REZ-27-06 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Rezone from the )
Light Industrial (I-2) and Heavy Industrial ) FINDINGS OF FACT,
(I-3) Zones to the Regional Business (B-3); ) CONCLUSIONS OF LAW,
Applicant: Dwight Hume ) AND DECISION
File No. REZ-27-06 )
I
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone, from the I-2 zone and I-3 zone to the B-3 zone.
Summary of Decision: Approval, subject to conditions.
H. FINDINGS OF FACT
1. The application seeks approval of a zone reclassification from the Light Industrial(L-2) zone
and the Heavy Industrial(I-3) zone to the Regional Business (B-3) zone; on approximately 26 acres
of land.
2. The site lies north of and adjacent to Sprague Avenue, approximately .2 miles east of
Havana Road and approximately .4 miles west of Fancher Road; and is situated in the South 1/2 of
Section 14, Township 25N, Range 43 EWM of Spokane County, WA.
3. The site includes the land currently referenced as County Assessor's tax parcel nos.
35144.9091, 35144.0101, 35143.0205, 35143.0206, 35143.0403, 35143.0404, 35143.0405,
35143.0406, 35143.0407 and 35143.0414; and also includes a portion of the "railroad operating
property" located west of tax parcel no. 35144.9091 and north of the other referenced tax parcels,
which has no assigned parcel number. See County Assessor's map for S1/2 of Section 14.
4. The site is legally described and its boundaries depicted in Exhibit#13 submitted at the
public hearing; in exhibit B attached to the letter dated January 25, 2007 from Dwight Hume to
the City of Spokane Valley Community Development Department-Planning Division("City
Planning Division").
5. The applicant is Dwight Hume, 9101 N. Mt. View Lane, Spokane, WA 99218. The
owners of the site are OWR&N Co., dba Union Pacific Railroad Company, do Mark
Stevenson, Director-Real Estate, 1400 Douglas St. Stop 1690, Omaha, NE 68179-1690; William
Banks, P.O. Box 30519, Spokane, WA 99223; and General Equities, Inc., do Keith Scribner,
P.O. Box 30519, Spokane, WA 99223.
6. On September 29, 2006, the applicant submitted a complete application for a zone
reclassification to the City Planning Division("City Planning Division") in the above file, for 54
acres of land that included the current site of 26 acres and additional land located to the north and
HE Findings, Conclusions and Decision REZ-27-06 Page 1
fi
west. The applicant also applied for a boundary adjustment, which would make the portion of the
site located north of the retail uses located along Sprague Avenue a separate parcel of 22.98
acres.
7. On December 7, 2006, the City Planning Division issued a Determination of Nonsignificance
(DNS) for the proposed rezone of 54 acres. The DNS was not appealed.
8. On January 25, 2007, the Hearing Examiner conducted a public hearing on the proposed
rezone of 54 acres. The notice requirements for the public hearing were met. The Examiner
conducted a site visit on January 25, 2007, prior to the public hearing.
9. At the public hearing, the applicant requested that the rezone application be amended so that
it applied only to the revised site of approximately 26 acres. See Exhibit#13. At the conclusion
of the hearing, the Examiner gave oral approval to the revised application, subject to the entry of
a written decision.
10. The Hearing Examiner heard the proposal pursuant to Chapter 10.35 of the Spokane Valley
Municipal Code (SVMC), and the City Hearing Examiner Rules of Procedure.
11. The following persons testified at the public hearing:
Chaz Bates, Contract Planner Dwight Hume
Spokane Valley Community Development Dept. 9101 N. Mt View Lane
11707 E. Sprague Avenue, Suite 106 Spokane, WA 99218
Spokane Valley, WA 99206
12. The Hearing Examiner takes notice of the City Comprehensive Plan, City Interim Zoning
Code, City Phase I Development Regulations, City official zoning maps for the area and
Municipal Code; other applicable development regulations; and prior land use decisions in the
vicinity.
13. The record includes the documents in File No. REZ-27-06 at the time of the public hearing,
the documents and testimony submitted at the public hearing, and the items taken notice of by the
Hearing Examiner.
14. The site is approximately 26 acres in size and relatively flat in topography. The site includes
various retail uses located along the north side of Sprague Avenue, zoned I-2; and includes
approximately 23 acres of"railroad operating property" lying northerly of such retail uses and
other retail uses located along the north side of Sprague Avenue, which acreage is zoned I-3 and
is being phased out of service.
