) improve or maintain.the consistency Df adjacent single-family amenities. • Decision Cruideline 1.1.4: A vaarietY of densities and raideniiaal uses • should be available to provide a freedom of choice to live in Urban areas with varying densities; combinations, or'mix.of f uses (see detailed-Urban - definitions). Decision Guideline 1.1.5 Approval of a proposed manufactured home development should consider the.compatibility between manufactured homes and nearby exist ng singlefirmily,developments..In considering aesthetic Compatibility such things as the follo'tngshould be considered_ a) provision for pf streetparlarfg,ar storage structure c; and b) provision of skirting orfoundation;and c) roof shape and composition sc darn to conventional single- fa iriily'resdent alstructures. Decision Guideline 1.1.6 Deveropmetxt utilizing construction method's, site planning and/or'landscapmg met he ds which are considered innovative should be'approved if the intent Of Plan Objectives or)Jecision Guidelines is maintained. develo m is should be Decisionialelx'aia?13.E .�'rvp��ed Urban P �� designed to benefit from, aCqamModate and complement the - environmental conditions and environmental features. Decision. Guideline 1.3;2 The design Or adoption of a proposal shall consider- e retention and maintenance of identified ''unique- environmental features - Decision Guideline 1x3.3: All Urban develapmentproposals should require public sanitary;and storm sewer systems or interim sewer-systems . - to protect water quality. Decision Guideline.1.4.2 Areas with steep slopes, susceptibility to landslides, or other hazards should not have Urban land uses unless it is • shown by the developer that such hazard areas can be developed at Urban densities. _ - - Decision Guideline:1:4.3 Urban develapment proposals and their design shall consider the retention and maintenance of affected fragile wildlife areas and/or unique environmental areas identified by the County. HE Findings; Conclusions and Decision `'- . - ZE-1-01 .-Page 10-, .. - . . Goal 1.5: Encourage a healthful and pleasing environment in the County's residential areas. Decision Guideline 1.5.1: Buffering ardor landscaping will be used to mitigate the derences between proposed developments and existing uses. Decision Guideline 1.5.2: Landscaping may be required to provide a healthful and pleasing environment. Decision Guideline L5.3: Urban density developments should be sed with underground utilities where economically feasible. k. Decision Guideline 1.5.4: 5 dewaflcfacilities will be required along - arterials connecting residential areas with cornmunity facilities and/or commercial areas. Decision Guideline 1.5.5: Paved street and street lights should be required in Urban density development - Objective 1.5.d: Residential areas should be discouraged within-high -noise level zones such as in the vicinity of airports, railroads and freeways. -- Decision Guideline 1.5.6:. Proposed buildings in areas where the day/night sound level (Zdn) exceeds current standards should be adequately buffered or protected from noise sources. Objective 1.5.e: Wien a neighborhoodexperiencespressure for change in character,such change shall be permitted upon appropriate reiview. Objective 1.5.8.- Ffrhen determining whether a proposal will change the existing land use character of an area,factors to consider-May include: a) the structure height.of the proposal in relation to structure height of nearby structures, and . - b) whether new structures will have a positive or negative impact upon the neighborhood's architectural character. Goal 1.6: An orderly pattern of development.should be established between developed and undeveloped areas. Objective 1.6.a: Utility services such as water, sewer,power, and natural -gas should be orderly and properly coordinated byland use planning, • Decision Guideline 1.6.1: Before land use proposal are approved they should: a) conform to plans,policies and regulations of County water sewer, storm sewer, utility and special service districts; - b) conform to County transportation plans and polities; and c) identj5. and take steps to resolve significant adverse impacts zepon existing utilities, (i.e. water, sanitary and shorn sewers, utility, available and fixture energy resources), and traffic systems. See Comprehensive Plan, Section 1. 1E Findings; Conclusions and Decision • ZE-1-OT Page 11 - b. "Transition area"-policy • The northeast portion of the site directly abuts the Major Commercial category on the north 1 and east. The southwest portion of the site does not abut the Major Commercial category,but could be.viewed either as an extension of commercial zoning from the north,or an extension of the proposed B-3 zoning in the northeast portion of the site located north ofAppleway Bcutevarrcl. Accordingly,the "transition area"guidelines discussed in the Comprehensive Plan may apply to both portions of the subject property. The introduction to the Comprehensive Plan contains the following statement, under the heading"Guidelines for Monitoring and Amending the Plan":. Transit on Area The area along the boundary between two or more land- use categories is the "transition area". It is the intent that the established bon cranes between land use categories•are accurate and definable on the ground, but it Li also recogidzed'that a specific proposal may crass or be adjacent to these boundaries and be,situated in a "trcanlsitioa.area". In these instances, depending on the impacts to existing land use categories and the distance a-Use intrudes into an adjacent category, an amendment may not be required, In those cases where the determination is that the proposal is not in the transition titers, a comprehensive Plan amendment may be necessary. - See Comprehensive Plan,p. 11_ - The Comprehensive Plan glossary also contains the following relevant definitions: Transitional areas-The ritxge areas between two or'moreromprehensive Plan land use ctlta gorier: This is an area which can allow developments complying with either of the Land-Use map Categories dependent upon the decision makers'site specific approval: Transitional bu fstirag-Bu ering techniques which might be requiredon the periphery of two or more Comprehensive Plan land use categories to ensure compatibility. Such techniques might-include increasing the lot sizes on the p. erimeter ofa d'evelspmeni which abuts another land-use category to-create iperrspace between two potentially incompatible uses. "Buffering" is defied by the Comprehensive Plan glossary as a "...technique of separating incompatible landuses by distance,changing density, landscaping, screening and/or physical features or structures". "Compatibility" means "...(whenj two different land uses exist adjacent to one another in such proximity to one another that adverse impactsare insignificant". - - "Mitigation"means strategies such as avoiding impacts by not taking a certain action or . parts thereof;rdrim zing impacts by limiting the degree or magnitude of the action,-through teelnoalogy or other affrmatiya steps;rectifying impacts by restoring or repairing BEFindings,Conclusions.and Decisiono . 1-41 - - . Page 12 environmentally sensitive areas;reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development; compensating for the impact by replacing or enhancing substitute environmentally sensitive areas; and monitoring the impact and taking appropriate corrective measures: See Comprehensive Plan, Section 50. c. Major Commercial categr The Major Commercial category of the Comprehensive Plan is intended to•provide the opportunity for development of commercial uses, ":..specifically community and regional shopping centers and commercial uses, directly related to major throughways". Comprehensive Plan, Major Commercial category, p. 99. The Major Commercial category includes the following relevant descriptions, characteristics and policies: Residential use irx.Ma or Commercial areas is not intended to be a high priority in this category and May be limited ka preexisting uses. Certain residential uses,particularly multifamily developments, may be compatible through the use of proper screening and peaformance standards_ •The Major Commercial Category will be composed of three different types of commercial development; shopping centers, highway and arterial commercial str'i, s, and freeway commercial. The shopping,enters are frrrrther broken down into three.subcategories (neighborhood, community and regional)which relate to size of site, trade area to be served and type of tenants within the shopping center. The tenants range from supermarkets, drug.stores and Laundromats to full- line department stores, highly specialized shops and professional offices. The consumer goods offered in strip developmentfrequently differfranc those found in shopping centers. Typical businesses found along a.strip often include new and used car sales,fast-food establishments, bars and fruit/produce stands. Freeway cornrnercial areas are usually made up of more specialized - commercial uses. Freeway interchange area'-are usually oriented to single stops along the freeway forfood,gas and lodging. Major Commercial areas feature high-intensity uses. • The heavy automobile traffic and the related congestion may crenate pollution problems, especially along the commercial strip developments: The shopping center is a commercial development which is generally . designed, developed, operated