REZ-15-03 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification )
from the Urban Residential 3.5 (UR-3.5) ) FINDINGS OF FACT,
and Urban Residential 22 (UR-22)Zones ) CONCLUSIONS OF LAW,
to the Community Business (B-2)Zone; ) AND DECISION
Applicant: LAB Investments LLC )
File No. REZ-15-03 )
This matter coming on for public hearing on February 19, 2004, the Hearing Examiner,
after review of the subject application 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 and the Urban Residential 22 (UR-22) zone to the Community Business (B-2)
zone, on approximately 2.95 acres of land, for unspecified uses in the B-2 zone.
2. The site is located at the southeast corner of the intersection of Fan Road and Appleway
Avenue, in the NW 1/4 of Section 22, Township 25 N, Range 44 East, Willamette Meridian,
Spokane County, Washington. The street address for the site is 221 and 225 South Farr Road,
Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45202.0801,
45202.0802 and 45202.0803. The site is legally described on the Existing Site Plan submitted on
January 7, 2004.
4. The applicant and site owner is LAB Investments LLC, c/o Rob Amsden, PO Box 141449,
Spokane Valley, WA 99214.
5. On January 7, 2004, the applicant submitted a complete application for a zone
reclassification to the City Department of Community Development in File No. REZ-15-03. The
applicant did not submit a specific site plan or propose specific uses for development of the
subject property.
6. On January 26, 2004, the Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not appealed.
7. The Hearing Examiner conducted a site visit on February 15, 2004; and conducted a public
hearing on the proposal on February 19, 2004. The requirements for notice of public hearing
were met.
8. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 03-57, as
amended by Ordinance 03-81, and the City Hearing Examiner Rules of Procedure.
HE Findings, Conclusions and Decision REZ-15-03 Page 1
9. The following persons testified at the public hearing held on February 19, 2004:
Karen E. Kendall Kevin Snyder, Manager
Current Planning Current Planning
City of Spokane Valley City of Spokane Valley
11707 E. Sprague Avenue 11707 E. Sprague Avenue
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Bill Gothmann Robert Amsden
10010 E. 48th Avenue PO Box 141449
Spokane Valley, WA 99206 Spokane Valley, WA 99214-1449
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Phase I
Development Regulations, City Zoning Code, County Zoning Code (prior to incorporation of
City of Spokane Valley), other applicable development regulations, and prior land use decisions
in the vicinity.
11. The record includes the documents in File No. REZ-15-03 at the time of the public hearing
held on February 19, 2004, the documents and testimony submitted at the public hearing, and the
items taken notice of by the Hearing Examiner.
12. The site is divided into three tax parcels, 2.95 acres in size,relatively flat in topography and
clear of vegetation. Parcel no. 45202.0801 is approximately 1.43 acres in size, and parcel nos.
45202.0802 and 45202.0803 are each approximately 0.76 acres in size. A single-family home
previously existed on parcel no. 45202.0803,which makes up the southwest portion of the site.
13. Effective January 1, 1991, the zoning of parcel no. 45202.0803, except for the north 10
feet,was reclassified to the UR-3.5; and the zoning of the remainder of the site was reclassified
to the UR-22 zone; all pursuant to the Program to Implement the Spokane County Zoning Code.
The
14. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(VGA)boundaries and Phase I Development Regulations,pursuant to the
State Growth Management Act. See County Resolution Nos. 2-0037 and 2-0470.
15. The County Comprehensive Plan designated the site and neighboring land lying east of Farr
Road, between Sprague Avenue on the north and Eighth Avenue on the south, in the Urban
Activity Center category.
16. The County Comprehensive Plan designated the land lying northwest of the site,west of
Farr Road and north of Appleway Avenue, in the Regional Commercial category; and designated
the land lying west and southwest of the site in the High Density Residential category.
17. The County Phase I Development Regulations retained the zoning of the site and
neighboring land.
HE Findings, Conclusions and Decision REZ-15-03 Page 2
18. 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, Zoning Code, Phase I Development Regulations
and other County development regulations,with certain revisions.
