REZ-13-06 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Zone Reclassification from the Regional )
Business (B-3) Zone to the ) FINDINGS OF FACT,
Urban Residential-22 (UR-22) Zone; ) CONCLUSIONS OF LAW,
Applicant: Whipple Consulting Engineers ) AND DECISION
File No. REZ-13-06 )
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone, from B-3 zone to UR-22 zone.
Summary of Decision: Approve application, subject to conditions of approval.
H. FINDINGS OF FACT
1. The application seeks approval of a zone reclassification from the Regional Business (B-3)
zone to the Urban Residential-22 (UR-22) zone, on approximately 1.56 acres of land.
2. The site is located along the north side of Sprague Avenue, one-fourth (1/4) mile east of the
intersection of Sprague Avenue and Sullivan Road. The property is situated in the SW 1/4 of
Section 13, Township 25N, Range 44 EWM, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45133.1463; and is
addressed at 15901 East Sprague Avenue, Spokane Valley, Washington. The site is legally
described on the site plan submitted by the applicant.
4. The applicant is Whipple Consulting Engineers, Inc., do Todd Whipple, 2528 N. Sullivan
Road, Spokane Valley, WA 99216. The site owner is Diamond Rock Construction, 2602 N.
Sullivan Road, Spokane Valley, WA 99216.
5. On April 21, 2006, the applicant submitted a complete application for a zone
reclassification, in File No. REZ-13-06.
6. On June 2, 2006, the Department of Community Development issued a Determination of
Nonsignificance (DNS) for the proposed rezone. The DNS was not appealed.
7. The Hearing Examiner conducted a public hearing on the proposal on July 6, 2006. The
notice requirements for the public hearing were met. The Examiner conducted a site visit on July
6, 2006.
8. The Hearing Examiner heard the proposal pursuant to Chapter 10.35 of the City Municipal
Code, and the City Hearing Examiner Rules of Procedure.
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9. The following persons testified at the public hearing:
Micki Harnois
Department of Community Development
City of Spokane Valley
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City Interim Comprehensive Plan, Zoning Code,
Phase I Development Regulations, and official zoning maps for the area; other applicable
development regulations, and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-13-06 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 1.56 acres in size, irregular in shape and relatively flat in
topography. A 257-foot long, 30-foot wide neck of the site extends south from the main body of
the site to Sprague Avenue. A garage/storage structure is located along the east boundary of the
main body of the property. The site is vegetated with deciduous trees, shrubs and grasses.
13. The site plan of record submitted on April 21, 2006 illustrates the existing improvements on
the site, which are intended to be removed for site development. The environmental checklist
indicates that the applicant plans to develop two apartment buildings on the site, housing a total of
30 multi-family dwelling units.
14. Effective January 1, 1991, the County reclassified the zoning of the site to the Regional
Business (B-3) zone, pursuant to the Program to Implement the Spokane County Zoning Code, a
county-wide zoning effort.
15. In 1995, the County approved a rezone of two-thirds (2/3) of an acre of land located
approximately 500 feet southwest of the site, along the south side of Sprague Avenue, to the B-3
zone. See decision in File No. ZE-14-95. In 1997, the County approved a rezone of two-thirds
(2/3) of an acre of land located immediately southwest of the site, along the north side of Sprague
Avenue, from the Community Business (B-2) zone to the B-3 zone. See decision in ZE-58-97.
16. During the late 1990s, the County improved Sprague Avenue east of Sullivan Road
improved through widening and the extension of public sewer.
17. In 2001, the County approved the rezone of eight(8) acres of land located 270 feet
northeast of the site, between Valleyway Avenue and the unimproved right of way for Main
Avenue, from the Urban Residential-3.5 (UR-3.5) zone to the UR-22 zone; for the development
of 125 multi-family dwelling units. See decision in File No. ZE-20-00.
HE Findings, Conclusions and Decision REZ-13-06 Page 2
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(GMA). See County Resolution Nos. 2-0037 and 2-0470.
19. The County Comprehensive Plan designated the site and nearby land in the Community
Center category, except for the land lying northeasterly of the site, which was designated in the
Low Density Residential category. The land located further to the northeast, south of Valleyway
Avenue, was designated in the Medium Density Residential category of the County
Comprehensive Plan.
