Hearing Examiner Decision REZ-53F-80 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Change of Conditions to an existing Rezone, )
in the Community Commercial (C) District; ) FINDINGS OF FACT,
) CONCLUSIONS OF LAW,
Applicant: West Corporation ) AND DECISION
File No. REZ-53F-80 )
I. SUMMARY OF DECISION
Hearing Matter: Application for a change of conditions to a prior rezone, in the C District.
Summary of Decision: Approval.
II. FINDINGS OF FACT
Procedural Matters
1. The application requests a change to the conditions of approval imposed by a prior rezone
of a 2.34-acre site, restricting vehicular access from the site driveway to Sinto Road to emergency
access only; in the Community Commercial (C) District.
2. The site is located north of and adjacent to Sinto Avenue; approximately 310 feet east of the
intersection of Sinto Avenue and Mullan Road, and approximately 335 feet west of the intersection
of Sinto Avenue and Locust Road; in Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45172.0750. The site,
along with the adjoining .5-acre parcel located to the east, has a site address of 9317 E. Sinto
Avenue.
4. The applicant is West Corporation, c/o Joseph Rugan; with a mailing address of 9317 E.
Sinto Avenue, Spokane Valley, WA 99206. The site owner is Branaugh Family 2000 Trust and
Patterson Family 2000 Trust; with a mailing address of 2701 Mt. Diablo Blvd., Suite 200,
Lafayette, CA 94549.
5. On August 24, 2011, the applicant submitted a complete application for the proposed change
of conditions to the City Community Development Department ("Department"). The site plan of
record for the application, prepared on May 27, 2005, was submitted to the Department on August
4, 2011.
6. On October 6, 2011, the Hearing Examiner conducted a public hearing on the change of
conditions application. Notice of the hearing was provided by publication, mail and posting. The
Examiner conducted a site visit on October 4, 2011.
HE Findings, Conclusions and Decision REZ-53F-80 Page 1
7. The Hearing Examiner heard the application pursuant to SVMC 19.30.030, 17.80 and 18.20;
and the Hearing Examiner Scheduling Rules and Rules of Conduct, adopted in Appendix B of the
City Uniform Development Code (UDC), a part of the SVMC.
8. The following persons testified at the public hearing:
Lori Barlow, Senior PIanner Inga Note, Senior Traffic Engineer
Spokane Valley Community Develop. Dept. Spokane Valley Public Works Department
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206 ,Spokane Valley, WA 99206
Stacy Bjordahl Joe Rugan and Richard Fink
Attorney at Law West Corporation
505 W. Riverside #500 9317 E. Sinto Avenue
Spokane, WA 99201 Spokane Valley, WA 99206
Dan Cantu Todd Whipple
Cantu Commercial Properties Whipple Consulting Engineers, Inc.
1410 N. Mullan, Suite 110 2528 N. Sullivan Road
Spokane Valley, WA 99206 Spokane Valley, WA 99216
Milagnos Casatranca
9407 E. Sinto Avenue
Spokane Valley, WA 99206
Items in Record
9. The Hearing Examiner takes notice of the SVMC, pertinent City ordinances, the City official
zoning map, the County Standards for Road and Sewer Construction (adopted by City), other
applicable development regulations, and prior land use decisions for the site and neighboring land.
10. The following exhibits were submitted at the public hearing;
Exhibit 11: Staff Report and Recommendation to the Hearing Examiner
Exhibit 12: Comprehensive Plan Land Use Designations in the Vicinity
Exhibit 13: Street map of vicinity from City/County Atlas
Exhibit 14: Memorandum in Support of Application
Exhibit 15: Letter from Andre Rowe, and attached petition from residents
11. The Staff Report prepared by the Department, Exhibits 1-10 attached to the Staff Report, and
various other documents relating to the application were present in the•application file at the time
the public hearing commenced.
I-IE Findings, Conclusions and Decision REZ-53F-80 Page 2
12. The Healing Examiner takes notice of, and includes in the record, a copy of page 10 of the
Hearing Examiner's decision in File No. ZE-53B-80, which contains the signature block for the
Examiner's decision on September I1, 1998. The Department inadvertently omitted such page
from the copy of such decision contained in the application file.
13. The Hearing Examiner takes notice of, and includes in the record, a copy of the Examiner's
decision dated March 18, 2003 in File No. ZE-53D-80. Such decision approved a change of
condition for the 1.1-acre parcel lying directly west of the north one-half(1/2) of the site.
