ZE-98A-84 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Change of Conditions to a Prior Zone )
Reclassification, in the Light Industrial (1-2), ) FINDINGS OF FACT,
Regional Business (B-3), and Urban ) CONCLUSIONS OF LAW,
Residential-22 (UR-22) Zones; ) AND DECISION
Applicant: Divcon, Inc. )
File No. ZE-94A-84 )
I. SUMMARY OF DECISION
Hearing Matter: Application for a change of conditions to a prior zone reclassification; in the I-
2, B-3 and UR-22 zones.
Summary of Decision: Approve application for site, subject to conditions of approval.
II. FINDINGS OF FACT
1. The application in the above file requested changes to the conditions of approval imposed by
prior zone reclassifications approved for approximately 56 acres of land, in File No. ZE-94-84;in
the Light Industrial(I-2), Urban Residential-22 (UR-22) and Regional Business (B-3) zones.
2. The site is located east of and adjacent to Pines Avenue (State Route No. 27), north of and
adjacent to Mirabeau Parkway, southwest of the Spokane River, and southeast of a railway; in
Spokane Valley, Washington. The property is situated in the SW 1/4 of Section 3, Township 25N,
Range 44 EWM of Spokane County, Washington.
4. The site is currently referenced as County Assessor's tax parcel nos. 45033.0601-
45033.0603, 45033.0702, 45033.0713, 45033.0715—45033.0720, 45033.0801 —45033.0814,
45033.9025, and 45033.9130.
5. The applicant is Divcon, Inc., c/o John Miller, N. 10220 Nevada, Suite 60, Spokane, WA
99218. The site owners are Grumco LLC and Pinecroft LLC, 12310 Mirabeau Parkway, Suite
150, Spokane Valley, WA 99216.
6. On March 26, 2007, the applicant submitted a complete application for a change of
conditions in the above file. On the same date, the applicant submitted an application to rezone
2.54 acres of the site, comprised of parcels nos. 45033.9025 and 45033.9130, from the B-3 and
UR-22 zones, respectively, to the I-2 zone; in File No. REZ-06-07.
7. The application in File No. REZ-06-07 also included a request to rezone parcel nos.
45033.9024 and 45033.9042, comprised of 4.28 acres, from the UR-3.5 zone to the I-2 zone.
BE Findings, Conclusions and Decision ZE-94A-84 Page 1
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8. On July 6, 2007, the Spokane Valley Community Development Department-Planning
Division issued a Determination of Nonsignificance (DNS) for the application. The DNS was not
appealed.
9. On August 23, 2007, the Hearing Examiner conducted a consolidated public hearing on the
application in the above file and the rezone application in File No. REZ-06-07. The notice
requirements for the public hearing were met.
10. The following persons testified at the public hearing:
Chaz Bates, Contract Planner Greg McCormick, Planning Manager
Spokane Valley Community Development Spokane Valley Community Development
Department, Planning Division Department, Planning Division
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Micki Harnois, Planner John Miller
} Spokane Valley Community Development 5817 E. Burnhill Road
Department, Planning Division Colbert, WA 99005
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
11. The Hearing Examiner conducted the hearing in accordance with Chapter 10.35 of the
Spokane Valley Municipal Code (SVMC), and the City Hearing Examiner Rules of Procedure.
12. The Hearing Examiner takes notice of the Spokane Valley Comprehensive Plan, City
Interim Zoning Code, City Uniform Development Code, City Phase 1 Development Regulations,
Municipal Code, other applicable development regulations, and prior land use decisions in the
vicinity.
13. The record includes the documents in the file 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.
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14. On December 13, 1984, Spokane County rezoned approximately 70 acres of land, including
the site, to various zones under the former County Zoning Ordinance, in File No. ZE-94-84;
subject to numerous conditions of approval. This was for the purpose of developing a business
park.
15. Effective January 1, 1991, the Spokane County Hearing Examiner Committee reclassified
the zoning of the site to the I-2, UR-22 and B-3 zones, subject to numerous conditions of
approval; pursuant to the Program to Implement the Spokane County Zoning Code.
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g 16. The Program to Implement the Spokane County Zoning Code preserved the conditions of
il I approval imposed by prior zoning actions that were more restrictive or specific than the standards
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of the new zones applicable to specific property. This included the conditions imposed on the site
by the 1984 rezone.
