ZE-142-77ZONE RECLASSIFICATION NO.* ;' ZE`=i42'A47
SPOKANE COUNTY
HEARING EXAMINER COMMITTEE
FINDINGS AND ORDER
A. INTRODUCTION
This matter having come before the Zoning Hearing Examiner Committee on
October 3, 1985, and the members of the Committee present being
F. Lynn Tennican, Chairperson, Jerry Williams and Ron Odell.
B. PROPOSAL
The sponsor, Valley Mall Associates, is requesting approval of a change of
conditions, File No. ZE-142A-77, to modify Condition of original approval
which required substantial development of the subject property by
October 1, 1985. The applicant is requesting a six (6) year extension of
time (to October 1, 1991) to allow the economy to support a regional
shopping center. No other conditions relative to the site plan and land
use are anticipated for change.
C. FINDINGS OF FACT
1. That the existing land use in the area is residential, commercial,
churches, fire station, and undeveloped.
2. That the Comprehensive Plan designates this area as appropriate for
Major Commercial and Suburban development.
3. That the existing zoning of the property described in the application
is Commercial.
4. That the provisions of RCW 43.21C (The State Environmental Policy
Act) have been complied with, and an Environmental Impact Statement
was prepared for the proposed Shopping Center which addressed the
potential impacts upon the area dealing with land use; change in
character and compatibility, buffering, economics, alternative uses,
increased traffic and accident potential, circulation patterns,
noises, new light sources and aesthetics, access to the Freeway, air
emissions, water and sewerage concerns, and inducement for more
intensive land uses on adjacent properties.
5. That the proper legal requirements for advertisement of the Agenda
Item have been fulfilled.
ZONE CHANGE OF CONDITIONS NO. 142A-77
C. FINDINGS OF FACT (continued)
6. That the owners of adjacent lands expressed neither approval nor
disapproval of the proposed use.
7. The Hearing Examiner Committee finds the proposed use to be in
harmony with the general purpose and will not be otherwise
detrimental to the public health, safety, and welfare.
8. The following are additional findings of fact considered by the
Hearing Examiner Committee:
a) The request for a time extension is consistent with the original
Regional Shopping Center concept.
2
ZONE CHANGE OF CONDITIONS NO. ZE-142A-77
D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL
(All Conditions imposed by the Zoning Hearing Examiner Committee shall be
binding on the "Applicant", which term shall include the owner or owners
of the property, heirs, assigns, and successors.)
a) COUNTY PLANNING DEPARTMENT
1. That a public hearing before the Hearing Examiner Committee
shall be required to review detailed site development plan(s) as
well as a SEPA Determination made by the Planning Department
prior to application for any building permits on the subject
property.
2. That at the public hearing required in #1 above, the Hearing
Examiner Committee may modify, delete or add to the existing
conditions as contained within the Board of County
Commissioners' Findings and Order dated July 16, 1979, and those
mitigating measures as identified within the Environmental
Impact Statement prepared for this proposal except as may be
modified by the Board of County Commissioners' Findings and
Order dated July 16, 1979.
3. That if approval is granted, the conditions of the original
approval shall apply to this extension of time.
4. That in the event a detailed site development plan and SEPA
Determination has not been submitted for review by the Hearing
Examiner Committee at a public hearing by October 1, 1991, then
and in that event a hearing shall be held by the Hearing
Examiner Committee to consider either a time extension or
changing the zone classification back to Agricultural.
5. That prior to the public hearing before the Hearing Examiner
Committee for review of said site development plan(s) and SEPA
Determination, the applicant shall provide a legal description
prepared by a licensed surveyor.
6. That the following are conditions that may be added to the
proposal by the Hearing Examiner Committee at the above -stated
public hearing and now serve as information to the applicant.
3
ZONE CHANGE OF CONDITIONS N0. ZE-142A-77
b) COUNTY ENGINEERING DEPARTMENT
Revised Conditions Nos. 14, 15, 16 and 17:
14. Right of Way and Roadway Improvements.
A. Sullivan Road from Broadway to Sprague Avenue.
1. It is agreed that an additional fifth lane (two-way
left -turn lane) shall be required prior to the time that
500,000 square feet of buildings are completed on the
project site. Spokane County will proceed with the
construction of a five -lane roadway from Sprague to
Broadway including acquisition of additional right of way
required for the fifth lane. Spokane County shall fund the
entire cost thereof, subject to reimbursement by the
developer as hereinafter specified.
2. The Developer shall reimburse Spokane County for the cost
of the additional right of way required and likewise shall
reimburse Spokane County for the cost of constructing the
additional width required to provide the fifth lane
operation.
3. The Developer shall reimburse the County for the
above -described costs when said road improvements are
completed.
B. Sullivan Road from Broadway Avenue to State of Washington's
South right of way line of SR 90.
1. It is agreed that two additional 12-foot wide traffic lanes
and an additional left turn lane on the approach to
Broadway shall be required prior to the time that 500,000
square feet of buildings are completed on the project
site. Transition.in.width may be required south of
Broadway Avenue.
2. Spokane County will proceed with the construction of the
widened roadway from SR 90 to Broadway Avenue including any
transition in width required south of Broadway Avenue and
also including acquisition of additional right of way
required for widening the roadway. Spokane County shall
fund the entire cost thereof subject to reimbursement by
the Developer as hereinafter specified.
3. The Developer shall reimburse the County for the
acquisition costs of the right of way required for said
additional lanes.
4. The Developer shall reimburse the County for the cost of
construction of the additional traffic lanes.
5. The Developer shall reimburse the County for the
above -described costs when said road improvements are
completed.
4
ZONE CHANGE OF CONDITIONS N0: ZE-142A-77
b) COUNTY ENGINEERING DEPARTMENT (continued)
C. Broadway Avenue East of Sullivan to the East PropertyLineof
the Project.
1. It is agreed that two additional 12-foot wide traffic lanes
and a left -turn lane on the approach to Sullivan Road and
with a dual left -turn lane at the principal entrance to the
project shall be required prior to the time that 500,000
square feet of buildings are completed on the project site.
2. Spokane County will proceed with the construction of the
widened roadway from Sullivan Road to the east property
line of the project including the transition of width east
of the east property line and also including acquisition of
additional right of way required for widening the roadway.
Spokane County shall fund the entire cost thereof, subject
to reimbursement by the Developer as hereinafter
specified.
3. The Developer shall reimburse the County for the
acquisition costs of the right of way required for said
additional lanes.
4. The Developer shall reimburse the County for the cost of
construction of the additional traffic lanes.
5. The Developer shall reimburse the County for the
above -described costs when said road improvements are
completed.
6. Roadway improvements to Broadway shall include curbs and
sidewalks on both the north and south sides of the street,
and channelization at the Sullivan Road intersection and
the major entrance to the Mall.
7. The Developer shall reimburse the County for the cost of
acquiring ten feet of right of way on each side of Conklin
Road tapering from Broadway Avenue south for one hundred
fifty feet (150') to a point of zero width and for the
necessary reconstruction of Conklin at the Broadway Avenue
intersection.
8. Special traffic flow channelization shall be designated at
both Moore and Conklin Road to prohibit direct access of
the Valley Mall traffic into the residential areas. The
Broadway improvement shall extend from Sullivan Road east
through the Valley Mall development with required tapers.
An additional friction lane may be required by the County
from two hundred feet (200') east of Sullivan Road to
Sullivan Road.
5
ZONE CHANGE OF CONDITIONS NO. ZE-142A-77
b) COUNTY ENGINEERING DEPARTMENT (continued)
15. Traffic Signals - The Developer's share of the cost of
improvement or constructing traffic signals at the following
intersections will be computed upon the percent of traffic
generated by the Valley Mall or as otherwise noted:
Sullivan and Sprague
Sullivan and Mission
Broadway and Flora
Sullivan and Broadway
Broadway and the major Valley Mall entrance
(the total cost by the developer)
16. Future Participation. Traffic generated by the Valley Mall may
necessitate the widening of Broadway Avenue from the Valley Mall
development east to Flora Road and Flora Road from Broadway
south to Sprague. The full impact of the Valley Mall cannot be
determined at this time. However, the Developer should be
prepared for future participation and sharing of construction
costs, as determined by the County Engineer, for these two roads
if traffic projections fromn future phases of the project
warrant said improvements.
17. There shall be no direct vehicular access from this proposal
onto Sullivan Road nor onto Broadway Avenue except at the
intersection of the circular access road as shown on the
development plan submitted with this application and approved by
the County Engineer, or as approved by the County.
c) COUNTY UTILITIES DEPARTMENT
1. Pursuant to Board of County Commissioners'. Resolution No.
80-0418, the use of interim on -site sewer disposal systems is
hereby authorized. This authorization is conditioned on
compliance with all rules and regulations of the Spokane County
Health District and is further conditioned and subject to
specific application approval and issuance of permits by the
Health District.
