ZE-08-03 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification from )
the Urban Residential-3.5 (UR-3.5)Zone ) FINDINGS OF FACT,
to the Urban Residential-22 (UR-22)Zone; ) CONCLUSIONS OF LAW,
Applicant: James A. Wolff ) AND DECISION
File No. ZE-8-03 )
This matter coming on for public hearing on May 29, 2003,the Hearing Examiner, after
review of the subject applications and the entire record, and finding good cause therefore,hereby
makes the following findings of fact, conclusions of law and decision:
I. 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 Urban Residential-22 (UR-22) zone, on approximately 4.3
acres of land, to construct a medical office building or other uses permitted in the UR-22 zone.
2. The site is located south of and adjacent to Sinto Avenue, approximately 310 feet east of
Pines Road (State Route No. 27), in the NW 1/4 of Section 15, Township 25 North, Range 44
EWM, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45152.0901. The site is
legally described on the site plan of record. The funeral home on the property has a street
address of 1306 N. Pines Road.
4. The applicant for the project is James A. Wolff, 12120 E. Mission Avenue, Spokane
Valley,WA 99206. The owner of the site is SCI Management Corporation,PO Box 130548,
Houston, TX 77222-6290.
5. On March 5, 2003, the applicant submitted a complete application for a zone
reclassification to the Spokane County Division of Planning in File No. ZE-08-03.
6. On March 25, 3003, the City of Spokane Valley and Spokane County entered into an
interlocal agreement authorizing the County Hearing Examiner to act as hearing examiner pro
tem for the City of Spokane Valley.
7. On March 31, 2003, the subject property and surrounding land were officially incorporated
into the City of Spokane Valley. On the same date, the City adopted by reference, as City land
use controls, the County's Comprehensive Plan, Subdivision Ordinance,Zoning Code, Phase I
Development Regulations, Hearing Examiner Rules of Procedure and other development
regulations, with certain revisions. The City also adopted a hearing examiner ordinance.
HE Findings, Conclusions and Decision ZE-8-03 Page 1
8. The City Division of Current Planning processed the subject applications on and after
March 31, 2003. The Division retained the same file and file number for the subject applications
as the County.
9. On May 14, 2003,the City of Spokane Valley Department of Community Development,
Current Planning issued a Determination of Nonsignificance for the proposal.
10. The Hearing Examiner, as hearing examiner pro tem for the City of Spokane Valley,
conducted a public hearing on the proposal on May 29, 2003. The requirements for notice of
public hearing were met.
11. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 57 and the City
Hearing Examiner Rules of Procedure.
12. The following persons testified at the public hearing held on May 22, 2003:
John Todd, Division of Current Planning James A. Wolff
City of Spokane Valley 12120 E. Mission Avenue
11707 East Sprague Avenue Spokane Valley, WA 99206
Spokane Valley, WA 99206
Sandra Raskell
Assistant City Engineer
City of Spokane Valley
11707 East Sprague Avenue Suite 106
Spokane Valley, WA 99206
13. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code,
City Zoning Map for the vicinity, City Subdivision Ordinance, 2001 City Standards for Road and
Sewer Construction, City Guidelines for Stormwater Management, City Code, other applicable
development regulations, and prior land use decisions in the vicinity.
14. The record includes the documents in File No. ZE-8-03 at the time of the public hearing
held on May 29, 2003, the documents and testimony submitted at the public hearing, and the
items taken notice of by the Hearing Examiner.
15. The subject property is approximately 4.3 acres in size and is relatively flat in topography.
The west half of the site is improved with a nonconforming funeral home,while the east half
contains a vacant parking lot. An attached accessory building is located in the middle of the site.
Access to the funeral home is from Pines Road(SR-27).
16. The site plan of record(2 plan sheets) submitted on May 21, 2003 illustrates the existing
funeral home and associated parking on the west portion of the site. The site plan illustrates a
proposed 2-story, 26,400-square foot building with associated parking on the east portion,which
the applicant indicated would be developed as a medical office building. The attached accessory
HE Findings, Conclusions and Decision ZE-8-03 Page 2
building on the site will be removed. Access to the funeral home is from Pines Road(State
Route-27), and access to the proposed medical office building would be from Sinto Avenue.
17. Effective January 1, 1991, the zoning of the site was reclassified from the Agricultural
Suburban zone of 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. The UR-3.5
zone does not permit a funeral home or offices.
18. 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. The County also repealed the interim urban growth area
boundaries and associated interim development regulations previously adopted by the County.
See County Resolution Nos. 2-0037 and 2-0470.