and controlled by a single ownership, with off-street parking facilities placed on the site to 4'' -ve all of the establishments in the center. The centers may range in size from 4 acres with 30,000 square,feet of leasablefoor space to over 50 acres with 1,000,000 square feet of leasable floor space. Highway and arterial strip commercial areas will usually be madeup of . ..,businesses on individual parcels clustered along a heavilytraveled.street -Findings} Conclusions and Ueciston. -- : - ZE-1-01 . --Page- 13- . • or highway, each providing off-street parking. Shopping is not done by walldngfrom one store to another, but rather is of a singlepu ose - nature.. Most commercial development will be on relatively flat land and buildings will be of a low profile. Paiedparking streets and man-made structures will dominate the site, with few natural features to be found. Landscaping, screening, lighting, signage and other architectural treatment willprovtde for aesthteticallypleasing developpment. Plecing.aesthelic and architectural treatment-of?Lew development which eliminates or is generally not characterized by signage clutter,provides maintained landscaping, screens exterior storage,provides sufficient setbacks and screens parking areas, should foster irnprroved land use - compatibility with txdfaceit't non-commercial rimes and should support , existing and attract new viable caaramer'cial development. Major Commercial areas require a•full.line of services and utilities. hese include service by, or commitment tO, sanita7y and storm sewers, public water systems and underground utilities such as telephone, gas and electricity. Also available will be paved and lighted,streets,parking lots, street maintenance,`-garbage collection and police and fire protection. In most cases intensive farming activities, mining and heavy industrial uses would be incompatible with MafOr Commercial uses.'Likewise,most single-family residential areas and schools would not be compatible . - within the Major Commercial Category unless proper screening and ( peifonnance standards are established . Goal 6.1; Pray note development of commercial land in a manner which is complementary and compatible'with adjacentland uses and the • surrounding environment'`- - Objective 6.1.a: Commercial developments should be buffered to protect adjacent areas. r . Objective 6..1,b: Provide for aesthetics of development along_County Arterials and State Highways orFreeways_ . - Decision Guideline 6.1.1'. The_best means of encouraging compatibility . between commercial uxse. ,and adjacent land use categories will be.. accomplished by considering; - . a) orientation of the structures andlor facilities of the proposal to maintain or improve upon the aesthetics and energy efficiency of all areas affected by the proposal; and - . b) provision of buffeingneeds; and - a) provisirirt of laandga aping needs. . Decision Guideline 6.1.2Buffering or spatial separation between proposed and existing uses should be required of a developer if determined that the proposed development°'sphysical characteristics may: 4 ` be Objectionable.to a`ui a Cleve a iriertt on roc ai'bjr!ands. - s im Fiaidings;:Gonclusions and Decision- . - -1-01 .Page 14::. - -- • Decision: Guideline 6.1.3 Provide for aesthetic quality ofphysi providing cooperative amenities in landscaping udlor innovative design features. Decision Guideline 6.1.8; Appropriately buffered mult[amily residential - development compatible with eithng and potential carnrtrercial activities may be permitted as traisitian between high-intensity uses (fear example, commercial uses) and low-intensity uses(for example, single-family uses), especially when the commercial activities can provide or share waste energy. Decision Guideline 6.2.9: Clustering of rides, When it increases cost - effectiveness of utilities and/or transportation will be the preferred -ommercial development pattern. • Qbjective 6.I j: Consider small-scale convenience stores and commercial enterprises adjacent to residential neighborhoods. . • Decision Guideline 6.._13:. Stores and kora'Mrcial services established to serve residents within afew blocks'radius may be considered - compatible, and therefore appropriate, when they are adjacent to residential land-use categories: • • d. 'Transportation Section The sortation sectionof the Comprehensive-Plan contains the County's Arterial Road Plan and policies related to development along•county arterials and localaccess roads. The Arterial Road Plan designates county arterials into the classes of Principal Arterials,Minor ti Arterials, etc. All other county roads'are'considered tocar Acce'ss:roads. See Comprehensive Plan, Sector 21. The ARP indicates that it is to be implerneiated through adopted ARP naps, adopted road standards;,and the County's Six-Year.Capital.Improvement.Plan. Comprehensive Plan,p.261. :. The Arterial Road (ARP):characterizes""a.Principal AtteriaL(without controlled access) as a 4 or more lane,moderately fist facility designed to permit relatively-unimpeded-traffic flow between major traffic generators;such as the centrat_business district,major shoppipg centers, major employment districts,etc. Principal Arterials are considered the framework road•system for the urbanized portion of the county,and are typically located on community and neighborhood boundaries. -The Arterial Road Plan contemplates 4-8 moving lanes,for Principal Arterials that are without controlled access. The desired width between curbs for such arterial is 63-111 feet, and the planned right of way width is 100-130 feet, depending ahi.'the number of Moving lanes.- Common features along slid,arterials includepe:destriaii cras$�uv'alks at sigaaiized'iratersecitia , restricted•parking, landscaping, drainage, street lighting and separated sidewalks. Channelition,or a center turn lane; should b°e provided where needed to control left tuns, provide space for snow storage, and to protect vehicles and pedestrians. See Comprehensive Plan,p. 246-247,253-254 mid Figure 21-4. • FM Findings, Conclusions andDecision . • Z -1.-01. : - - .Page 16 - The Transportation section encourages anadequate, efficient, safe, ec nomical and energy- conserving arterial system; one which provides convenient access to homes, employment, shopping, personal business and recreation. Decision Guideline 21.4.2. Decision Guidelines 21.4.5 and 21.5.7 of the Transportation section recommend that the fcuction of existing and future arteriais by preserved by controlling land uses,parking and direct access along the arterials,Decision.Guideline 21.5.3 encourages land use planning that minimizes the need for high capacity transportation corridors, and encourages land uses in areas that can take advantage ofthe available capacity of existing arterial streets. Decision Guideline 21.5.11 recammends pedestrian facilities that enhance the safety and convenience ofpedestrian travel and that provide access to neighborhood facilities. Decision Guideline 21.1.5 states that sidewalks should at a minimum be provided along all arterial roads and all local-access roads which lead-to schools,parks and shopping districts. The Arterial Road Plan recommendstlSe early acquisition of tbe prescribed right of width for Principal Arterials, though actual road construction within such right of way may be accomplished in phases over'time. Comprehensive Plan,p.253. Decision Guideline 21.1,3 states that the review of land use proposals should contain provisions for extensions, alignments and adequate right of way acquisition for deserted County.Arterials. Objective 21.1.6 of the Transportation section indicates that long-range widening requirements should be considered in developments adjacent to arterials and'anticipated arterials, to allow for increased traffic volumes caused by future developments.. Decision Guideline' 21.1.13 states that in selecting long-range arterial improveruents, consideration should be given to long-range improvements at significant locations where such improvements-M.11 delay or eliminate future high cost tecoristruction. e. Environmentally_sensitive'areas Section 13 of the Comprehensive?lan addresses unique environmental features and - cultural resources. Such section addresses-natural features uncommon or rare in-the county andlnr which provide scenic beauty in close-proximity to developed areas, and contains decision guidelines fox detennining whether a land use proposal in any area having a unique environmental feature should be approved or not. Section 13 states, in pertinent parte A, Characteristic Features: - Areas containing unique environmental features are located throughout the County and are typled by water bodies, cliffs and canyons, mountains and other such features. Most of these provide specialized habitat for . - various fish, wildWs.and plant species. Unique environmental features are classed into three broad groups.: geological, hydrological and ecological. The ecological group is further subdivided into aquatic habitats, botanic habitats and significant wildlife habitats. - An environmental feature may be considered "Unique"for numerous . reasons; but ushaily it is hecau.'e a specificfeature is "'rare" o�,,_ . - BE Findings, Conclusions and-Decision- . -1-01 . --,page 1.7 .