2. The owner(s) or Successor(s) in interest agree to authorize the
County to place their name(s) on a petition for the formation of
a ULID by petition method pursuant to RCW 36.94 which the
petition includes the Owner(s) property and further not to
object by the signing of a protest petition against the
formation of a ULID by resolution method pursuant to RCW Chapter
36.94 which includes the Owner(s) property. PROVIDED, this
condition shall not prohibit the Owner(s) or Successor(s) from
objection to any assessment(s) on the property as a result of
improvements called for in conjunction with the formation of a
ULID by either petition or resolution method under RCW Chapter
36.94.
6
ZONE CHANGE OF CONDITIONS NO. ZE-142A-77
c) COUNTY UTILITIES DEPARTMENT (continued)
3. Any water service for this project shall be provided in
accordance with the Coordinated Water System Planfor Spokane
County, as amended.
4. Connection to the Valley sewer system is to be made when it is
available.
d) COUNTY HEALTH DISTRICT
1. We request a change of conditions (of approval) if this project
is granted its request. Specifically, that the project be
connected to a public sewer, and that on -site sewage disposal
system(s) not be allowed. We cite section 1.04.090-(3) of
Spokane County Rules and regulations for Sewage Disposal
Systems:
"If the distance between the premises to be served and an
adequate public sewer is greater than 200', and if the
anticipated sewage flow is greater than 1,000 gallons per day,
connection shall be made thereto if the Health Officer
determines that a connection is feasible and such connection is
permitted by the sewer utility owner/operator or sewer
district."
e) COUNTY BUILDING AND SAFETY DEPARTMENT
1. The site is located in Fire District # 1.
2. Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible
and legible from the street or road fronting the property. Said
numbers shall contrast with their background.
3. Due to the sensitive storage requirements over the Aquifer, and
this site lies within the Waste Water Management area, we feel
that some language should address the possible storage of
flammable or critical materials within these structures.
4. Trash enclosures shall not be located adjacent to combustible
construction or underneath windows or nonprotected eaves.
5. Building permits will be required for each structure.
7
ZONE CHANGE OF CONDITIONS NO. ZE-142A-77
e) COUNTY BUILDING AND SAFETY DEPARTMENT (continued)
6. Fire hydrants which meet the fire flow are required to be
installed prior to any construction. These hydrants shall be
placed so that no portion of the building exterior is more than
175 feet from the hydrant. The bottom of the lowest outlet of
the hydrant shall be no less than 18 inches above grade. A
water plan showing each fire hydrant (specifying the gallons per
minute for each fire hydrant) and meeting the requirements in
Chapter 10.04 of the Uniform Fire Code is required prior to
construction of the water service. All required fire protection
facilities shall be installed and made serviceable prior to and
during the time of construction.
f) COUNTY AIR POLLUTION CONTROL AUTHORITY
(NO COMMENTS HAVE BEEN RECEIVED.)
E. ORDER
The Hearing Examiner Committee, pursuant to the aforementioned, finds that
the application•of Valley Mall Associates, for a change of conditions as
described in the application should be APPROVED for an Extension of Time
for a six (6) year period to OCTOBER 1, 1991.
Motion by: Odell Seconded by: Williams
Vote:
Odell - Aye
Williams - Aye
Tennican - Aye
Unanimous to APPROVE the Extension of Time for a six (6)
year period to OCTOBER 1, 1991 - (3 - 0)
8
ZONE CHANGE OF CONDITIONS NO. ZE-142A-77
E. ORDER (continued)
ATTEST:
For WALLIS D. HUBBARD
Planning Director
7i •i /d1J w
By STEVE P. "OR'BIOWSK
Zoning Administrator
Date: Dci 3, /9F15
HEARING EXAMINER COMMITTEE
HEREBY ATTEST TO THE ABOVE
FINDINGS, ORDER, AND VOTE
9
ZONE CHANGE OF CONDITIONS NO
b) COUNTY ENGINEERING DEPARTMENT
Revised Conditions Nos. 14, 15, 16 and 17:
14. Right of Way and Roadway Improvements.
A. Sullivan Road from Broadway to Sprague Avenue.
1. It is agreed that an additional fifth lane (two-way
left -turn lane) shall be required prior to the time that
500,000 square feet of buildings are completed on the
project site. Spokane County will proceed with the
construction of a five -lane roadway from Sprague to
Broadway including acquisition of additional right of way
required for the fifth lane. Spokane County shall fund the
entire cost thereof, subject to reimbursement by the
developer as hereinafter specified.
2. The Developer shall reimburse Spokane County for the cost
of the additional right of way required and likewise shall
reimburse Spokane County for the cost of constructing the
additional width required to provide the fifth lane
operation.
3. The Developer shall reimburse the County for the
above -described costs when said road improvements are
completed.
B. Sullivan Road from Broadway Avenue to State of Washington's
South 'right of way line of SR 90.
1. It is agreed that two additional 12-foot wide traffic lanes
'and an additional left turn lane on the approach to
Broadway shall be required prior to the time that 500,000
square feet of buildings are completed on the project
site. Transition in width may be required south of
Broadway Avenue.
2. Spokane County will proceed with the construction of the
widened roadway. from SR 90 to Broadway Avenue including any
transition in width required south of Broadway Avenue and
also including acquisition of additional right of way
required for widening the roadway. Spokane County shall
fund the entire cost thereof subject to reimbursement by
the Developer as hereinafter specified.
3. The Developer shall reimburse the County for the
acquisition costs of the right of way required for said
additional lanes.
4. The Developer shall reimburse the County for the cost of
construction of the additional traffic lanes.
5. The Developer shall reimburse the County for the
above -described costs when said road improvements are
completed.
39
ZONE CHANGE OF CONDITIONS N0. ZE-142A-77
b) COUNTY ENGINEERING DEPARTMENT (continued)
C. Broadway Avenue East of Sullivan to the East Property Line of
the Project.
1. It is agreed that two additional 12-foot wide traffic lanes
and a left -turn lane on the approach to Sullivan Road and
with a dual left -turn lane at the principal entrance to the
project shall be required prior to the time that 500,000
square feet of buildings are completed on the project site.
2. Spokane County will proceed with the construction of the
widened roadway from Sullivan Road to the east property
line of the project including the transition of width east
of the east property line and also including acquisition of
additional right of way required for widening the roadway.
Spokane County shall fund the entire cost thereof, subject
to reimbursement by the Developer as hereinafter
specified.
t.,.,...
3. The Developer shall reimburse the County for the
acquisition costs of the right of way required for said.
additional lanes.
4. The Developer shall reimburse the County for the cost of
construction of the additional traffic lanes.
5. The Developer shall reimburse the County for the
above -described costs when said road improvements are
.completed.
6. Roadway improvements to Broadway shall include curbs and 1
sidewalks on both the north and south sides of the street, V
and channelization at the Sullivan Road intersectionand
the major entrance to the Mall.
7. The Developer shall reimburse the County for the cost of
acquiring ten feet of right of way oneach side of Conklin
Road tapering from Broadway Avenue south for one hundred
tffty feet (150') to a point of zero width and for the
necessary reconstruction of Conklin at the Broadway Avenue
intersection.
8. Special traffic flow channelization shall be designated at
both Moore and Conklin Road to prohibit direct access of
the Valley Mall traffic into the residential areas. The
Broadway improvement shall extend from Sullivan Road east
through the Valley Mall development with required tapers.
An additional friction lane may be required by the County
from two hundred feet (200') east of Sullivan Road to
Sullivan Road.
ZONE CHANGE OF CONDITIONS NO. ZE-142A-77
b) COUNTY ENGINEERING DEPARTMENT (continued)
15. Traffic Signals - The Developer's share of the cost of
improvement or constructing traffic signals at the following
intersections will be computed upon the percent of traffic
generated by the Valley Mall or as otherwise noted:
Sullivan and Sprague
Sullivan and Mission
Broadway and Flora
Sullivan and Broadway
Broadway and the major Valley Mall entrance
(the total cost by the developer)
16. Future Participation. Traffic generated by the Valley Mall may
necessitate the widening of Broadway Avenue from the Valley Mall
development east to Flora Road and Flora Road from Broadway
south to Sprague. The full impact of the Valley Mall cannot be
determined at this time. However, the Developer should be
prepared for future participation and sharing of construction
costs, as determined by the County Engineer, for these two roads
if traffic projections fromn future phases of the project
warrant said improvements.
17. There shall be no direct vehicular access from this proposal
onto Sullivan Road nor onto Broadway Avenue except at the
intersection of the circular access road as shown on the
development plan submitted with this application and approved by
the County Engineer, or as approved by the County.
c) COUNTY UTILITIES DEPARTMENT
1. Pursuant to Board of County Commissioners' Resolution No.
80-0418, the use of interim on -site sewer disposal systems is
hereby authorized. This authorization is conditioned on
compliance with all rules and regulations of the Spokane County
Health District and is further conditioned and subject to
specific application approval and issuance of permits by the
Health District.