14. The record includes the documents in the application file at the time the public hearing
commenced, the testimony and exhibits submitted at the public hearing, and the items taken notice
of by the Hearing Examiner.
Description of Site. Surrounding Conditions
15. The site is approximately 2.3 acres in size, square in shape, and relatively flat in topography.
A 2-story, 23,300-square foot office building is located on the westerly portion of the site. The
building was constructed in approximately 2000, and is used as a call center by West Corporation.
16. Parking and Iandscaping areas for the office building are located on the site and on the
adjoining .5-acre parcel to the east. Such adjoining parcel fronts along Sinto Avenue for 67 feet,
but does not have direct access to Sinto Avenue. The east end of the site contains a 25-foot wide
driveway approach ("east driveway approach") that fronts along Sinto Avenue.
17. The site, and the adjoining .5-acre parcel to the east, has unrestricted vehicular access to
Sinto Avenue via a driveway approach ("west driveway approach") located approximately 135 feet
west of the site, opposite the intersection of Sinto Avenue and Stout Road.
18. The west driveway approach is accessed from the site and the adjoining .5-acre parcel via a
driveway easement that extends along the south edge of the parking lot located on adjoining land to
the west.
19. The land adjoining the site on the west is divided into two (2) parcels, each of which is
improved with an office building. Each parcel has direct access to Mullan Road, as well as the
west driveway approach. See site plan of record, and Exhibit 1 (aerial map).
20. In July of 2011, the Department required West Corporation to restrict access from the east
driveway approach to Sinto Avenue to emergency access only, by means of a chain. Such action
was based on a citizen complaint, and the prior zoning restriction on the use of the approach.
21. The land in the vicinity lying north, west, southwest, and for a short distance northeast of the
site; and the land lying north of Mission Avenue, west of Locust Road; is designated in the
Community Commercial category of the Comprehensive Plan, zoned C, and developed with
commercial office or retail uses.
HE Findings, Conclusions and Decision REZ-53F-80 Page 3
22. The .5-acre parcel lying directly east of the site is designated in the Low Density Residential
category of the Comprehensive Plan, and is zoned Single-Family Residential District (R-3). Such
parcel is owned by the current site owner, contains an extension of the paved parking area on the
site, and derives access through the site and the adjoining property to the west.
23. The land lying east of the .5-acre parcel that abuts the site on the west; the land lying east of
the property lying north and northeast of the site that is zoned C; and the land lying south of Sinto
Avenue, east of Stout Road; is designated in the Low Density Residential category of the
Comprehensive Plan, zoned Single-Family Residential District (R-3), and developed with single-
family residences.
24. A residence is located directly across Sinto from the driveway located on the site. Three (3)
homes are Iocated on each side of Sinto Avenue east of the site, respectively. Four (4) homes are
located southwest of the site along the south side of Sinto Avenue. See County Assessor map for
N '/z of Section 17, parcel information in file, and Hearing Examiner detail of site visit during
public hearing.
25. The land located southwest of the site, at the southeast corner of the intersection of Sinto
Avenue and Stout Road, is designated in the Office category of the Comprehensive Plan, zoned
Garden Office (GO), and developed with offices.
26. The City Arterial Street Plan designates Mullan Road and Argonne Road as Principal
Arterials; and designates Mission Avenue east of Argonne, and Broadway Avenue, as Minor
Arterials. The other roads in the vicinity are Local Access streets.
27. Mullan Road and Argonne Road form a multilane, 1-way couplet in the area. Mullan is 1-
way to the north, while Argonne is 1-way to the south. The 1-way couplet intersects Interstate 90 a
few blocks north of Mission Avenue, and Broadway Avenue approximately one-third (1/3) mile
south of Sinto Avenue. Sinto Avenue lies 650 feet south of Mission Avenue.
28. The intersections of Mullan Road and Argonne Road with Sinto Avenue are stop controlled,
but not signalized. The intersections of such 1-way couplet with Mission Avenue and Broadway
Avenue are signalized. Locust Road provides a route to Broadway to the south, and Mission to the
north. See Assessor parcel map for the N '/2 of Section 17, and Exhibit 13.