- uncommon"or "the bestexample" of that feature. In the case of plants and animals, consideration is frequently given to the existing numbers of a particular species or the diversity of species. In most instances, a particular feature is imporantforseveral reasons. For example, Mt. Spokane is important not only for its rare geology but-also for the diverse and expansive habitats itprovides for p/ants.and animals. Unique environmental features may be found in any of the Comprehensive Plan categories, and therefore may or may not have significant populations associatedwith them. The aesthetic setting in areas containing envirOnmerrtat features.will be open space. Timbered and natural areas.possibly interspersed with various recreational sites, will characterize most of the.;land. If an area tolerates residential development, it will be scattered ,parse commercial activities usually associated with recreation may - •occur, but industrial aetivities:will be absent from these,areas. Air - polliatiorr-and naise should,riot be significant problems. Road dust could occur near heavily used recreation areas. B. Noncompatible Uses: When compared to-one-a oth�er,,areas containing unique environmental features display numerous di sii tzlarities in size,fragility and Iocatiort_ Because of ihis and the fact that many also contain other environmental features generally thought to be incompatible with development, each area will be considered as a separEate entity when determinirngpessible land uses. Many areas will be left in their natural state,providing:only opert•spae<e, • passive recreation and picnicking, day-hiking and educational research opportunities...Others, however,mill be able to..supportvu ying•levels of active recr.'eiati n such.as fishing:arzd imming: Somemay even be compatible with-low-density.residerdial•development. Generally speaking, a noncompatible use would be one Which either destroys-br.sigrnfie antly'and adversely iMpacts those ertvir:nmertta! characteristics which contribute to an area's•uniquen °s_ • Section 13 of the,Comprehex ive Ply contains the following relevantpol.ici s for environmentally sensitive areas: - Decision Guideline 1-3.1.1 Special consideration may be made in the decision-making proms to conserve and enhance thepublic's view and/or enjoyment of designated unique environmental_features, . Decision Guideline 13.1.2 Promote all efforts which will prevent or mitigate damage to designated unique environmentalf eatures. BE Findings;:Conclusions.and Decision, -1-01 .. . •_ • Page 18 • . . - f: Decision Guideline 13.1.3 -Marshes,flocdplains and steep slopes in rural areas should be given utmost consideration for designation as a• unique environmental feature. Decision Guideline 13.1.4 The elecision-rnaldng procezg siiould give full consideration to, among other concerns, the impact Ofa decision upon designated environmental features, • f. Critical Areas - Section 13a of the Comprehensive Plan contains policies for pniority wildlife habitat, geologically hazardous areas and wetlands Fish and wildlife habitatconservationareas include areas where Pricaky-specick as iderathedbY the Washington State Department of Fish and Wildlife, have a primary association; habitats and species oficcal importance; date riataaal area. preserves and natural resource conservation areas;naturally occurring ponds under 20 acres and their subnierged aquatic beds that provide fisli'or wildlife habitat;waters of the state; and water bodies planted with game fish. • Fish and wildlife habitat conservation means landmanagement.for Maintaining species in - suitable habitats withir. t their natural geographic distribution so-thatisolated subpopulations are not created. The Critical Areas section does not contain any policies forfsh and wildlife conservation arcasabutreli es:on aritioal.area.s regulations 4dopted.by.the County through the .State Growth Management.process.,The Critical Areas section does contain decision guidelines for geologically hazardous areas. The County has adopted.a CaitiCaL Areas Ordinance,codified in chapter 11.20 of the County Code,.which addresses priority habitat,wetlands and geologically - hazardous areas. g. Parks and recreation facilities - • Section 40 of the CcmprehausivePlaa contains policies related to parks and recreation facilities, and the County's Parks arid recreation Plan. Such section is intended to coordinate the development ofparks and recreation facilities-with.the physical development of the county and the existing and future nceds.ofita aesidents. The policies of such section are to be implemented through the detailed Parks and Recreation Plait • • Decision Guideline 40.1a5 recommends that acquisition and/or_conservation methods be used to protect unique-enyironrnental areas or special features such as water aaeas, greenways, views and particularly those areas identified through the adopted Comprehensive Plan. Decision Guideline 40..4,8 recommej.ds that opp,oitanities for,learning e-xperiences,be provided in conjunction with those environmental and cultural resources adaptable,as publiestudy areas. Decision Guideline 40.1:9 and 40.1.10 recommends that a recreational trails:plan be established and updated regularly as part of the Comprehensive Plan, including an inventory of --potential trail areas and activity linkages. Decision Guideline 40.1.11 indicates that land use proposals'should be reviewed for conformance with adopted trail plans. . • • •HE FindingConclusiiins and Decision. • ZE-1-01 -•:'. -Page 19 The County's 1989 Pails•and.Recreation Plan(p. V-32 through V-35),which is an adopted part of the Comprehensive Plan;illustrates and describes the Dishman Hills Natural Area and its history. The 1989 Plan(p. VISI-2) recommends that hiking trail resources be develdped, that there be better identification of trail resources,and that educational uses be developed for the natural area. The 1989 Plan •VER-6 also recommends continued acquisition,trail development and interpretive resources for tlte'natural area. 2. Consistene of ro`act with Comprehensive Plan and develo rent re atio The applicant proposes.ta rezone the site,to the Regional usiness.(B-3) zone. The,. northerly half of the nort}re t iortion of't:he site is currently zoned Urban Residential-22 22);while.tbe southerly half is zoned.Urban Res dentialr3.5 (UR-3.5) The southwest portion oftthe site is zoned IJ -3.5. • ',Zoning Code 14.622.100;sets f WA th purpose and intent of the -22 zone, as follows: . The of the UR-22 zone is to set standards for the order _development of residential property m a manner that provides a desirable livinglenvironment•thatis compatible-with surraunding •iand uses and assures nthe,protection ofpro aerty values. It is intended that this Ione be used_-to'add torthe variety of housing. es,rndder:sities; and as'an. implementation.tool for=the-Comprehem-siWeElan Urban -Category:"-'G eral :..characteristics cif'these.areas includepaved,r'oads,public sewwer'and'- titer, accessibility ta'schoos rrhd:libraries;.and a full line,Ofpublic services ` • •.incl-tding.mannedfireprotection'and public transit accessibility., Offices - : are,remitted in the UR-22 zone in order to provide some of The service needs generated by}nigh-intensity land uses. The highest density residential zone, UR-22 is intended primarily for multiple-family dwellings andis usually located adjacent to major or.secondary arterials. ft is used as a t'rdir'si'tron bkweetdoi 115P riedium'd ity mut pteffarrn-ly eSs and intensive =' ci rxiiz ici 1'oi'laminterrst6).indu rialusesarZcl;ty;prOvidefor°Ihz heti ensity' housing in=lr ec r'crts Closeto employment, .shopping an d major: - transparstation'wher'e-rrrdverrreirts ofpei le.cla .be haaidledle cie-rit'Iy and' ' - with least overall adverse impact: I; : Medical Ofaces, and'business or ptdfessional•o#fces; are a perrn.itted use ih'the TJR.122 : zone. Multi-family dwellings,-duplexes and single4arriily Uses are among the residential uses permitted in"such zone,at densities (net),nat exceeding 22-units=per acre,with alloNVarice for bonus der itiesr'Hospitals, day care ceuters, all types-ofSchcrols,nursing-horriebfcon"alesoent" homes, and.comrntmity residential facilities are also permitted in such one. The maxum• building height in the UR-22 zone is 50 feet, and the maximum building coverage is 65%. See Zoning Code chapter-14'.605 The purpose and intent of the UR-3.5 zone are set faith in Zoning Code 14.516.100, as - follows: The purpose of the UR-3.5 zone is to implement the lower density range of .. .. .• ; :the Urban_categpryy if the Comprehensive Plan. The intent of t he.zone is { HE Finding,-Conclusions and Decisiotn_- 7E4-01 Page 20. • 'to promote areas of prirnartly s ngle amily residential use in ion banized -. neighborhood setting, having z high level cfpuhlic-sendices. Lots shall be served by ap!ublic water system and shall require connection to a public central sewer system when available. Roadways shall be paved and curbed and may have.sidewalks_ Permitted uses in the UR 3.5 zone include single-family dwellings, duplexes, churches, manufactured home parks, elementary and secondary schools, hospitals, and various other residential, public or semi-public uses. The maximum residential deity (net)allowed in the TJR-22 zone is 4.35 dwelling units per acre. The purpose and intent of the Regional Business (B-3)zone is stated in Zoning aide 14.628.104,` • folio vs: The purpose of`the B-3 zone is to provide for the location of a wide range of retail and service•activities. This zone will implement the-Major Commercial category of the C.oireprehe tsive Plan: The uses within this zone may often require large areas for customer parking, retail service, some outside activities, display and other commercial activities. The businesseslocating within these areas often draw customers from the county at large and other outlyingareas rather than from a more limited trade ar`e6. Further, it is the intent of this section to'implernent compr-ehensiveplan policies, which encourage.commercial development along Principal.Arterials or highways and establish:regional-searing • commercial areas. General characteristti s of these areas include paved - roads and sidewalks;:public sewer and water, and a full line ofpublrc service including mannedftre protection and public transit accessibility. The B-3 zone permits a wide array of intensive business uses,_including those uses. permitted in the less'intensive Neighborhood Business (13-1).andCommunity Business 0-2) zones contained in the County Zoning.'Code. 