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ZE-13-00• SPOKANE COUNTY HEARING EXAMINER RE: Zone Reclassification from the Urban Residential-3.5 (UR-3.5) Zone to the Urban Residential-22 (UR-22) Zone; Applicant: Sonrise Land, LLC File No. ZE-13-00 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION I. SUMMARY OF PROPOSAL AND DECISION Proposal: Application for a rezone from the Urban Residential-3.5 (UR-3.5) zone to the Urban Residential-22 (UR-22) zone, for the development of professional, business or medical offices. Decision: Approved, subject to conditions. II. BACKGROUND/FINDINGS OF FACT A. General Information: Applicant: Sonrise Land LLC, c/o Jeff Morse, Storhaug Engineering, 1322 North Monroe, Spokane, WA 99201 Site Owner: Sonrise Land LLC, 11219 East Sundown Drive, Spokane, WA 99206 Address of Site: 15922-16002 East Broadway Avenue, Spokane, WA Location: Generally located south of and adjacent to Broadway Avenue, east of Sullivan Road, in the SW Vs of Section 13, Township 25 North, Range 44 EWM, Spokane County, Washington. Parcel Number: County Assessor's tax parcel nos. 45133.0207, .0208, and .0209 Zoning: Urban Residential-3.5 (UR-3.5) zone. The site is also located in the Aquifer Sensitive Area and the Public Transit Benefit Area designated by the County Zoning Code. 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. HE Findings, Conclusions and Decision ZE-13-00 Page 1 v • • Environmental Review: 18, 2000. Site Description: The site is approximately 1.56 acres in size, is generally flat, and consists of 3 tax parcels. A single-family home and detached associated outbuilding is located on the most westerly parcel. A second single-family home is located along the boundary between the westerly two parcels, with an associated outbuilding located in the middle of the middle parcel. The remainder of the site is undeveloped. Area Road System: Broadway Avenue, west of Flora Road, Broadway Avenue, Sprague Avenue, Flora Road and Evergreen Road in the area are all designated as Principal Arterials by the County Arterial Road Plan maps. Valley Way Avenue, west of Flora, is designated as a Collector Arterial. Mission Avenue, west of Sullivan Road, and Broadway Avenue, east of Flora Road, are designated as Minor Arterials. The County is currently widening Evergreen Road, south of Mission Road, from a 2-lane road, without curb or sidewalk, to a 5-lane Principal Arterial Road Section, with curb and sidewalk along both sides of the street. Broadway Avenue, adjacent to the site, is a paved 2-lane road without curbs or sidewalk, within a 40-foot and 55-foot wide right of way. Further to the west, Broadway Avenue is improved to a 5-lane arterial road section, within a right of way width of 90 feet. A traffic signal with turning lanes is located along Broadway Avenue, just west of Moore Street, to provide access into the Wal-Mart and retail mall located northwest of the site. A fully signalized intersection and turning lanes is found at the intersection of Broadway Avenue and Sullivan Road. The Interstate 90 freeway (I-90) is located less than a quarter mile north of the site, direct distance. The freeway has an interchange with Sullivan Road, north of Mission Avenue. The County and the Washington State Department of Transportation (WSDOT) are planning improvements to such interchange to improve access. A new freeway interchange at Evergreen Road and I-90 is currently being constructed by WSDOT. The interchange project will provide on and off -ramps for freeway access, and an overpass over I-90 that will extend Evergreen Road from Mission Avenue to Indiana Avenue, on the north side of I-90. Surrounding conditions: The land in the area is designated in the Urban category, except for strips of the Major Commercial category distributed along Sullivan Road, the north side of Broadway Avenue, Sprague Avenue, and the south side of Interstate 90. The Major Commercial category extends between Broadway Avenue and I-90, north of the site, between Sullivan Road and Conklin Road. A Determination of Nonsignificance (DNS) was issued on August Sullivan Road and Sprague Avenue in the area comprise major traffic and commercial corridors through the Spokane Valley area of the county. The Spokane Valley mall and other retail uses have recently been developed north of1-90, between I-90 and Indiana Avenue, between Evergreen Road (extended north) and Sullivan Road to the east. Additional retail development is planned in the vicinity of such development, north of I-90. HE Findings, Conclusions and Decision ZE-13-00 Page 2 The land lying north of the site, between Broadway Avenue and I-90, from a point lying approximately 250 feet east of Conklin Road to Sullivan Road, is zoned Regional Business (B-3). The land lying immediately northwest of the site is developed for a strip retail mall and a large Wal-Mart store. The land lying north and northeast of the site is currently vacant, but the land lying north of the site is proposed for expansion of the Wal-Mart store, as far east as the current site. The land lying east of the site is zoned UR-3.5, and consists of single-family homes and undeveloped land. The land lying west and southwest of the site is zoned Urban Residential-7 (UR-7), and consists of single-family homes on urban -sized lots, along with some duplexes. Further to the west the land is zoned UR-3.5 and developed with older single-family homes on various sized -lots, and a church. Intensive commercial uses, mostly zoned B-3, are located along the east side of Sullivan Road. The land lying directly south and southeast of the site is zoned UR-3.5 and undeveloped. A 10-acre site within such land area is proposed for a hospice care center, which would front along Conklin Road to the southeast. A hospital is a permitted use in the UR-3.5 zone. The land lying further to the south, north of Valley Way Avenue, is zoned UR-7 or UR-3.5, and is developed with single-family homes. In 1997, the Hearing Examiner approved a change of conditions to the preliminary plat of Childer's Subdivision, to allow the division of 16 single-family lots on 7.66 acres located along the west side of Conklin Road, south