15. The "existing conditions" site plan submitted on September 29, 2006 illustrates the existing
uses on the site, the remainder of the original rezone site, and nearby properties. The proposed
rezone does not include a specific site plan for development. However, the applicant indicated
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that a large-scale retail use (Walmart/Sam's Club store) and a bank are planned for the site. See
testimony of Dwight Hume.
16. Effective January 1, 1991, County reclassified the zoning of the portion of the site fronting
along Sprague Avenue, and other neighboring land located along the north side of Sprague
Avenue, to the I-2 zone; reclassified the zoning of the remainder of the site and other neighboring
land to the I-3 zone; and reclassified the zoning of the land located along the south side of
Sprague Avenue in the area to the B-3 zone; all pursuant to the Program to Implement the
Spokane County Zoning Code, a county-wide rezoning effort. See County Resolution No. 85-
0900.
17. In 1995, the County approved the rezone of several acres of land located between the
portion of the site zoned I-3 and Fancher Road, and a small area of adjoining land located directly
south of the east end of the site, to the B-3 zone. A change of conditions was approved regarding
such rezone decision later in 1995. See decisions in File Nos. ZE-31-95 and ZE-31A-95.
18. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA) boundaries and Phase I Development Regulations; pursuant to the
State Growth Management Act. See County Resolution Nos. 2-0037 and 2-0470.
19. The County Phase I Development Regulations retained the I-2 and I-3 zoning of the site,
and the zoning of other neighboring properties.
20. On March 31, 2003, the City of Spokane Valley was incorporated, which includes the
subject property and surrounding land. On the same date, the City adopted by reference, as City
land use controls, the County's Comprehensive Plan, Zoning Code, Phase I Development
Regulations and other development regulations, with certain revisions.
21. The City Interim Comprehensive Plan("Comprehensive Plan") retained the land use
designations established under the County Comprehensive Plan for the site and neighboring land.
The City Phase I Development Regulations retained the zoning of the site and neighboring land
established under the County Phase I Development Regulations.
22. On May 10, 2006, the City implemented a new Comprehensive Plan, pursuant to City
Ordinance No. 06-010, The City Phase I Development Regulations were updated to implement
the Comprehensive Plan, but did not implement any new zoning. See City Ordinance No. 06-011.
23. The City Comprehensive Plan designated the site and other neighboring land in the Regional
Commercial category; except for the land lying south of Sprague Avenue and the site, between
Havana Street and Carnahan Road, which is designated in the Community Commercial category.
24. The land lying directly north, west, northwest and northeast of the site is zoned I-3 and
consists of railroad yard property operated by Union Pacific Railroad Company. Further to the
north, the land is designated in the Public/Quasi-Public category of the Comprehensive Plan, and
BE Findings, Conclusions and Decision REZ-27-06 Page 3
consists of the Spokane County Fairgrounds. The City of Spokane is located west of Havana
Street in the area.
25. The land to the east lying between Fancher Road and the portion of the site not fronting
along Sprague Avenue is zoned B-3, and consists of large-scale retail uses (including Costco and
Home Depot stores).
26. The land located along the north side of Sprague Avenue in the area, including portions of
the site, is zoned I-2 and consists of smaller-scale retail and service uses. The land located along
the south side of Sprague Avenue in the area is zoned B-3 and generally consists of smaller-scale
retail and service uses.
27. The City Arterial Road Plan designates Sprague Avenue and Fancher Road as Urban
Principal Arterials, and Havana Street as an Urban Minor Arterial. Interstate 90 is located a few
blocks south of Sprague Avenue. The site is served by public transit, and public sewer and water.
28. The only public comments regarding the proposal were submitted by the owners (Frank and
Sherry Knott) of property located south of the site along the south side of Sprague Avenue, who
expressed support for the rezone. See Exhibit#14.
29. The City Phase I Development Regulations require a proposed rezone to be consistent with
the implementing zone(s) specified in such regulations for the Comprehensive Plan category in
which the rezone site is designated. The B-3 zone is an implementing zone for the Regional
Commercial category of the Comprehensive Plan.
30. The purpose of the B-3 zone is to provide for a wide range of retail and service activities,
which typically draw customers from the region at large; often require large areas for customer
parking, retail service and outdoor activities; are served by a high level of public services, and are
located along a Principal Arterial. See Zoning Code 14.628.100.
31. The Staff Report does not discuss the consistency of each parcel included in the proposed
rezone, and the existing uses on such parcels, with the development standards of the B-3 zone.
32. Two (2) of the parcels (35143.0404 and 35143.0405) included in the proposed rezone do
not meet the minimum lot size of 6,000 square feet required in the B-3 zone; and some of the
existing uses on the parcels included in the proposed rezone may not conform to the development
standards of the B-3 zone in other respects. Such nonconformities may have to be addressed
during the building permit and change of use processes, if changes to such uses are proposed.
