REZ-18-06 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Zone Reclassification from the Urban )
Residential-3.5 (UR-3.5) Zone to the ) FINDINGS OF FACT,
Urban Residential-22 (UR-22) Zone; ) CONCLUSIONS OF LAW,
Applicant: CLC Associates, Inc. ) AND DECISION
File No. REZ-18-06 )
)
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone, from the UR-3.5 zone to the 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 Urban Residential-3.5
(UR-3.5) zone to the Urban Residential-22 (UR-22) zone, on approximately .97 acre of land.
2. The site is located west of and adjacent to McDonald Road, approximately 850 feet south of
the intersection of McDonald and Mission Avenue, Spokane Valley, Washington. The property is
situated in the NW 1/4 of Section 15, Township 25 North, Range 44 EWM, in Spokane County,
Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45152.1023; and is
addressed at 1303 N. McDonald Road, Suite 200, Spokane Valley, Washington. The site is
legally described on the site plan submitted by the applicant.
4. The applicant is CLC Associates, Inc., c/o Thomas Vandervert, 12730 E. Mirabeau
Parkway, Suite 100, Spokane Valley, Washington 99216. The site owner is Eric Ellingsen, 1215
N. McDonald Road, Suite 200, Spokane Valley, Washington, 99216.
5. On June 26, 2006, the applicant submitted a complete application for a zone reclassification.
6. On September 15, 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 November 2, 2006.
The notice requirements for the public hearing were met. The Examiner conducted a site visit on
November 2, 2006, prior to the start of the hearing.
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.
HE Findings, Conclusions and Decision REZ-18-06 Page 1
9. The following persons testified at the public hearing:
Chaz Bates, AICP Planner Thomas Vandervert
City of Spokane Valley CLC Associates
11707 E. Sprague Avenue, Suite 106 12730 E. Mirabeau Pkwy, Suite 100
Spokane Valley, WA 99206 Spokane Valley, WA 99216
10. The Hearing Examiner takes notice of the City 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-18-06 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 .97 acre in size, rectangular in shape and relatively flat in
topography. The site is improved with a single-family dwelling. The property is vegetated with
pines trees and grasses.
13. The site plan of record dated July 11, 2006 illustrates removal of the residence on the site to
allow placement of a dental/medical/professional building. The environmental checklist submitted
with the application indicates that an approximately 21,000 square foot office/medical building
will be developed on the site, if the application is approved. The rezone application indicates that
the building would share a common driveway with the office building located on adjacent land to
the north, owned by the owner of the current site.
14. In 1991, the County reclassified the zoning of the site, and nearby land located to the north,
west and southeast, to the Urban Residential-3.5 (UR-3.5) zone; pursuant to the Program to
Implement the Spokane County Zoning Code, a county-wide legislative rezoning effort.
15. Between 1989 and 1994, approximately, the County rezoned several parcels located
northeast of the site, between McDonald Road and Blake Road, south of Mission Avenue, to the
Urban Residential-22 (UR-22) zone, for the development of multi-family dwellings or offices.
See zoning maps in file.
16. In 2001, the County rezoned approximately 2.3 acres of land located directly south of the
site, owned by the current site owner, from the UR-3.5 zone to the UR-22 zone; for the
development of medical, business and/or professional offices. See decision in ZE-30-00.
17. 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.
18. The County Phase I Development Regulations retained the zoning of the site and
neighboring land, and designated the site and neighboring land in the UGA.
HE Findings, Conclusions and Decision REZ-18-06 Page 2
19. On March 31, 2003, the City of Spokane Valley was incorporated in the area. On the same
date, the City adopted by reference the County's Comprehensive Plan, Zoning Code, Phase I
Development Regulations and other development regulations, with certain revisions not relevant
to the current application. The City retained the zoning and comprehensive plan categories for
the site and neighboring land established by the County.
20. On May 10, 2006, the City implemented a new City Comprehensive Plan("Comprehensive
Plan"), pursuant to City Ordinance No. 06-010. The City Phase I Development Regulations were
revised to implement the new Comprehensive Plan, pursuant to City Ordinance No. 06-011.
21. The current application is subject to review under the policies of the Comprehensive Plan,
since it became a complete application after the new plan's adoption. See Section 13.300.110 of
City's Application Review Procedures for Project Permits (adopted by City Ordinance No. 03-
60).
