REZ-10-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification )
from the Urban Residential-22 (UR-22) ) FINDINGS OF FACT,
Zone and the Light Industrial (I-2) Zone ) CONCLUSIONS OF LAW,
to the Regional Business (B-3) Zone; ) AND DECISION
Applicant: Mamer Properties, LLC )
File No. REZ-10-04 )
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone from the UR-22 and I-2 zones to the B-3 zone.
Summary of Decision: Approve application, subject to conditions of approval.
II. FINDINGS OF FACT
1. The subject application seeks approval of a zone reclassification from the Urban
Residential-22 (UR-22) zone and the Light Industrial (I-2) zone to the Regional Business (B-3)
zone, for three parcels of land totaling 8.51 acres in area.
2. The site is located south of and adjacent to Interstate 90 (I-90) and the eastbound off-ramp
of the 1-90/Evergreen Road freeway interchange, and at the southeast corner of the intersection of
Nora Avenue and Mamer Road; in the SE 1/4 of Section 10, Township 25 North, Range 44 East,
Willamette Meridian, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45104.0212,
45104.0213 and 45104.0214; and is addressed at 1620 N. Mamer Road, Spokane Valley,
Washington. The site is legally described on the site plan of record submitted by the applicant on
July 8, 2004.
4. The applicant and site owner is Mamer Properties, LLC, 1620 N. Mamer Road, Spokane
Valley, WA 99216.
5. On June 14, 2004, the applicant submitted a complete application for a zone reclassification
to the City of Spokane Valley Department of Community Development, in File No. REZ-10-04.
6. On August 13, 2004, the Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposed rezone. The MDNS was not
appealed.
7. The Hearing Examiner conducted a public hearing on the proposal on September 16, 2004;
and conducted a site visit on September 14, 2004. The requirements for notice of public hearing
were met.
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8. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 57, as amended
by City Ordinance Nos. 3-081 and 04-012, and the City Hearing Examiner Rules of Procedure.
9. The following persons testified at the public hearing:
Karen Kendall, Assistant Planner Dwight Hume
Spokane Valley Community Development 9101 N Mountain View Lane
Department, Planning Division Spokane, WA 99218-2140
11707 E. Sprague Avenue, Suite 106
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-10-04 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 8.51 acres in size and consists of three adjoining tax parcels. A Bonneville
Power Administration (BPA)power line and easement bisects the north end of the property at a
southwest to northeast angle. Parcel no. 45104.0214 and the northerly three-quarters of parcel
no. 45104.0212 are relatively flat in topography. Parcel no. 45104.0213 has slopes ranging from
11-45%. Parcel no. 45104.0212 has a slope of 70% along the southerly property line due to the
presence of a retaining wall. The site is accessed from Nora Avenue and Mamer Road, with no
direct access permitted to I-90 and the adjacent Evergreen Road interchange.
13. Parcel no. 45104.0212, consisting of 2.97 acres of land and located in the easterly portion
of the site, is improved with three (3) single-story buildings that house 30,752 square feet of
office/warehouse uses. Parcel nos. 45104.0213 and 45104.0214 are vacant. The site is vegetated
with deciduous and evergreen trees, shrubs and grass. This includes landscaping required by the
underlying zoning. Chain link fencing is found along the east and north border of the property.
14. The site plan of record submitted on July 8, 2004 illustrates the existing improvements on
the site.
15. Effective January 1, 1991, Spokane County reclassified the zoning of the northerly portion
of the site currently zoned UR-22 to the Urban Residential-3.5 (UR-3.5) zone, and reclassified
the zoning of the remainder of the site to the I-2 zone; pursuant to the Program to Implement the
Spokane County Zoning Code.
16. In 1996, the County rezoned 2.92 acres of land, consisting of the northerly portion of the
site currently zoned UR-22 zone, and adjacent land to the north later taken for the I-90/Evergreen
Road interchange, to the UR-22 zone; for the development of an 8,100-square foot office
building. See decision in File No. ZE-07-96. In 1996, the County approved a change of
HE Findings, Conclusions and Decision REZ-10-04 Page 2
conditions for the remainder of the site of 6.36 acres, to allow 8,100 square feet of 28,000 square
feet of office/warehouse space approved for such acreage in a previous zoning action to be
relocated to the north portion of the site, through a unified site plan. See decision in File No. ZE-
84B-81.
