REZ-07-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Rezone from the UR-3.5 )
Zone and UR-22 Zone to the B-2 Zone; ) FINDINGS OF FACT,
Applicant: Ben Yarbrough ) CONCLUSIONS OF LAW,
File No. REZ-07-04 ) AND DECISION
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone from the UR-3.5 and UR-22 zones to the B-2 zone.
Summary of Decision: Approval, subject to conditions.
II. FINDINGS OF FACT
1. The application seeks approval of a zone reclassification from the Urban Residential-3.5
(UR-3.5) zone and Urban Residential-22 (UR-22) zone to the Community Business (B-2)
zone, on approximately 0.98 acres of land, for unspecified uses.
2. The site is located at the southeast corner of the intersection of Barker Road and the
Interstate 90/Barker Road freeway interchange eastbound on-ramp, and the northeast corner of
the intersection of Barker Road and Broadway Avenue; in the NW 14 of Section 17, Township
25 North, Range 45 East, Willamette Meridian, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 55172.0406,
555172.0411 and 55172.0412. The parcels are respectively addressed at 802 N. Barker Road,
18803 E. Broadway Avenue and 18805 E. Broadway Avenue, Spokane Valley, Washington.
The site is legally described on the site plan of record.
4. The applicant is Ben Yarbrough, 111 W.Northriver Drive Suite 205, Spokane WA
99201. The site owners are Yarbrough 2003 Trust, 411 Milbrae Avenue, Santa Rosa,
California 95407, and Garth Werner, 24 South Robie Road, Spokane, Washington 99016.
5. On June 4, 2004, the applicant submitted a complete application for a zone
reclassification to the City of Spokane Valley Department of Community Development.
6. On July 7, 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 site visit on August 11, 2004, and conducted a
public hearing on the proposal on August 12, 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 E. Kendall, Assistant Planner Ben Yarbrough
City of Spokane Valley 111 W. Northriver Drive Suite 205.
11707 E Sprague Avenue Ste 106 Spokane WA 99201
Spokane Valley, WA 99206-6110
John Konen Gordon Curry
1322 N. Monroe 14313 E Trent Ave
Spokane, WA 99201 Spokane Valley, WA 99216-1357
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-07-04 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 0.98 acres in size and relatively flat in topography. The site is
currently improved with a 4,500-square foot office building, two (2)vacant manufactured
mobile homes and a detached structure. The site is vegetated with deciduous and evergreen
trees, shrubs and grass.
13. The site plan of record submitted on June 4, 2004 illustrates the existing improvements
on the site, the existing accesses to Broadway Avenue and required landscaping along
Broadway Avenue.
14. Effective January 1, 1991, the County reclassified the zoning of the most westerly parcel
making up the site to the UR-3.5 zone, and reclassified the zoning of the other two parcels
making up the site to the UR-22 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 neighboring land located south
of Interstate 90 in the area in the Mixed Use category. The County Phase I Development
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Regulations designate the site and neighboring land within the UGA, and retained the zoning
of the site and neighboring land lying south of I-90.
17. On March 31, 2003, the City of Spokane Valley was incorporated, and included the site
and other land in the area in the city's boundaries. 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.
18. The City Comprehensive Plan("Comprehensive Plan")retained the land use
designations established under the County Comprehensive Plan. The City Phase I
Development Regulations retained the zoning of the site and neighboring land lying south of
I-90 established under the County Phase I Development Regulations.
19. Interstate 90 extends through the area from east to west. The eastbound on-ramp for the
I-90Barker Road freeway interchange abuts the site on the north. The land lying west of the
site and Barker Road, south of the freeway interchange, is zoned Regional Commercial(B-3)
zone, and is undeveloped. The land lying south of the site across Broadway Avenue is zoned
UR-3.5 and is used to store recreational vehicles. The land lying east of the site was rezoned
by the County to the B-3 zone in 1992, and is used for recreational vehicle sales.
20. The City Arterial Road Plan designates Barker Road and Appleway Avenue in the
vicinity as Urban Principal Arterials, and designates Broadway Avenue west of Barker Road
as a Minor Arterial.
21. 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), Urban
Residential-22 (UR-22),Neighborhood Business (B-1), Community Business (B-2) and
Industrial Park(I-1) zones.
22. 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 5 thereof),but cites policies for the Commercial categories of the
Comprehensive Plan that do not apply to the proposal.
23. Policy UL.2.10 of the Comprehensive Plan encourages mixed-use developments where
they would be compatible with neighborhood character.
24. 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
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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.
25. 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.
26. The City has not adopted any additional standards besides the County Zoning Code to
implement policies of the Comprehensive Plan, establish a design review process or design
review board, or adopt 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.
27. Considering the nearby regional commercial development and/or zoning, location of the
site adjacent to a freeway interchange and an Urban Principal Arterial, the B-2 zone appears to
be most appropriate zone to implement the Mixed Use category. No opposition was
expressed to the proposed rezone by public agencies or neighboring property owners.
28. 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 may require a traffic analysis when a specific use is proposed for development on
the site.
29. 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.
30. The purpose and intent of the B-2 zone is to provide for the establishment of commercial
centers, grouped at locations served by arterials;which centers will meet the needs of a
community for a wide range of retail, service and office uses, and serve a trade area
encompassing several neighborhoods within a radius of 1.5 miles of the zone. The proposed
rezone generally implements such purpose and intent.