of the proposed hospice center. Such project has not received final plat approval. Proposal: Application for a zone reclassification from the UR-3.5 zone to the UR-22 zone, for the development of professional, business or medical offices. The site plan of record dated 7-6-00 illustrates the development of three (3) 2-story office buildings, one on each tax parcel making up the site. The buildings will have basements to house utilities and for storage. Parking is illustrated between the building and Broadway Avenue, with individual driveways provided for each parcel. Each building would have 7,760 square feet of space. The estimated building coverage on the site is approximately 17%. The site plan illustrates required landscaping along the site boundaries, but fails to show required 6-foot high perimeter screening along the east, south and west boundaries, adjacent to UR-3.5 or UR-7 zoning. The site plan provides for dedication of additional right of way along Broadway Avenue to the County, to equal 35 feet from centerline. The site plan fails to provide for a 5-foot future acquisition area for right of way along Broadway Avenue, and building setbacks measured from such area, as requested by the recommended conditions of approval. B. Procedural Information: Applicable Zoning Regulations: Spokane County Zoning Code Chapters 14.402 and 14.622 Hearing Date and Location: September 6, 2000, Spokane County Public Works Building, Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA. Site Visits: September 5, 2000 and October 30, 2000 HE Findings, Conclusions and Decision ZE-13-00 Page 3 Notices: Mailed: August 17, 2000, by applicant Posted: August 18, 2000, by applicant Published: August 18, 2000, 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: Tammy Jones Division of Planning 1026 West Broadway Spokane, WA 99260-0240 Jerry Storhaug 1322 North Monroe Spokane, WA 99201 Shirley Torgrimson 519 North Conklin Road Veradale, WA 99037 Delbert Liljegren 418 North Moore Road Veradale, WA 99037 Scott Engelhard Division of Engineering 1026 West Broadway Spokane, WA 99260 Grant Person 11219 East Sundown Spokane, WA 99206 Suzanne Clark 1016 VanGiesen Richland, WA 99352 Items Noticed: Spokane County Generalized Comprehensive Plan, County Zoning Code, County Code, County Standards for Road and Sewer Construction, County Guidelines for Stormwater Management, and County Arterial Road Plan maps. County Resolution Nos. 99-0261 (revising Road Standards), 97-0874 (revising interim regulations for County IUGAs), 96-0294 (Hearing Examiner Rules of Procedure), 96-0171 (Hearing Examiner Ordinance), 95- 0498 (adopting Standards for Road and Sewer Construction, and Guidelines for Stormwater Management), and 85-0900 (adopting Zoning Code, and Program to Implement Zoning Code). Final land use decisions referenced in Staff Report and in this decision. Procedural Matter: After the public hearing, the Examiner left the record open to allow additional written comments on traffic issues to be submitted by neighboring property owners, and a response thereto by the applicant. See letters dated 9-22-00 and 10-3-00 from Hearing Examiner. III. LAND USE ANALYSIS FINDINGS OF FACT & CONCLUSIONS OF LAW A. Approval criteria 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 in the area since the last zoning of the property, and 3) the rezone proposal must bear a substantial relationship to the public health, safety or welfare. Parkridge v. HE Findings, Conclusions and Decision ZE-13-00 Page 4 Seattle, 98 Wn.2d 454, 462, 573 P.2d 359 (1978); and Bjarnson v. Kitsap County, 78 Wn. 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 comprehensive plan. Bjarnson v. Kitsap County, supra; Save Our Rural Environment v. Snohomish County, 99 Wn.2d 363, 370-371 (1983); and Tugwell v. Kittitas County, 90 Wn. App. 1, 8, 951 P.2d 272 (1999). A comprehensive plan is considered as a general blueprint for land use regulation. Only general conformance with a comprehensive plan is required for approval of a rezone proposal. Citizens for Mount Vernon v. City of Mount Vernon, 133 Wn.2d 861, 873 (1997); and Cathcart v. Snohomish County, 96 Wn.2d 201, 211-12 (1981). Where the policies of a comprehensive plan conflict with zoning regulations, the provisions of the zoning code will usually be construed to prevail. See Weyerhaeuser v. Pierce County, 124 Wn.2d 26, 43 (1994); Cougar Mt. Assocs. v. King County, 111 Wn.2d 742, 755-57 (1988); and Nagatani Bros. v. Commissioners, 108 Wn.2d 477, 480 (1987). The County Hearing Examiner Ordinance authorizes the Hearing Examiner to grant, deny or grant with such conditions, modifications and restrictions as the Examiner finds necessary to make a land use application compatible with the Spokane County Generalized Comprehensive Plan and development regulations. See County Resolution No. 96-0171, Attachment "A", paragraphs 7 (d) and section 11. Development regulations include, without limitation, the County Zoning Code, the State Environmental Policy Act (SEPA) and the County's Local Environmental Ordinance (chapter 11.10 of Spokane County Code). Section 14.402.020 of the County Zoning Code authorizes amendments to the Code based on any one of six (6) 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 it is "... consistent with the Comprehensive Plan and is not detrimental to the public welfare...". Zoning Code 14.402.020(2) authorizes a Code amendment where "[c]hanges in economic, technological, or land use conditions has 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 of the County Zoning Code states that the provisions of the Code shall be interpreted to carry out and implement the purpose and intent of the Comprehensive Plan, and the general plans for physical development of the county adopted by the Board of County Commissioners. Zoning Code 14.100.106 indicates 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 in the various sections of the Plan should be used as a resource and guide for approving specific land uses. HE Findings, Conclusions and Decision ZE-13-00 Page 5 B. The proposed rezone, as conditioned, generally conforms with the Spokane County Generalized Comprehensive Plan; bears a substantial relationship to and will not be detrimental to the public health, safety and general welfare; and complies with the Spokane County Zoning Code and other applicable development regulations. 