'the develop-meat-standards of the B-3,zone. prohibit the height of buildings from-exceeding 35 feet within.150_feet of adjacent TR-3,f zoning. The maximum building height is otherwise 60 feet in the.J3-3'zone. Zoning Code 14.628.335. The maximum building coverage in the B-3 zone is 60% 0. Both portions of the site lie within the Urban-category of the Comprehensive Plan. The B`-3 Zone is not intended to implement tic Urban categoay of the Comprehensive Plan. While the Urban category provides for neighborhood commercial services along-heavily..traveled arterials, such services are implemented in such category through the B-1 zone and U&-22 zone(ofces). • -Such intensive, regional-serving commercial uses as automobile/truck sales and auto repair or . auto-body work are permitted in the B-3 zone;but not in the less intensive B-1 and B-2 zones. The proposed rezone accordingly is inconsistent with:the Urban category. The B-3 zone is intended to implement the Major Commercial category. The site is located along Appleway]boulevard, which is designated as a Principal Arterial by the County Arterial Road Plan. This is a preferred location fair B-3 zoning. The site is served by a high level of public services, including modern utilities, and public sewer,water and transit. Because Appleway Boulevard was recently constructed to County stands adjacent to the site,no s extez al=road improvements:au dedicationvof right of-way are required to support the-project or= - - - • HE Bindings;.Conclusions and Decision,. ZE-141- - Page. 21 .., : _ • • implement County road•standatds.-The subject property is also locatedwithin-theCounty's' interim urban growth area boundaries, designated by.the County pursuant to the State Growth Management Act. The northeast portion of the site, which comprises 6.5 acres, abuts the Major Commercial category on the north and east. The transition policy of the Comprehensive Plan directly applies to the northeast Portion of the site,which allows the Examiner to consider the rezoning of such portion of the site under the policies of the Major Commercial category. The northeast portion of the site is bordered on the north, east and west by B-3 zoning. The land lying to the north and west is developed with commercial uses,while the land lying directly to theeast is developed with the remainder of a rabble home park(Woodland Mobile Home Park). The northerly portion of such mobile home park was rezoned to the B-3 zone in 1991.,to allow development of winiestorage;,in anticipationof the South'Valley Arterial project. The South Valley Arterial project was later abandoned,in-favor of the Valley.Coupiet, and the mini-storage project was not pursued. The applicant'owns the land..lying immediately north of the northeast portion of the site. The 7 acres of land lying directly west and northwest of the northeast portion of the site is - improved with a large car dealership(Dishrnac Dodge), which-is in the process of being remodeled. This includes 2 acres of land lying-between the site and Park,Road,.which were. rezoned in February, 2001 from the UR-22 and -3.5 zones to the B 3 zone. Such land is designated in the Urban category of:the Comprehensive Plan. 'Since-such acreage abutted the Major Commercial category on the north,the transition policy of the Comprehensive Plan was used to approve such rezone to the 13-3 zone., See HearingExaminerdecision in File No. ZE-2b-00. No adverse comments were subnaittedr.egarding the proposed rezone of the:northeast portion of the site. "Considering that the mobile home park is zoned B-3, islocated in the Major Commercial category,is'located on the north side of Appleway Boulevard, and that the private owners of the mobilehomepark did'not adversely commenton the project,the ExaMiner finds that little special buiff' ng'is needed for the nartheastpbrtion of the proposed.'rezone. The Examiner concludes that the proposed rezoning of the northeast portion of the site, as conditioned,is consistent With the.Major Commercial category and other relevant policies of the Comprehensive Plan,the 13:3 zone, and Other applicable.develepment'regulations. The southwest portion of the site,Which comprises 3 acres, is bordered on the-South, southeast and southwest by vacant land zoned UR-3.5. The land-lying'west of the site is zoned L1R-22, and is improved With the remainder of the Rose Haven Mobile Home Park,which contains several mobile homes. See SupplementalEnvironmental-Impact Statement (SAYS)for Valley Couplet project,.p.7-3 and 7-4 The land-lying-south and southeasterly of the southwest portion of the site rises steeply to the south,to an elevation approximately 110 feet above the surrounding terrain. Such land is mountainous,rocky and forested. County Critical Areas maps designate erodible soils on such land, due to its steep slope&and.rocky.soils, See County Critical Areas Ordinance Section 11.20.070. . . 1 FindingSe Conc fusions and Decision_ ZE-1-01 -. Page 22 The 530-acre Dishinan'Hills•Natural Resource.Conservation Area(NRCA)lies approately 500 feet southeast of the southwest portion of the site. The County Critical Areas map for priority wildlife habitat(ranted 10-6-99) illustrates Urban Natural Open Space within the NRCA, and also between the NRCA and Appleway Boulevard,but at distances greater than 500 feet east and southeast of the southwest portion of the site. "Urban Natural Open Space"is defined by the County Critical Ordinance as follows: Urban Natural C)pen. ace: A priority species resides within or is adjacent to the op .sjiace, and uses it for breeding and/or regular feeding-. .This habitat may alsounction.as a corridor connecting other priority habitat areae, especially those that would otherwise be isolated; and/or the open s„ ace is•gn isolated remnant of natural habitat larger than 10 acres and is surrounded by urban development. Local - 'consideratioh may be given to,open space areas smaller than.10 acres. The Critical Areas map for priority wildlife (dated 10-6-99) also shows two "candidate" species location in the NCRA, one located nearly a half mile southeast of the southwest portion of the site, and the second one located approximately a mile southeast of the southwest portion of the site.. These point locations may represent a den or nest site for such species. "Priority species"under the Critical Areas Ordinance are divided-into endangered, threatened, candidate and monitored-species. Where activities and uses regulated by.the County Critical Areas Ordinance are proposed within apriorirty habitat, the Critical Areas Ordinance requires County Planning to consult with the Washington State Department of Fish and.Wildlife, and determine-whether a habitat - management plan with mitigating measures:should be prepared by a qualified consultant retained - by the developer. The Critical Areas Ordinance authorizes the County to restrict regulated uses and activities within.a priority habitat,.or within a quarter(IA)mile of-a den or nest site-of a non-game priority species_ The southwest portion of the site is not well-suited to residential development, including,. - the development of high density residential uses, due to the noise and air pollution generated by the high volumes-of traffic along Appleway Boulevard, and the restricted-access resulting from the one-w.ay character.of;Appleway Boulevard. See.testimony of:Joel Cresby,_and.policies of Urban category of Comprehensive Plan. • The Dishman Hills Natural Area Association("Association") opposed the rezone of the southwest portion of the site, and-appealed the Determination of Nonsignificance(DNS) issued for the project by the County Division of Planning. The Association is a private,non-profit organization that owns roughly half of the NRCA. The Association manages the NRCA jointly with the other_owners of land in the NRCA, Spokane County and the Washington State DepartmentNatural Resources (DNR). The northwest portion of the NRCA,which lies; closest to the site, is owned by the DNR. The DNR and the County were notified of the project as the oi,vners of land located within 400 feet of the sit;but did not comment on the project. County Parks was made aware of the project, but did not comment on its-merits. See E-mail dated 4-26-01--from Steve Horobiowsla. HE Findings, Conclusions and Decision:.