Comments submitted on Application
29. Milagnos Casatranca was the only area resident who testified at the hearing regarding the
application. Casatranca resides on the 10,000-square foot lot lying directly east of the .5-acre
parcel that abuts the site on the east, along Sinto Avenue. The residence address is 9407 E. Locust
Road.
30. Milagnos Casatranca testified in opposition to the application, and submitted a letter of
opposition from Andre Rowe, who resides at the same residence. Casatranca also submitted a
petition in opposition to the application; which was signed by 12 other persons who reside and/or
HE Findings, Conclusions and Decision REZ-53F-80 Page 4
own property near the site, along Sinto Avenue or Locust Road. One of the persons signing the
petition, Jack Morgan, owns the residence located at 9407 E. Locust Road.
31. The concerns raised by the opponents of the application included excessive speeding and
dangerous turning movements by drivers along Sinto Avenue, littering and parking on the lawn of
the property located at 9407 E. Locust Road, the playing of loud music, and drug usage by the
employees of the call center; the large volume of employees in the call center, coupled with the
high turnover of employees that inhibits the problems caused by employees from being remedied;
and employee traffic endangering students waiting for the bus and neighborhood pets along the
street, and making it difficult for residents to get out of their driveways along Sinto Avenue.
32. Testimony in support of the application was submitted by Joseph Rugan, the applicant's
facility manager; Richard Fink, the director of operations for the applicant; Todd Whipple, a
consulting traffic engineer retained by the applicant; Stacy Bjordahl, the applicant's legal counsel,
who also submitted a legal memorandum; Dan Cantu, the owner and developer of the commercial
properties that adjoin the site on the west; and Inga Note, the City's senior traffic engineer.
33. Prior to the hearing, Inga Note submitted a detailed email in support of the application to the
Department; and Kevin Miller, Fire Marshall for Spokane County Fire District 1, submitted a
general letter of support for the application. See Exhibit 7.
Relevant Comprehensive Plan policies
34. The Staff Report addresses the Community Commercial category of the Comprehensive Plan,
in which the site and the property lying west and north of the property are designated; and sets
forth relevant policies for the development of commercial properties and supporting transportation
systems.
35. The Staff Report does not address the Low Density Residential category of the
Comprehensive Plan; which applies to the properties Iocated along Sinto Avenue south and east of
the site, and along Locust Road east of the site. The Low Density Residential category is intended
to address a range of single-family residential densities from 1-6 dwelling units per acre.
36. Policies LUP-1.1 and LUP-1.2 of the Comprehensive Plan recommend that the character of
existing and future residential neighborhoods be maintained and protected, and that residential
areas be protected from the impacts of adjacent non-residential uses; through the development and
enforcement of the City's land use regulations and joint planning.
37. Policy LUP-1.4 encourages the development of transportation routes and facilities to serve
residential neighborhoods, with special attention given to pedestrian circulation.
38. Policy TP-9.9 recommends reducing obstructions and conflicts .between bicycle/pedestrian
facilities and vehicular transportation routes.
HE Findings, Conclusions and Decision REZ-53F-80 Page 5
39. Policy TP-2.1 states that street designs should complement adjacent development. TP-4.1
recommends that high-speed traffic be restricted from residential neighborhoods, and that traffic
calming strategies be utilized to reduce vehicular speeds where appropriate.
Characteristics of C District and R-3 District zoning designations
40. The C District zoning designation implements the Community Commercial category, and has
the same stated purpose. The C District permits a wide range of commercial uses, including retail
uses and office uses; and is close to the Regional Commercial (RC) District in the range of
commercial uses allowed. The RC District is the most intense commercial district in the SVMC.
See SVMC 19.120.010, and attached Appendix 19A.
41. The R-3 District zoning designation is intended for low density residential development
intended to preserve the character of existing development, subject to the dimensional standards of
SVMC 19.40. The district permits single-family dwellings and duplex dwellings, various other
types of residential uses, and certain types of institutional and recreational uses. See SVMC
19.120.010, and attached Appendix 19A.
Zoning.History for Site and Neighboring Land
42. In 1980, the Board of County Commissioners for Spokane County, after holding a public
hearing, rezoned approximately 4.7 acres of land, including the site and the land lying between the
site and Mullan Road to the west, to the Local Business zone of the now expired County Zoning
Ordinance.