19. The County Comprehensive Plan designated the site and the Pines Road(SR-27) corridor
in the Mixed Use category of the County Comprehensive Plan. The County Comprehensive Plan
designated the land lying east of the site, and the land lying north and south of the east portion of
the subject property in the High Density Residential category of the Comprehensive Plan. The
County Phase I Development Regulations designate the site and the area in the UGA. Such
regulations retained the current zoning of the site and neighboring land.
20. The City Comprehensive Plan and City Phase I Development Regulations,respectively,
retained the comprehensive plan designations and zone classifications imposed by the County
Comprehensive Plan and Phase I Development Regulations for the site and land in the vicinity.
The site is located inside the Aquifer Sensitive Area(ASA) Overlay zone of the City Zoning
Code.
21. The land lying east of the site is zoned UR-22 and improved with a hospital and medical
center, which use dominates the land lying east of the commercial properties fronting along Pines
Road. The land lying both north and south of the east portion of site is zoned UR-22, and is
improved with medical offices,business offices and vacant land. The applicant is a partial owner
of the medical offices located to the north. Commercial uses and zoning dominate Pines (SR-27)
Road to the north and south.
22. Pines Road(SR-27)is a 5-lane state highway, including center turn lane. The City Arterial
Road Plan considers Sinto Avenue and Houk Road in the vicinity as Local Access roads. Sinto
Avenue consists of two lanes of travel within an existing right-of-way width of 60 feet. Curbs,
sidewalk and streetlights are found along the north side of Sinto Avenue, but not along the
frontage of the site. The Pines Road(SR-27)/Interstate 90 freeway interchange is located less
than a mile north of the subject property. The nearest public transit stop is approximately 700
feet north of the site, at the intersection of Mission Avenue and Houk Road.
23. The project will be served with public sewer and water, and underground utilities. The
project complies with the sewer and water concurren cy requirements of the City Phase I
Development Regulations.
HE Findings,Conclusions and Decision ZE-8-03 Page 3
0
24. The only public comments received regarding the project were submitted by the owner of
an insurance agency located directly north of the west half of the site, across Sinto Avenue, in the
form of a letter. Such owner requested that the applicant be required to install sidewalk along the
entire frontage of the site along the south side of Sinto Avenue.
25. City Engineering conditions of approval require the applicant to improve Sinto Avenue
along the frontage of the site, including the addition of curb, gutter and sidewalk.
26. The applicant questioned the wording or necessity of certain City Engineering conditions of
approval,primarily condition#s 11 and 12. Condition#11, which relates to drainage, should be
modified to clarify that all language in such condition applies only to drainage facilities installed
outside the public right of way, and to indicate that the City Engineer may adjust the
requirements based on the type of drainage facilities installed outside the right of way.
27. City Engineering condition#12 requires the applicant to submit a trip distribution and
traffic analysis for the area, which is to be used in the final design of the area
28. The City Phase I Development Regulations require the applicant to apply for transportation
concurrency review at the time a rezone application is submitted, and require the City Engineer
to make a concurrency determination prior to a decision on the application. This may necessitate
the submittal of a traffic analysis by the applicant and traffic mitigation to ensure concurrency. .
29. City Engineering did not conduct such review,probably due to the transfer of jurisdiction
between the County and the City over the application after initial review of the project by the
County. The Examiner has modified condition#12 to clarify that transportation concurrency
review must occur before the approval of final road plans for the project and issuance of a
building permit. This may require a trip distribution review and/or traffic analysis, as deemed
necessary by the City Engineer.
30. The applicant requested flexibility in the approval, since the proposed use and location and
design of the building in the east portion of the site was somewhat speculative. The Examiner
has added a condition of approval authorizing such variations to be approved administratively,
provided such changes do not have any significant adverse impacts on neighboring properties or
public facilities, and applicable development standards and regulations are met.
31. Policy UL.12.5 of the City Comprehensive Plan states that implementation of mixed use
areas should only occur after the adoption of a subarea plan that involves design professionals,
government service providers,business people and community residents. While a subarea plan
has not been adopted for the area,the site and land located along the Pines Road corridor in the
area is already designated in the Mixed Use category. In addition,the Phase I Development
Regulations make the UR-22 zone an implementing zone for the Mixed Use category of the
Comprehensive Plan.
32. RCW 36.70A.470 requires that the review of local projects subject to the land use
processing procedures set forth in chapter 36.70B RCW be used to make individual project
decisions, not land use planning decisions; and that project review continue even in the presence
HE Findings, Conclusions and Decision ZE-8-03 Page 4
of a deficiency in a comprehensive plan or development regulations. Such statute defines a
deficiency in a comprehensive plan or development regulation as the absence of required or
potentially desirable contents of a comprehensive plan or regulation.
33. Policy UL.2.10 of the Comprehensive Plan encourages mixed-use developments that would
be compatible with neighborhood character. The project implements this policy,considering the
neighboring office uses and hospital.