-. `: ' . lE-1-01 - Page'23 ` . The Association indicated that'the land lying.along the west side of the NRCA, south of the applicant's adjacent ownership to the east,was recently acquired by the County Parks Department for future inclusio in the NRCA. The Association advised that it had recently acquired the south end ofland iresented for the Vista.Mobile Home•Park, located immediately north of the NRCA, as weil'as other land located further to the east, south ofAppleway Boulevard, which land had been dedicated into the NRCA. Chapter 79.70 RCW and chapter 332-60 WAC authorize unique natuial'areas to be registered with or dedicated to the DNR;at the request of a private landowner, Or acquired by the DNR, and managed as natural:areas: The DNR.may enter into a management agreement with the landowner for co-management of the natural area. The IBNR is authorized to maintain'a natural heritage program to provide assistance in the selection and nomination of areas containing natural heritage resources, for registration`or dedication;prepare a plan to implement such program; and .l ainta n a state register of natural axe containing Significant icant heritage resources. Neither the site,nor the applicant's adjacent land, is registered with the DNR as natural heritage - land. The Association oontended'tbat the proposed 13-3 zoning for-tire southwest portion of the site was too intense a Use, considering its location.withixi,'the Urban category, and its-potential impacts to environmental, geologic thd'recreational features within the NRCA; and to the mountainous Dish-man Hills area land lying between the NRCA and the southwest portion of the site, south of Applew ay Boulevard. The DNS.appeal.cciitended that the environmental checklist was inaccuratear incomplete in several respects.° -'this included the alleged failure to list the presence;on or near the site, of . the plant Howellia, Conipton's tortoisesheli'btitterfly and the Thicket hairstreak butterfly. The - Valley Couplet SEIS;at p.,5-4, indicates that Ho vellia;-a state endangered plant and Woodsage, a state sensitive plant, °coin-in the,general vicinity-oaf the Valley Couplet,but not anywhere near the current site. Howellia is an annual plant that roots in the shallow water of ponds and lakes; while Woodsage is a perennial that grows in wet areas around lakes and streambanlcs in lowlands. ,... . The DNR map of the`1 CA.sutniittcd by the AssOciation show the occurrence of - Howellia and Woodsage apprexhnatelyOne(i)mile southeast of the southeast corm.+r of the ste. This corresponds to the location of a natural spring in the NRCA. See documents submitted by Michael Hamilton on 5-18-1l, and map ofDishman Hills Natural Area submitted at public hearing..The SETS indicates that vegetation adjacent to the couplet'basalreadYbeei highly disturbed and modiledc and that HoWellia-andWOodsage would not be impacted by the Valley Couplet project. There is no•evidence of surface water on the site. The Valley-Couplet SEIS (p.-5-4.and 5=5)'indicates that the Thicket hairstreak butterfly has been Observed in the NRCA,but not in the north section of the NRCA or in the immediate project area for the Valley Couplet. .The occurrence of such butterfly is associated with dwaif mistletoe, which is a parasite on pines,fir andlarch trees. Mistletoe suppression on forrestlalld and intensified logging are considered primary threats to the butterfly. The SETS found that several ponderosa pine frees that may provide habitat for the butterfly would be lost in the constructional'-ti e.Valkey:Couplet;-but_canclnded that such impact was insignificant,because RE Findings, Cat elusions and Decision.. ZE-1-01 • - Page 24- - - ample quality habitat for the butterfly-oceme-ed to the south in the NRCA, and because no Thicket butterflies had been recorded near the Valley Couplet The eurrent°site was cleared of trees approximately two years ago. Sce testimony of Ed Rupp. The.Valley Couplet SMS (p, 5-5)indicates that Compton's Tortoiseshell butterfly has been found four (4)miles south of the Valley Couplet, and is not expected to be found anywhere near the alignment. The DNS appeal listed a host of ether birds and mammals that have been observed in the NRCA. The Association referenced various flora and fauna on the site and on the adjacent land to the south. See letter dated 5-10-01 from.Wanda•Warren. However;no competent evidence was submitted, such as a report from a wildlife biologist, establishing that a priority species -- habitat exists on the site within,the meaning of the County Critical Areas Ordinance, er that any such habitat would-be significantly impacted by the proposed rezone. The Valley Couplet SEIS discussed the impact of the couplet on the ponder+ sa pine forest habitat located south of ApplewayBoulevard,-east cfPark Road, including the area lying directly south and southeasterly of the southwest portion of the site. The SETS (p. 5-4)indicates that exemplary ponderosa pine communities are found in the arealying north of the seasonal ponds in the northern part of the NRCA,but not along the north facing slopes of the Fishman Hills located south of Appleway Boulevard,where invasive species haveloweredThe quality of the habitat. Accordingly,t.ho.SEIS (p,-5-6).cansidere the loss of some ponderosa pine trees south of Appleway Boulevard to be.n-insignificant impact. The southwest pardon of the site has already been cleared of trees. The Valley Couplet SEIS (p: 5-5) also noted the discovery of a red-tailed hawk nest containing young ilea ponderosa pine-tree near the site, during a 1994 survey. See Figure 5-1. The pine tree was located 700 feet east of the Rase Hlaven Mobile Hoene?elle, south of -Appleway Boulevard and a gravel access road that extends along tlhe base of the steep rocky - slope•in the vicinity; This would place the tree approximately 150 feet east of the southwest portion of the site,on the applicant's adjacent land. The red-tailed•hawk is not considered a priority species in Washington,but is protected • from a direct takhig, as:a non-gee migratory raptor, See V'AC Chapter 232-12. On this basis, the Valley Couplet SETS considered`removai of the nest tree for the Valley Couplet to be a significant impact. The Valley Couplet SEIS (p. 5-2)rated-that the nest had not been re-. confirmed since 1994. As mitigation, the SETS recommended that the nest be avoided if possible, or if-avoidance wa's not possible,to'minimize heavy construction in the vicinity between February 1 and July 1;when the nest might be occupied. - The current rezone proposal would net directly impact the nest tree or any red-tailed hawk inhabiting•the nest. The proposed rezone of the southwest portion of the site could be conditioned to avoid heavy construction between l{els uary 1 to July 1,if the nest still exists and is inhabited with a red-tailed hawk. • - - • IdE Findings,•Conclusions and Decision-. ZE-1-01 -• • . • Page -25.- The Association contended that commercial development of the site could greatly increase - noise, chemical and hamar pollution to tlze'{environmentally sensitive area"that lies south of-the . southwest portion of the site. However, the.land lying south of the site is not designated as - priority wildlife habitat, and does not contain any endangered or threatened plant species that require protection. The southwest portion of the site lies approximately 500 feet from the Urban Natural Open Space designation to the.est, and the NRCA to the southeast. The Valley Couplet and the northwest portion of the proposed rezone actually lie closer to such designation and the NRCA. - -The Association submitted..copies of Washington State Department-offish and Wildlife (WDFW)maps_slowing the location of priority habitat and species, and heritage data for the area, ThelVDFW maps are used by the County to draft-Critical Areas maps for priority wildlife habitat and species.. The WDFW maps show both Urban-Natural Open Space and White-tailed deer winter range priority habitats at the north end of the NRCA, and:between the NRCA and the Valley Couplet, in the same location where the current County Critical Areas map (dated 10-6- 99)illustrates only the Urban Natural-Open Space designation; The previous County Critical .