43. The 1980 rezone decision required a specific development plan to be submitted for review
and approval by the Spokane County Hearing Examiner Committee, prior to issuance of a building
permit; restricted access to Sinto Avenue from the 4.7-acre parcel to the westerly 190 feet of the
property, except for emergency vehicle access points as required by the County Fire Marshall; and
required the installation of a 6-foot high fence along the east boundary of the parcel to buffer an
existing single-family residence located on the abutting property to the east. See Board of County
Commissioners decision dated 12-1-80 in File No. ZE-53-80.
44. The findings adopted by the Board of County Commissioners in the 1980 rezone decision did
not state the basis for the above-referenced conditions of approval. However, the staff report
submitted by the County Planning Department for the rezone proposal noted that development of
the site should be oriented toward Mullan Road, to minimize conflicts with existing single-family
residences located on the south side of Sinto Avenue. See current application file,
45. The Staff Report for the current application, and the memorandum of authorities submitted
by the applicant's legal counsel, erroneously state that the .5-acre parcel lying directly east of the
site, which contains a parking area for the call center located on the site, was part of the 4.7-acre
parcel rezoned in 1980. Such .5-acre parcel remained in the Agricultural Suburban zone of the
now expired County Zoning Ordinance, after the rezone.
HE Findings, Conclusions and Decision REZ-53F-80 Page 6
46. Between 1985 and 1991, Spokane County replaced the County Zoning Ordinance with the
Spokane County Zoning Code, and implemented the new zones set forth in the Zoning Code for all
the property Iocated in the unincorporated area of Spokane County. Such zoning was expressly
made subject to the conditions of approval imposed by the prior rezone of a property, to the extent
the conditions were more strict or specific than the development standards of the new zone
applicable to the property.
47. In 1991, the zoning of the 4.7-acre parcel that included the current site "crossed over" to the
Neighborhood Business (B-1) zone of the Spokane County Zoning Code, subject to the conditions
of the 1980 rezone of the site that were more restrictive or specific than the development standards
of the B-1 zone. See Hearing Examiner decision in File No. ZE-53A-80.
48. On November 12, 1997, the Hearing Examiner, sitting as the County IIearing Examiner,
approved a change of conditions for the 1980 rezone, for a stated 2.75-acre site. The legal
description of such acreage included all but the west 12 feet of the current site, along with the .49-
acre parcel lying immediately east of the site. See legal description of subject property on p. 1 of
IIearing Examiner decision dated 11-12-97, in File No, ZE-53A-80; and location of Tract 19 of
Opportunity on current County Assessor map for the N % of Section 17.
49. The 1997 change of conditions decision, referenced above, included the approval of a site
plan for development of a large office building on the westerly 2.26 acres of the 2.75 acres under
consideration, and development of a small office structure on the easterly .49 acres (.5 acres
rounded).
50. The site plan approved for the 1997 change of conditions illustrated a private driveway
extending through the frontage of the adjacent property to the west, and accessing Sinto Avenue
within 190 feet of Mullan Road. The site plan also illustrated an emergency fire access driveway at
the southeast corner of the westerly 2.26 acres, closed off by a chain and padlock. The Examiner's
decision specifically limited development of the 2.75-acre area to the concept presented to the
Hearing Examiner at the public hearing that was held on the change of condition application. See
Hearing Examiner decision in File No. ZE-53A-80.
51. On June 12, 1998, a final binding site plan (BSP) was recorded with the County Auditor that
included the current site as a parcel of 2.34 acres, and split the land lying between the site and
Mullan Road to the west into two (2) 1.14-acre parcel. The .5-acre parcel abutting the site on the
east was not included in the final binding site plan. See application file.
52, On September 11, 1998, the Hearing Examiner denied a change of conditions for the 1980
rezone for the site and the adjoining .5-acre parcel on the east. The change of conditions sought
to make the east driveway approach a full driveway access, move the driveway approach planned I
on the abutting land to the west to the southwest corner of such property, and delete the internal
driveway on the site planned to provide a route to the westerly driveway approach. See Hearing
Examiner decision in File No, ZE-533-80.
HE Findings, Conclusions and Decision REZ-53F-80 Page 7
53. The Hearing Examiner's change of conditions decisions in File Nos. ZE-53A-80 and ZE-
53B-80 failed to realize that the .5-acre parcel lying directly east of the site was never part of the
1980 rezone, and was zoned Urban Residential-3.5 (UR-3.5) under the County Zoning Code.