2. The owner(s)• or Successor(s) in interest agree to authorize the
County to place their name(s) on a petition for the formation of
a ULID by petition method pursuant to RCW 36.94 which the
petition includes the Owner(s) property and further not to
object by the signing of a protest petition against the
formation of a ULID by resolution method pursuant to RCW Chapter
36.94 which includes the Owner(s) property. PROVIDED, this
condition shall not prohibit the Owner(s) or Successor(s) from
objection to any assessment(s) on the property as a result of
improvements called for in conjunction with the formation of a
ULID by either petition or resolution method under RCW Chapter
36.94.
7/
•
BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTc
FINDINGS AND ORDER• REGARDING:
ZiEt412:77, IGRICULTURAL TO COMMERCIAL, Known as Valley Mall
WHEREAS, The Spokane County Planning Commission did, after
public hearing on September 22, 1978, forward to the Board of County
Commissioners a recommendation that the Zoning Map (be) changed from the
existing Agricultural classification to the Commercial classification on property
described as follows:
Section 13, Township 25N, Range 44, E.W.M.
PARCEL A: That part of the SW% of the NW' of Section 13 described as
follows: Beginning at a point 20 feet N and 30 feet E of the W; corner of
said Section 13, which is the true POB; thence N along the E side of County
road 649.32'; ; of said Section 13; thence S 89°37'E 504.3'; thence S 649.32';
thence S 89°51'W along the N line of County road 530.3' more or less to the
POB.
PARCEL B: Beginning at a point 20 feet N and 30 feet E of the W' corner
of Section 13-25-44; thence 5 •89°51'E along the N line of County road 540.3'
to the true POB; thence N 1,305.25' to a point; thence 5 89°57'E 519.36' to a
point; thence S 0°3'4'W 1,306,12' to a point on the N line of County road;
thence N 89°51'W along said N line of County road 518.08' to the POB.
PARCEL C: Part of the S' of the NW1/4 of Section 13-25-44 described as
follows: Beginning 20 feet N and 30 feet E of the W'4 corner of said section;
thence S 89°51'E along the N line of Broadway Road No. 443 for 1,058.38' to
the true POB; thence N 0°031/2'E 1,306.12' to the N line of the 51 of We N1 of
said section; thence S 89°57'E along the N line 519.36'; thence S 0°07'W
1,306.99' to the N line of said road; thence N 89°51'W along the N line 518.63'
to the true POB; excepting that part of the r/w of PSH No. 2. ALSO, that
portion of the 51 of the N1/2 of Section 13-25-44 lying Sly of the Sly line of
PSH No. 2, described as follows:
PARCEL D: Beginning at a point 20 feet N and 30 feet E of the W'g corner
of said Section 13, and running thence S 89°51'E, along the N line of
Broadway Avenue 2,612.62' to the true POB of the tract of land herein
described; thence N 0°14'E. 1,308.73'; thence 5 89°51'E 519.36'; thence 5
0°17!'W 1,309.60' to a point on the N line of said Broadway Avenue; thence N
89°51'W along said Broadway Avenue 518.08' to the POB; except the r/w
conveyed to Spokane Valley Irrigation Co.; and except the E 200' thereof
conveyed to Highway Chapel, Inc.
PARCEL E: Beginning at a point 20 feet N and 30 feet E of the W/ corner
of said Section 13 and running thence S 89°51'E, along the N line of
Broadway Avenue, 1,576.46 feet to the true POB of the tract of land herein
described; thence N 0°07'E 1,306.99' to the N line of the S'f of the N1 of said
Section 13; thence S 89°57'E 1,038.72'; thence 5 0°14'w, 1,308.73' to the N
line of said Broadway Avenue; thence N 89°51'W, along said Broadway Avenue
1, 6.16' to the POB; except r/w conveyed to Spokane Valley Irrigation
Company.
and,
WHEREAS, Dorothy Riegel, North 704 Conklin, did by letter dated
October 4, 1978, request a hearing before the Board of County Commissioners
to present evidence and testimony, and
WHEREAS, the Board of County Commissioners did hold a public
hearing on November 20, 1978, to consider the recommendations of the
Planning Commission and testimony and evidence of the applicant and other
interested parties, and
WHEREAS, at said hearing opportunity was afforded those favoring
and those opposing the above described Zoning. Map proposal, and the -Board
of County Commissioners of Spokane County having fully considered the
testimony given, the records and minutes of the Planning Commission and all
other evidence presented and having personally acquainted themselves with
the site and vicinity in question, does hereby find:
ZE-142-77 -2
That the appeal request be denied and that the decision of the Planning
Commission be upheld in part. In their deliberation, the Board con-
cluded that a regional shopping mall would be an appropriate use for
this site, however, the proposed convenience center and garden offices
be denied without prejudice. The applicant may resubmit plans for
expansion of businesses to the Hearing Examiner Committee one year
after the completion of the mall.
THEREFORE; Findings and Order for this action are as follows:
Findings - Public Safety and Welfare
The Board of County Commissioners has the responsibility of determining that
the approval of the mall will not be unduly detrimental to the surrounding
properties. By concluding that the mall will not be unduly detrimental to the
surrounding properties, the Board ' based their determination on the
documentation and testimony presented at the Appeal Hearing. The Board
hereby finds the following:
1) That those issues raised relative to the elements of the environment at
the Appeal Hearing can be effectively mitigated through the attachment
and enforcement of conditions.
2) That the proposed use is in harmony with the general purpose of
guiding and regulating the physical development of the County and will
not be otherwise detrimental to the public health, safety, and welfare.
3) In upholding the Planning Commission's decision in approval, the Board
considered those mitigating factors identified in the final EIS.
The following mitigating measures are being attached and made a condition of
approval:
1) During the construction phase of the project, work hours shall be
confined to the period from 7:00 a.m. to 9:00 p.m. which conforms to
provisions of Chapter 173-60 WAC for noise control.
2) Construction vehicles shall use the Sullivan Road access to the site and
avoid the use of Broadway west of Sullivan Road in order to prevent
adverse effects on Progress School.
3) Mechanical systems such as heating, sewage facilities and air conditioning
units shall be designed to abate noise by utilizing sound and sight
baffles.
4) Other than as may be permitted for . illuminated signs, "down lighting"
shall be installed so that no lighting within the' mall property extends
beyond the site. Footpath illuminations shall be installed along
pedestrian ways.
5) An area for commuter parking shall be incorporated into the mall
including an area designated for bus loading and. unloading.
6) Facilities for bicycle usage shall be developed including areas where
bicycles can be secured.
._7) Prior to the issuance of building permits, the applicant shall submit to
the Planning Department, plans for pedestrian and bicycle lanes and
crossovers.
8) Those energy conservation measures identified in the EIS on page 92
shall be incorporated to improve the energy efficiency of the mall.
Findings - Locational Criteria
The Board of County Commissioners considered the site location as an integral
part in reaching their decision. The Board hereby finds the following:
1) The site is located adjacent to an interstate freeway and adjacent to two
highly traveled arterials thereby limiting the prospective residential use
of the property.
ZE-142-77 -3
-2) The site has a high degree of visual exposure.
'3) The site was selected by the applicant based on market analysis as
reported in the EIS.
4) Site size of 70 acres is between the recommended size of 35 acres to 80
acres. (Over 80 acres the site becomes unmanagable for pedestrian
distances).
High accessibility by auto or transit to the center is a prime essential
for site selection.
6) Testimony was presented that a regional shopping center at this location
can effectively serve a viable trade area without infringing upon other
established shopping centers.
While there is no universally accepted formula for evaluating site location
on a basis of competition, major department stores generally prefer to
locate branch stores several miles apart, as evidenced by the precedents
set in the Spokane area.
8) The site is near a populated area and in an area that is growing
rapidly. Spokane County population forecast by SMATS is 334,000 for
1985, 352,000 for 1990, and 386,000 for the year 2,000. In addition a
report entitled, "Design Population Update for Spokane County
Comprehensive Plan - November, 1978" has a design population for the
Spokane Metropolitan area of 70,000 people by the year 2,000.
9) The site as a regional center should be and is located near freeway
off -ramps.
10) The site is a continuous parcel and is not separated by any roads,
streets, or other physical barriers.
11) The Board noted the following favorable site conditions:
a)
b)
c)
d)
Accessibility
Continuous parcel (one-piece)
Sufficient site area for expansion and buffering
No grading problems
Close to expanding residential areas
Findings - Economic Criteria
In their deliberation, the Board evaluated the economic viability of a regional
center for this location. The following criteria were considered:
1) The EIS presented a favorable market and economic study. This study
is important ingredient in attracting and securing department stores.