- Areas map(dated 7-26-96) showed both designations in this area. The WDFWmaps show-two"heritage points".in the same It cationthat the current County Critical Areas-map (dated 10-6-99)shows a.candidate species location, as referenced above.. As indicated above, these,point.locations ore:a,considerable distance from the current,site, and-over the topLLof:the mountain- The current Critical Areas map (dated 10-6-99).shows the nearest White-tailed deer:habitat-ccenlacing over 3_miles southeast of the.current site. • The Valley Couplet SETS contains a detailed discussion of the potential noise and air pollution impacts of the nearby.Couplet on neighboring.properties and the NRCA. The-SEIS.. (chapter 3)concluded that air quahty etmssions from traffic on-the Coupletaincluding carbon monoxide and ozone,,would not exceed federal or state thresholds and would-not'signi cantly impact humans,ponderosa pine or other vegetation in the NRCA, or_any,priority Wildlife species;- There is nucompetent evidence in the:record,to indicate that commercial development of the subject property would create any significant air quality•impacts to the.NRCA,the priority wildlife habitat area designated to the east,or nearby residents. - „The Valley Couplet SEIS (chapter.6)forced that sound levels generated by the Valley+ Couplet would significantly impact-residences bordering the.alignment,including the Rose Raven Mobile Home Park,but would not significantly impact other noise.sensitive uses, such as the NRCA oropen space areas between Park Road and•Dislrman-Mica Road,basad on the higher levels of noise putted for such uses.under chapter 173-60 WAC. The SEIS recommended that sound walls or acoustical insulation of residential.structures be installedtoprotect theresidential uses along the south side of the Couplet. The Valley Couplet SEIS (p. 6- observed that the most noticeable noise observed intoe Camp Caro area of the NRCA, on a qualitative level, was emitted by the outdoor paging- loudspeaker systems used by automobile dealers located between Sprague Avenue and Camp - Caro. While used only interthittently,the loudspeakers were obsewed to be a,ceustically intrusive and substantially more discernable than the,constant traffic noise emitted by vehicles on Sprague Avenue. • HEFindings; Conclusions and Decision _ -1-01 - Page 26- -. } • Since much of the land lying east ofPark Road,between Sprague Avenue and Applvay Boulevard, is devoted to ear dealerships,•includirng the nearby or adjacent Dishm n Dodge car dealership, there is potential for developing the current site for a similar use. Establishment of such use on the site could create hann ul noise impacts to the Rose Haven Mobile Home Park located directly east of the southwest portion of the site. The Valley Couplet SIRS (p. 7-13 and 7-14)indicatesthatthe County may expand the Rose Haven Mobile Home Park to accommodate displaced residents in the three mobile home parks impacted by construction of the Valley Couplet, east of-Park Road. The recreational land in the NRCA, or the designated priority habitat that lies to the east, could potentially be impacted by loud noises generated by 13i3 zone uses. Such intrusive noise sources as loudspeakers should be prohibited,if the site is developed for intensive B-3 zone uses. The Association contended that the Valley Couplet SEIS,in finding that the Valley Couplet would not significantly impact land use patterns south of AppleVrayi Boulevard in,the area, assumed that commercial rezoning would not be allowed south of the Valley Couplet,east of - Park Road, under existing Comprehensive Nan designations, and that the existing UR-33 zoning on the applicant's°ownership south of Appleway Boulevard would remain in place as a buffer. Tbe-Valley.Couplet SRTS acknowledged•tb,at construction of the Couplet could result in - increased:pressure for commercial rezones along the Couplet; to take advantage-of the increased accessibility and visibility that-would be provided_ The SMS-also recognizecl,that existing zoning already'allowed some commercial development adjacent to the NRCA south bfAppleway Boulevard;but found that the NRCA was generally protected from finer encroachment by Comprehensive Plan policies intended to protect natural resourc5s and recreational areas, GA zoning in,and around the NRCA, and steep topography that spade developmentless feasible. The Valley:Couplet SEIS recognized that any°rezone requests on adjoining private lands would be considered on a case-by-case basis;.and that`the County would ensure that-such - - requests were consistent with the Comprehensive Plan and adjacent land uses. The°SEXS acknowledged that the Urban category of the Comprehe sive Plan,which applies to the current site, contemplates neighborhood commeitial uses as well'as certain other combercial.uses.. The SEIS failed°to acknowledge or discuss application,df the "transition policy" of the Comprehensive Plan, in regard to application,of the policies,s,of the Major-Commercial category to nearby land along Appleway Boulevard located in the Urban category. See Valley Couplet SEIS,p. 740 and 11-10. The Urban category does contemplate the development of neighborhood commercial uses, - as well as light industrial uses. The Neighborhood Business 3-t)zone and the UR-22 zones are intended to implement the Urban category. See Zoning Code 14,624.1.00 and 14,622100. The - Industrial Park(I-1)zone,which permits a number of low in-Tact industrial uses under enhanced development standards, also arguably implements theUrban category. See Zoning Code 14.630.100. The B-1 zone allows an assortment of commercial uses, which are generally less intense and subject to stricterr-development standards than-the commercial uses permitted in the Community Business (B-2) and B-3 zones. The UR 22 zone is primarily a.multi-farnily residential zone; but also-allows.professional,medical and busiiness offices to provide some of the.service'needs generated by.commercial uses.- - Findings;.Conclusions and Decision° • - ZE-1-01 . - . = . Page 2.7 Tie Ass ooiatirtr..contended that the proposed rezone would significantly impact existing recreational uses and scenie views on the hillsides located south of Appleway Boulevard. The ' Association described.the rocky cliffs and canyons (Cave Canyon) located immediately south and southeast of the siteas part of a special terrain carved by the Lake Mi.ssonla glacial flood Haat occurred during the last ice age, and as probably the best example of such terrain in the Dishman Hills area. The Association advised that such terrain was one of the prime candidates to ' - represent Spokane's geologic heritage au the National Glacial Flood.Geologic.Trail,currently - being proposed to the U.S. Congress by the National Park Service. A letter was submitted by a board member of the"Ice Age Flood Institute",which indicated that the Dishman Hills area had been identified as a major flood-feature included irrthe.inventory-for the fee Age Floods Geologic Trail, which included sites.in four northwest states:. -The.Associatiaa further indicated that the adjacent area to the south and southwest was one of the more scenic.views:in the Valley ares'of the county'and.an area often visited by tourists, and contended that commercial development ofthe site andits accompanying:signage would seriously obstruct such views. The.Association,also expressed..concern.-that the project would obstruct access to hiking trails accessing the Cave Canyon•area and the NRCA, The Association alsrx.,noted that the-applicant's adjacent:ownership tb.ths east,.south of.- -ApplewayBoulcvard,..and the southerly fringe of the site,;had been nominated, but not selected, for purchase under the County's-Conservation Futures-Program in 1998. Such program Uses conservation tax monies collected by the•County to.purchaase and preserve special;natural areas. - See chapter 84.34,RCW. • The Comprehensive.Flan and the County's development.regulations do:rtot designate,the area lying immediately south and southeast of the southwest portion of the site as a"unique environmental feature'-': Congress has not approved,the.Ice Age Floods Geolo o,Trail,;and it is not certain tharthe•'applicant's adjacent ownership would;be:included as part of the trail even if the trail is approved.. The hiking trail(s),from the : A that reach the northwest.corner of the,southwest pardon of the site extend through the applicant's_adjacent,praperty.Iying.south.and southeast.ofithe . southwest portion of,the=site, as well as property,owned by,Spokane County adjacent to Rose - Haven Mobile.Home Park. See maps attached.t€o.the Association's DNS appeal. Thus,there is : no apparent right of public or private access through-the southwest portion of the.aite, or the applicant's adjacent-land, for such liikirg trail(s). Conversely,the applicant provided testimony at the publiehearing that the southwest portion of the site has been used for dumping litter and trespassed upon by the public over the years. - • The,Valley Couplet S EIS did find that the;visual character of the residential-land located along the south side of Appleway Boulevard should be maintained,in the construction of the• • Valley.Couplet. The SETS (chapter 7) recommended,that a-landscapedbuffer be installed along Appleway Boulevard,-for.the residential:use and NRCA land abutting the south side of Appleway Boulevard,:east of Park Road; in order to create astable visual edge,sercea,and provide transition.to the roadway and the commercial uses located to the north, compensate for . :.;,.aost•megetation,and reduce emissions.and noise-from the roadway. A buffer.is recoaa rnendcd,•at. • Finditgs,-Cor clusions.andDecision - ZE-1-01- . Page 2s • - . • a minimum, for the Rose Haven.Mobile eme-Park; the Vista Mobile Horne Park and two adjoining residences west ofsuch.park;for Camp Caro,its associated entrance to theNRCA;and the residences near such entry point; or.anywhere where a residential unit is within 100 feet of the roadway. - It is true that the County Engineer, as owner of the Rose Haven Mobile Home Park, did not object to-the.potential impacts of the proposed rezone on the park. This does not mean that the - residents in the park, or future park residents that may be accommodated on-the County's adjacent land lying south and east of the park, should not be protected from.the impacts generated by the intensive commercial development on the southwest portion of the site. The development standards of.the B-3 zone provide some mitigation of impacts-on the adjacent mobile home park, and other adjoining land zoned•ITR-3:5. The B-3 zone limits building height within 150 feet of the:UR 33 zone to 35 feet. This limitation would apply to all but the northwest hart of the southwest portion of the site. A 35-font building setback is required adjacent to Appleway Boulevard: The landscaping standards-for:the B-3 zone would require the- applicant to install-5 feet•of Type TII Iandscaping( ee-through buffer) along the frontage of the - site with Appleway Boulevard, and 20 feet of Type l Landscaping along the south:end east boundary ofthe'site adjacent to -3.5 zoning. There would be no landscaping requirement for the proposed rezone adjacent to the mobile home park to the West, due to its 11R-22 zoning. Sec Zoning Code-Chapter 144.806,.