54. By approximately 2000, the current office building on the site was constructed, a driveway
approach was installed on the adjacent land to the west that allowed vehicular access to Sinto
Avenue from the site and the adjoining .5-acre parcel on the east, and the east driveway entrance
was installed and closed off to general access by a chain.
55. In 2001, the Hearing Examiner, sitting as County Hearing Examiner, approved a change of
conditions for the 1980 rezone, for the 1.14-acre parcel located directly west of the south one-half
(1/2) of the site. The decision authorized the construction of an 8,000-square foot office building
on such property; provided for direct vehicular access to Mullan Road for such use; and relocated
the driveway approach to the current position of the west driveway approach, where it could
provide access to Sinto Avenue for the office building located on the site and the office building
planned on the 1.14-acre parcel. See Hearing Examiner decision dated 3-6-01 in File No. ZE-53C-
80.
56. In 2002, the County adopted a new comprehensive plan, adopted the County Phase I
Development Regulations to implement such plan, revised portions of the County Zoning Code by
adding certain new zones and standards, reclassified the zoning of various properties in the County,
and specifically preserved the conditions of approval imposed by prior rezones that were more
strict than the development standards of the new zone applicable to the property.
57. The 2002 action by the County preserved the B-1 zoning of the site and adjacent land to the
west; subject to the conditions of the 1980 rezone, as modified for the site and the adjoining land to
the west by the change of conditions decisions approved by Spokane County in 1998 and 2001, as
referenced above. Such action preserved the UR-3.5 zoning of the .5-acre parcel that abuts the site
on the west, and the other properties in the vicinity zoned UR-3.5.
58. On March 18, 2003, the Hearing Examiner, sitting as County Hearing Examiner, approved a
change of conditions for the 1980 rezone, for the 1.14-acre parcel Iocated directly west of the north
one-half(1/2) of the site. Such decision authorized the construction of a 10,500-square foot office
building on such property.
59. The Hearing Examiner's 2003 change of conditions decision, referenced above, noted that
vehicles from the office building on the current site were improperly using the east driveway access
on the site for general vehicular access. The conditions of approval attached to the decision
prohibited traffic generated by the office use developed on the 1.14-acre parcel from directly
accessing Sinto Avenue through the east driveway located on the current site, required the
developer of the office building to actively discourage its employees and customers from using the
east access, and authorized the County Planning Department to prohibit cross access between such
parcel and the adjoining 1.14-acre parcel lying to the south if such requirement was violated. See
decision dated 3-18-03 in File No. ZE-53D-80.
HE Findings, Conclusions and Decision REZ-53F-80 Page 8
60. On March 31, 2003, the City was incorporated, and City Ordinance Nos. 03-53 and 03-54
took effect. Such ordinances adopted the County Zoning Code, the County Phase 1 Development
Regulations, and the County zoning map for the incorporated land as interim development
regulations; with certain exceptions not pertinent to the current application. The ordinances
preserved the B-1 zoning of the site and adjacent land to the west; subject to the conditions of the
1980 rezone, as modified by the change of conditions decision approved by the County in 1998,
2001 and 2003 as referenced above. See former SVMC 10.30.060 and SVMC 10.30.610, adopted
in Section 1 of Ordinance No. 03-53.
61. Section 14.504.040 of the version of the County Zoning Code adopted by the City in 2003
contained a change of conditions process for prior rezones. The process authorized the Department
to approve minor changes to the site plans approved for prior rezones; and required a public
hearing process for significant changes to such site plans, or any change to a condition of approval
imposed by a prior rezone.
62. Former SVMC 10.35.070(J) authorized the Hearing Examiner to hear and decide applications
for a change of conditions to a prior rezone that required a public hearing. See email from Mike
Dempsey to Lori Barlow dated 8-8-11, in application file.
63. Effective October 28, 2007, the City implemented City Ordinance Nos. 07-015 and 07-016.
Such ordinances adopted Titles 17-22 of the UDC, part of the SVMC; and repealed City Ordinance
No. 03-53.
64. The City's action taken in 2007 repealed the City's interim zoning regulations; adopted the
new zoning districts and zoning provisions set forth in Title 19 of the SVMC; adopted a new
zoning map with new districts for the property located in the City; reclassified the zoning of the
site and neighboring land zoned B-1 under the City's interim zoning regulations to the C District;
and reclassifies the zoning of the .5-acre parcel bordering the site on the east, and other
neighboring properties zoned UR-3.5 under the City's interim zoning regulations, to the R-3
District.
