REZ-34-06 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification, )
from the B-2 zone to the B-3 Zone; ) FINDINGS OF FACT,
Applicant: Baker Construction&Dev. ) CONCLUSIONS OF LAW,
File No. REZ-34-06 ) AND DECISION
)
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone, from the B-2 zone to the B-3 zone.
Summary of Decision: Approval, subject to conditions.
H. FINDINGS OF FACT
1. The application in the above file seeks approval of a rezone from the Community Business (B-
2) zone to the Regional Business (B-3) zone, on approximately 1.15 acres of land.
2. The site is located at the northeast corner of the intersection of Pines Road(State Route No.
27) and Mission Avenue, south of and adjacent to Nora Avenue, in Spokane Valley, WA. The
property is situated in the SW 1/4 of Section 10, Township 25N, Range 44 EWM in Spokane
County, WA.
3. The site is currently referenced as County Assessor's tax parcel no. 45103.0224. The
property is legally described on the site plan submitted on October 24, 2006.
4. The applicant for the proposed rezone and the owner of the site is Baker Construction&
Development, Inc., 2711 E. Sprague Avenue, Spokane, WA 99202.
5. On October 24, 2006, the applicant submitted a complete application for a rezone to the
City Department of Community Development-Planning Division("City Planning Division").
6. On January 26, 2007, the City Planning Division issued a Determination of Nonsignificance
(DNS) for the application. The DNS was not appealed.
7. On March 8, 2007, the Hearing Examiner conducted a public hearing on the application.
The notice requirements for the public hearing were met.
8. 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.
HE Findings, Conclusions and Decision REZ-34-06 Page 1
9. The following persons testified at the public hearing:
Micki Harnois, Associate Planner Joe Stoy
Spokane Valley Community Development Dept. 2711 E. Sprague Avenue
11707 E. Sprague Avenue, Suite 106 Spokane, WA 99202
Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
Phase I Development Regulations, Interim Zoning Code, official zoning maps, and Municipal
Code; other applicable development regulations; and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-34-06 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.
12. The site is approximately 1.15 acres in size. The north edge of the site slopes downward
steeply to the north boundary of the site, adjacent to Nora Avenue. The remainder of the
property is relatively flat in topography,with a slight downward slope from south to north.
13. The site is undeveloped; except for a paved parking area located in the south portion of the
site, which has cross access to an office use located to the east.
14. The applicant plans to develop the site with a 3-story bank building, as illustrated on the site
plan of record, if the rezone is approved. Review of the proposed rezone does not take into
consideration the site plan or the proposed use of the site.
15. Effective January 1, 1991, Spokane County reclassified the zoning of the site and a small
parcel of land located directly east of the site to the B-2 zone; pursuant to the Program to
Implement the Spokane County Zoning Code, a county-wide rezoning effort.
16. In 1994, the County approved a rezone of a parcel of land located at the southeast corner of
the intersection of Mission Avenue and Pines Road(SR-27) to the B-3 zone. See decision in File
No. ZE-36-94.
17. In 1995, the County approved a rezone of a parcel of land located two (2) parcels east of
the site, along the north side of Mission Avenue, to the B-3 zone. See decision in File No. ZE-
23-95.
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 zoning of the site and
neighboring properties.
HE Findings, Conclusions and Decision REZ-34-06 Page 2
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. On May 10
y 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.
22. The City Comprehensive Plan designates the site, the adjacent parcel to the east, and the
land located west of the site (north of Mission Avenue) in the Regional Commercial category of
the Comprehensive Plan. The land located further east of the site, the land located southwest of
the site, and the land located south and southeast of the site is designated in the Office category.
23. The land located at the other three (3) corners of the intersection of Pines Road(SR-27) and
Mission Avenue is zoned B-3 and developed with commercial uses. Additional commercial uses
and zoning are located along Pines Road(SR-27) to the south.
24. Medical and professional office uses, on land zoned Urban Residential-22 (UR-22), are
located east and southeast of the site. The land located southeast of the site, between Houk Road
and Vercler Road, is designated in the Public/Quasi-Public category of the Comprehensive Plan,
zoned UR-22 and developed with a hospital.
25. The City Arterial Road Plan designates Mission Avenue as an Urban Minor Arterial. The
Interstate 90/Pines Road(SR-27) freeway interchange is located directly north of the site. Nora
Avenue adjacent to the site is a frontage road for I-90 in the area.
26. Pines Road(SR-27) is a state highway in the area, and is improved to five (5) lanes.
= Mission Avenue is improved to four(4) lanes, and is fully signalized at its intersection with Pines
Road(SR-27).
27. 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 the only implementing zone for the Regional
Commercial category of the Comprehensive Plan.
28. The City Interim Zoning Code indicates that 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 typically located along a Principal Arterial or
state highway. See Zoning Code 14.628.100.
29. The proposed B-3 zone complies with the development standards of the B-3 zone; which do
not impose requirements for minimum lot area, frontage,width or depth for business uses.
HE Findings, Conclusions and Decision REZ-34-06 Page 3
30. The Staff Report sets forth the purpose of the Regional Commercial category and pertinent
policies of the Comprehensive Plan, and finds the proposed rezone to be consistent with the
Comprehensive Plan. Policy LUP-4.3 of the Comprehensive Plan encourages retail and personal
services to group together within planned centers for ease of pedestrian movement.
