REZ-09-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Rezone 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: Paul Craig ) AND DECISION
File No. REZ-09-04 )
)
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.
II. FINDINGS OF FACT
1. The subject application seeks approval of a zone reclassification from the Urban
Residential-3.5 (UR-3.5) zone to the Community Business (B-2) zone, on approximately 0.34
acres or 15,000 square feet of land,with the intent to construct a medical office building.
2. The site is located along the south side of Maxwell Avenue, 270 feet east of the intersection
of Maxwell Avenue and Pines Road(State Route No. 27), in the NW 1/4 of Section 15, Township
25 North, Range 44 East, Willamette Meridian, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45152.0807; and is
addressed at 12324 East Maxwell Avenue, Spokane Valley, Washington. The site is legally
described on the site plan submitted by the applicant.
4. The applicant and site owner is Paul Craig, 1303 E. Overbluff Road, Spokane, Washington
99203
5. On June 7, 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-09-04.
6. On July 28, 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 August 12, 2004; and
conducted a site visit on August 11, 2004. The requirements for notice of public hearing were
met.
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.
HE Findings, Conclusions and Decision REZ-09-04 Page 1
9. The following persons testified at the public hearing:
Micki Harnois Sandra Raskell
Department of Community Development Assistant Development Engineer
City of Spokane Valley City of Spokane Valley
11707 E. Sprague Avenue, Suite 106 11707 E Sprague Ave Ste 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206-6124
Greg McCormick
Long Range Planning Manager
City of Spokane Valley
11707 E. Sprague Ave 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-09-04 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 approximately 0.34 acres in size, and is relatively flat in topography. A single-
family residence and detached garage are located on the southern portion of the site. The
property is vegetated with deciduous and evergreen trees, shrubs and grass.
13. The site plan of record dated July 19, 2004 illustrates the existing improvements on the site,
which would likely be removed for site development.
14. Effective January 1, 1991, the zoning of the site was reclassified from its zoning under the
now expired County Zoning Ordinance to the Urban Residential-3.5 (UR-3.5)zone,pursuant to
the Program to Implement the Spokane County Zoning Code.
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 the land lying north, south, east
and west of the site, in the Mixed Use category. Such plan designated the land lying east of the
site in the High Density Residential category, and the land located north of Mission Avenue in
the vicinity in the Regional Commercial category.
17. 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 nearby land.
HE Findings, Conclusions and Decision REZ-09-04 Page 2
18. 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.
19. 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.
20. The land neighboring the site is zoned UR-22,Neighborhood Business (B-1), Community
Business (B-2) and Regional Business (B-3). The County approved a rezone of land immediately
to the west to the B-1 zone in 1998, approved a rezone of land to the southwest to the B-2 zone
in 1994, approved a rezone of land to the northwest to the B-3 zone in 1994, approved a rezone
of land to the north to the UR-22 zone in 1999, approved a rezone of land to the east to the UR-
22 zone in 1997, and approved a rezone of land to the south to UR-22 zone in 2003.
21. Neighboring land uses include commercial retail,medical and office, funeral home and
multi-family uses. A hospital is located one-half block east of the site and dominates the area
located east of the site.
22. The City Comprehensive Plan designates Mission Avenue to the north as an Urban Minor
Arterial. SR-27 (Pines Road) is a 5-lane state highway with center turn lane. Interstate 90 is
located a half mile north of the site, and the I-90/SR-27 freeway interchange is located just north
of Mission Avenue.
23. The Phase I Development Regulations require all zone reclassification applications in the
Mixed Use category to be consistent with the Comprehensive Plan, and limit such applications in
the Mixed Use category to the Urban Residential-12 (UR-12),UR-22, B-1, B-2 and Industrial
Park(I-1) zones.
24. The Staff Report provides a general description of the Mixed Use category of the
Comprehensive Plan(although erroneously referring to such category as the Urban Activity
Center on page 3 thereof),but cites policies for the Commercial categories of the Comprehensive
Plan that do not apply to the proposal.