17. In 2000, the County approved a change of conditions in County File Nos. ZE-7A-96/ZE-
84C-81, to allow the square footage of buildings on the portion of the site currently rezoned UR-
22 to be increased from 8,100 square feet to 32,996 square feet; and to allow the square footage
of buildings on the portion of the site currently rezoned I-2 to be increased from 19,900 square
feet to 64,867 square feet; all pursuant to a revised unified site plan.
18. The County's decision in File No. ZE-7A-96/ZE-84C-81 indicated that the Washington
State Department of Transportation(WSDOT) was developing plans to install a new freeway
interchange at Evergreen Road, which project would impact the northerly portion of the site in
terms of right of way acquisition, grade, and slope and construction easements
19. 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.
20. The County Phase I Development Regulations designate the site and neighboring land
within the UGA, and did not reclassify the zoning of the site or the land in the vicinity.
21. The County Comprehensive Plan designated the site and neighboring land located east and
north of the site, the land located between the site and Mission Avenue, and the land located
south of the east half of the site southerly of Mission Avenue in the Regional Commercial
category. Such plan designated the land lying west of the site in the High Density Residential
and Mixed Use categories, and nearby land lying south and southwest of the west half of the site
across Mission Avenue, in the Low Density Residential category.
22. On March 31, 2003, the City of Spokane Valley was incorporated, which included 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. .
23. The City Comprehensive Plan("Comprehensive Plan") retained the land use designations
established under the Comprehensive Plan for the land in the area within the city limits. The
City Phase I Development Regulations retained the zoning of the site and neighboring land, as
established under the County Phase I Development Regulations.
24. The land lying north of the site across I-90 is zoned Community Business (B-2) and I-2,
and is undeveloped, or in the process of being developed for commercial uses. A regional mall is
located along the north side of I-90 east of the Evergreen Road interchange.
HE Findings, Conclusions and Decision REZ-10-04 Page 3
25. Single-family dwellings on land zoned UR-3.5 are located west of the site across Mamer
Road, and along the south side of Nora Avenue west of Mamer. A water tower reservoir is
located to the east, along with some vacant parkland. The land located between the site and
Mission Avenue is undeveloped, zoned UR-3.5 and steeply sloped. The land lying south of the
site and Mission Avenue is zoned UR-3.5 and improved with single-family dwellings,with
multi-family dwellings and offices on land zoned UR-22 located to the west along Mission
Avenue.
26. The City Comprehensive Plan designates Evergreen Road as an Urban Principal Arterial,
and Mission Avenue as an Urban Minor Arterial. Mamer Road and Nora Avenue are considered
Urban Local Access roads.
27. The City Phase I Development Regulations require all zone reclassification applications to
be consistent with the implementing zone(s) for the land use category of the Comprehensive Plan
in which the site is designated. The only implementing zone for the Regional Commercial
category is the B-3 zone.
28. The Regional Commercial category designates intensive commercial areas, including
regional shopping centers and major commercial areas, intended to draw customers from the
County at large and other outlying areas. Such areas are typically accessible from roadways of
major arterial classification or higher, served with utilities and free of major environmental
constraints. See Policy 13.1 of Comprehensive Plan.
29. Policy UL.13.4 of the Comprehensive Plan recommends that comprehensive design
standards and a design review process be developed and maintained to ensure that commercial
projects are developed with minimal impact on the environment, are complimentary and
compatible with related community appearance and design and assure pedestrian as well as
vehicular access.
30. Policy UL.13.5 of the Comprehensive Plan recommends that specific development
standards be established relating to setbacks, landscaping,buffers, screening, access, signs,
building heights and design review for commercial development. Policy 13.6 recommends that
zoning and other land use regulations provide a variety of urban improvements to serve
commercial development.
31. 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 large-scale
commercial and industrial developments, and 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.
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32. 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 a design
review board, or adopted any neighborhood, community or sub-area plans for the area. The
absence of such actions does not provide authority for the Examiner to deny or delay the project
because such actions have not taken place.
33. The concurrency requirements of the Phase I Development Regulations require that public
sewer and water be made available to the site if it is rezoned. The public water and sewer
purveyors indicated that such services are, or will be available, to serve the proposed rezone.
34. Proposed rezones without a site plan are not subject to transportation concurrency
requirements under the Phase I Development Regulations. The proposal meets the sewer, water
and transportation concurrency requirements of the Phase I Development Regulations.
35. The purpose and intent of the B-3 zone is to provide for the location of a wide range of
retail and service activities, along Urban Principal Arterials or highways; which often require
large areas for customer parking, retail service, some outside activities, display and other
activities.
