REZ-25-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification )
from the Light Industrial(I-2) Zone to ) FINDINGS OF FACT,
the Heavy Industrial(I-3)Zone; ) CONCLUSIONS OF LAW,
Applicant: Bernardo-Willis Architects ) AND DECISION
File No. REZ-25-05 )
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone from the I-2 zone to the I-3 zone.
Summary of Decision: Approval, subject to conditions.
H. FINDINGS OF FACT
1. The subject application seeks approval of a zone reclassification from the Light Industrial(L-
2) zone to the Heavy Industrial(I-3) zone, on approximately 16.6 acres of land.
2. The site is located adjacent to, and between, Flora Road and Tschirley Road, approximately
one-fourth(1/4) mile south of Trent Avenue (tate Route No. 27); in the SW 1/4 of Section 6,
Township 25 North, Range 45 East, Willamette Meridian, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 55063.0151 and
55063.0189; and is addressed at 3910 North Flora Road, Spokane Valley, Washington. The site
is legally described on the site plan of record.
4. The applicant is Bernardo-Willis Architects, do Gary Bernardo, 107 South Howard
Street, 4th Floor, Spokane, Washington 99201. The site owner is Wagstaff Properties do Bill
Wagstaff, 3910 North Flora Road, Spokane Valley, Washington 99216.
5. On September 9, 2005, the applicant submitted a complete application for a zone
reclassification to the City of Spokane Valley Department of Community Development in File No.
REZ-25-05.
6. On December 2, 2005, the City 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 January 5, 2006. The
requirements for notice of public hearing were met.
8. The Hearing Examiner heard the proposal pursuant to chapter 10.35 of the City Municipal
Code, and the Hearing Examiner Rules of Procedure.
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9. The following persons testified at the public hearing:
Micki Harnois, Associate Planner Mike Stanicar
Spokane Valley Community Development Dept. 107 S. Howard, Fourth Floor
11707 E. Sprague Avenue, Suite 106 Spokane, WA 99201
Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code, City
Phase I Development Regulations, City 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-25-05 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 16.6 acres in size, rectangular in shape, and relatively flat in
topography. The site is currently improved with four(4) existing buildings, which total 99,850
square feet in size, are accessed via Flora Road, and are used for office, manufacturing and
storage. This includes the manufacture of castings and casting machines, and other heavy
machinery assembly. The site is vegetated with trees, grasses and shrubs.
13. The site plan of record, entitled"Preliminary Site Plan#03" and dated September 7, 2005,
illustrates the existing improvements on the site; a proposed 57,600-square foot building for light
manufacturing and associated storage, in the southeast portion of the site; proposed expansion
areas in the extreme southeast portion of the site, and in the northeast portion of the site; a future
connection to Tschirley Road; and a proposed realignment of parcel boundaries on the site.
14. Effective January 1, 1991, the zoning of the site, and neighboring land located to the north,
south and northeast, was reclassified to the Light Industrial(I-2) zone, pursuant to the Program
to Implement the Spokane County Zoning Code, a county-wide rezoning effort. In the same
zoning action, the land lying east of the site was reclassified to the Mining (MZ) zone; the land
lying southeast of the site was reclassified to the Heavy Industrial(I-3) zone; and the land lying
west of Flora Road, south of Trent Avenue, in the area was reclassified to the I-3 zone
15. 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.
16. The County Comprehensive Plan designated the site, and neighboring land lying south of
Trent Avenue, in the Heavy Industrial category.
17. The County Phase I Development Regulations retained the zoning of the site and
neighboring properties.
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18. On March 31, 2003, the City of Spokane Valley was incorporated, and 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.
19. The City 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.
20. The land lying north of the site is undeveloped, except for a railroad right of way located
along the south side of Trent Avenue. The land lying east of the site is vacant, while the land
lying south of the site consists of industrial uses. A large industrial park lies west of Flora Road,
south of Trent Avenue, in the area, and westerly of the site.
21. The City Arterial Road Plan designates Flora Road as an Urban Minor Arterial, Euclid Road
to the south as an Urban Collector Arterial, and Barker Road to the east, as an Urban Principal
Arterial. Trent Road(SR-27) is a 4-5 lane state highway in the area.
22. No public comments were submitted with regard to the proposal.
23. The Heavy Industrial category of the City Comprehensive Plan is characterized by intense
industrial activities that may have significant impacts to surrounding areas; including noise, odor
dust, and aesthetic impacts. Commercial, residential and recreational uses are discouraged in such
category, except for small-scale ancillary uses that serve the industrial area.
24. The Staff Report sets forth applicable policies of the Comprehensive Plan relating to the
Industrial category and industrial uses, and fords the proposed rezone to be consistent with such
policies. The Examiner concurs with such analysis and adopts the same as findings of fact herein.
See also supplemental information sheet attached to rezone application.
25. 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. Such regulations establish the I-3 zone as the only
implementing zone for the Heavy Industrial category.
26. The I-3 zone is intended to permit, provide and protect areas for primary manufacturing
industries, and to make such industries as compatible as possible with other surrounding uses by
requiring development standards to ensure compatibility. The I-3 zone contemplates a high level
of public services to serve such industries.