20. The County Phase I Development Regulations designated the site and area in the UGA, and
retained the zoning of the site and nearby land.
21. On September 16, 2002, the County approved a rezone of 1.2 acres of land located a short
distance southeast of the site, along the south side of Sprague Avenue, from the UR-3.5 zone to
the B-3 zone. See decision in ZE-22-01.
22. On March 31, 2003, the City of Spokane Valley was incorporated, which included the site
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, official
zoning maps and other development regulations; with certain revisions not relevant to the current
application.
23. The land lying north of the site consists of single-family homes or duplexes on land zoned
UR-3.5. The UR-22 zone located directly east of the main body of the site, and the large UR-22
zone located to the northeast are developed with multi-family dwelling units. The land lying west
of the main body of the site is zoned B-2 and is developed with a large retail center. The land
located along Sprague Avenue in the vicinity is generally zoned B-3, B-2 and Light Industrial(I-
2); and developed with intensive commercial uses.
24. The City Arterial Road Plan in the Comprehensive Plan designates Sprague Avenue and
Sullivan Road in the area as Principal Arterials. Valleyway Avenue is designated as an Urban
Collector Arterial. Main Avenue is fenced and unimproved between the site and Conklin Road to
the east.
25. No public or agency opposition was expressed in regard to the proposed rezone.
26. The City Zoning Code authorizes a site-specific amendment to the City Zoning Map (i.e.
zone reclassification) 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.
27. 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. Proof
HE Findings, Conclusions and Decision REZ-13-06 Page 3
of a substantial change of circumstances is not required if the rezone implements the
comprehensive plan of the local government.
28. The City Phase I Development Regulations require all zone reclassifications to be consistent
with the implementing zones specified in such regulations for the Comprehensive Plan
designations that apply to the subject property. The implementing zones for the Community
Center category of the Comprehensive Plan, in which the site is designated, are the UR-22,
Neighborhood Business (B-1) and(B-2) zones. The proposed UR-22 zone implements the Phase
I Development Regulations.
29. The Comprehensive Plan indicates that the Community Center category is intended to be a
higher-intensity, mixed use area designed to serve two or more neighborhoods; with a mix of uses
such as commercial, civic, high-density residential, office/industrial and recreational areas; and
providing a focal point and contributing to community identity. See policy UL.10.3 of the
Comprehensive Plan.
30. Policy 10.2 of the Comprehensive Plan recommends that the City develop and maintain
design standards and a design review process to ensure that community centers are developed
with minimal impact on surrounding land uses, are consistent with community character and
assure pedestrian and vehicular access.
31. Policy UL.10.5 of the Comprehensive Plan contemplates that mixed-use community centers
will only occur after adoption of a neighborhood plan that involves design professionals,
governmental service providers, business people and community residents. Policy 11.11
establishes various principles for the adoption of design standards and land use plans for
community centers.
32. Policies UL.2.3 through 2.09 of the Comprehensive Plan recommend that the City establish
a design review process, to run concurrent with the land use approval process, for mixed-use
areas and for certain other types of development. Such process would include the development of
urban design guidelines, to provide consistency of application for the design review process; the
establishment of a design review board, consisting of members from designated professional
groups, to review the larger, more complex projects; use of the administrative process to provide
design review for small projects; and the development of neighborhood, subarea and community
plans, with specific design standards that reflect and preserve neighborhood character.
33. The City has not adopted any additional standards besides the County Zoning Code to
implement policies of the Comprehensive Plan; established a design review process or design •
review board; or adopted any neighborhood, community or sub-area plans for the area. The
absence of such actions does not allow the Examiner to deny or delay the proposed rezone
because such actions have not taken place by the City. See RCW 36.70B.030 and 36.70B.040.
34. The Staff Report cites other relevant policies of the Comprehensive Plan. However, policy
UL.9.1, cited in the Staff Report, does not apply to the proposal because the site is not designed
in the Low, Medium or High Density Residential categories of the Comprehensive Plan.
HE Findings, Conclusions and Decision REZ-13-06 Page 4
35. Policy UL.2.17 of the Comprehensive Plan recommends that multi-family housing be
established throughout the UGA, including integration into community centers; and recommends
that multi-family housing be built to the scale and design of the community or neighborhood,
while contributing to area-side density that supports transit and allows for a range of housing
choices.