65. The applicant contended at the public hearing that the City did not preserve the conditions of
approval of prior rezones of property in the City when it repealed the City's interim zoning
regulations and adopted a new zoning code and zoning map for all the properties in the
incorporated area. See testimony of Stacy BjordahI, and Exhibit 1.
66. SVMC 19.20.020 specifically adopts the new zoning map for the City. Such section does not
contain any language that preserves the conditions of approval of prior rezones. There is no
change of conditions process set forth for prior rezones in the SVMC.
67. Unless the official zoning map of the City, currently on file with the City Clerk's Office,
contains language or indications that the conditions of approval of prior zoning actions are
preserved, the conditions of approval imposed by the Hearing Examiner in the change of
conditions approved for the site in 1997, and the changes of conditions approved for the two (2)
parcels lying directly west of the site in 2001 and 2003, would not appear to have been preserved
I-IE Findings, Conclusions and Decision REZ-53F-80 Page 9
by the City. This includes the restriction on access with regard to the east driveway located on the
site. See p. 4 of Exhibit 14 (Memorandum in Support of Application).
68. The record does not contain a copy of the official zoning map adopted by the City in 2007, to
verify whether the map preserved the conditions of approval of prior rezones.
69. If the official zoning map preserved the conditions of approval of prior rezones, the
procedures set forth in the SVMC for approving a site specific rezone by the Spokane Valley
Hearing Examiner are the most applicable procedures for approving a change of conditions. The
change of conditions differs from a rezone in that its approval does not change the C District
zoning of the site, only the conditions of approval such zoning is subject to.
70. SVMC 19.30.030 sets forth the criteria for approving a site specific zoning amendment by
the Hearing Examiner, and states that such amendments are classified as Type III development
applications. Such section contains a drafting error in stating that such amendments shall be
processed pursuant to SVMC 17.80.140; which applies only to Type IV applications consisting of
Comprehensive Plan amendments and area-wide rezones, approved by the City Council.
71. SVMC 17.80.030 and SVMC 18.20.030 make clear that the hearing Examiner is authorized
to hear site-specific zoning amendments in accordance with the procedures established for Type III
development applications in SVMC 17.80.080 through 17.80.130.
72. SVMC 22.130.030 authorizes the City's senior traffic engineer to develop and administer the
City's street standards; and require development projects to provide transportation improvements,
and dedicate necessary rights of way and easements. This includes a determination of the function,
safety, efficiency and coordinated future expansion needs of the roadway system to serve the
traveling public and emergency vehicles. See SVMC 22.130.030 and SVMC 22.130.070.
73. The SVMC adopts the Spokane County Standards for Road and Sewer Construction by
reference as the City's street standards ("Street Standards"). See SVMC 22.130040.
74. The Street Standards recommend that adequate vehicular and pedestrian access be provided
to all parcels of land, local access streets be designed to minimize through traffic movements and
excessive speeds, vehicular and vehicular-pedestrian conflict points be minimized, street patterns
be logical and understandable to satisfy the needs of emergency and delivery vehicles, and traffic
generators be considered and the street system be designed appropriately; in planning
transportation systems for new developments. See Section 1.03 of Street Standards.
75. The Street Standards advise that access roads allow direct access to abutting industrial,
commercial and residential lands; allow connections to the higher order road systems; offer the
lowest level of mobility, and usually contain no bus routes; and should be designed to discourage
service to through-traffic movement. See Section 1.12 of Street Standards.
76. The Street Standards give the City's senior traffic engineer wide discretion in designating the
typical roadway sections for the improvement of a city street pursuant to the standards adopted for
HE Findings, Conclusions and Decision REZ-53F-80 Page 10
the street type, based on numerous factors. This includes consideration of the road classification,
traffic volume, terrain, density of existing development and roadways, and proposed or existing
zoning or density of development; and other pertinent factors. See Section 3.03 of Street Standards.
Driveway approaches are regulated under Section 3.24 of the Street Standards.
77. Inga Note, the City's traffic engineer, advised that the 43,000 square feet of office space
developed on the site would generate an estimated 127 PM peak hour trips entering and leaving the
site, an estimated 105 of these trips would be exiting the site during a 1-hour period, and the
combined volume of trips leaving the site and the adjoining office use to the west during the PM
peak hour is a high volume for the driveway to handle. Note also advised that if the building on
the site was being proposed at the current time the, developer would be allowed to have 1-2
driveways directly accessing Sinto Avenue under the City's street standards.