-"2) Department stores with consumer acceptance will be the key to insure
the center's economic vitality. The applicant has designed the mall to
include four department stores.
3) The Board hereby finds that a regional mall will not unduly affect
Spokane's Central Business District if the city can continue to provide
public conveniences such as:
a) Freedom from congestion.
b) Ample off-street parking facilities.
c) Convenient access.
d) Efficient mass transit.
e) Attractive, modern buildings.
f) Easy circulation.
g) Cultural attractions
h) Providing public amenities - parks, sky -walks, pedestrian malls,
etc.
i) Diversity of businesses
1>
ZE-142-77 -4
4) The Board further notes that this proposal is considered an expansion to
the suburbs and not a decentralization of the central city. The Board
feels that the real and viable resources of downtown Spokane are:
1) The masses of people such as shoppers, office workers, and
tourists.
2) Offices, banks, etc.
3) Public services
4) Government
5) Cultural resources
5) The Board is of the opinion that there may be a slight impact on
existing shopping centers. However, these centers will need to be
strengthened by providing new businesses, parking facilities, and other
public convenience amenities.
6) The Board also concluded that convenience stores (supermarkets, drugs,
etc. ) should be located in smaller community centers serving a
neighborhood. These centers will continue to grow economically. It is
noted that convenience stores generally prefer to locate near a shopping
center or in other smaller centers. Convenience stores or other
businesses may be considered by the Hearing .Examiner Committee one
year after the completion of the mall.
i/7) The Board is of the opinion that the location of Valley Mall may assist in
making mass transit more viable not only for shoppers, but for commuter
traffic to downtown Spokane. Both Valley Mall and downtown Spokane
will complement mass transit purposes.
Findings - Design Criteria
The Board is of the opinion that the design of this development will provide a
pleasant
noted:
shopping environment. The following design considerations are
1) The proposal contains a continuous peripheral roadway around the entire
site.
2) Efficient parking configuration.
3) Clustering of stores in a mall -like setting.
4) Providing shoppers' comfort and climate control.
5) Other design considerations noted are:
a) Freedom from congestion
b) Ample off-street parking
c) Conventient access
d) Efficient mass transit
e) Attractive modern buildings
f) Easy circulation
g) Cultural amenities
h) Convenient access between businesses within the mall
6) This proposal offers a clustering of stores which will enhance customers'
convenience. Unlike many of the existing shopping centers which are
simply "strip centers" i.e., a connection of stores with front door
parking and where pedestrian access is, for the most part, from the
outside.
7) The size of the mall appears to be adequately planned. The size is not
too large which would result. in adverse public conveniences. The floor
space of each store and design is important - a large single story
department store may experience problems of internal circulation and
inconvenience.
8) The parking has been designed to eliminate hazardous conflicts with
pedestrians walking from parking spaces to stores and vice versa.
ZE-142-77 -5
ORDER - CONDITIONS FOR APPROVAL - VALLEY MALL
1) The developer shall comply with all of the rules and regulations of the
Spokane County Health District and other pertinent local and state
regulatory agencies of jurisdiction as they exist at the time of
construction. All necessary Health District permits shall be obtained
prior to issuance of building permits. Sewage collection and disposal
facilities shall be designed so as to facilitate interception to a general
sewer system and must be approved by the County Utilities Department.
2) Any sewage treatment facilities shall be located at least 500' from
existing residences along Broadway Avenue to the south of the subject
property. Fencing, screening, and landscaping of such facilities may be
required by the Planning Department after submission of development
plans. The sewage treatment facilities must be maintained and operated
by an operator certified by the State.
3) Fire mains and hydrants shall be installed in accordance with Spokane
County Fire Marshal's requirements. Approval of all other fire plans by
the Fire Marshal shall be obtained prior to the issuance by any building
permits.
4) The sponsor shall develop the property generally in accordance with the
concept presented to the Spokane County Planning Commission. Minor
variations, when approved by the Zoning Administrator after coordination
with other regulatory agencies, will be permitted including, but not
limited to the following changes: building location; building materials;
building sizes; area coverage; landscape plans; and general allowable
uses of the permitted zone. All variations must conform to regulations
set forth in the Spokane County Zoning Ordinance. The original •intent
of developing a regional shopping mall shall be maintained.
5) In the event substantial development (the construction of the mall) of
the subject property in accordance with the development plan has not
commenced by October 1, 1985, then and in that event a hearing will be
held by the Hearing Examiner Committee to consider either a time
extension or changing the zone classification back to Agricultural.
6) If regulations emanating from the Spokane '208' Water Quality Management
Program are in effect at the time of building permit submission, the
developer shall comply with all such rules, regulations or guidelines for
the protection of the aquifer. Valley Mali development plans shall
incorporate '208' Program recommendation concepts subject to review
approval by the Planning Director. Any operations within the site which
proposes to store, use, handle or dispose of "critical substances" as
defined by the '208' Program shall be subject to review and approval by
the County Planning Director.
6A) A surface water runoff management plan shall be prepared by the
Developer meeting the approval of the County Engineer. The plan shall
maximize disposal of runoff waters through grassed percolation area and
minimize collection to dry well disposal. The landscaping plan herein
after required shall incorporate such drainage disposal concepts.
7) Interior driveways and parking areas shall be paved.
8) The landscape and berming plan shall show specific detail, including.
ground cover and shrubs and be accompanied by performance bond in an
amount to be approved by the Spokane County Zoning Administrator
prior to the issuance of building permits. The bond shall guarantee the
maintenance of the landscaping for a period of two years after completion
of the landscaping. Installations of an automatic sprinklers system will
be required.
9) Berming and landscaping shall be erected commensurate with the phased
construction on the subject property As construction commences on the
project, an eight (8) foot undulating berm along Broadway shall progress
therewith so that berming will be in place a distance east on Broadway
100 feet beyond the easterly boundary of the ongoing phase.
ZE-142-77 -6
9A) Where needed barriers shall be erected along property lines to contain
blowing debris caused by prevailing winds. The location and type of
materials shall be approved by the Zoning Administrator prior to the
issuance of building permits.
10) The owners and tenants of the 'property shall form an association to
insure maintenance and up -keep of the following:
a. All on -site facilities including but not limited to: landscaping;
sewage disposal; lighting; snow removal; debris removal; parking
area maintenance including 'striping and lane markers; and other
required facility and/or mechanical equipment.
11) RIGHT-OF-WAY - Offsite right -of; way required for roadway improvements
shall be acquired by the County at the expense of the Developer. The
off -site right-of-way shall include, the following:
a) Along the east side of Sullivan Road from the north property line of
the Valley Mall north to I-901, and from Broadway south a distance of
330 feet.
b) Along the south side of Broadway from Sullivan Road east to the
east property line of the Valley Mall.
c) Fourteen additional feet for left turn facilities will be required for
Sullivan Road from Broadway to Sprague Avenue.
d) Ten (10) feet of right-of-way on both sides of Conklin Road from
Broadway Avenue south for 150 feet.
e) On -site right-of-ways for the construction of required roadway
improvements shall be provided by the developer at no expense to
Spokane County.
The on -site right-of-way shall include the following:
1) Along the east side of Sullivan Road from Broadway Avenue to
the north property line of the Valley Mall.
2) Along the north side of Broadway Avenue from Sullivan Road to
the east property line of the Valley Mall.
12) ROADWAY IMPROVEMENTS - Consistent with the Environmental Impact
Statement analysis and with approved phasing of the development,
the Developer will provide an adequate traffic analysis with each
phase to determine the related specific traffic impacts on the existing
transportation system, and will provide prior to the issuance of
building permits for each phase adequate assurances to the County
Engineer that these impacts, ',if any, will in fact be mitigated.
Neither the State nor the County have existing plans or budgets to
presently commit to making the highway and road improvements
required to adequately service the proposal at full development, but
will actively investigate and pursue all possible sources of funding
so that advance planning and budgeting of funds for future needed
improvements can be made on a timely basis.
On State highway related improvements, the State may require the
County to participate in the cost of the improvements on a basis of
traffic volume.
In the event future public agency funds are not available to
construct improvements needed to mitigate traffic impacts created by
particular phases of the project, the Sponsor must provide adequate
assurances to guarantee the implementation of the needed improve-
ments or delay the development of the particular phases in question
until either private or public funds do become available to construct
the needed improvements.
ZE-142-77 -7
Spokane County's proposedproject on Sullivan Road from 1-90 South
to Broadway Avenue will complete the widening to four lanes plus
left turn facilities with channelized left turns at Mission and at
Broadway. A new traffic signal system will be installed at the
Broadway intersection. This proposed project will provide sufficient
additional capacity on Sullivan Road and at the Sullivan -Broadway
intersection to adequately handle the initial phase development of the
proposed Valley Mall.