22. The City Comprehensive Plan designates the site and the parcel located directly south of the
site in the Office category, the land located northeast of the site in the Office or High Density
Residential categories, and other neighboring land in the Low Density Residential category
23. The land neighboring the site is developed with single-family dwellings on lots of various
sizes; except for the office use located on land zoned UR-22 lying directly south of the site, and
the multi-family and office uses located to the northeast on land zoned UR-22.
24. Valley General Hospital is found less than a quarter mile west of the site, at the northwest
corner of Mission Avenue and Vercler Road. Numerous office uses, on land zoned UR-22, are
found along Mission Avenue between Pines Road(State Route No. 27) and McDonald Road.
This includes office uses located along the east side of Vercler Road, south of Mission Avenue,
on land zoned UR-22, Intensive commercial zoning and uses are located along Pines Road(SR-
27).
25. The City Arterial Road Plan designates McDonald Road and Mission Avenue as Urban
Minor Arterials, and designates Evergreen Road and Broadway Avenue as Urban Principal
Arterials. Pines Road(SR-27) to the west is a 5-lane state highway. McDonald Road was
improved to four(4) lanes, including curb and sidewalk, sometime between 1991 and 2001.
26. 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.
27. The only implementing zones for the Office category are the UR-22 and the Urban
Residential-12 (UR-12) zone. The proposed UR-22 zone implements the Phase I Development
Regulations.
HE Findings, Conclusions and Decision REZ-18-06 Page 3
28. The Office category of the Comprehensive Plan is intended primarily for office development;
along with limited retail or commercial uses that are either subordinate to a primary office use, or
serve a nearby office use. Office category areas can serve a variety of functions, including
standing alone as major commercial centers, or acting as buffers or transition areas between
higher and lower intensity land uses.
29. Policy LUP-8.1 of the Comprehensive Plan recommends that commercial, residential and
recreational uses be allowed in conjunction with permitted uses in the Office category. Policy
LUP-8.2 recommends the integration of sidewalks, bike lanes, landscaping and area lighting in
office areas to provide a safe and attractive working environment.
30. The UR-3.5 zone, which currently applies to the site, is intended to promote areas of
primarily single-family residences in an urbanized neighborhood setting. Such zone permits
single-family homes, duplexes and certain other uses. The UR-3.5 zone permits a maximum
residential density of 4.35 dwelling units per acres.
31. The purpose and intent statement of the UR-22 zone, found at Zoning Code 14.622.100,
indicates that the UR-22 zone is intended primarily for multi-family dwellings, and is usually
located adjacent to major(Principal) or secondary(Minor) arterials; and that the UR-22 zone
provides 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.
32. Zoning Code 14.622.100 states that the 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. Such section also states
that the UR-22 zone is intended to set standards for the orderly development of residential
property in a manner that provides a desirable living environment compatible with surrounding
land uses and assures the protection of property values.
33. The purpose and intent statement of the UR-22 zone is somewhat obsolete; since it was not
updated when the County amended the UR-22 zone in 1996 to add single-family and duplex
dwellings as permitted uses,when the new County Comprehensive Plan and the new City
Comprehensive Plan were respectively adopted, and the City recently updated the development
standards for the urban residential zones contained in the City Interim Zoning Code.
34. 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.
35. In 2004, the City amended the development standards for residential development in the
UR-22 zone. See City Ordinance No. 04-033 and 04-046. The adoption of City Ordinance No.
04-033 appears to have inadvertently eliminated all dimensional standards for non-residential uses,
including office uses, in the UR-22 zone (other than setbacks). This includes dimensional
HE Findings, Conclusions and Decision REZ-18-06 Page 4
standards for lot area, frontage, width, depth and coverage; and building height. Such standards
are applicable to the business zones provided for in the City Zoning Code. The Examiner has
brought this issue to the attention of the City Planning Division, so the discrepancy can be
remedied.
36. The environmental checklist indicates that the office building proposed for the site would
not exceed 50 feet in height, which is consistent with the maximum building height provided for in
the UR-22 zone prior to the adoption of City Ordinance No. 04-033.
37. Under the development standards of the UR-22 zone, the applicant would be required to
install 6-foot high screening and 20 feet of Type I landscaping along the north and west borders of
the site, adjacent to UR-3.5 zoning. This will help buffer the single-family residences located to
the west and north from the more intensive uses developed on the site. The UR-22 zone also
requires the applicant to install 20 feet of Type III landscaping along the frontage of the site with
McDonald Road.
38. Neighboring property owners did not comment on the proposal. The applicant indicated at
the public hearing that the office building on the site would be three (3) stories, have a similar
design to the office building located directly south of the site, and the two properties would have
cross access and a reciprocal parking agreement.