1. Applicable policies of Comprehensive Plan a. Urban category The site is designated in the Urban category of the Comprehensive Plan. The Urban category is intended to provide the opportunity for a "citylike" environment, which includes various land uses, residential development and a high level of public facilities and urban services. It is primarily a residential category of single-family, two-family, multi -family, and condominium buildings along with neighborhood commercial, light industrial, and public and recreational facilities. The Urban category recommends a residential net density range of 1 to 17 units per acre. The more intensive uses in the Urban category, such as light industrial and neighborhood commercial, are expected to be located near or along the heavily traveled streets. The least intensive single-family residential uses should be isolated from the noise and heavy traffic, while multifamily structures will usually be a transitional use located between single-family residential and the more intensive areas. See Comprehensive Plan, Section 1, "Purpose" and "Detailed Definition". The Urban category includes the following relevant objectives and decision guidelines: Decision Guideline 1.1.1 Urban development will be approved in areas having adequate power supplies, water, sanitary and storm sewers, streets, and school and fire services provided that such development meets the intent of other Objectives and Decision Guidelines of this section. Decision Guideline 1.1.4 A variety of densities and residential uses should be available to provide a freedom of choice to live in Urban areas with varying densities, combinations, or mix of uses (see detailed Urban definitions). Decision Guideline 1.1.6 Development utilizing construction methods, site planning and/or landscaping methods which are considered innovative should be approved if the intent of Plan Objectives or Decision Guidelines is maintained. Decision Guideline 1.3.3 All Urban development proposals should require public sanitary and storm sewer systems or interim sewer systems to protect water quality. Goal 1.5 Encourage a healthful and pleasing environment in the County's residential areas. Decision Guideline 1.5.1 Buffering and/or landscaping will be used to mitigate the differences between proposed developments and existing uses. HE Findings, Conclusions and Decision ZE-13-00 Page 6 Objective 1.5.c Encourage paved streets and sidewalks in existing and future developments where they are appropriate to the nature of the development. Decision Guideline 1.5.4 Sidewalk facilities will be required along arterials connecting residential areas with community facilities and/or commercial areas. Objective 1.5.e When a neighborhood experiences pressure for change in character, such change shall be permitted upon appropriate review. Objective 1.5.8 When 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. 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 policies; and c) identify and take steps to resolve significant adverse impacts upon existing utilities, (i.e. water, sanitary and storm sewers, utility, available and future energy resources), and traffic systems. 2. Transportation section policies The Transportation section of the Comprehensive Plan describes and designates county arterials into the classes of Principal Arterials, Minor Arterials, etc. All other county roads are considered Local Access roads, under the Arterial Road Plan. See Comprehensive Plan, Section 21. The Arterial Road Plan (ARP) characterizes a Principal Arterial (without controlled access) as a four (4) or more lane (including turning lane), moderately fast facility designed to permit relatively unimpeded traffic flow between major traffic generators, such as the central business district, major shopping centers, major employment districts, etc. Principal Arterials are considered the framework road system for the urbanized portion of the county, and are to be located on community and neighborhood boundaries. The ARP indicates that it is to be implemented through adopted arterial road plan maps, adopted road standards, and the County's Six -Year Capital Improvement Plan. Comprehensive Plan, p. 261. The Arterial Road Plan contemplates 4-8 moving lanes for Principal Arterials without controlled access. The desired width between curbs for such arterial is 63-111 feet, and the planned right of way width is at least 100 feet, depending on the number of moving lanes. Common features along such arterials include pedestrian crosswalks at signalized intersections, restricted parking, landscaping, drainage, street lighting and separated sidewalks. Channelization, or a center turn lane, should be provided to control left turns, provide space for HE Findings, Conclusions and Decision ZE-13-00 Page 7 snow storage, and to protect vehicles and pedestrians. See Comprehensive Plan, p. 246-247, 253-254 and Figure 21-4. The Transportation section encourages an adequate, efficient, safe, economical 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 function of existing and future arterials be 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 of the available capacity of existing arterial streets. Decision Guideline 21.5.11 recommends pedestrian facilities that enhance the safety and convenience of pedestrian travel and to 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 in the Transportation section recommends the early acquisition of the 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 designated County Arterials. Objective 21.1.6 recommends that long-range widening requirements 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 improvements, consideration should be given to long-range improvements at significant locations where such improvements will delay or eliminate future high cost reconstruction. The Transportation section policies further state that proposed development may be required to dedicate needed right of way, or to widen, or