The Developer shall be required to work with the County Engineer's
Office to develop a major irigress and egress entrance on Sullivan
Road in the vicinity of Mission Avenue.
Improvement of Broadway Avenue to a four lane facility with
channelized left turns, from the Broadway and Sullivan intersection
to the major Broadway Avenue entrance of the development shall be
the responsibility of the Developer and shall be accomplished in
connection with the development of the initial phase of the proposed
project, and coordinated and constructed in conjunction with the
County's proposed project,
Complete roadway improvements required due to development of the
second phase of the proposed project will be the responsibility of the ,
Developer at no expense to Spokane County and will include:
a) Sullivan Road from 1-90 to Sprague Avenue. From 1-90 to a
point 330 feet south. of Broadway, the Developer shall
reconstruct from four lanes plus channelized left turn lanes at
Mission and at Broadway to six lanes plus a double left turn
lane. Possible friction lane on the East side of Sullivan Road
from Broadway Avenue north through the Valley Mall
development. Also provide a two-way left turn lane from
Broadway South to Sprague Avenue.
b) Broadway Avenue - Widen to four lanes with either channelized
left turn lanes or two way left turn lane as directed by the
County Engineer, from Sullivan Road east to the east property
line of Valley Mall. Special traffic flow channelization shall be
designated at both Moore and Conklin Road to prohibit direct
access of the Valley Mall traffic into .the residential areas. The
roadway improvements shall extend from Sullivan Road east
through the Valley Mall development with required tapers. An
additional friction lane may be required from the main entrance
west to Sullivan Road.
c) Roadway improvements to Broadway shall include curbs and
sidewalks on both the 'north and south sides of the street.
13) TRAFFIC SIGNALS - The Developer's cost of improving or constructing
traffic signals at the following intersections will be computed upon the
projected percent of traffic generated by the Valley Mall or as otherwise
noted:
Sullivan and Sprague
Sullivan and Mission
Sprague and Flora
Broadway and Flora
Sullivan and Broadway
The total cost of expansion and reconstruction due to Phase
Two road widening shall be at the Developer's •expense.
Broadway and the major Valley Mall Entrance
Total cost by the Developer
14) FUTURE PARTICIPATION - Traffic generated by the Valley Mall may
necessitate the widening of Broadway Avenue from the Valley Mall
development East to Flora Road, Flora Road from Broadway south to
Sprague and Sullivan from 330 feet South of Broadway, South to Sprague
Avenue. The full impact of the Valley Mall cannot be determined at this
time. However, the Developer should be prepared for future participation
and sharing of construction costs, as determined by the County Engineer,
for these two roads if traffic projections from future phases of the project
warrant said improvements.
ZE-142-77 -8
15) There shall be no direct vehicular access from this proposal onto Sullivan
Road nor onto Broadway Avenue except at the intersection of the circular
access road as shown on the Development Plan submitted with this
application and approved by the County Engineer.
16) The development shall be served by Vera Water and Power District.
There shall be no private wells located on the site without the written
authority of the purveyor.
17) No building permits shall be issued until all water quality and wastewater
discharge permits are obtained.
DATED THIS DAY OF , 1979.
ATTEST:
VERNON W. OHLAND
Clerk of Board
BY:
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
i
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BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, 'WASHINGTON
FINDINGS AND ORDER REGARDING:
ZE-142-77, AGRICULTURAL TO COMMERCIAL, Known as Valley Mall
WHEREAS, The Spokane County Planning Commission did,
after public hearing on September 22 and 28, 1978, forward to
the Board of County Commissioners a recommendation that the
Zoning Map (be) changed from the existing Agricultural
classification to the Commercial classification on property
described as follows:
Section, 13, Township 25N, Range 44, E.W.M.
PARCEL A: That part of the SW 1/4 of Section 13 described as
follows: Beginning at a point 20 feet N and 30 feet E of
the W 1/4 corner of said Section 13, which is the true POB;
thence N along the E side of County road 649.32'; 1/4 of said
Section 13; thence S 89°37' E 504.3'; thence S 649.32'; thence
S 89°51' W along the N line of County road 530.3' more or less
to the POB.
PARCEL B: Beginning at a point 20 feet i1 and 30 feet E of the
W 1/4 corner of Section 13-25-44; thence S 89°51' E along the
N line of County road 540.3' to the true POB; thence N 1,305.25'
to a point; thence S 89°57' E 519.36' to a point; thence 0°3 1/4'
W 1,306.12' to a point on the N line of County road; thence N
89°51' W along said N line of County road 518.08' to the POB.
PARCEL C: Part of the S 1/2 of the NW 1/4 of Section 13-25-44
described as follows: Beginning 20 feet N and 30 feet E of
the W 1/4 corner of said section; thence S 89°51' E along the N
line of Broadway Road No. 443 for 1,058.38' to the true POE;
thence N 0°03 1/2' E 1,306.12'to the N line of the S 1/2 of the
N 1/2 of said section; thence S 89°57' E along the N line
519.36'; thence S 0°07' T1 1,306.99' to the N line of said
road; thence N 89°51' W along the N line 518.63' to the true POB,
excepting that part of the r/w of PSII No. 2. ALSO, that portion
of the S 1/2 of the N 1/2 of Section 13-25-44 lying Sly of the
Sly line of PSH No. 2, described as follows:
PARCEL D: Beginning at a point 20 feet N and 30 feet E of the
W 1/2 corner of said Section 13, and running thence S 89°51' E,
along the N line of Broadway Avenue 2,612.62' to the true POB
of the tract of land herein described; thence N 0°14' L 1,303.73'
thence S 89°51' E 519.36'; thence S 0°17 1/2' W 1,309.60' to a
point on the N line of said Broadway Avenue; thence N 89°51' W
along said Broadway Avenue 513.08' to the POB, except the
r/w conveyed to Spokane Valley Irrigation Co.; and except the
E 200' thereof conveyed to Highway Chapel, Inc.
PARCEL E: Beginning at a point 20 feet N and 30 feet E of
the W 1/4 corner of said Section 13 and running thence S
89°51' E, along the N line of Broadway Avenue, 1,576.46 feet
6#
to the true POB of the tract of land herein described; thence
N°07' E 1,306.99' to the U line of the S 1/2 of the U 1/2
of said Section 13; thence S 39°57' E 1,038.72'; thence S
0°14' W, 1,308.73' to the N line of said Broadway Avenue;
thence N 89°51' W, along said Broadway Avenue 1, 6.16' to
the FOB, except r/w conveyed to Spokane Valley Irrigation
Company.
and,
WHEREAS, Dorothy Riegel, North 704 Conklin, did by
letter dated October 4, 1973, request a hearing before the
Board of County Commissioners to present evidence and testimony,
and
WHEREAS, the Board of County Commissioners did hold
a public hearing on November 20, 1978, to consider the recommenda-
tions of the Planning Commission and testimony and evidence of
the applicant and other interested parties, and
WHEREAS, at said hearing opportunity was afforded
those favoring and those opposing the above described Zoning
Map proposal, and the Board of County Commissioners of Spokane
County having fully considered the testimony given, the
records and minutes of the Planning Commission and all other
evidence presented and having personally acquainted themselves
with the site and vicinity in question, does hereby find:
-2-
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That the appeal request be denied and that the deci-
sion of the Planning Commission be upheld in part. In their
deliberations, the Board concluded that a regional shopping
mall would be an appropriate use for this site.
TIHEREFORE, Findings and Order for this action are
as follows:
FINDINGS - PUBLIC SAFETY AND WELFARE
The Board of County Commissioners has determined
that the use of the subject property for a commercial
regional shopping mall is an appropriate use for said property
and that said uses of the property will not be unduly
detrimental to the surrounding properties. Said determination
of the Board is based upon the documentation and testimony
presented at the Spokane County Planning Commission hearing
and the documentation and testimony presented at the appeal
hearing before the Board of County Commissioners. The Board
hereby finds as follows:
1. That those issues raised relative to the elements
of the environment at the Appeal Hearing can be
effectively mitigated through the attachment and
enforcement of conditions.
2. That the proposed use is in harmony with the
general purpose of guiding and regulating the
physical development of the County and will
benefit the public h'.alth, safety and welfare.
3. In upholding the Planning Commission's decision of
approval, the Board considered those mitigating
factors identified in the final Environmental
Impact Statement (EIS).
The following mitigating measures are being attached
and made a condition of approval:
1. During the construction phase of the project, work
hours shall be confined to the period from 7:00 a.m.
to 9:00 p.m. which conforms to provisions of Chapter
173-60 NAC for noise control.
2. Construction vehicles shall use Sullivan Road as
their primary access to the property and avoid
the use of Broadway Avenue west of Sullivan Road in
order to prevent adverse effects on Progress School;
provided, however, that this restriction shall not
apply during the summer months when the Progress
School is not in session.