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17. On March 31, 2003, the City of Spokane Valley was incorporated, which incorporation
applied to the site and neighboring 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 County development regulations, with certain revisions. The City retained
the zoning of the site and neighboring properties under the County zoning map.
18. On May 10, 2006, the City implemented a new City Comprehensive Plan ("Comprehensive
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Plan"), pursuant to City Ordinance No. 06-010. The City Phase I Development Regulations were
revised to implement the Comprehensive Plan, pursuant to City Ordinance No. 06-011.
19. The site is relatively flat in topography, contains a large office building on an 11.24-acre
parcel that borders the north side of Mirabeau Parkway, contains a small building on a 2.41-acre
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parcel in the northwest part of the site, and is otherwise undeveloped.
20. The site is part of Binding Site Plan No. 03-03, except the portion proposed to be rezoned.
The applicant proposes to develop the site, and the additional 4.28 acres of land to be rezoned in
REZ-06-07, under the 1-2 zone. Such land would be developed as part of Pinecroft Business
Park; would have similar buildings, landscaping and parking areas; and may develop up to 1.26
million square feet of new building area.
21. The northeast portion of the site lies a varying distance of 160-400 feet from the Spokane
River. The City Shorelines Master Program designates the 200-foot shoreline area in the Pastoral
category. The Program prohibits commercial and industrial development in the Pastoral Area.
22. The site is designated in the Mixed Use category of the Comprehensive
23. The City Critical Areas Ordinance designates the Spokane River as a DNR Type 1 stream,
with a standard 250-foot riparian buffer. The Critical Areas Ordinance requires the riparian buffer
area to be maintained in its natural state, with certain limited exceptions.
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24. City Critical Areas maps designate Urban Natural Open Space priority wildlife habitat on the
site. The Washington State Department of Fish and Wildlife was not given notice of the
application, or the DNS issued for the application.
25. The City Arterial Street Plan designates Mirabeau Parkway as a Collector street. Pines
Road(SR-27) and Trent Road(SR-290) are 5-lane state highways in the area.
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26. The current application seeks to modify County Planning conditions #2 and 10, and to
delete condition#s 1, 4, 5 and 8; on pages 2 and 3 of the County Hearing Examiner Committee's ,
decision.
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27. The Staff Report recommended approval of the application, on the basis that the City
Shoreline Master Program, and the standards of the 1-2 zone, provided adequate regulation for
the future development of the site.
28. The I-2 zone is an implementing zone for the Mixed Use category of the City
Comprehensive Plan, under the City Phase 1 Development Regulations.
29. The City Interim Zoning Code indicates that the purpose of the 1-2 zone is to meet the needs
for industrial land identified in the Comprehensive Plan; the industrial uses included in such zone
were processing, fabrication, light assembly, freight handling and similar operations of a non-
offensive nature; the intent of the 1-2 zone is to allow for such uses by making them compatible
with surrounding uses; and areas zoned 1-2 are to be served by a high level of public services and
urban infrastructure. See Zoning Code 14.632.100.
30. The 1-2 zone contains development, storage, screening and landscaping standards that are
intended to buffer industrial uses from neighboring land uses and ensure the aesthetic
development of such uses.
31. On August 17, 1999, Spokane County approved the rezone of approximately 106 acres of
land to the I-2 zone of the former County Zoning Code; for the development of recreational
facilities, a business park, various commercial uses and those uses allowed in the I-2 zone. Such
acreage included two (2) disconnected pieces of land, i.e. a 17.3-acre north piece located mostly
along the south side of Mirabeau Parkway, across from the site; and an 88.5-acre south piece
located north of the Union Pacific Railway and Indiana Avenue, on both the east and west sides of
Mirabeau Parkway.
32. The land located along the south side of Mirabeau Parkway in the vicinity, and along the
east side of Pines Road south of the site, has recently been developed with attractive light
industrial/office uses under the 1-2 zone. A binding site plan was approved for portions of such
land, in File No. BSP-78-01.
33. An elementary school is located west of the site, across Pines Road. The Spokane
Centennial Trail, vacant land and a railway are located north and east of the site.