assist in widening, existing transportation facilities; all in accordance with established road design criteria and official maps. Decision Guideline 21.1.7. The primary function of Local Access roads is to provide access to adjacent property and deliver traffic to arterials. Such roads are to be designed and located to provide convenient access to residential lots, discourage flows of traffic through a neighborhood, and encourage continuous or unobstructed flow of traffic from a neighborhood to a neighborhood Collector Arterial. Comprehensive Plan, p. 247 and 260; and Decision Guideline 21.3.3. Decision Guideline 21.5.10 discourages "through" traffic from using residential access streets, and encourages making residential neighborhoods more attractive to family residents. The alignment and traffic control should encourage a slow, safe speed. This may be accomplished by utilizing physical and traffic management techniques such as offset intersections, circle drives, curvilinear street design and cul-de-sacs. HE Findings, Conclusions and Decision ZE-13-00 Page 8 3. Wastewater Management policies Decision Guideline 23.1.2 of the Comprehensive Plan recommends that sewer facility planning and development be consistent with the Comprehensive Plan in regard to size, location and timing. Decision Guideline 23.1.3 indicates that capital improvement plans for sewer facilities should be used as an implementation tool for the Land Use Element of the Comprehensive Plan. The more restrictive of the policies in the CWMP and Comprehensive Plan are to be applied by public agencies using such policies. See County Resolution No. 96-0585. In 1996, the County adopted an update to the County Comprehensive Wastewater Management Plan (1996 CWMP Update), which is incorporated by reference into the Comprehensive Land Use Plan adopted by the County. The 1996 CWMP Update designates 6- year and 15-year capital improvement areas where the County plans to extend public sewer service. The current site is located outside both the 6-year and 15-year sewer program areas, but the applicant plans to extend public sewer from the south to serve the project. See County Resolution No. 96-0585, adopting CWMP 1996 Update, p. 2-8, 2-10 and Exhibit 4-2. 4. Consistency of proposal with rezone criteria The applicant proposes to rezone the site from the Urban Residential-3.5 (UR-3.5) zone to the Urban Residential-22 (UR-22) zone, a zone that is specifically intended to implement the Urban category of the Comprehensive Plan. Zoning Code 14.622.100, sets forth the purpose and intent of the UR-22 zone, as follows: The purpose of the UR-22 zone is to set standards for the orderly development of residential property in a manner that provides a desirable living environment that is compatible with surrounding land uses and assures the protection of property values. It is intended that this zone be used to add to the variety of housing types and densities, and as an implementation tool for the Comprehensive Plan Urban Category. General characteristics of these areas include paved roads, public sewer and water, accessibility to schools and libraries, and a full line of public services including manned fire protection and public transit accessibility. Offices are permitted in the UR-22 zone in order to provide some of the service needs generated by high -intensity land uses. The highest density residential zone, UR-22 is intended primarily for multiple family dwellings and is usually located adjacent to major or secondary arterials. It is used as a transition between low or medium density multiple family uses and intensive commercial or low intensity industrial uses and to provide for higher density housing in locations close to employment, shopping and major transportation where movements of people can be handled efficiently and with least overall adverse impact. [emphasis added] Medical offices, and business or professional offices, are a permitted use in the UR-22 zone. Multi -family dwellings, duplexes and single-family uses are among the residential uses permitted in such zone, at densities (net) not exceeding 22 units per acre. Hospitals, day care centers, nursing homes/convalescent homes, and community residential facilities are among the HE Findings, Conclusions and Decision ZE-13-00 Page 9 other uses permitted in such zone. The maximum building height in the UR-22 zone is 50 feet, and the maximum building coverage is 65%. See Zoning Code chapter 14.605. The site is located along Broadway Avenue, which is designated as a Principal Arterial, the highest classification of arterials under the County Arterial Road Plan. A Principal Arterial corresponds to a "major arterial", as referenced in Zoning Code 14.622.100. See Zoning Code 14.300.100, definition of "arterials"; 1999 County Standards for Road and Sewer Construction; and Arterial Road Plan. The Urban category of the Comprehensive Plan encourages the location of neighborhood commercial uses, such as the current proposal, along the heavily traveled streets, and discourages single-family residential uses along such corridors. The County Zoning Code encourages the location of UR-22 zones along major arterials, such as Broadway Avenue. Broadway Avenue has been widened to a 5-lane section west of the site, with curb and sidewalk on both sides, and is required to be widened to a 5-lane section along the frontage of the project by County Engineering conditions of approval. The land lying north of Broadway Avenue and south of I-90, from a point lying approximately 250 feet east of Conklin Road all the way west to Sullivan Road, is zoned Regional Business (B-3). The land lying northwest of the site is developed for a large Wal-Mart store, and other intensive retail development. The land lying north of the site is currently vacant, but a portion of such land is proposed for expansion of the Wal-Mart store, extending as far to the east as the current site. The applicant provided qualified testimony that a reasonable demand for office space exists in the area. See testimony of Grant Person. The site is also located in close proximity to a larger transportation network, as pointed out in the