27. The primary reason for the proposed rezone is to take advantage of the 60-foot maximum
building height permitted in the I-3 zone compared to the 40-foot building height permitted in the
I-2 zone; which increased height is needed for the site owner's business.
HE Findings, Conclusions and Decision REZ-25-05 Page 3
28. The existing Type I landscaping located along the frontage of the site with Flora Road meets
and exceeds the Type 5 landscaping required along such road under the I-3 zone. The applicant
would be required to install Type 5 landscaping along Tschirley Road, under the I-3 zone
landscaping standards, at such time as access is proposed to such road.
29. The concurrency requirements irements of the Phase I Development Regulations
require the
availability of public sewer and water, if the site is rezoned. The public water and sewer
purveyors indicated that such services are available to serve the proposed rezone. The proposal
meets the sewer and water concurrency requirements of the Phase I Development Regulations.
30. Proposed rezones without a site plan for future development are not subject to the
transportation concurrency requirements under the Phase I Development Regulations.
Transportation concurrency will be established at the time of building permit or future land use
action.
31. No public agencies objected to the proposal or its environmental impact.
32. The Spokane Tribe of Indians submitted written comments on November 1, 2005 indicating
that "...there are two known archaeological sites..." important to the tribe that may be eligible for
the National Register. The letter recommended that an archaeological survey and subsurface
testing be done at all construction and staging areas. The letter does not provide a sufficient basis
for the Examiner to require such action, particularly for a rezone the approval of which does not
approve any specific development of the site. The Examiner has added a condition requiring the
applicant to report any artifacts found on the site of historical or cultural significance.
33. Conditions of approval will mitigate any environmental impacts from the proposed rezone.
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.
34. Changed conditions have occurred in the area since the zoning of the site was reclassified to
the 1-2 zone in 1991. This includes industrial growth on the site and in the surrounding area;
expanded utility and transportation infrastructure in the area, including the extension of public
sewer to the site and road improvements to Tschirley Road; incorporation of the City of Spokane
Valley, 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 conforms to the City Comprehensive Plan.
2. The proposed rezone bears a substantial relationship, and will not be detrimental, to the
public health, safety or welfare.
HE Findings, Conclusions and Decision REZ-25-05 Page 4
3. A substantial change in economic, technological, or land use conditions has occurred in the
area to warrant approval of the proposed rezone.
4. The proposed rezone complies with the I-3 zone, other provisions of the City Zoning Code,
and other applicable development regulations.
5. The proposed rezone, as conditioned, meets the criteria established by Washington case law
for approving a rezone, and the g d t e criteria established in paragraphs 14.402.020 (1)(2) of the City
Zoning Code for amending the City official zoning map.
6. 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.
7. Approval of the zone reclassification is appropriate under Chapter 14.402.020 of the City
Zoning Code, and under 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 Heavy Industrial(I-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.
CONDITIONS OF APPROVAL
A. General
The following are general conditions of approval that apply to the rezone in File No. REZ-25-05:
SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT-BUILDING
DIVISION
1. Upon any discovery of potential or known archaeological resources at the site prior to or
during 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 the City of
Spokane Valley Community Development Department of such discovery within a maximum
period of twenty fours from the time of discovery.
RE Findings, Conclusions and Decision REZ-25-05 Page 5
SPOKANE VALLEY DEPARTMENT OF PUBLIC WORKS-DEVELOPMENT
ENGINEERING DIVISION
2. A Temporary Erosion and Sedimentations Control(TESC) plan, prepared by a Washington
State licensed Professional Engineer, shall be prepared and submitted with the site construction
plans. The TESC plan is to follow 1998 Spokane County Guidelines for Stormwater
Management, as adopted by the City. The TESC structures (such as silt ponds, silt traps) shall be
installed prior to the start of site work, and the TESC measures shall be implemented and
maintained throughout the duration of construction and until the site has stabilized.3.
3. Additional comments and the determination of transportation concurrency will be deferred
until the time of commercial permit application.
SPOKANE COUNTY DIVISION OF UTILITIES
4. A wet (live) 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 a connection permit in order to establish sewer
fees. .
5. The applicant shall submit expressly to Spokane County Division of Utilities, under separate
cover, only those plan sheets showing sewer plans and specification 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.
6. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization
of the project.
7. 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
8. 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.
9. 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.
10. Debris generated as a result of this project shall be disposed of by means other than burning.
HE Findings, Conclusions and Decision REZ-25-05 Page 6
11. If objectionable odors result from this project, effective control apparatus and measures
must be taken to reduce odors to a minimum.
12. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
13. 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.
14. 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.
15. 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
16. See letter from WDOE dated November 8, 2005 in project file.
DATED this 20 day of February, 2006
CITY HEARING EXAMINER PRO TEM
p ,
Michel C. Dempsey, WSBA
BE Findings, Conclusions and Decision REZ-25-05 Page 7
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 February 21, 2006. THE APPEAL CLOSING DATE IS MARCH 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-25-05 Page 8