31. The Zoning Code recommends that any area zoned B-2 not be larger than 20 acres in
size; have frontage on a Minor Arterial or higher road classification that does not exceed
1,400 feet; and be provided,wherever possible, in one business island centrally located in the
trade area or in business clusters,rather than in ribbon development along arterials or in
several oversized neighborhood shopping centers. See Zoning Code 14.626.100. The
proposed rezone generally complies with such recommendations.
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32. General characteristics of B-2 zoned areas include paved roads and sidewalks,public
sewer and water, and a full line of public services including manned fire protection and public
transit availability. See Zoning Code 14.626.100. The proposed rezone is conditioned for or
will have such features.
33. Building sites in the B-2 zone are required to have a minimum frontage of 100 feet, on a
public street of the Minor Arterial classification or higher, and a minimum average depth of
140 feet. See Zoning Code 14.300.100. The parcels making up the site do not individually
comply with such requirements,but can be consolidated to meet the frontage standards.
34. Comments submitted by the Washington State Department of Transportation indicate
that, due to the proximity of such intersection to the I-90/Barker Road freeway interchange
eastbound ramp, it may be necessary for WSDOT of the City to limit the intersection of the
portion of Broadway Avenue lying east of Barker Road to right-turn in,right-turn out turning
movements; unless the portion of Broadway Avenue located east of Barker Road is realigned
or its intersection with Barker Road the adjacent to the site.
35. The record also indicates that if Broadway Avenue lying east of Barker Road is
realigned to the south, the most westerly approach on the site to Broadway Avenue will have
to be eliminated.
36. 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.
37. 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 site, road improvements at the adjacent freeway interchange, commercial
development to the south along Barker Road and to the east along Broadway Avenue, the
rezone of the land abutting the site on the east to the B-3 zone, adoption of the City
Comprehensive Plan and City Phase I Development Regulations, and inclusion of the site in
the City of Spokane Valley.
38. The Examiner has imposed the conditions of the MDNS, as well as the conditions of
approval recommended by commenting agencies.
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.
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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 Community Business (B-2) 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 No.
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 Community Business (B-2) 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. 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 9:00
p.m. Monday through Friday, 2)between 8:00 a.m. and 5:00 p.m. on Saturday, and 3)no
construction allowed on Sunday. Prior to on-site construction, the developer and contractor(s)
shall submit notarized letters agreeing to observe the specified hours of construction.
2. 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
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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.
3. In order to address conformity to the lot development standards of the Community
Business (B-2) zone, the applicant or successor in interest shall,by the close of business on
October 28, 2004, submit to the City of Spokane Valley Planning Division a written request
for a lot line adjustment to eliminate the boundaries between parcel Nos. 55172.0412,
55172.0411 and 55172.0406. Upon City approval, the applicant shall record the approved lot
line elimination and supply the City with a copy of the recorded document.
4. Prior to filing an application for a lot line adjustment, evidence shall be shown that the
existing manufactured homes located on Parcel Nos. 55172.0411 and 55172.0406 have been
removed and the existing septic tanks have been abandoned.
5. Other conditions may apply at the time of building permit or the proposed development
of uses on the site.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING
DIVISION:
1. A Professional Engineer, licensed in the State of Washington, shall submit final road
and drainage plans and a drainage report including calculations that conform to the 2001
Edition of the Spokane County Standards for Road and Sewer Construction, the 1998
Spokane County Guidelines for Stormwater Management(both adopted by the City of
Spokane Valley), and all other applicable standards.
2. A Temporary Erosion and Sedimentation 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. The TESC structures(such as silt ponds, silt traps) are to be
installed prior to the start of site work, and the TESC measures are to be implemented and
maintained throughout the duration of construction and until the site has stabilized.
3. The permittee is responsible for arranging for all necessary utility adjustments,
relocations, or improvements as required for completion of the project. The developer needs
to contact the purveyors of each affected utility regarding private service, utility improvement,
and any relocation and adjustment costs. All rigid objects shall be located out of the clear
zone. These clear zone requirements can be found in the Spokane County Road and Sewer
Standards.
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4. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—BUILDING
DIVISION:
1. Any proposed development or construction on this property would be required to
provide adequate fire flow and fire hydrant placement in compliance with Spokane Valley
Ordinances.
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.
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.
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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.
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."
WASHINGTON STATE DEPARTMENT OF ECOLOGY
1. The water purveyor is responsible for ensuring that the proposed use(s) are within the
limitations of the applicant's water rights.
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WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
1. The Broadway service road that this project will take access to is located very close to
our Eastbound I-90 Barker Road Ramp Terminals. This close proximity limits the ability of
this intersection to function properly especially as traffic volumes grow. As a result, in the
future it may be necessary for WSDOT or the City of Spokane Valley to limit this intersection
to right turns in and out only. Left turns would not be allowed at this location. These
movements would need to be accommodated at the other locations such as Hodges Road.
DATED this 13th day of September, 2004
CITY HEARING EXAMINER PRO TEM
2/641(
Michael C. Dempsey, WSB 8
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 September 13, 2004. THE APPEAL CLOSING DATE IS
SEPTEMBER 27, 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.
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