34. In January of 2007, a thorough cultural resources survey was performed on the site and
submitted on behalf of the applicant. The survey found that cultural resources eligible for listing
on the National Register of Historic Places (NRHP) had been identified near the site in the past,
the site contained a previously recorded cultural resource that was not eligible for listing in the
NRHP, and it was unlikely that any additional cultural resources would be identified during
development of the site.
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35. No public comments were received in response to the application. Public agencies generally
indicated that approval of the application would have no impact on public services, and that
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impacts from development of the site as planned by the applicant would be addressed at the time
of building permit application.
36. The Spokane Tribe of Indians requested that the site be monitored during construction to
ensure the protection of any cultural resources that may be found. The tribe's concerns can be
addressed through a condition that requires prompt notification of the City in the event any
cultural resources are found on the property.
37. The site is served with public sewer and water.
38. Since approval of the application will have little impact, the application meets the sewer,
water and transportation concurrency requirements of the City Phase I Development Regulations.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. A change of circumstances has occurred in the area since the previous change of conditions
for the property to warrant approval of the change of conditions.
2. Approval of the change of conditions request is consistent with the City's Comprehensive
Plan; and bears a substantial relationship to, and/or will not be detrimental to, the public health,
safety or welfare.
3. The procedural requirements of the State Environmental Policy Act and the City's Local
Environmental Ordinance have been met. The proposal will not have a significant, probable,
adverse impact on the environment.
4. The change of conditions, as approved, complies with the I-2 zone, other relevant
provisions of the City Interim Zoning Code, the City Phase I Development Regulations, and other
applicable development regulations.
5. Some rewording of the revised conditions proposed by the City Planning Division is
warranted, as indicated below.
6. Approval of the change of conditions, as restricted by the Examiner, is appropriate under
the City Zoning Code; and under Chapter 10.35 of the SVMC.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the above application for a
change of conditions to the conditions of approval imposed in File No. ZE-94-84 is hereby
approved, as reflected in the conditions of approval set forth below.
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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.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. All conditions of the decision dated December 13, 1984 in File No. ZE-94-84 shall continue
to apply to the site, subject to the changes approved below,
2. Condition (a)(2) on page 3 of the decision shall be revised to read: "The site shall be
developed in conformance with the City of Spokane Valley Shoreline Master Program and City
Critical Areas Ordinance, as applicable."
3. Condition(a)(10) on page 3 of the decision shall be revised to read as follows: "A
landscape plan shall be submitted and approved by the City of Spokane Valley Planning
Division, and landscaping shall be installed in accordance with the approved landscape plan;
all pursuant to the landscaping requirements of Chapter 14.806 of the Interim Zoning Code, as
amended."
4. Conditions (a)(1), (a)(4), (a)(5) and(a)(8) on pages 2-3 of the decision shall be deleted.
5. Upon the discovery of potential or known archaeological resources at the subject
properties prior to or during future on-site construction, the developer, contractor, and/or any
other parties involved in construction shall immediately cease all on-site construction, shall act
to protect the potential or known historical and cultural resources area from outside intrusion,
and shall notify, within a maximum period of 24 hours from the time of discovery, the City of
Spokane Valley Community Development Department and the Spokane Tribe of Indians of said
discovery.
DATED this 27th day of December, 2007
CITY HEARING EXAMINER PRO TEM
Micha4 C. Dempsey, WSBA#:
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NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 10.35 of the Spokane Valley Municipal. Code (SVMC), the decision of
the Hearing Examiner on a change of conditions application is final and conclusive unless within
twenty-one (21) calendar days from the issuance of the Examiner's decision, a party with standing
files a land use petition in superior court pursuant to chapter 36.70C RCW. Pursuant to chapter
36.70C RCW, the date of issuance of the Hearing Examiner's decision is three (3) days after it is
mailed.
This Decision was mailed by Certified Mail to the Applicant, and by first class mail to other
parties of record, on December 27, 2007. The date of issuance of the Hearing Examiner's decision
is therefore December 31, 2007, counting to the next business day when the last day for mailing falls
on a weekend. THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR
COURT BY LAND USE PETITION IS JANUARY 20, 2008.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-7490. The file may be
inspected during normal working hours, listed as Monday- Friday of each week, except holidays,
between the hours of 8:30 a.m. and 5:00 p.m. 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. Copies of the documents in the
record will be made available at the cost set by City of Spokane Valley Ordinance.
Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
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