25. Policy UL.2.10 of the Comprehensive Plan encourages mixed-use developments where they
would be compatible with neighborhood character.
26. 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 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
HE Findings, Conclusions and Decision REZ-09-04 Page 3
design review for small projects; and the development of neighborhood, subarea and community
plans, with specific design standards that reflect and preserve neighborhood character.
27. Policy 12.3 of the Comprehensive Plan indicates the characteristics of a mixed-use area,
and Policy 12.4 describes the contemplated mix of uses in a mixed-use area. Policy UL.12.5 of
the Comprehensive Plan recommends that mixed-use areas not be implemented until after the
adoption of a subarea plan that involves design professionals, government service providers,
business people and community residents.
28. 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 provide authority for the Examiner to deny or delay the
proposed rezone because such actions have not taken place.
29. The purpose and intent statement of the UR-22 zone indicates that offices are permitted in
the UR-22 zone to provide some of the service needs generated by high-intensity land uses. The
anticipated use of the site is for medical offices.
30. No public comments were received regarding the proposed rezone. The record indicates
that the applicant recently purchased the south end of the parcel located immediately south of the
site,which will enable the site to access Sinto Avenue.
31. The UR-22 zone appears to be most appropriate zone to implement the Mixed Use
category; considering that the land surrounding the site is dominated by UR-22 zoning and office
uses, except to the west and northwest, where commercial zoning and land uses are found;
location of the site near a busy state highway and Interstate 90; and location of the site near a
hospital. The site is generally not appropriate for development under its existing UR-3.5 zoning.
32. The concurrency requirements of the Phase I Development Regulations require that the site
be served with public sewer and water if it is rezoned. The public water and sewer purveyors
indicated that such services are available to serve the proposed rezone. City Engineering
conditions require the submittal of a trip generation and distribution letter to be submitted by the
applicant, and frontage improvements for Maxwell Avenue and Sinto Avenue, if the rezone is
approved and a building permit is submitted by the applicant.
33. 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.
34. 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.
35. Changed conditions have occurred in the area since the zoning of the site was reclassified
to the UR-3.5 zone in 1991. This includes the availability of public sewer for extension to the
HE Findings, Conclusions and Decision REZ-09-04 Page 4
site, the rezoning of land to the UR-22 zone and the development of medical and other
professional offices on land lying near or adjacent to the site, increased traffic along SR-27 in the
area, adoption of the City Comprehensive Plan and City Phase I Development Regulations, and
incorporation of the City of Spokane Valley.
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 UR-22 zone, 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 Nos. 03-081
and 04-012.
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.
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.
HE Findings, Conclusions and Decision REZ-09-04 Page 5
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. Other conditions of approval will apply at the time of building permit or the development of
uses on the site.
3. Upon expiration of the appeal period, City staff shall prepare an ordinance or other
appropriate document for execution by the City Council for the City of Spokane Valley,
providing for adoption of the subject rezone and amendment to the City Zoning Map as an
official control of the City of Spokane Valley.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
1. City Engineering conditions of approval are deferred until the time a building permit is
submitted or a use is proposed for development of the site.
SPOKANE COUNTY DIVISION OF UTILITIES
1. Pursuant to the City Phase I Development Regulations, a wet(live) sewer connection to the
area-wide Public Sewer System is to 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
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 finalization of the preliminary plat.
4. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
HE Findings, Conclusions and Decision REZ-09-04 Page 6
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.
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.
HE Findings, Conclusions and Decision REZ-09-04 Page 7
4. The use of private wells and water systems is prohibited.
5. At the time the existing manufactured homes are removed from the site, all on-site sewage
systems must be properly abandoned in accordance with Spokane Regional Health District's
"Rules and Regulations for On-Site Sewage Systems."
DATED this 14th day of September, 2004
CITY HEARING EXAMINER PRO TEM
Michael C. Dempsey, WSBA#825
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 57, as amended by Ordinance Nos. 3-
081 and 04-012, 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 September 14, 2004. THE APPEAL CLOSING DATE IS
SEPTEMBER 28,2004.
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-09-04 Page 8