Staff Report. The project is located approximately a quarter mile west of Sullivan Road, a Principal Arterial. Sullivan Road provides access to I-90, located approximately one -quarter (1/4) mile north of Broadway, and to Sprague Avenue, located approximately a half (1/2) mile to the south. Sullivan Road and Sprague Avenue each comprise major commercial and traffic corridors through the Valley area of the county. Significant commercial retail development, including a recently developed regional shopping mall, is also located along the north side of I-90, west of Sullivan Road. The project will be served by a high level of public services, including public sewer and water, and modern utilities. The site lies inside the Public Transit Benefit Area, the area where the Spokane Transit Authority is authorized to provide public transit services. See Zoning Code 14.300.100. The site is also located inside the interim urban growth area boundaries designated by the County pursuant to the State Growth Management Act, within which more intensive urban development is encouraged. The applicant is required to dedicate up to a 15-foot width of right of way, reserve an additional 5 feet for future right of way, and improve Broadway Avenue to a 5-lane arterial road, including the installation of curb and sidewalk, along the frontage of the site with Broadway Avenue. County Engineering conditions also require the applicant to enter into a developer agreement with the County to provide proportionate, off -site traffic mitigation at the Sullivan Road/Interstate 90 interchange. This includes participation in a county road project, to be constructed in 2001, that will install a looped on -ramp for westbound traffic at the interchange. HE Findings, Conclusions and Decision ZE-13-00 Page 10 Neighboring property owners objected to the project based on cumulative traffic impacts from the project and other proposed development, the establishment of a precedent for more intensive urban development and zoning in the area, concerns about extension to public sewer, impacts to residential property values, increased demand on fire protection services, excessive building height in the project, medical office hours, inconsistency of the project with neighboring residential uses, lack'of demand for offices in the area, etc. The land along the north side of Broadway Avenue in the area is completing a transition to intensive commercial development under the Regional Business (B-3) zone, the most intensive commercial zone provided in the County Zoning Code. The land lying along the south side of Broadway Avenue in the area, east of B-3 zoning located along Sullivan Road, is transitioning from older single-family housing on land zoned UR-3.5 to more intensive urban development. Friske Addition and Friske First Addition, which lie south and southwesterly of the site along Moore Street, south of Broadway Avenue, were originally platted and zoned for single- family residential development in 1970. This predates adoption of the Comprehensive Plan in 1980, and adoption of the County Zoning Code in 1986. Such final plats also predate the cross- over zoning of all property in the un-incorporated area of the County from the old zones of the now expired County Zoning Ordinance to the new zones of the County Zoning Code, on January 1, 1991, pursuant to the Program to Implement the County Zoning Code. The zoning of the land in such plats crossed over to the Urban Residential-7 (UR-7) zone in 1991. The Urban category discourages the location of single-family housing along busy arterials such as Broadway Avenue, and encourages the location of multi -family housing and neighborhood commercial uses along such arterials. The current proposal suits the location criteria of the Urban category far better than do Friske Addition and Friske First Addition. The homes in Friske Addition and Friske First Addition, are generally of 1.5 to 2-story construction, of contemporary design, and in good condition. A few additional homes, on land zoned UR-3.5, lie east of the site along Broadway Avenue. The home adjacent to the site on the east is of single-family construction but is oriented toward Broadway Avenue. The vacant land lying south of the site is currently proposed for a small hospital use (hospice care). The applicant proposes 2-story construction of the buildings in the project, but does not disclose the probable building height on the site development plan, the environmental checklist submitted for the project or elsewhere in the record. The Urban category indicates that building heights and architectural design of new development should be considered, in comparison to neighboring residential land uses. The record does not disclose the architectural design of the buildings in the project, other than to indicate the buildings will be of wood, composite or brick exterior. The applicant should make an effort to incorporate some residential features in the design of such buildings, such as facade and/or roof style. A building height limitation should also be placed on the project. The UR-3.5 and UR-7 zones specify a maximum building height of 35 feet. This should be sufficient to accommodate 2 stories of construction. The Examiner has imposed additional conditions of approval regarding building height and architectural design. HE Findings, Conclusions and Decision ZE-13-00 Page 11 The proposed office use and UR-22 zone for the project will provide a transitional buffer between the B-3 zone proposed for intensive commercial uses located along the north side of Broadway Avenue across from the site, and the less intensive urban uses zoned UR-3.5 and UR-7 to the south. The proposed building coverage on the site is only 17%, well below the maximum building coverage in the UR-22 zone of 65%. The UR-22 zone requires the applicant to install a 6-foot high screen consisting of a sight - obscuring fence, wall or solid landscaping along the east, west and south boundaries of the site adjacent to UR-3.5 and UR-7 zoning. The applicant is required to install 20 feet of Type I (screen -type) landscaping along the same perimeters, and to install 20 feet of Type