-The B-3 - zone would require any buildingslo be-set back atleast 1.5 feet from the west.property line of the southwest portion of the site,-since the west-botimidary abuts UR-22 zoning or existing residential development. See Zoning Code I4:628.325. The Zoning Code does require parking areas in commercial development to be landscaped. This includes,withoutlim.itation;the establishment of a&foot high.screen, or at least5 feet of Type.I(screen) or Type 11(visual buffer)landscaping, -. for parking areas'abutting residentially zoned•land located along any interior property line. See . Zoning Code 24.802.220. On May 1, 2001, shortly before the public hearing held on the project, the County adopted a,temporary Moratorium en freestanding on-premise signs for properties abutting eastboutd Appleway Boulevard, and certain other newly,developed or redeveloped County-reads considered"aesthetic corridors" . 'See County Resolution-No.'I-0390. This m oratoriurti:applies to the ctiirent site. The adopting resolution for such moratorium found that freestanding on-premises signage would create visual clutter which obstructed views of the surrounding areas,that the signs would impair the scenic beauty along such corridors, and that the excessive number of signs would create an unsightly community. The-resalutionindicated that the County Planning.Connrnission was in the process of amending the Zoning Code'relating to-aesthetic corridors, to provide incentives for aesthetic design,require landscape buffers adjacent to such corridors,limit the sign sizeheight and quantity, and establish standards for the scale and intensity of commercial signs that protects views and minimizes sign clutter while still allowing adequate business identification. - ISE Findings; Conclusions and.Decisicry 1. . .. PAge 29 On February 2,2001., the Examiner approveda rezone to the B-3 zone for two (2} acres of - - land located across Appleway Boulevard from the Rose:Haven Mobile Home Park.-During the public hearing on such proposal, the County Division orf Planning requested a limitation on the height of freestanding signs. In response to such recommendation, the Examiner restricted any freestanding signs located across Appleway Boulevard from the mobile home park to inanimate, non-flashing signs.at a maximum height of six(6) feet. See Hearing Exeunt. er decision in File No. ZE-26-04. County Planning condition#$ for the current project recommends a similar ' restriction,but adds an additional requirement that any free-standing signs be of a monument type. The applicant proposes to develop retail uses under the B-3 zone on the southwest portion of the site,but did not=bride t a.specifie development plan. Application of the transitionpolicy of the Comprehensive Plan requires the Examiner to consider the extent to which a land use proposal intrudes into an inconsistent category of the Comprehensive Plan;and the effects on neighboring landu.ses in such category. Depending 011 the B-3.zone use and development plan selected for the site,harmful impacts:relating to,sound;noise,illumination, €dors,,visual - aesthetic;building heights, signage etc.:could-result to the mobile home parkto the West,, and be inconsistent with:the-UR-3.5 ZOofthe,..adjacent land,owned by the applicant. A less intense business zone, such as the Neighborhood Business 034) or even the Community Business (B-2) zone, could have been proposed for the southwest portion of the site. . Extraordinary buffering is required:to ensure thatthe site-is developed in a manner that is: compatible with adjoining-residential-land uses-and zoning. This may,include the need for increased landscaping;use of native landscaping, greater setbacks,reduced building heights, limitations.onsiguage,noise limitations, limitation.s.ofuse,reduced illumination, special architectural;features,;etc. The only practicable means of assuring such,mitigation is through detailed site plan review by the_Hearing Examiner at a public hearingetesi .g,the change of. - condition process set forth in Zoning Code 14.504.340.: The Examiner has imposed such , requirement as a condition of approval. The Examiner has also restricted the use of outdoor, loudspeakers on the rezone site. The Associationealso contended that-commercial development of the site could,ceate a fire hazard to the forested-.area lying.,adjacent tie the site. A witnest for the,applicant responded that the hillside adjacent-.to the site was cam posedofbarcroek end:did not pose a fire danger. See testimony ofleel Crosby- However, testimony by the Association, aerial photos of thesit;the Valley Couplet SEIS, and the site visits by the Examiner disclose the presence of numerous trees, shrubs and-other native vegetation on the hillside-located,adj acent to the site. Spokane;County Fire 1,in its:;February 21,2001 letter, indicated that at had no objectioreto the:projeetc A fire hydrant is already located on the site. Any--risk of wildfire danger can be mitigated-through the site.plan and the building perbait review process, and enforcement ofthe-County's,building:and.•firc codes at such times; - • { . .., HE Findings, Conclusions and Decision . ZE-1-01 - - •Page. 3Q: .. • No public agencies objected to the DNS.issued for the proposal by the-County Division of Planning. As conditioned, the proposal will not have more than a moderate effect on the quality of the environment, and the Examiner concurs with issuance of the DNS. The appeal of the DNS by the Association is denied. The procedural requirements of chapter 43.21C RCW and chapter 11.10 of the Spokane County Code have been met. In applying the changed circumstances test, ecurts have loafed-at a variety of factors, including changed:public opinion, changes in land-use patterns in the area of the rezone proposal, and changes on the property itself. The Zoning Code references changes in "econonmic, technological or land-use conditions"as factors that will support a rezone. 'Spokane County Zoning Code_Section 14.402.020 (2). Washington courts have not-required a'"strong"showing -of change. The rule-iseflexible;:and each ease is to be judged on its own facts. Bassani v. County 'Commissioners, 70 Wn. App. 389, 394(1993), . As stated previously,recent.-Washington cases have held that changed circumstances.are -not required if the proposed rezone implements policies of a comprehensive plan. The Examiner found above that the property implements the policies of the Comprehensive Plan. Changed conditions that have occurred since the zoning of tbe'site was re-designated to the _ ER-3,5 zone on January 1, 1991,pursuant to the Program to Implement the.Spokane County Zoning Code. This includes the.recent development of Appleway-Avenue as`part of'a one-way couplet-with Spague-Avenue;the land exchange between the.Caunty aridthe.applicant,which eliminated County rights ofway along the north.aud.south border of the southwest portion of the site; the eorinmercial,rezones approved by the Hearing Examiner in File Nos.ZE-26-00 and - 32-00;redeveloprrri ent df the Dishman Dedge_property,along-the north side of Appleway Boulevard;.designation of the site within,the County's IUGR boundaries; and the extension of public sewer to the area, .. IV. - DECISION Based on the above Findings of Fact and Conclusions of Law, the application for a rezone to the B-3:zone is hereby approved, sub ject.tc the conditions of approval of public agencies stated-below. The appeal c theDetermination of Nonsignificance issued for the proposed rezone is denied. Any conditions of such agencies that have been added or significantly revised by the Hearing Examiner are ifalicied. Failure to comply with the conditionsof this approval may result in revocation of this 'approval by the Hearing Examinee. This approval does not waive the applicant's obligation to comply with all other requirements of other agencies with jurisdiction. • FIE Findings, Conclusions-and Deoision ., ZE-1-01 . -Page — Ir e • SPOKANE COUNTY DIVISION OF PLANNING • L All conditions imposed by the-learing Examiner shall be binding on the 'Applicant," which to shall include the owners, developers and users of the property, and their heirs, assigns and successors. - 2. The zone changeapplies only to the-parcel legally described in County Division.of Planning File No. ZE-1411, which currently consists of County Assessor's tax parcel ins. 45192.9143, 45192.9139 (portion) and 45192.91.72(portion). - 3. The applicant, wad development of the site,shall comply with the Regional Business (B-3) Zone and all applicable.provisions of the Spokane County Zoning Code,as amended: • 4. Prior to issuance of any building permit or signage permit for, Or ire of, the southwest portion of the sits (currently represented_by County Asse.ssor:'s tax parcel nos.7451.92.9143)the applicant shall submit a-ck rtige.of crnditiorzs application and a,detailed site plan for the southwest portion of the site for review and approval by the ffearingExarairaer at z public hearing. Notice of hearing shall be provided as reqr tr'ed for change of conditions'applications. This may result in-revised conditions for development of suehportion'of the site, 4. The Division of Planning shalt prepare and record with the.Spokane County Auditor a Title Notice,noting tl tithe property-in-question is subject to avariety of special conditionsimposed as a result of approval-of a-land use action. This Title Notice shall serve 494 public notice of the. conditions ofapproval affecti -the.property in question;.;The,Title=Notice should-be recorded. within the same bine frame•as.allowed fur-an appeal and.