Loading...
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