III (see - through buffer type) landscaping along the frontage of the site with Broadway Avenue. Such landscaping requirements would necessitate approximately 30% of the site being covered by landscaping. Zoning Code 14.806.080 authorizes the County Division of Planning to reduce the landscaping requirement so that no more than 15% of the site is covered by required perimeter landscaping, provided that the landscaping and corresponding setbacks required are those most beneficial to the public; and provided further, the hearing body does not otherwise require more intensive landscaping. At the public hearing, the applicant requested that the 20 feet of Type III landscaping requested along Broadway Avenue be reduced to 10 feet of Type III landscaping. See testimony of Jerry Storhaug. This would still result in approximately 24% of the site being covered by required perimeter landscaping. Further, the retention of 20 feet of Type I landscaping along the south, east and west boundaries of the site provides a wider buffer and building setbacks from the adjacent single-family uses, and adjacent UR-3.5 and UR-7 zoning. The information provided by neighboring property owners regarding impacts on residential property values was submitted after the record was closed regarding such issue. Such information consisted of information reportedly obtained from unnamed realtors, concluding that the approval of UR-22 zoning on the site would have a significant impact on the property values of neighboring properties. No supporting factual information was provided that would allow the Examiner to rely on such information. Office uses generally operate from 9-5 and generate relatively low peak hour traffic compared to intensive commercial uses and multi -family uses. The Examiner has carefully reviewed the traffic information submitted by Suzanne Clark, who owns a residential property located 240 feet west of the site, west of Friske Addition and Moore Road, and submitted by other property owners. Such owners presented no qualifications of a traffic engineering nature. County Engineering did not express any traffic concerns regarding the project, other than those addressed by its recommended conditions of approval, which conditions the applicant has agreed to comply with. Further, the applicant provided a point -by -point rebuttal of the traffic information submitted by neighboring property owners, through its traffic engineering consultant. The strongest argument presented by neighboring property owners was that traffic impacts from the project should be considered in concert with other pending developments in the immediate area, including the hospice center proposed immediately south of the project, and expansion of the Wal-Mart proposal north of the site and Broadway Avenue. The Examiner HE Findings, Conclusions and Decision ZE-13-00 Page 12 would agree with this point, if competent traffic engineering evidence had been submitted indicating that such cumulative impacts were likely to cause failing levels of service along Broadway Avenue, at nearby intersections, or at the I-90 freeway interchange at Sullivan Road. The traffic information submitted by the applicant's traffic engineer indicates that levels of service at area intersections, with the current project and the proposed hospice center, will remain at Level of Service (LOS) C. This is above the failing LOS designated by the 1999 County Standards for Road and Sewer Construction, which is LOS E for un-signalized intersections and LOS D for signalized intersections. In addition, subsequent projects are required to consider the traffic impacts from the current project and mitigate the cumulative impacts from development. The traffic information submitted by the applicant's consultant also indicates that Broadway Avenue is well below capacity for its current designation as a Principal Arterial. See memorandum dated 10-2-00 from Jerry Storhaug, P.E. Based on the information in the record, the Examiner concludes that the project, as conditioned, will not result in a failing level of service for the transportation infrastructure impacted by the project, at the time of buildout. No deficiencies with regard to the ability of the project to comply with development regulations have been established in the record. The project has been conditioned for compliance with the development standards of the UR-22 zone and other applicable provisions of the County Zoning Code, and the recommendations of the commenting public agencies. As conditioned, the project will be reasonably compatible with, and not have a significant negative impact on, neighboring land uses. No public agencies objected to the DNS issued for the proposal by the County Division of Planning. 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 procedural requirements of chapter 43.21C RCW and chapter 11.10 of the Spokane County Code have been met. 3. Conditions in the area have sufficiently changed in the area since the site was last zoned to justify the proposed change of conditions, as conditioned. In applying the changed circumstances test, courts have looked 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 "economic, 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 is flexible, and each case 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 concluded above that the property implements the policies of the Comprehensive Plan. HE Findings, Conclusions and Decision ZE-13-00 Page 13 • • Changed conditions have occurred since the site was last zoned for residential development in 1960, under the now expired County Zoning Ordinance, and since the zoning of the site was re -designated to the UR-3.5 zone on January 1, 1991, pursuant to the Program to Implement the Spokane County Zoning Code. This includes the availability of public sewer to the subject property, road improvements to Sullivan Road and Broadway Avenue, increased population growth in the area, designation of the site within the County's IUGA boundaries, and the development of intensive commercial uses northwest of the site along the north side of Broadway Avenue. Changed conditions also include zoning approvals to allow