39. Considering location of the site along a busy arterial, the proposed UR-22 zoning of the site
is more appropriate for the site than the existing UR-3.5 zoning of the site.
40. The UR-22 zone is an appropriate zone for the site; considering location of the site along a
busy arterial, the UR-22 zoning located to the south and northeast, the adjacent office use
recently developed to the south, the relatively high level of public services available to the site,
and the lack of public opposition to the proposal.
41. Modern Electric Water Company, and the County Division of Utilities, respectively certified
that public water and sewer are available to serve the rezone proposal.
42. The proposed rezone meets the sewer and water concurrency requirements of the City
Phase I Development Regulations
43. Rezone applications submitted without a site development plan, such as the current
proposal, are not subject to the transportation concurrency requirements of the City Phase I
Development Regulations.
44. Traffic concurrency, and any required road improvements, would be determined by City
Engineering at the time of building permit. The traffic analysis submitted by the applicant for
development of a 21,000 square foot medical/dental office building on the site found that such use
would easily meet traffic concurrency requirements and not significantly impact the level of
service at area road intersections.
HE Findings, Conclusions and Decision REZ-18-06 Page 5
45. The proposed rezone will not have more than a moderate effect on the quality of the
environment.
46. Conditions have substantially changed in the area since the zoning of the site was reclassified
to the UR-3.5 zone, and since the City reaffirmed such zoning when the City was incorporated in
2003. This includes improvements to McDonald Road, the availability of public sewer, and the
development of an office use south of the site, adoption of the City Comprehensive Plan and
designation of the site in the Office category of the City Comprehensive Plan, adoption of the City
Phase I Development Regulations, and rezones to the UR-22 approved adjacent to or near the
site.
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 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.
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 zone reclassification, as conditioned, conforms to the Comprehensive Plan,
and complies with the City Phase I Development Regulations.
4. The proposed rezone, as conditioned, bears a substantial relationship, and will not be
detrimental, to the public health, safety or welfare.
5. A substantial change in circumstances has occurred in the area since the site was zoned UR-
3.5 by Spokane County in 1991, and since the UR-3.5 zoning of the site was continued under the
City Interim Zoning Code in 2003.
6. The proposed rezone, as conditioned, complies with the UR-22 zone, the City Interim
Zoning Code and other applicable development regulations.
7. The proposed rezone, as conditioned, meets the criteria established by Washington case law
for approving a rezone, and the criteria established in paragraph 14.402.020(1) of the City Interim
Zoning Code for amending the City official zoning map.
HE Findings, Conclusions and Decision REZ-18-06 Page 6
8. 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.
9. Approval of the zone reclassification, as conditioned, is appropriate under Chapter 10.35 of
the Spokane Valley Municipal Code (SVMC).
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.
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
CITY DEPARTMENT OF COMMUNITY DEVELOPMENT- 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. Development of the property shall comply with the Urban Residential-22 (UR-22) zone, and
other applicable provisions of the City Interim Zoning Code.
3. Consistent with Section 14.622.365 (Walls) of the Spokane Valley Interim Zoning Code,
the applicant shall construct a 6-foot high concrete, masonry or decorative brick wall, solid
landscaping or site-obscuring fence for a distance of 135 feet along the west property line and a
distance of 325 feet along the north property line, prior to receiving an occupancy permit.
Further, the applicant shall submit a written agreement that requires the applicant and successors
in interest to continuously maintain the required screening in good condition; and that requires the
applicant, at the time of sale of all or a portion of the site, to notify in writing all buyers of the
requirement to maintain the required screening along the portion of the property under their direct
control.
4. The uses permitted on the site shall be limited to office uses, consistent with Section II of
the City Phase I Development Regulations.
HE Findings, Conclusions and Decision REZ-18-06 Page 7
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
a sewer connection permit.
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 uses developed on the site.
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.
HE Findings, Conclusions and Decision REZ-18-06 Page 8
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.
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. The applicant shall comply with the requirements set forth in the WDOE's letter dated
September 27, 2006 to the City Department of Community Development, in File No. REZ-18-06.
DATED this 1st day December, 2006
CITY HEARING EXAMINER PRO TEM
Micha-1 C. Dempsey, WSBA -8235��%iV
HE Findings, Conclusions and Decision REZ-18-06 Page 9
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 December 1, 2006. THE APPEAL CLOSING DATE IS DECEMBER
15, 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-18-06 Page 10