3. Mechanical systems such as heating, sewage facilities
and air conditioning units shall be designed to abate
noise by utilizing sound and sight baffles.
4. Other than as may be permitted for illuminated signs,
"down lighting" shall be installed so that no light-
ing within the mall property extends beyond the site.
Footpath illuminations shall be installed along
pedestrian ways.
5. A reasonable area for commuter parking shall be
incorporated into the mall including an area desig-
nated for bus loading and unloading. The size and
location thereof shall be determined by the Spokane
County Planning Director, subject to final approval
by the Board of County Commissioners.
6. Facilities for bicycle usage shall be developed
including areas where bicycles can be secured.
7. Prior to the issuance of building permits, the
applicant shall submit to the Planning Department
plans for pedestrian and bicycle lanes.
8. The following energy -conservation measures shall be
incorporated in the actual construction of the mall
to improve the energy efficiency thereof:
(a) Building orientation and design details for
maximum solar efficiency;
(b) Use of landscaped earth berming along exterior
walls and reduction of window area;
(c) Use of tinted glass, double glass or thermal
glass in windows;
(d) Use of roof overhang or rolladen-type sunscreens
in glassed areas;
(e) Insulation in roof, ceilings and walls;
(f) Use of high performance heating and cooling
units;
(g) Primary use of fluorescent rather than incandes-
cent lights, except for design accent purposes.
-2-
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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
RICHARD RIEGEL and DOROTHY RIEGEL,
husband and wife; and SAVE THE
AGRICULTURAL VALLEY ENVIRONMENT, )
an unincorporated association, )
No. 4189-III-1
Appellants, )
Division Three
v. ) Panel One
)
COUNTY OF SPOKANE, WASHINGTON, a )
municipal corporation, RAY )
CHRISTENSEN, HARRY LARNED, JERRY )
KOPET, individually and as the )
Board of County Commissioners of )
Spokane County, Washington, JAMES )
S. BLACK & CO., INC., a Washington )
corporation, and JAMES S. BLACK, )
individually, and VALLEY MALL ) t
ASSOCIATES, a general partnership ) FILED MAT 1 0 l;,u2
composed of NEWMAN PROPERTIES, )
INC., a California corporation and )
JAMES S. BLACK and KDITH HOLMAN )
and RAY McGRIFF, as Trustees of )
the KEITH and EVELYN HOLMAN Living )
Trust and KDITH HOLMAN and EVELYN )
HOLMAN, husband and wife, and )
ROBERT B. AUSTIN and FLORETTA F. )
AUSTIN, husband and wife, and )
LLOYD J. BORJESSAN and EDITH M. )
BORJESSAN, husband and wife and )
P & D DEVELOPMENT CO., INC., a )
Washington corporation, )
)
Respondents. )
MUNSON, J.--The Riegels and Save the Agricultural Valley
1
Environment (SAVE) appeal the granting of a rezone of certain
property located in the Spokane Valley. We affirm.
1
For convenience, the appellants herein will be referred
to collectively as SAVE.
1
There is no dispute as to the facts. The controversy
revolves around a 70-acre tract of land located east of Sullivan
Road and south of Interstate 90 in the Spokane Valley. Defendants,
James S. Black & Co., Inc., Newman Properties, Inc., and Valley
Mali Associates, sought to develop a shopping mall on the site
and sought a rezone from residential to commercial. An initial
application was filed January 9, 1976, and a detailed environmental
impact statement was filed. After proper notice and a public hearing,
the Spokane County Planning Commission approved the requested zone
change 6 to 1, subject to numerous conditions. SAVE appealed to the
Spokane County Board of Commissioners, which held a de novo public
hearing and affirmed the zone'change.
SAVE then filed a writ of certiorari in Spokane County
Superior Court. The court reviewed the entire record and affirmed
the Eoard. This appeal ensued.
The parties allege error in two areas: a violation of the
appearance of fairness doctrine and spot zoning.
1. Appearance of fairness doctrine.
Two instances of conduct are cited as violating the appearance
of fairness doctrine. At a September 22, 1978, Planning Commission
meeting, commission member Quigley stated:
Mr. Chairman, before we start, I would like to make the
following statement. Mr. Quackenbush, I understand, is
representing Mr. Black in this matter. I think the record
should show that Mr. Quackenbush represented me in a law-
suit last year, last spring I guess it was. I have been
hearing matters that he has been proposing since then and
II feel I can hear this matter fairly, and I will hear it.
. . .He was provided by my insurance company; he is
not my regular attorney.
Later, at a meeting before the Board of County Commissioners
on November 20, 1978, board member Christensen stated, in response
2.
No. 4189-III-1/
to testimony of an expert representing SAVE:
We talk about saving energy and you're telling me you want
me to drive eight miles to a decent shopping center and this
Commissioner just can't buy it, and you nice people just
as well know it now as later. I think that's way too far.
. . . when you say to me that each shopping center should
be eight miles apart and that the Planning Commission has
recommended that to the Board of County Commissioners or
the Coordinating Cpnittee or the Planning Commission, you
just as well know it now, this Commissioner isn't going to
go for that one.
After some discussion, Christensen went on to state:
I don't want to belabor the point, but when I go to buy
clothes, I don't buy it in a little shopping center, I
go to the big shopping centers like Northtown or downtown.
And you know where the best service is when you go to these
shopping centers, now who's kidding who, you know?
The Commission, in considering the petition for rezoning,
was acting in a quasi-judicial rather than legislative function and
was subject to the application of the appearance of fairness doctrine.
Westside Hilltop Survival Committee v. King County, 96 Wn.2d 171,
634 P.2d 862 (1981).
a. Quigley's association with Quackenbush.
In reviewing the propriety of commission member Quigley's
past association with attorney Quackenbush, the proper
standard to apply was outlined in Swift v. Island County, 87 Wn.2d
348, 361, 552 P.2d 175 (1976):
Would a disinterested person, having been apprised of
the totality of a board member's personal interest in
a matter being acted upon, be reasonably justified in
thinking that partiality may exist? If answered in
the affirmative, such deliberations, and any course of
conduct reached thereon, should be voided.
Quigley's association with Quackenbush consisted of one occasion
where Quackenbush's legal services were provided by Quigley's
insurance company. Quackenbush was not Quigley's regular attorney.
There appeared to be no other relationship between the two. Casual,
3.
NO. 41d7-111-1/4
minimal business dealings like this do not violate the appearance
of fairness doctrine, absent some indication the board member could
not remain objective and impartial. King County Water Dist. 54 v.
King County Boundary Review Bd., 87 Wn.2d 536, 541-42, 554 P.2d
1060 (1976).
b. Christensen's domments.
The appellants suggest that Christensen's expression of
opinion during the hearing showed that he had prejudged the cause.
In Buell v. Bremerton, 80 Wn.2d 518, 495 P.2d 1358 (1972), it is
suggested that indications of prejudgment will support a violation
2
of the appearance of fairness doctrine. The record showed
Christensen heard evidence about placement of shopping centers
before expressing his opinion. He then merely expressed an opinion
challenging that of the appellants' eq rt, who testified shopping
centers should not be closer than 8 miles. There is another shopping
centek 3 1/2 miles away. The record does not support prejudgment.
The test of fairness appears in Smith v. Skagit County,
75 Wn.2d 715, 741, 453 P.2d 832 (1969):
The test of fairness, we think, in public hearings
conducted by law on matters of public interest, vague
though it may be, is whether a fair-minded person in
attendance at all of the meetings on a given issue, could,
at the conclusion thereof, in good conscience say that
everyone had been heard who, in all fairness, should have
been heard and that the legislative body required by law
to hold the hearings gave reasonable faith and credit to
all matters presented, according to the weight and force
they were in reason entitled to receive.
The record suggests that Christensen merely expressed his opinion
2"Members of commissions with the role of conducting fair
and impartial fact finding hearings must, as far as practicable,
be open-minded, objective, impartial, free of entangling influences
and capable of hearing the weak voices as well as the strong."
Buell v. Bremerton, supra at 523.
4.
No. 4189-III-1/
`.i
in contrast to the expert, which gave the witness further opportunity
to support his position. There is no suggestion that he prejudged
any other issues besides the distance between shopping centers. We
find, on balance, that Christensen acted in a fair and impartial
manner; his early expression of an opinion on one issue is not
sufficient to mandate reversal. Swenson v. Lowe, 5 Wn. App. 186,
192, 486 P.2d 1120 (1971).
2. Spot zoning.
SAVE contends secondly that the Board of County Commissioners
is engaged in spot zoning and arbitrary and capricious conduct. The
original comprehensive plan map for the subject area was published
in 1968 before the completion of the interstate freeway and the
approval of several large housing and industrial projects in the
3
area. The 1968 comprehensive plan designates the shopping center
site as intended for residential use.