34. The project and land uses in the vicinity generally implement the mix of land uses
contemplated in the Mixed Use category by Policy UL.12.4 of the Comprehensive Plan.
35. Policy UL.2.23 of The Comprehensive Plan in mixed-use areas encourages the location of
parking lots to the rear or side of buildings to enhance streetscapes and promote pedestrian
access. Multi-story buildings oriented toward the street and fronting on wide sidewalks are
encouraged, rather than parking lots oriented toward the street. See Policy UL.2.23 and 12.3(d-
f).
36. The site plan does illustrate some of the parking for the proposed medical office building to
the sides of the building and away from the street. Sinto Avenue is a short local access street
without significant visibility to the traveling public. The existing funeral home,which fronts
along a busy state highway, has most of its parking to the rear and side of the funeral home
37. The proposed medical offices are a suitable transitional use between the existing funeral
home and the hospital to the east, and are a similar use to the offices and medical offices located
to the north and south. This implements Policy UL 2.26 of the Comprehensive Plan.
38. The proposal implements other applicable policies of the Comprehensive Plan, as set forth
in the Staff Report.
39. No deficiencies with regard to the proposal's compliance with development regulations
have been established in the record. The project will not have more than a moderate effect on the
quality of the environment
40. The proposal has been conditioned for compliance with the UR-22 zone and City Zoning
Code. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare.
41. 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 extension of public sewer to the area, adoption of
the City Comprehensive Plans and Phase I Development Regulations, incorporation of the City
of Spokane Valley, increased traffic and road improvements along Pines Road(SR-27), the
approval of medical offices and associated rezoning to the UR-22 north of the site, and increased
commercial rezoning and development along Pines Road(SR-27).
Based on the above findings of fact, the Hearing Examiner enters the following:
HE Findings, Conclusions and Decision ZE-8-03 Page 5
II. CONCLUSIONS OF LAW
1. The proposed zone reclassification conforms to the City Comprehensive Plan.
2. The proposed rezone, as conditioned,bears a substantial relationship, and will not be
detrimental, to the public health, safety or welfare.
3. A change in economic, technological, or land use conditions has occurred to warrant the
proposed rezone, as conditioned. A substantial change of circumstances has occurred in the area
since the site was last zoned.
4. The proposed rezone, as conditioned, 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. 57.
III. 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.
CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT,
DIVISION OF CURRENT PLANNING
1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant",
which term shall include the owners and developers of the property, and their heirs, assigns and
successors.
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2. The zone reclassification applies to the real property described on an attachment to the zone
reclassification application submitted on March 5, 2003. .
3. The property may be developed for the medical office building illustrated on the site plan of
record(2 plan sheets)submitted on May 21, 2003. The Department of Community Development
may administratively approve variations to the site plan, including changes in use, building
location and size, landscaping and other improvements permitted by the UR-22 zone,provided
such changes do not have a significant adverse impact on neighboring properties or public
infrastructure, and conditions of approval and development regulations are complied with. All
other changes are subject to the submittal of a change of conditions application and the
approval of such application by the Hearing Examiner after a public hearing.
4. The proposal shall comply with all applicable requirements of the City Subdivision
Ordinance, Zoning Code and other applicable development regulations.
5. The Department of Community Development shall prepare and record a Title Notice with
the Spokane County Auditor, stating that the subject property is subject to certain conditions of
approval imposed as a result of a land use action. The Title Notice shall serve as a public notice
that the property is subject to such conditions of approval, and may only be released, in whole or
in part,by the Department of Community Development. The Title Notice should generally state
as follows:
"The parcel of property legally described as [insert legal description] is the subject of a land use
action by the City of Spokane Valley Hearing Examiner on June 13, 2003, approving a zone
reclassification for the subject property and imposing various special development conditions.
File No. ZE-8-03, relating to such approval, is available for inspection and copying at the City of
Spokane Valley Department of Community Development."
CITY OF SPOKANE VALLEY DEPARTMENT OF PUBLIC WORKS, CITY ENGINEER
Prior to release of a building permit or use of property as proposed:
1. Conditional approval of the plat by the City Engineer is given subject to approval of the
road system as indicated in the preliminary plat of record.
2. 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. These shall include,but not limited to, roadway improvements
(frontage improvements to Sinto Avenue), drainage plans and calculations (for Sinto Avenue
drainage as well as project), illumination plans, traffic control signing, and any other engineering
designs and calculations in compliance with our standards.
HE Findings, Conclusions and Decision ZE-8-03 Page 7
3. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed engineer/surveyor,who shall furnish the City Engineer with
"Record Drawings"plans and a certificate in writing that all improvements were installed to the
lines and grades shown on the approved construction plans and that all disturbed monuments
have been replaced.