78. Inga Note, in her email and during the hearing, discussed some field observations made by
City Engineering staff on the traffic flowing in and out of the site, and the west driveway approach
on adjoining land, after the east driveway approach on the site was recently restricted to emergency
access only. The observations indicated that the west driveway approach does not facilitate orderly
traffic flow for the site, and becomes congested during the PM peak hour. This is because the
driveway is curved, the driveway approach supports a large volume of exiting traffic from the site
and adjoining office building, and large groups of pedestrians walking along the north side of Sinto
Avenue cross in front of the turning traffic.
79. Inga Note in her email also noted field observations that drivers approaching the office
building on the site along Sinto Avenue are initially unable to tell that the east driveway approach
is chained or barricaded to prevent general vehicular access into the site; and end up driving to
the east driveway, stopping and performing a U-turn in the street, and heading back to the west
driveway. Note advised that this presented a safety concern. While conceding that the location
of an office building across the street from a residential neighborhood is not ideal,Note
concluded that the growth in the area, and the access rights normally granted to commercial uses
along their frontage,justified the approval of the application.
80. The east driveway approach was not chained, and allowed generally vehicular egress to Sinto
Avenue from the site and the adjoining .5-acre parcel to the east, for the past several years before
the City ordered it closed after the filing of a citizen complaint.
81. The record indicates that with or without the chain in place across the east driveway
approach, the great majority of employee traffic leaving the site, the adjoining .5-acre parcel to the
east, and the adjacent office use to the west during the PM peak hour travels west along Sinto
Avenue to the Argonne Road and Mullan Road couplet; with the remaining traffic generally going
east on Sinto to Locust Road, and turning to the north or south on Locust Road.
82. Todd Whipple, an experienced traffic engineer retained by the•applicant, provided strong
traffic engineering opinions in support of the observations made by Inga Note regarding the unsafe •
and congested character of the west driveway approach, and along Sinto Avenue, when the east
driveway approach is closed to general traffic; and supporting the removal of the chain across the
HE Findings, Conclusions and Decision REZ-53F-80 Page 11
east approach, in order to improve traffic circulation and safety at the west driveway approach, and
along Sinto Avenue.
83. Todd Whipple testified that the approval of the application would be unlikely to increase the
volume of peak hour employee traffic traveling east of the site along Sinto Avenue by more than
10%, which would not be a significant impact. This testimony was generally supported by Inga
Note at the hearing.
84. Todd Whipple presented un-rebutted expert opinion that Sinto Avenue, as a local access
street, has significantly more traffic capacity than is needed to handle the additional volume of
peak hour employee traffic traveling along Sinto between the east and west driveway approaches;
if the application is approved.
85. The traffic engineering opinions submitted by Inga Note and Todd Whipple were strongly
supported by the comments submitted by the respective managers of the office buildings located on
the site and the adjoining land to the west.
86. West Corporation advised that it currently averages 300-400 employees during a 24-hour day,
with shifts starting as early as 3:30 a.m. and other times during the day; and employees Ieaving
after an 8-hour shift as late as 10:00 p.m.
87. West Corporation advised that chaining the east driveway approach has caused traffic
congestion during employee peak arrival and departure times, leading to safety issues; such action
has caused a major inconvenience for Iarge truck vendors and emergency vehicles; and the narrow
entrance and curve radius associated with the west driveway approach can present a safety hazard
during the winter months. See letter dated 8-25-11 from Joseph Rugan, and testimony of Joseph
Rugan, Richard Fink and Dan Cantu.
88. The concerns submitted by neighboring residents regarding the conduct of West Corporation
employees are generally not relevant to the review of the application; aside from the driving
behavior by such employees at the east driveway approach and along Sinto Avenue that may
jeopardize the safety of pedestrians, students waiting for the bus, and resident drivers.
89. The traffic safety and congestion concerns expressed by the applicant, the owner of the
adjoining commercial properties to the west, the City traffic engineer, and Fire District 1 regarding
restricting the east driveway approach to emergency access significantly outweigh the traffic safety
and congestion concerns of neighboring residents associated with lifting such restriction.