33. The Staff Report sets forth the purpose of the Regional Commercial category and pertinent
policies of the Comprehensive Plan. This includes Policy LUP-3.2 of the Comprehensive Plan,
which encourages large bulk retailers to locate in designated Regional Commercial nodes located
around arterial road intersections.
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34. Policy LUP-3.1 of the Comprehensive Plan encourages the transformation of the portions of
Sprague Avenue designated in the Regional Commercial category(and Community Commercial
category) into a quality mixed-use retail area;with retail development along the corridor
concentrated at arterial road intersections and designed to integrate auto, pedestrian and transit
circulation; and with the integration of public amenities and open space into retail and office
development where possible.
35. The County Division of Utilities and Spokane County Water District#3 certified the
availability of public sewer and water to the site, respectively. The site is already connected to
public sewer. The County Utilities conditions of approval indicate that the developer of the site
plans to make future connections to the County sewerage system, although a portion of the
property is served by the City of Spokane, which would have to release such area to the County
for sewer service.
36. Proposed rezones without a site plan for future development are exempt from the
transportation concurrency requirements of the City Phase I Development Regulations. The City
Public Works Department indicated that mitigation for traffic impacts would be deferred until the
time of commercial building permit application.
37. The proposal meets the sewer, water and transportation concurrency requirements of the
Phase I Development Regulations.
38. The B-3 zone is a logical zone for the site, considering its location along Sprague Avenue,
which is a designated Urban Principal Arterial, and a major transportation and commercial
corridor in the City; the proximity of the site to Interstate 90; the existing commercial uses on the
site; the proximity of the site to large-scale retail uses and other intensive commercial uses; and
the high level of public services available to the site.
39. The Staff Report found the proposed rezone to be consistent with the Comprehensive Plan,
and recommended approval of the proposal. The Examiner concurs with the analysis in the Staff
Report, as supplemented herein.
40. No public agencies objected to the proposal or its environmental impact. Future
development on the site will be required to address any environmental impacts associated with
such developments, and comply with concurrency requirements. The proposed rezone will not
have more than a moderate effect on the quality of the environment, and will be reasonably
compatible with neighboring land uses.
41. Changed conditions have occurred in the area since the zoning of the site was reclassified to
the I-2 zone in 1991. This includes road improvements and the extension of public sewer along
Sprague Avenue, the intensification of commercial development along Sprague Avenue,
incorporation of the City of Spokane Valley, adoption of the City Comprehensive Plan, and
adoption of the City Phase I Development Regulations.
BE Findings, Conclusions and Decision REZ-27-06 Page 5
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The City Interim Zoning Code authorizes a site-specific amendment to the City's official
zoning map (i.e. a rezone), if the amendment is consistent with the Comprehensive Plan and is not
detrimental to the public welfare. See Zoning Code 14.402.020(1); and references to Zoning
Code 14.402.020(1) in Zoning Code 14.402.020 and Zoning Code 14.402.160.
2. Washington case law requires the proponent of a rezone to establish, by a preponderance of
the evidence, that the proposed rezone bears a substantial relationship to the public health, safety
or general welfare; and that a substantial change of circumstances has occurred in the area.
However, proof of a substantial change of circumstances is not required if the rezone implements
the comprehensive plan of the local government.
3. The proposed rezone complies with the requirements of the City Phase I Development
Regulations.
4. The proposed rezone, as conditioned, bears a substantial relationship to, and will not be
detrimental to the public health, safety or welfare.
5. The procedural requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met. The proposal, as conditioned,will not have a
significant, probable adverse impact on the environment.
6. The proposed rezone is conditioned for compliance with the City Zoning Code.
7. A substantial change of circumstances has occurred in the area since the site was last zoned.
8. Approval of the proposed rezone is appropriate under Chapter 14.402.020(1) of the City
Zoning Code, and Chapter 10.35 of the City Municipal Code.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
zone reclassification to the Regional Business (B-3) zone is hereby approved, subject to the
conditions of the various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
This approval does not waive the applicant's obligation to comply with all other
requirements of other public agencies with jurisdiction over land development.
HE Findings, Conclusions and Decision REZ-27-06 Page 6
Conditions of Approval
SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT-PLANNING
DIVISION
1. The Spokane Valley Interim Zoning Map shall be updated to specify a Regional Business
(B-3) zone designation for the site.