more intensive commercial development to the northwest and at the southeast corner of Broadway Avenue and Sullivan Road. See County Hearing Examiner Committee decisions in File Nos. ZE-34-91 and ZE-5-92. The construction of the Evergreen Road interchange at I-90, and planned improvements to the Sullivan Road/I-90 interchange may also be considered as changed conditions, since they will relieve traffic congestion at the Sullivan Road/I-90 interchange, and along Sullivan Road south of Mission Avenue. IV. DECISION Based on the above Findings of Fact and Conclusions of Law, the application for a rezone is hereby approved, subject to the conditions of approval of public agencies stated below. Any conditions of such agencies that have been added or significantly revised by the Hearing Examiner are italicized. Failure to comply with the conditions of this approval may result in revocation of this approval by the Hearing Examiner. This approval does not waive the applicant's obligation to comply with all other requirements of other agencies with jurisdiction. SPOKANE COUNTY DIVISION OF PLANNING 1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant," which term shall include the owner (s) and developer (s) of the property, and their heirs, assigns and successors. 2. The proposal shall comply with the Urban Residential-22 (UR-22) zone, the Aquifer Sensitive Area (ASA) Overlay zone, and other applicable sections of the Spokane County Zoning Code, as amended. 3. The applicant shall develop the subject property in accordance with the site plan of record dated July 6, 2000, subject to compliance with conditions of approval and development regulations. Variations may be permitted administratively by the County Division of Planning, or by the Hearing Examiner through the public hearing process, in accordance with Section 14.504.040 of the County Zoning Code. All variations must conform to regulations set forth in the Spokane County Code, and the original intent of the development plans shall be maintained. HE Findings, Conclusions and Decision ZE-13-00 Page 14 4. Approval is required from the Director of the Division of Planning/designee of a specific lighting and signing plan for the described property prior to the release of any building permit. 5. Direct light from any exterior area lighting fixture shall not extend over the property boundary. 6. A specific landscape plan, planting schedule and provisions for the maintenance acceptable to the Director of the Division of Planning shall be submitted with a performance bond or other suitable guarantee for the project prior to release of any building permits. Landscaping shall be installed and maintained as required in Chapter 14.806 and Section 14.802.220 of the County Zoning Code, as amended. The applicant shall install twenty (20) feet of Type I landscaping along the east, south and west borders of the site, subject to applicable height restrictions within the required front yard, and shall install ten (10) of Type III landscaping adjacent to Broadway Avenue. 7. The Division of Planning shall prepare and record with the County Auditor a Title Notice specifying a future land acquisition area for road right of way and utilities. The Title Notice shall state the following: a. A strip of property five (5) feet in width from the existing right of way is reserved for a future acquisition area, for additional road right of way width along Broadway Avenue. b. Future building and other setbacks required by the Spokane County Zoning Code shall be measured from the reserved future acquisition area. c. No required landscaping, parking, '208' areas, drainfield or allowed signs should be located within the future acquisition area for road right of way and utilities. If any of the above improvements are within the area, they shall be relocated at the applicant's expense when roadway improvements are made. d. The future acquisition area, until acquired, shall be private property and may be used as allowed in the zone, except that any improvements (such as landscaping, parking, surface drainage, drainfield, signs or others) shall be considered interim uses. e. The property owner shall be responsible for relocating such "interim" improvements at the time Spokane County makes roadway improvements, after acquiring said future acquisition area. 8. Building height in the project shall be limited to a maximum of two (2) stories and thirty- five (35) feet. 9. The applicant shall incorporate some residential features in the architectural design of the proposed buildings, such as facade, siding and/or roof style, to help the project blend in with nearby residences. HE Findings, Conclusions and Decision ZE-13-00 Page 15 10. The Division of Planning shall prepare and record with the Spokane County Auditor a Title Notice, noting that the property is subject to a variety of special conditions imposed as a result of the approval of a land use action. This Title Notice shall serve as public notice of the conditions of approval affecting the property in question. The Title Notice should be recorded within the same time frame as allowed for an appeal and shall only be released, in full or in part, by the Division of Planning. The Title Notice shall generally provide as follows: "The parcel of property legally described as [see file] is the subject of a land use action by the Spokane County Hearing Examiner on October 30, 2000, imposing a variety of special development conditions. File No. ZE-13-00 is available for inspection and copying in the Spokane County Division of Planning." SPOKANE COUNTY DIVISION OF BUILDING AND CODE ENFORCEMENT 1. The applicant shall contact the Division of Building and Code Enforcement at the earliest possible stage in order to be informed of code requirements administered or enforced under the State Building Code Act. Design/development concerns include addressing, fire apparatus access roads, fire hydrant flow, approved water systems, building accessibility, construction type, occupancy classification, existing exterior wall protection and energy code requirements. SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS Prior to issuance of a building permit, or at the request of the County Engineer in conjunction with a County Road Project/Road Improvement District, whichever comes first: 1. The applicant shall dedicate right of way on Broadway Avenue equaling 35 feet from centerline. 