90. The application does not propose any new construction, and proposes only the removal of a
chain barricade from the east driveway approach Iocated on the site. Such action is exempt from
the State Environmental Policy Act and the SVMC Chapter 21.20 (State Environmental Policy
Act), pursuant to WAC 197-11-800(2)(c) and SVMC 21.20.040. •
91. The approval of the application will have no impact on sanitary waste disposal or public
water supplies. There is no evidence in the record that the approval of the application will
HE Findings, Conclusions and Decision REZ-53F-80 Page 12
materially change the traffic volumes and flow patterns in the PM peak hour at area intersections.
Accordingly, the application is exempt from transportation, sewer and water concurrency review
under SVMC Chapter 22.20.
92. Except as qualified and noted above, the Staff Report properly analyzed and found the
application to be consistent with the rezone criteria set forth in SVMC 19.30.030(B), and the
Comprehensive Plan.
Based on the above Findings of Fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. RCW 36.70B.030 provides that fundamental land use planning choices made in adopted
comprehensive plans and development regulations shall serve as the foundation for project review;
and that the review of a proposed development's consistency with applicable development
regulations, or in the absence of pertinent development regulations, the policies of the adopted
comprehensive plan, shall govern the type of land use, density of residential development in urban
growth areas, the availability and adequacy of public facilities identified in the comprehensive plan
if the plan or development regulations provide for funding of such facilities under the State Growth
Management Act, and other features of the development.
2. Under Washington case law, a local zoning code supersedes any conflicting policies in a
local comprehensive plan.
3. The application meets the concurrency requirements of SVMC Chapter 22.20.
4. The application is consistent with the Comprehensive Plan.
5. The application bears a substantial relationship to the public health, safety and welfare.
6. The application is warranted in order to achieve consistency with the Comprehensive Plan,
and is appropriate for the reasonable development of the property.
7. The site is adjacent and contiguous to property having the same C District zoning.
8. The application will not be materially detrimental to uses or property in the immediate
vicinity of the site.
9. The application has merit and value for the community as a whole.
10. The application complies with the criteria set forth in SVMC 19.30.030, as applicable to a
change of conditions application. Such criteria is the most applicable criteria for review of the
application, assuming a change of conditions is needed to allow general vehicular access from the
site and adjoining land through the east driveway approach located on the site.
HE Findings, Conclusions and Decision REZ-53F-80 Page 13
11. The application cannot be applied to the adjoining .5-acre parcel lying east of the site;
because such parcel was never part of the 1980 rezone of the site and the adjoining land to the
west, and the conditions of the 1980 rezone and the 1997 change of conditions were never
applicable to such parcel.
12. The conditions of approval of the 1980 rezone, as modified by the 1997 change of conditions •
may not apply to the C District zoning of the site; if the City official zoning map adopted in 1997
contained no provisions that preserved such conditions. If such conditions are applicable to the
site, the current application should be approved.
13. The approval of the change of conditions application is appropriate under SVMC 17.80.130.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the above application for a
change of conditions is hereby approved to allow general vehicular access to Sinto Avenue from
the east driveway approach located on the site.
DATED this 24th day of October, 2011
CITY HEARING EXAMINER PRO TEM
4471(17
Micha C. Dempsey, WSBA #82
HE Findings, Conclusions and Decision REZ-53F-80 Page 14
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code (SVMC), the
decision of the Hearing Examiner on an application for a change of conditions application, as
reviewed under the criteria for a site-specific amendment to the City of Spokane Valley
zoning map (i.e. site specific rezone), is final and conclusive unless within fourteen (14) from
the date the Examiner's decision was mailed, a party with standing appeals the decision to
the Spokane Valley City Council pursuant to Section 17.90.070 of the SVMC.
This decision was mailed by regular mail to the Applicant, and to all government
agencies and persons entitled to notice under Section 17.80.130(4) of the SVMC, on October
24, 2011. THE APPEAL CLOSING DATE IS NOVEMBER 7, 2011.
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; and may be inspected by
contacting staff assistant Kristine Chase at (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 8:00 a.m. and 4:30 p.m. After the appeal period (unless an appeal is timely filed),
the file may be inspected at the City of Spokane Valley Department of Community
Development-Planning Lori Barlow at(509) 921-1000. Copies of the documents in the record
will be made available at the cost set by the City of Spokane Valley.
Pursuant to RCW 36.70B.130, affected property owners may request a change in
valuation for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision REZ-53F-80 Page 15