SPOKANE COUNTY DIVISION OF UTILITIES
2. The applicant proposes to connect the project to the Spokane County Sanitary Sewer
System. However, a majority of the project lies in the City of Spokane Sewer Service Area. The
applicant needs to contact the City of Spokane to make arrangements to release the area.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
3. Dust emissions during demolition, construction, and excavation projects must be controlled.
This may require the use of water sprays, tarps, sprinklers or suspension of activity during certain
weather conditions.
4. Measures must be taken to avoid the deposition of dirt and mud from unpaved surfaces onto
paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately
to clean these surfaces.
5. Debris generated as a result of this project shall be disposed of by means other than burning.
6. If objectionable odors result from this project, effective control apparatus and measures
must be taken to reduce odors to a minimum.
7. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
8. A Notice of Construction and Application for Approval is required to be submitted and
approved by SCAPCA prior to the construction, installation, or establishment of an air pollution
source. This includes emergency generators rated at 500 hp (375 kW) or higher, natural gas
heating equipment units rated at 4 MMBTU/hr or higher (input), and heating equipment units
fired with other fuels (e.g. diesel) rated at 1 MMBTU/hr(input) or higher. Contact SCAPCA for
a Notice of Application.
9. A Notice of Intent must be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application.
HE Findings, Conclusions and Decision REZ-27-06 Page 7
10. SCAPCA strongly recommends that all traveled surfaces (i. e. ingress, egress, parking areas,
access roads, etc.) be paved and kept clean to minimize dust emissions.
WASHINGTON STATE DEPARTMENT OF ECOLOGY
11. Proper erosion and sediment control practices must be used on the construction site and
adjacent areas to prevent upland sediments form entering surface water. Local stormwater
ordinances will provide specific requirements. Also refer to the Stormwater Management Manual
for Eastern Washington. All ground disturbed by construction activities must be stabilized. When
appropriate use vegetation typical of the site.
12. All new dry wells and other injection wells must be registered with the Underground
Injection Control Program(UIC) at Department of Ecology prior to use and the discharge form
the well(s) must comply with the ground water quality requirement(nonendangerment standard)
at the top to the ground water table.
13. Stormwater runoff may contain increased levels of grease, oils, sediment, and other debris.
Stormwater Best Management Practices (BMPs) should be installed and maintained so that any
discharge will be appropriately treated to remove these substances.
14. Dumpsters and refuse collection containers shall be durable, corrosion resistant,
nonabsorbent, nonleaking, and have close fitting covers. If spillage or leakage does occur, the
waste shall be picked up immediately and returned to the container and the area properly cleaned.
15. Routine inspections and maintenance of all erosion and sediment control Best Management
Practices (BMPs) are recommended both during and after development of the site.
16. The owner must ensure that any prospective commercial or industrial tenant of a facility
served by an on-site septic tank and drainfield system has obtained all necessary approvals and
permits form the Department of Ecology or the local health department before assurances of
occupancy or permission to modify the terms or occupancy can be given.
17. The operator of the construction site that disturbs one acre or more of total land area, and
which has or will have a discharge of stormwater to a surface water or to a storm sewer, must
apply for coverage under Department of Ecology's Baseline General Permit for Stormwater
Discharges Associated with Construction Activities.
18. Owners of sites where less than one acre of total land area will be disturbed must also apply
if the construction activity is part of a larger plan of development or sale in which more than one
acre will eventually be disturbed. Discharge of stormwater form such sites without a permit is
illegal and subject to enforcement action by the Department of Ecology.
19. Application should be made at least 60 days prior to commencement of construction
activities.
HE Findings, Conclusions and Decision REZ-27-06 Page 8
SPOKANE COUNTY WATER DISTRICT#3
20. Prior to the issuance of a building permit, improvements to the water system, including the
construction of a distribution system, are required.
DATED this 12th day of March, 2007
CITY HEARING EXAMINER PRO TEM
744
Michael C. Dempsey, WSBA#:235 ro
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
{
Pursuant to Section 10.35.150 of the City of Spokane Valley Municipal Code (SVMC), as
amended, the decision of the Hearing Examiner on an application for a zone reclassification is
final and conclusive unless within fourteen(14) calendar days from the Examiner's written
decision, a party with standing files an appeal of the decision with the City Council of the City of
Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane Valley, Washington; in
accordance with all the requirements of SVMC#10.35.150.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on March 12, 2007. THE APPEAL CLOSING DATE IS MARCH 26,
2007.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-7490. After the appeal period,
the file may be inspected at the City of Spokane Valley Department of Community Development,
Division of Current Planning, 11707 E. Sprague Avenue, Spokane Valley, WA, (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-27-06 Page 9