36. The B-3 zone, which zone currently applies to the site, is intended to provide for a wide
range of retail and service activities; is typically located along an Urban Principal Arterial or a
state highway; and often requires large areas for customer parking, retail services, some outside
activities, display and other commercial activities. See Zoning Code 14.628.100.
37. The UR-22 zone is intended primarily for multi-family dwellings, and is usually located
adjacent to major(Urban Principal) or secondary(Urban Minor) arterials; and to provide for
higher density housing in locations close to employment, shopping and major transportation
routes where movements of people can be handled efficiently and with least overall adverse
impacts. Offices are permitted in the UR-22 zone in order to provide some of the service needs
generated by high-intensity land uses. General characteristics of UR-22 zone areas are paved
roads, public sewer and water, accessibility to schools and libraries, and a full line of public
services, including manned fire protection and public transit accessibility. See Zoning Code
14.622.100.
38. The UR-22 zone permits a wide range of land uses; including single-family homes, duplexes,
multi-family dwellings, nursing/convalescent homes, business or professional offices, medical
office, family day care homes, hospital, church, schools of all types, etc. The maximum housing
density(net) in such zone is 22 dwelling unit per acre.
39. County Utilities certified the availability of public sewer to the site. Vera Water and Power
certified the availability of public water. The proposed rezone meets the sewer and water
concurrency requirements of the Phase I Development Regulations.
40. Because the rezone is not tied to a specific site plan for the purpose of review by the
Examiner, the proposed rezone is exempt from transportation concurrency requirements under the
City Phase I Development Regulations. Traffic concurrency, and any required road
improvements, would be determined by City Engineering at the time of short plat approval or
building permit.
41. The City Zoning Code requires the installation of a 6-foot high, sight-obscuring fence,
masonry wall or solid landscaping; and the installation of perimeter landscaping; along the
boundary of a UR-22 zone with a UR-3.5 zone. Such requirement would apply along the north
boundary of the site where it is adjacent to UR-3.5 zoning.
42. The City Zoning Code requires the installation of 20 feet of Type III landscaping along the
frontage of a public road, for multi-family and commercial development.
BE Findings, Conclusions and Decision REZ-13-06 Page 5
43. The site is a suitable location for UR-22 zoning; considering that the main body of the site is
setback over 250 feet from Sprague Avenue and does not have good visibility from Sprague
Avenue, UR-22 zones improved with multi-family uses are located directly east of the main body
of the site and near the site to the northeast, single-family residences and duplex uses are located
north of the site, and the site has vehicular access to Sprague Avenue.
44. Changed circumstances have occurred in the area since the site was zoned B-3 in 1991;
including the rezoning of eight (8) acres of land located to the northeast to the UR-22 zone for
multi-development, the establishment of intensive commercial development and zoning along
Sprague Avenue in the vicinity, road improvements and the extension of public sewer along
Sprague Avenue in the vicinity, and adoption of the City Comprehensive Plan and the City Phase I
Development Regulations.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed zone reclassification, as conditioned, conforms to the City Comprehensive
Plan.
2. The proposed rezone, as conditioned, bears a substantial relationship, and will not be
detrimental, to the public health, safety or welfare.
3. A substantial change of circumstances has occurred in the area since the site was last zoned.
4. The proposed rezone, as conditioned, complies with the UR-22 zone, the City Zoning Code
and other applicable development regulations.
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, as conditioned, complies with the UR-22 zone, the City Zoning Code
and other applicable development regulations.
7. Approval of the zone reclassification, as conditioned, is appropriate under Chapter
14.402.020(1) of the City Zoning Code, and Chapter 10.35 of the Spokane Valley Municipal
Code; and meets the criteria established by Washington case law for approving a rezone.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
zone reclassification to the Urban Residential-22 (UR-22) zone is hereby approved, subject to the
conditions of the various agencies specified 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.
Conditions of Approval
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION
1. The applicant, including the owners and developers of the property; and their heirs,
successors and assigns; shall comply with the conditions of approval set forth in this decision.
2. The applicant shall comply with the landscaping and screening requirements of the Urban
Residential-22 (UR-22) zone, and other relevant provisions of the City Interim Zoning Code, as
amended.