31. The concurrency requirements of the Phase I Development Regulations require the
availability of public sewer and water, if the site is rezoned. The County Division of Utilities and
Modern Electric Water Company respectively indicated that public sewer and water are available
to serve the proposed rezone.
32. Proposed rezones submitted without a site plan for future development, such as the current
application, are not subject to the transportation concurrency requirements under the Phase I
Development Regulations.
33. The proposed rezone meets the sewer, water and transportation concurrency requirements
of the Phase I Development Regulations.
34. The B-3 zone is a logical zone for the site considering its location at the intersection of a
state highway and Urban Minor Arterial, and adjacent to the I-90 freeway interchange; the B-3
zoning and commercial uses located at the other corners of the intersection of Pines Road(SR-
27) and Mission Avenue; and the high level of public services available to the site.
35. Neighboring property owners did not comment on the proposed rezone. No public agencies
objected to the proposal or its environmental impact. The evaluation of environmental impacts,
and the imposition of conditions of approval for site development under the B-3 zone will occur
at the time of building permit application.
36. 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.
37. Significant changed conditions have occurred in the area since the zoning of the site was
reclassified to the B-2 zone in 1991. This includes designation of the site in the Regional
Commercial category of the City Comprehensive Plan, and adoption of the City Phase I
Development Regulations, the rezoning of land to the B-3 zone, increased traffic and road
improvements in the area, and increased commercial development in the area.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The City Interim Zoning Code authorizes the approval of a site-specific amendment to the
City's official zoning map by the Hearing Examiner if the proposed rezone 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.
HE Findings, Conclusions and Decision REZ-34-06 Page 4
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. A substantial change of circumstances has occurred in the area since the site was last zoned.
7. Approval of the ro osed rezone is appropriate
p P 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
� Y
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.
ti
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.
HE Findings, Conclusions and Decision REZ-34-06 Page 5
SPOKANE COUNTY DIVISION OF UTILITIES
2. A wet (live) sewer connection to the area-wide public sewer system shall be constructed. A
sewer connection permit is required. Commercial developments shall submit historical and or
estimated water usage prior to the issuance of the connection permit in order to establish sewer
fees.
3. The applicant shall submit expressly to Spokane County Division of Utilities, under
separate cover, only those plan sheets showing sewer plans and specifications for the public sewer
connections and facilities for review and approval. Commercial developments shall submit
historical and or estimated water usage as part of the sewer plan submittal.
4. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance of
the sewer connection permit.
5. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
6. 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.
7. 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.
8. Debris generated as a result of this project shall be disposed of by means other than burning.
9. If objectionable odors result from this project, effective control apparatus and measures
must be taken to reduce odors to a minimum.
10. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
11. 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.
12. 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
HE Findings, Conclusions and Decision REZ-34-06 Page 6
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.
13. 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
14. 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, found at http://www.ecy.wa.gov/programs/wq/stormwater/eastern
manual.manual.html. All ground disturbed by construction activities must be stabilized. When
appropriate, use vegetation typical of the site.
15. All new drywells 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. Contact the UIC staff at UIC Program, Department of
Ecology, PO Box 47600, Olympia, WA 98504-7600, (360)-407-6143, or go to
http://www.ecy.wa.gov/programs/wq/grndwtr/uic/registration/reg info.html for registration forms
and further information.
16. 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.
17. 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.
18. Routine inspections and maintenance of all erosion and sediment control Best Management
Practices (BMPs) are recommended both during and after development of the site.
19. A Stormwater Pollution Prevention Plan for the project site may be required and should be
developed by a qualified person(s). Erosion and sediment control measures in the plan must be
implemented prior to any clearing, grading, or construction. These control measures must be
effective to prevent soil from being carried into surface water by stormwater runoff. Sand, silt,
and soil can damage aquatic habitat and are considered pollutants. The plan must be upgraded as
necessary during the construction period.
20. Proper disposal of construction debris must be in such a manner that debris cannot enter the
natural stormwater drainage system or cause water quality degradation of surface waters.
Dumpsters and refuse collection containers shall be durable, corrosion resistant, nonabsorbent,
HE Findings, Conclusions and Decision REZ-34-06 Page 7
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.
21. During construction, all release of oils, hydraulic fluids, fuels, and other petroleum products,
paints, solvents and other deleterious materials must be contained in a manner that will prevent
their discharge to waters and soils of the state. The cleanup of spills should take precedence over
other work on the site. If the contractor does not know how to properly clean up a spill or wishes
to check on approval of the clean up technique, please feel free to call the DOE 24-hour Spill
Response Program at (509) 329-3400 any time of day or night.
22. 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.
23. 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.
24. 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.
25. Application should be made at least 60 days prior to commencement of construction
activities. A permit application and related documents are available online at:
http://www/ecy.wa.gov/programs/wq/stormwater/construction; or by contacting the Water
Quality program, Department of Ecology, PO Box 47600, Olympia, WA 98504-7600;
(360) 407-6401.
DATED this 2nd day of April, 2007
CITY HEARING EXAMINER PRO TEM
(-
Mic a 1 C. Dempsey, WSB #82�//
HE Findings, Conclusions and Decision REZ-34-06 Page 8
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 April 2, 2007. THE APPEAL CLOSING DATE IS APRIL 16, 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-34-06 Page 9
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