The environmental impact statement prepared on the development
indicated several potential and avoidable adverse impacts of the
project, including the change in the character of the land, increased
pollution from traffic flow and construction, increased noise, light
and traffic problems, and the inducement toward more intensive use
of surrounding properties. Eight conditions imposed upon approval
of the rezone by the Planning Commission and the Board of County
Commissioners were designed to reasonably mitigate all identifiable
adverse environmental impacts. Many of these conditions had been
suggested by opponents to the rezone. The record contains ample
3The record is unclear as to the land zoning before 1968,
but at oral argument, counsel suggested it was zoned agricultural in
1942, and that classification is transitional in nature.
5,
No. 4189-III-1/
evidence to suggest the proposed shopping center will have both
adverse and positive impacts upon the region. The positive bene-
fits of locally available shopping in the area and the type of
precautions taken by the bu;lders to avoid environmental and
traffic problems are the Rrimary factors to be considered in
determining whether the development would be advantageous on the
whole.
A review of appellate rezoning decisions was recently
undertaken in Cathcart-Maltby-Clearview Community Council v.
Snohomish County, 96 Wn. 2d 201, 211, 634 P.2d 853 (1981):
Petitioners assert that the County acted arbitrarily
and capriciously and that its action constituted spot
zoning because, they contend, the rezoning is inconsistent
with existing land use plans.
All zoning actions must bear a substantial relation
to the public welfare. . Comprehensive land use plans
and promulgatory zoning regulations are presumed valid
and are invalid only for manifest abuse of discretion.
• . Rezoning actions, on the other hand, are not given
that presumption and will be upheld only if there is
substantial evidence indicating that the rezone furthers
the public welfare and that changed circumstances warranted
its passage. . . .
Petitioners argue that the rezoning must substantially
comply with the existing comprehensive plans. Such, how-
ever, has not been the test. Nonconformance with the
comprehensive plan does not necessarily render the action
illegal. . . . The plan is only a general blueprint and thus
only general conformance is necessary.
(Citations omitted.) Spot zoning is more fully defined in Lutz v.
Longview, 83 Wn.2d 566, 520 P.2d 1374 (1974) at 573:
"Spot zoning has come to mean arbitrary and unreason-
able zoning action by which a smaller area is singled
out of a larger area or district and specially zoned
for a use classification totally different from and
inconsistent with the classification of surrounding
land, and not in accordance with the comprehensive plan."
Here, the Board of County Commissioners approved the zone
change, thereby implicitly determining these criteria had been met.
We are asked to review this action to determine whether it is
6.
No. 4189-III-1/7
4
arbitrary and capricious.
The record evidences the proposed zoned area abuts commercial
property to the west and a freeway to the north; it is not totally
different from and inconsistent with the classification of surrounding
land. Although not in strict accordance with the comprehensive plan,
as noted, the comprehensive plan is advisory only and may be changed
to meet changing circumstances. Westside Hilltop Survival Committee
v. King County, supra at 176; Buell v. Bremerton, supra at 526.
An action is not arbitrary and capricious if the record
indicates there can be two credible opinions on the issue. In re
Stockwell, 28 Wn. App. 295, 302, 622 P.2d 910 (1981); King County
v. Board of Tax Appeals, 28 Wn. App. 230, 241, 622 P.2d 898 (1981).
Upon review of the record, particularly in light of the undisputed
facts, we conclude the appellants have made an excellent record
supporting their contention that the rezone should not be adopted;
but the record also evidences a substantial benefit to the community
could flow from the rezone.
Because we find the rezoning was neither arbitrary and
capricious nor totally inconsistent with the comprehensive plan
and current zoning uses, we conclude no spot zoning occurred.
Affirmed.
This opinion will be filed for public record pursuant to
RCW 2.06.040, as amended by Laws of 1971, ch. 41, § 1, p. 63.
•
4Pursuant to the Administrative Procedures Act, RCW 34.04-
.130(6), we could review this determination either under the
"arbitrary and capricious" standard or the "clearly erroneous"
standard. The parties have asked that we review under the arbitrary
and capricious standard; that is the standard to which we shall
direct our attention.
7.
FINDINGS - LOCATIONAL CRITERIA
The Board of County Commissioners considered the site
location as an integral part in reaching their decision. The
Board hereby finds the following:
1. The site is located adjacent to an interstate freeway
to the north and adjacent to two highly traveled
arterials on the south and west thereby limiting the
prospective residential use of the property.
2. The property owner to the east of the subject pro-
perty has approved of the proposed use of said pro-
perty for commercial use.
3. Zone Classifications:
a. North - Agricultural, 6/18/57
b. West - Commercial, 3/9/78, 1969 and 1971
c. South - Agricultural, Two -Family Residential
Family Residential, 3/27/42, 6/11/70
and 8/5/76
d. East - Agricultural, 3/27/42
Land Use:
a. Site - Vacant.
b. North - Red Lion Motor Inn and Freeway.
c. West - Commercial business.
d. South - Fire station and single family residence.
e. East - Vacant land and a church.
4. The noise levels emanating from the freeway and
adjacent arterials restrict the use of the subject
property for residential use.
5. The site has a high degree of visual exposure.
6. The site was selected by the applicant based on
market analysis as reported in the Environmental
Impact Statement (EIS).
7. The site size of 70 acres is between the recommended
size of 35 acres to 80 acres for a regional shopping
mall.
8. High accessibility by auto or transit to the center
is a prime essential for site selection for a
regional shopping center and the subject site is
so situated.
9. The site is near a populated area and in an area that
is growing rapidly. The Spokane County population
forecast by SMATS is 334,000 for 1985, 352,000 for
1990 and 386,000 for the year 2000. In addition,
a report entitled "Design Population Update for
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Spokane County Comprehensive Plan - November 1978"
has a design population for the Spokane Metropolitan
area of an additional 70,000 people by the year 2000.
10. The Spokane Valley area east of the City of Spokane
is a rapidly -growing area which is not served by a
regional shopping center. The said Spokane Valley
area is in need of a regional shopping center to serve
the residents thereof and to avoid the requirement for
said residents travelling substantial distances to
existing shopping areas with commensurate expenditures
of energy.
11. The site for a regional center should be located
near freeway off -ramps and the subject site is to
situated.
12. The site is a continuous parcel and is not separated
by any roads, streets, or other physical barriers.
13. In approving this zone change, the Board has con-
sidered other possible locations for a regional
shopping center in the Spokane Valley.
14. The Board finds the following favorable site
conditions:
(a) Accessibility
(b) Continuous parcel (one-piece)
(c) Sufficient site area for expansion and buffering
(d) No grading problems
(e) Close to expanding residential areas
(f) The development of the site will not result in
the disruption of environmentally sensitive
flora or fauna.
FINDINGS - ECONOMIC CRITERIA
In their deliberation the Board evaluated the economic
viability of a regional center for this location. The following
criteria were found to exist:
1. The area surrounding the proposed development
presents favorable market and economic conditions.
2. Department stores with consumer acceptance will be
the key to insure the center's economic vitality.
The applicant has designed the mall to include four
development stores.
3. The Board finds that a regional shopping center will
not unduly affect the City of Spokane's Central
Business District.
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.�i- ^„%4�':�i."yez' r.Rd! s�"'•�°z��% @ f� df t�'�z� � tK a1•?y
4. The Board further finds
considered an expansion
decentralization of the
finds that the real and
downtown Spokane are:
(a)
(b)
(c)
(d)
(e)
that this proposal is
to the suburbs and not a
central city. The Board
viable resources of
The masses of people such as shoppers, office
workers, and tourists.
Offices, banks, etc.
Public services.
Government.
Cultural resources.
5. The Board finds that there may be a slight impact on
existing shopping centers. However, these centers
will need to be strengthened by providing new
businesses, parking facilities, and other public con
venience amenities.
6. The Board finds that the location of the Valley Hall
will assist in making mass transit more viable not
only for shoppers, but for commuter traffic to
downtown Spokane. Both the Valley !Sall and downtown
Spokane will compliment mass transit purposes.
7. The development of a regional shopping mall on the
subject property will increase competition between
all shopping centers, including the City of Spokane
Central Business District, to the benefit of consumers.
FINDINGS - DESIGN CRITERIA
The Board finds that the design of this development
will provide a pleasant shopping environment. The following
design considerations are noted:
1. The proposal contains a continuous interior peripheral
roadway within the site to minimize the traffic impact
upon the surrounding areas.
2. Efficient parking configuration.
3. Clustering of stores in a mall -like setting.
4. The erection of a landscaped earthen berm to buffer the
area to the south.
5. Providing shoppers' comfort and climate control.
6. Other design considerations noted are:
(a)
(b)
(c)
Freedom from congestion
Ample off-street parking
Convenient access
-5-
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(d)
(e)
(f)
(g)
(h)
Efficient mass transit
Attractive modern buildings
Easy circulation
Cultural amenities
Convenient access between businesses within
the mall.