3. Upon any discovery of potential or known archaeological resources at the subject property
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 twenty-four (24) hours from the time of discovery, the City of
Spokane Valley Community Development Department of said discovery.
CITY OF SPOKANE VALLEY ENGINEERING DEPARTMENT
1. All conditions will be deferred to the time of a"commercial"permit application.
SPOKANE COUNTY DIVISION OF UTILITIES
1. 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.
2. 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.
3. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance of
the sewer connection permit.
HE Findings, Conclusions and Decision REZ-13-06 Page 7
4. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE REGIONAL HEALTH DISTRICT
1. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
2. Water service shall be coordinated through the Director of Utilities, Spokane County.
3. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
4. A public sewer system will be made available for the project.
5. The use of private wells and water systems is prohibited.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1. Dust emissions during demolition, construction, and excavation projects shall be controlled.
Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers
or suspension of activity during certain weather conditions.
2. Measures shall 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.
3. Debris generated as a result of this project shall be disposed of by means other than burning.
4. All traveled surfaces (i.e. ingress, egress, parking areas, access roads, etc.) should be paved
and kept clean to minimize dust emissions.
5. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
6. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
7. 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. The applicant shall
contact SCAPCA for a Notice of Application.
HE Findings, Conclusions and Decision REZ-13-06 Page 8
8. 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.
WASHINGTON STATE DEPARTMENT OF ECOLOGY(SPOKANE OFFICE)
1. Erosion control measures must be in place 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 will damage aquatic habitat and are considered pollutants.
2. The applicant is encouraged to use construction products containing recycled and non-toxic
materials whenever possible to reuse and recycle all leftover construction materials, and reduce
waste generated and practice "Green Building" principals in all aspects of the project. Otherwise,
the demolition waste must be disposed of at a permitted solid waste facility.
3. Proper erosion and sediment control practices must be used on the construction site and
adjacent areas to prevent upland sediments from entering the natural stormwater drainage system.
All areas disturbed or newly created by construction activities must be revegetated; use
bioengineering techniques, use clean durable riprap, or some other equivalent type of protection
against erosion when other measures are not practical.
4. All dry wells and other injection wells must be registered with the Underground Injection
Control Program(UIC).
5. Dry wells can not be used for disposal of stormwater unless a treatment device or all known
available and reasonable methods of prevention, control and treatment is provided prior to
injection and the discharge can meet the Ground Water Standards.
6. Routine inspection and maintenance of all sediment and erosion control devices is
recommended both during and after development of the site.
7. Dumpsters and refuse collection containers must be leak free with close fitting covers. The
drainage for refuse container and dumpster areas adjacent to or over the water must be connected
to the sanity sewer or otherwise designed to prevent leachate from being discharged to surface
waters.
8. On-site septic tank and drainfield systems are designed to treat and dispose of domestic F•
wastewater or its equivalent only. Commercial and industrial operations discharging waste other
than domestic wastewater to on-site systems may result in ground water contamination and could
cause the facility owner or operator to incur severe liabilities.
9. It is preferable to leave the existing vegetation undisturbed fro both aesthetic and practical
reasons. If it must be removed the applicant is encouraged to dispose of it at a compost facility or
replant it elsewhere.
HE Findings, Conclusions and Decision REZ-13-06 Page 9
10. Landscaping should incorporate waste prevention measures and the use of organic materials.
SPOKANE COUNTY FIRE DISTRICT 1
1. A turnaround that meets the requirements of Appendix D of the International Fire Code
shall be provided when construction permits are issued and after construction is finished.
2. Addresses shall be posted so they are visible from Sprague Avenue during and after
construction. Numbers shall be a minimum of 4 inches tall and contrasting to background.
3. If gates are proposed, a"to scale" drawing shall be submitted for review.
DATED this 24th day of July, 2006
CITY HEARING EXAMINER PRO TEM
0_46.i4kel
Micha• C. Dempsey, WSBA#8235
kE
HE Findings, Conclusions and Decision REZ-13-06 Page 10
•
•
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 July 24, 2006. THE APPEAL CLOSING DATE IS AUGUST 7, 2006.
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-13-06 Page 11