2. The applicant shall enter into a Developer Agreement with Spokane County that addresses off -site mitigation for the Sullivan Road/Interstate 90 Interchange, based upon traffic impacts from this proposal. 3. The applicant shall submit road, drainage and access plans for approval by the Spokane County Engineer. 4. The applicant shall submit, for approval by the Spokane County Engineer and the Spokane County Health District, a detailed combined on -site sewage system plan and surface water disposal plan for the entire project, or portion thereof if the development is phased. 5. A parking plan and traffic circulation plan shall be submitted for the approval of the Spokane 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 required for any portion of the project which is to be occupied or traveled by vehicles HE Findings, Conclusions and Decision ZE-13-00 Page 16 6. The construction of the roadway improvements stated herein shall be accomplished as approved by the Spokane County Engineer. 7. The County Engineer has designated a 5 Lane Principal Arterial Roadway Section for the improvement of Broadway Avenue, which is adjacent to the proposed development. This will require the addition of approximately 10-12 feet of asphalt along the frontage of the project. Curbing and sidewalk must also be constructed. 8. All required improvements shall conform to the current State of Washington Standard Specifications for Road and Bridge construction, and other applicable County standards and/or adopted resolutions pertaining to Road Standards and Stormwater Management in effect at the date of construction, unless otherwise approved by the County Engineer. 9. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane County Resolution No. 99-0265 as amended and are applicable to this proposal. 10. No construction work is to be performed 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 way is subject to inspection and approval by the County Engineer. 11. All required construction within the existing or proposed public right of way is to be completed prior to the release of a building permit, or a bond in an amount estimated by the County Engineer to cover the cost of construction or improvements shall be filed with the County Engineer. 12. The County Arterial Road plan identifies Broadway Avenue as a 100 foot Principal Arterial. The existing half right of way width of 20 feet is not consistent with that specified in the plan. In order to implement the Arterial Road Plan, a strip of property 5 feet in width along the Broadway Avenue frontage of the site be set aside in reserve, as required by County Division of Planning conditions of approval herein, in addition to the required right of way dedication. This property may be acquired by Spokane County at the time when Arterial Improvements are made to Broadway Avenue. 13. The applicant is advised that there may exist utilities either underground or overhead affecting the subject property, including property to be dedicated or set aside for future acquisition. Spokane County will assume no financial obligation for adjustments or relocation regarding these utilities. The applicant should check with the applicable utilities and Spokane County Engineer to determine whether the applicant or utility is responsible for adjustment or relocation costs and to make arrangements for any necessary work. 14. The applicant shall grant applicable border easements adjacent to Spokane County Right of Way, per Spokane County Standards. HE Findings, Conclusions and Decision ZE-13-00 Page 17 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 existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health. 4. A public sewer system shall be made available for the project and individual service will be provided to the lot. The use of individual on -site sewage disposal systems shall not be authorized. 5. The use of private wells and water systems is prohibited. SPOKANE COUNTY DIVISION OF UTILITIES 1. A wet (live) sewer connection to the area -wide public sewer system shall be constructed. A sewer connection permit is required. Commercial developments shall submit historical and/or estimated water usage prior to the issuance of the 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 include connection charges and general facilities charges. Charges may be substantial, depending on the nature of the development. 5. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY 1. All applicable air pollution regulations must be met. HE Findings, Conclusions and Decision ZE-13-00 Page 18 DATED this 30th day of October, 2000 SPOKANE COUNTY HEARING EXAMINER Michael C. Dempsey, WSBA #8235 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to Spokane County Resolution Nos. 96-0171 and 96-0632, the decision of the Hearing Examiner on an application for a zone reclassification and accompanying SEPA determination is final and conclusive unless within ten (10) calendar days from the Examiner's written decision, a party of record aggrieved by such decision files an appeal with the Board of County Commissioners of Spokane County, Washington. However, RCW 36.70B.110 (9) indicates that administrative appeals of county land use decisions and SEPA appeals shall be filed with the board of county commissioners within fourteen (14) calendar days of the date of the decision. This decision was mailed by certified mail to the Applicant, and to other parties of record by regular mail, on October 30, 2000. Depending on which appeal period referenced above legally applies, and counting to the next business day when the last day for appeal falls on a holiday or weekend, THE APPEAL CLOSING DATE IS EITHER NOVEMBER 9, 2000 or NOVEMBER 13, 2000. 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.m. and 5:00 p.m. Copies of the documents in the record will be made available at the cost set by Spokane County. HE Findings, Conclusions and Decision ZE-13-00 Page 19