36. On August 25, 2004, the City amended the B-3 zone to remove the requirement for frontage
along a public road of Urban Principal Arterial or higher classification. See City Resolution No.
04-033. The applicant waived its rights in writing to have the application considered under the
foiiiier B-3 zone standards and other Zoning Code standards in place at the time of application.
The previous standard prevented the site from being rezoned to the B-3 zone.
37. The B-3 zone contains maximum building height, storage and landscaping standards that
will help mitigate the impacts of commercial development of the site on neighboring properties
zoned UR-3.5. Neighboring property owners did not comment on the proposed rezone, and no
public agencies opposed the project. The existing buildings developed on the site have been
developed in an attractive and aesthetic mariner.
38. Since the site has slopes equaling or exceeding 30%, site development is subject to the geo-
hazard provisions of the City Critical Areas Ordinance. Since no specific site development is
proposed, the preparation of a geo-hazard evaluation report can be delayed until additional
development in the steeply sloped areas of the site is proposed. A condition of approval should
be added requiring that the site be developed in accordance with the geo-hazard provisions of the
City Critical Areas Ordinance.
39. Very limited conditions were proposed for the rezone because no specific site development
is proposed.
40. The Staff Report found the proposed rezone to be consistent with the Comprehensive Plan,
and recommended approval of the proposal. The Examiner concurs with the analysis in the Staff
Report.
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41. 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.
42. Changed conditions have occurred in the area since the zoning of the site was reclassified
to the UR-22 in 1996 and the I-2 zone in 1991. This includes the extension of public sewer to
the area, the establishment of the I-90/Evergreen Road interchange, adoption of the City
Comprehensive Plan and Phase I Development Regulations, the change of conditions approved
for the site in 2000, increased commercial growth located north of I-90, and adoption of City
Resolution No. 04-033
43. The City Community Development Department recommended that the conditions of
approval recommended by commenting agencies be imposed at the time when a specific
development is proposed for the subject property. The Examiner finds it appropriate to impose
certain conditions at the current time.
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.
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 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 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 City Ordinance No. 03-57, as amended by City Ordinance No. 03-081
and 04-012.
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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
by the Examiner are italicized.
Failure to comply with the conditions of this approval may result in revocation of this
approval by the Hearing Examiner. 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—CURRENT
PLANNING DIVISION:
1. Upon any discovery of potential or known archaeological resources at the subject site prior
to or during existing and 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 hours from the time of discovery, the City
of Spokane Valley Community Development Department of said discovery.
2. To reduce noise impacts to the surrounding properties resulting from construction, hours of
future on-site construction shall be authorized as follows: 1) between 7:00 a.m. and 6:00 p.m.
Monday through Friday, 2)between 8:00 a.m. to 5:00 p.m. on Saturday, and 3)no construction
allowed on Sunday. Prior to on-site construction, the developer and contractor9s) shall submit
notarized letters agreeing to observe the specified hours of construction.
3. The site shall be developed in compliance with the requirements of the geo-hazard
provisions of the City Critical Areas Ordinance, since the site contains slopes equal to or greater
than 30%.
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 the Spokane County Division of Utilities, "under
separate cover," only those plan sheets showing sewer plans and specifications for the public
HE Findings, Conclusions and Decision REZ-10-04 Page 7
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 Spokane County Division of Utilities shall be submitted prior
to the issuance of the 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 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. 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.
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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 and individual service will
be provided to each tract prior to sale. Use of individual on-site sewage disposal systems shall
not be authorized.
5. The use of private wells and water systems is prohibited.
WASHINGTON DEPARTMENT OF ECOLOGY (SPOKANE OFFICE)
1. The water purveyor is responsible for ensuring that the proposed use(s) are within the
limitations of its water rights.
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
1. Signage visible to I-90 from this site shall conform to the Federal and State Scenic Vista's
Act.
2. Upon preparation of a site drainage plan/report, a copy shall be provided to WSDOT for
review.
DATED this 25th day of October, 2004
CITY HEARING EXAMINER PRO TEM
Mic ael C. Dempsey, WSBA#8.F
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NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 57, as amended by Ordinance No. 3-
081, 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 of record aggrieved by such decision files an appeal with the City Council of the City of
Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane Valley, Washington.
This decision was mailed by certified mail to the Applicant, and by first class mail to
other parties of record, on October 25, 2004. THE APPEAL CLOSING DATE IS
NOVEMBER 15, 2004.
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-10-04 Page 10