-shall only he released,in full or in part, {` by the Division.of•Planning. The Tuletlotice,shall generally provide.es follows_.:.- • "The parcel of property legally described as [insert legal description] is the subject of a land. use action by the Spokane County Hearing Examiner on June 18, 2001,imposing a variety of special development conditions. Pile No.ZE-1-01;is available for inspection and c.opying in the Spokane County-Division of Planning." 5. The Division of Planingshall:file with the Spokane_County Audztcr,within the same frame as allowed for an appeal from the.:iZnal;disposition, including lapsing of-appeal period, a :_ Title Notice,which shall generally provide as follows: : "Prior to the issuance of•anyrbuild ng permit forany building or any-asp 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 which is,the subject of this notice is more particularly described as follows: (insert legal description)"- . . :- . . 6. Exterior lighting shall comply with Section 14,8'10.180(Illumination)of the Spokane County Zoning Code. Prior to the release.ofany site improvement building permits, approval is required by the Division of Planning Director/designee of a specific lighting plan for the subject property. Direct light from any exterior area lighting fixture shall not extend over the property • HE Findings, Conclusions-and Decision .- . . •1E-1$01 .. . . .. Page 32 _ - • . . . Prior to the release of.any site'improvement building permits, a specific landscape plan, planting schedule and provisions for maintenance acceptable to the Planning Division Director/designee.shall be submitted for approval. Landscaping shall be installed consistent with the landscaping plan as approved by said Director/designee and maintained. Landscaping shall be consistent with the requirements of Section 14.804.040 (Location of Required Landscaping) of the County Zoning Code. 8. Approval is required from the Director of the Division of Planning/designee of a signing plan for the described property,prior to the release of any building permit. Detached signage on the site shall be limited to inanimate,non-flashing monumental-type signs,not to exceed six (6) feet in height. A moratorium on free-standing on premises signs is currently in place along Applewe y Boulevard If Spokane atunty adopts special signage requirements for such signE along Appleway Boulevard, which would otherwise apply to the site, such standards may be substituted for the signage imposed by'this condition, at the discretion of the Dior inn of Planning 9. A,filed avigation easement satisfactory to the Manager OfFelts Field shall-be provided prior to issuance of any building permits. 10.. Prior to release lof building permits for any development on County-Assessor's tax parcels 45192.9172 and 45192.9139, the applicant shall adjust the tax parcel boundaries so that the reconAgured parcels lie entirely within the approved Regional Business (B-3)zone, or entirely within the Urban Residential(UR-3.5)zone, such that neither parcel includes more than one Zone. 11. Outdoor-loudspeakers are prohibited on the site. SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS Prior to release of a building permit or use of property as proposed: - 1. Access permits_for approaches to the County Road System shall be obtained from the County Engineer.. 2. The applicant shall submit drainage and access plans for approval by the Spokane County ° Eng leer. 3. A Professional Engineer, licensed in the State of Washington, shall submit final drainage plans, a drainage report and calculations that conform to the 1999 Spokane-County Standards for Road and Sewer Construction, the current edition of the Spokane County(uid.eLbnes for . Stozmwater Management and all other standards and laws that are applicable.Final drainage plans and a drainage report shall receive the County Engineer's acceptance,prior to release of a construction or building permit. • - - TzlE Findings,.:Conclusions and Decision r- . , • ZE-1-01 . Page 53...: :.• - 4. A parking plan and.traf a circulation•plan shall be'submitted and approved-by the Spok ne - County•Engineer. The design, location and arrangement of parking stalls shall be in accordance- with,standard engineering practices. Paving or surfacing as approved by the County Engineer - will be'regulled for any portion.ofthe project which is to be occupied or traveled by vehicles. 5. Roadway standards, typical roadway sections and drainage plan requirements axe found in Spokane County Resolution No. 99-4265 as amended and are applicable to this proposal. 6. No:construction work is to be perfumed within the existing or proposed right of way until a permit has been issued by the County Engineer.All work within the public road right of wayis subject to inspection and approval by the County Engineer. . 7. The applicant is advised that there'may exist utilities.either undergroundor overhead affecting the applicant's property,including-property to be dedicated or set asidefuture' acquisition. Spokane County will assume no financial obligation for Adjustments or relocation regarding these utilities. The applicant should contact the applicable utilities regarding responsibility for adjustment orrelocation casts and to make arrangements for anynecessary work. - 8. The applicant,shall;grant applicable bordor easements adjacent to Spokane County Right of Way per Spokane County Standards. 9. This,proposed zone change is not being requested•for a-specitic development proposal or site plan at this time. At such time a site plan is submitted for review,the applicant shall submit detailed traffic information for review by the County Engineer to determine what traffic impacts, if any, thai the development would have on surrounding infrastructure. The ap.plieant is advised that mitigation maybe required for off-site improvements. SPOKANE REGIONAL HEALTH DISTRICT 1. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. . . . 2. Water service shall be coordinated through the Director of Utilities,Spokane County. - 3. - Water service shall be by an exist .g 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 indiviluatsentice will be • provided to each parcel prior to sale. The use of individual on-site sewage disposal systems shall not be authorized. , 5.. The use of private wells and water systems is prohibited, { HS Findings;..Couclusions and Decision - . .1E-1-01 . _ Page-34 - - - SPOKE COUNTY DIVISION OF T_TT7LZTrES I. A wet(live) sewer connection to the area-wide public sewer system shall be constzucted. A sewer connection permit is required. Commercial developments shall submit historical andlor estimated water usage prior to the issuance of tha connection permit in order to establish sewer fees. 2. The applicant shall submit expressly to Spokane County Division of Utilities, "under separate cover", only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. Commercial developments shall submit historical and/or estimated water usage as part of the sewer plan submittal. 3. ,Sewer plans acceptable to the Division of-Utilities shall be submitted prior to the issuance of the sewer connection permit. ' - 4. Arrangements for payment of applicable sewer charges must be made prior to issuance of sewer connection permit. Sewer charges may inciade connection charges and general facilities charges. Charges may be substantial, depending on the nature of the develo m ent. 5. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan far Speksne County, as amended. • • • • • • • • • • HE Findings,- Conclusions and Decisiion -- ZE-1-01 • . oke, 35 - DATED dais.186 day of June,2001. • . SPOKANE COUNTY HEARING EXAMINER A. 1 C.Dempsey,WSBA;#L8'd1111161/7111, • • NOTICE OF SIAL J CLS10N,iND NOTICE OF RIGHT TO APPEAL Pursuant to Spokane County Resolution Nos. 96-0171 and 96-0532,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- written decision, a party of record aggrieved by such decision'files an appeal with the Board of County Commissioners of Spokane County, Wasbing:on. However,RCW 36:70E.110 (9) indicates that a+fm,nistrative appeals of county land use decisions and SEPA appeals shall be filed with the legislative body within fourteen(14) calendar days of the date of the decision. This decision was mailed by-certified mail to the Applicant, and by regular mail to other parties of record,on June 18,2001. DEFENDr G ON WIUCII APPEAL PERIOD .REFERENCED ABOVE LEGALLY APPLIES,'fiLF, APPEAL CLOSING DATE IS EITHER RINE 28 2001 OR JULY 3 2001. 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) 477-7490. The file may be inspected during normal working hours,listed as Monday. Friday of each week, except holidays, between the -hours of 8:30 a.rn. and 5:00 p.m. Copies of the documents in the record will be made available at the cost set by Spokane County. • • •• BE Findings Conclusions and Decision ZE-1-01. Page 36, • -