7. This proposal offers a clustering of stores which will
enhance customers' convenience, unlike many of the
existing shopping centers which are simply "strip
centers", i.e., a connection of stores with front
door parking and where pedestrian access is, for the
most part, from the outside.
8. The parking has been designed to eliminate hazardous
conflicts with pedestrians walking from parking spaces
to stores and vice versa.
ORDER - CONDITIONS FOR APPROVAL - VALLEY MALL
1. The decision of the Spokane County Planning Commission
is hereby affirmed and the appeal therefrom is hereby
denied, subject to the terms and conditions of this
Order.
2. The developer shall comply with all of the rules and
regulations of the Spokane County Iiealth District and
other pertinent local and state regulatory agencies
of jurisdiction as they exist at the time of construc-
tion. All necessary Health District permits shall be
obtained prior to issuance of building permits. Sew-
age collection and disposal facilities shall be de-
signed so as to facilitate interception to a general
Sewer system and must be approved by the County
Utilities Department.
3. Any sewage treatment facilities shall be located at
least five hundred feet (500') from existing resi-
dences along Broadway Avenue to the south of the
subject property. Fencing, screening, and landscaping
of such facilities may be required by the Planning
Department after submission of development plans.
The sewage treatment facilities must be maintained
and operated by an operator certified by the State
of Washington.
4. Fire mains and hydrants shall be installed in
accordance with Spokane County Fire Marshal's
requirements. Approval of all other fire plans
by the Fire Marshal shall be obtained prior to
the issuance of any building permits.
5. The sponsor shall develop the property generally
in accordance with the concept presented to the
Spokane County Planning Commission. Minor variations
when approved by the Zoning Administrator after
coordination with other regulatory agencies, will
be permitted including, but not limited to the
following changes: building location; building
-6-
materials; building sizes; area coverage; landscape
plans, and general allowable uses of the permitted
zone. All variations must conform to regulations
set forth in the Spokane County Zoning Ordinance.
The original intent of developing a regional shopping
mall shall be maintained.
6.• In the event substantial development (the construction
of the mall) of the subject property in accordance
with the development plan has not commenced by
October 1, 1985, then and in that event a hearing may
be held by the Hearing Examiner Committee to con-
sider either a time extension or changing the zone
classification back to Agricultural.
7. If regulations emanating from the Spokane "208" Water
Quality Management Program are in effect at the time
of building permit submission, the developer shall
comply with all such rules, regulations or guidelines
for the protection of the aquifer. Valley Mall
development plans shall incorporate "208" Program
recommendation concepts, as adopted by the Board of
County Commissioners, subject to review approval by
the Planning Director. Any operations within the
site which proposes to store, use, handle or dispose
of "critical substances" as defined by the "208"
Program shall be subject to review and approval by
the County Planning Director.
8. A surface water runoff management plan shall be pre-
pared by the Developer, meeting the approval of the
County Engineer. The plan shall maximize disposal of
runoff waters through grassed percolation area and
minimize collection to dry well disposal. The land-
scaping plan hereinafter required shall incorporate
such drainage disposal concepts.
9. Interior driveways and parking areas shall be paved.
10. The landscape and berming plan shall show specific
detail, including ground cover and shrubs and be
accompanied by a performance bond or other acceptable
security in an amount to be approved by the Spokane
County Zoning Administrator prior to the issuance
of building permits. The bond shall guarantee the
maintenance of the landscaping for a period of two
years after completion of the landscaping. Instal-
lations of an automatic sprinkler system'shall be
required.
11. Berming and landscaping shall be erected commensurate
with the phased construction on the subject property.
As construction commences on the project, an eight
(8) foot undulating berm along Broadway shall progress
therewith so that berming will be in place a distance
east on Broadway one hundred feet (100') beyond
the easterly boundary of the ongoing phase.
-7-
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12. hlherr needed, barriers
perty lines to contain
prevailing winds. The
used therefor shall be
Administrator prior to
permits.
shall be erected along pro -
blowing debris caused by
location and type of materials
approved by the Zoning
the issuance of building
13. The owners and tenants of the property shall form an
association to insure maintenance and up -keep of the
following:
(a) All on -site facilities, including, but not limit-
ed to: landscaping; sewage disposal; lighting;
snow removal; debris removal; parking area
maintenance including striping and lane markers;
and other required facility and/or mechanical
equipment.
14. Right -of -Way and Roadway Improvements.
A. Sullivan Road from Broadway to Sprague Avenue.
1. Spokane County had pre-existing plans for
building a four -lane roadway within existing
right-of-way. The County presently owns
the right-of-way for said project.
2. Spokane County will proceed with the construc-
tion of a five -lane roadway from Sprague to
Broadway including acquisition of additional
right-of-way required for the fifth lane.
Spokane County shall fund the entire cost
thereof, subject to reimbursement by the
developer as hereinafter specified.
3. The developer shall reimburse Spokane County
for the cost of right-of-way required for
said fifth lane and likewise shall reimburse
Spokane County for the cost of construction of
the fifth lane.
4. For each square foot of building completed on
the project site, the developer shall reimburse
the County one eight hundred thousandth of
the above stated reimburseable costs. All
reimbursable costs shall be paid by the
developer in full upon completion of
500,000 square feet of buildings upon the
project site.
5. In the event the developer does not proceed
with the development of the project site, the
developer shall have no obligation for
reimbursement to Spokane County.
B. Sullivan Road from Broadway Avenue to
State of Washington's South Right -of -Way Line
for Highway I-90.
-3-
4
1. It is agreed that two additional 12-foot
wide traffic lanes and an additional left
turn lane on the approach to Broadway
shall be required prior to the time that
500,000 square feet of buildings are com-
pleted on the project site. Transition
in width may be required south of Broadway
Avenue.
2. The developer shall reimburse the County for
the acquisition costs of the right-of-way
required fpr said additional lanes.
3. The developer shall reimburse the County
for the cost of construction of the
additional traffic lanes.
4. The developer shall reimburse the County for
the above -described costs when said road
improvements are completed.
C. Broadway Avenue East of Sullivan to the East
Property Line of the Project.
1.
Additional right-of-way shall be acquired
by Spokane County to provide width adequate
for two through lanes in each direction plus
left turn lanes with a dual left turn lane
at the principal entrance to the project.
2. The developer shall reimburse the County for
the cost of acquiring ten feet of right-of-
way on each side of Conklin Road tapering
from Broadway Avenue South for one hundred
fifty feet (150') to a point of zero width.
3. Special traffic flow channelization shall be
designated at both Moore and Conklin Road
to prohibit direct access of the Valley
Mall traffic into the residential areas.
The Broadway improvement shall extend from
Sullivan Road east through the Valley Mall
Development with required tapers. An addi-
tional friction lane may be required by
the County from two hundred feet (200') east
of Sullivan Road to Sullivan Road.
4. Roadway improvements to Broadway shall in-
clude curbs and sidewalks on both the north
and south sides of the street, and channel-
ization at the Sullivan Road intersection
and the major entrance to the Mall.
5. The developer shall reimburse the County
for the County's cost of right-of-way
acquisition, if any, and improvement
construction cost.
6. The foregoing improvements shall be completed
as traffic conditions require.
-9-
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15. Traffic Signals - The developer's share of the cost of
improvement or constructing traffic signals at the
following intersections will be computed upon the
percent of traffic generated by the Valley I1all
or as otherwise noted:
Sullivan and Sprague
Sullivan and Mission
Broadway and Flora
Sullivan and Broadway
Broadway and the major Valley Mall entrance
(the total cost by the developer)
16. Future Participation Traffic generated by the
Valley Mall may necessitate the widening of Broadway
Avenue from the Valley Mall development east to
Flora Road and Flora Road from Broadway south to
Sprague. The full impact of the Valley Mall
cannot be determined at this time. however, the
developer should be prepared for future participation
and sharing of construction costs, as determined
by the County Engineer, for these two roads if
traffic projections from future phases of the
project warrant said improvements.
17. There shall be no direct vehicular access from
this proposal onto Sullivan Road nor onto Broadway
Avenue except at the intersection of the circular
access road as shown on the development plan sub-
mitted with this application and approved by the
County Engineer, or as approved by the County.
18. The development shall be served
Power District. There shall be
located on the site without the
of the purveyor.
by Vera Water and
no private wells
written authority
19. No building permits shall be issued until all
water quality and wastewater discharge permits
are obtained.
20. In the event the developer does not proceed with
the development of the project site, the developer
shall have no obligation for reimbursement to
Spokane County for any of the right-of-way and
roadway improvements, set forth in paragraph 14
(Right -of -Way and Roadway Improvements).
DATED this
ATTEST:
VERNON. «. •BLAND
- CO.erk/o the Boar
By
Deputy Clerk
day of
, 1979
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
-10-
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