4. No construction work is to be performed within the existing or proposed public right-of-
way until the City Engineer has issued a permit. All work is subject to inspection and approval
by the City Engineer.
5. All construction within the existing or proposed public right-of-way is to be completed
prior to filing the final bond in the amount estimated by the City Engineer to cover the cost of
construction of improvements, construction certification, "Record Drawings"plans and
monumenting the street centerlines shall be filed with the City Engineer.
6. Road design, construction and drainage control is the responsibility of the developer.
7. Approach Permits are required for any access to the Spokane Valley road system.
8. The applicant is advised that there may exist utilities either underground or overhead
affecting the applicant's property, including property to be dedicated or set aside future
acquisition. The City of Spokane Valley will assume no financial obligation for adjustments or
relocation regarding these utilities. The applicant should contact the applicable utilities regarding
the responsibility for adjustment or relocation costs and to make arrangements for any necessary
work.
9. The applicant shall grant applicable border easements adjacent to Spokane Valley right-of-
way per Spokane County Standards (adopted by the City of Spokane Valley).
10. Erosion Control: A Temporary Erosion and Sedimentation Control(TESC)plan,prepared
by a Washington State licensed Professional Engineer, shall be implemented throughout the
duration of construction. The TESC plan is to be prepared using best management practices
(BMP's) currently accepted within the Civil Engineering profession. The TESC plan is to follow
Spokane Valley guidelines as set forth in the 2001 Edition of the Spokane County Standards for
Road and Sewer Construction, the 1998 Spokane County Guidelines for Stormwater
Management and all other Federal, State or Local regulations. 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 and is approved by the City of Spokane Valley City Engineer. Each BMP shall be
inspected after each rainfall event, or every 24 hours during an event.
11. Any part of the drainage system that lies outside of the public right-of-way will neither be
maintained nor operated by Spokane Valley forces. Prior to plan acceptance by the City
Engineer, the Sponsor shall provide a mechanism, acceptable to the City Engineer, for the
perpetual maintenance of the stormwater drainage system. This mechanism shall also provide for
the funding of routine maintenance and the replacement of the various components of the
HE Findings, Conclusions and Decision ZE-8-03 Page 8
drainage system at the end of the service life of the respective components, and any other
improvements that may be legally required in the future. An Operations and Maintenance
manual for the stormwater management system shall be prepared by the Sponsor's Engineer, and
included in the project documents submitted to the City Engineer for acceptance, along with a
discussion of the design life of the various components, a calculated annual cost for repair and
maintenance, and a calculated replacement cost. The application of these requirements may vary
depending on the type of drainage facilities installed.
12. Prior to the submittal of final road and drainage plans, the project shall be reviewed for
transportation concurrency under the Phase I Development Regulations adopted by the City.
This may require preparation of a trip distribution and/or traffic analysis for the project area by a
Washington State licensed Professional Transportation Engineer retained by the applicant. The
information acquired from the analysis shall be used in the final design and a letter shall be
compiled with this data and included in the final project submittal to the City of Spokane Valley
for engineering review.
SPOKANE COUNTY DIVISION OF UTILITIES/CITY OF SPOKANE VALLEY
DEPARTMENT OF PUBLIC WORKS
1. The facility is currently connected to sewer; however, depending on the nature of the new
use and/or expansion, additional facilities may also need to be connected. Commercial
developments shall submit historical and or estimated water usage prior to the finalization of the
project in order to establish sewer fees.
2. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE REGIONAL HEALTH DISTRICT
1. The sewage disposal method shall be as authorized by the City of Spokane Valley Public
Works.
2. Water service shall be coordinated through the City of Spokane Valley Public Works.
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 the lot. Use of an individual on-site sewage disposal system shall not be authorized .
5. The use of private wells and water systems is prohibited.
HE Findings, Conclusions and Decision ZE-8-03 Page 9
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1. All applicable air pollution regulations must be met. See memorandum to City of Spokane
Valley Permit Center dated May 19, 2003 from Ron Edgar of SCAPCA.
DATED this 13th day of June, 2003.
CITY HEARING EXAMINER PRO TEM
Michael C.Dempsey, WSBA#8235
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 57, 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 June 13, 2003. THE APPEAL CLOSING DATE IS JUNE 27,
2003.
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
Avenue, Spokane, Washington, 99260-0245, (509) 477-7490. The file may be
inspected during normal working hours, listed as Monday-Friday of each week, except holidays,
between the hours of 8:30 a.m. and 5:00 p.m. After the appeal period,the file maybe inspected
at the City of Spokane Valley Department of Community Development, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, WA. Copies of the documents in the
record will be made available at the cost set by City of Spokane Valley Ordinance.
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 ZE-8-03 Page 10