19. The land lying north of Appleway Avenue in the vicinity is zoned Regional Business (B-3)
and developed with commercial uses. The land located directly north of the site across
Appleway Avenue is improved with a large vacant commercial building. The land lying west
and southwest of the site across Farr Road is zoned UR-22 and developed with multi-family
dwellings. The land lying south of the site is zoned UR-3.5 and consists of undeveloped land
and single-family dwellings.
20. The land lying directly east of the site is zoned UR-3.5, and consists of vacant land and a
private utility electrical substation. The land located along the north side of Appleway Road, and
the land located along both sides of Sprague Avenue in the area, is developed with intensive
commercial uses. Commercial uses are also found along Dishman-Mica Road, south of Eighth
Avenue.
21. The University City shopping mall, a community shopping center, is located approximately
one-third(1/3)mile northeast of the site, between Appleway Avenue and Sprague Avenue, along
the west side of University Road. A large public bus transit center is located approximately one-
half(1/2)mile feet east of the site, at the southwest corner of the intersection of University Road
and Appleway Avenue.
22. The Comprehensive Plan designates Sprague Avenue and Appleway Avenue as Urban
Principal Arterials. Such roads form a multiple lane, one-way couplet in the area lying west of
University Road. The Comprehensive Plan designates Farr Road and Fourth Avenue in the
vicinity as Urban Collector Arterials. University Road to the east; Dishman-Mica Road to the
west; and Argonne Road and Mullan Road, which form a one-way couplet north of Dishman-
Mica Road; are all designated as Urban Principal Arterials.
23. The only opposition to the proposed rezone was expressed by Bill Gothmann; who does not
reside near the site,but is currently the chairman of the City Planning Commission. Gothman
testified that he was representing his own personal views at the hearing, not those of the Planning
Commission. Gothman asked that the rezone be denied,to allow the City to complete
preparation of a new comprehensive plan under the State Growth Management Act,because
many citizens wanted the land located along the south side of Appleway Avenue to be kept non-
business, and because several vacant businesses are already found in the area.
24. The Crime Prevention Unit of the Spokane Valley Police Department submitted comments
expressing concerns regarding access associated with the original rezone application, which
included an adjacent parcel to the south that was bounded on the south by public right of way
extending west to Fan Road. Such parcel was removed from the application, making the
comments received from the City Police Department irrelevant.
HE Findings, Conclusions and Decision REZ-15-03 Page 3
25. Comments regarding the rezone application were also received in the form of a letter from
Spokane Housing Ventures, which provides affordable housing to lower income persons in
Spokane County. Such entity indicated that it did not object to the proposed rezone, because the
site was located along Appleway Avenue and was no longer suitable for residential housing. See
letter dated January 16, 2004.
26. The letter from Spokane Housing Ventures included a copy of County Resolution No. 99-
0192, adopted by the Board of County Commissioners in 1999. Such resolution recommended,
but did not require, that undeveloped land in the area lying east of Farr Road,between Sprague
Avenue and Eighth Avenue, west of Oberlin Road(located one block west of University Road),
be targeted for the development of lower income (less than 80% of the area median income as
determined by HUD) housing.
27. The letter from Spokane Housing Ventures asked that the remainder of the land in the
designated area be reserved for the purposes stated in the County resolution, to provide a buffer
between commercial and residential properties in the area,maintain appropriate traffic flows and
preserve a residential feeling in the adjacent neighborhood to the south.
28. The City Phase I Development Regulations require all zone reclassification applications in
the Urban Activity Center category to be consistent with the Comprehensive Plan, and limit
rezone applications in the Urban Activity Center category to the Urban Residential-22 (UR-22),
Neighborhood Business (B-1) and Community Business (B-2) zones.
29. The Staff Report provides a general description of the Urban Activity Center category of
the Comprehensive Plan; and sets forth Policies UL.11.1,UL.11.3 and UL.l 1.4 of the
Comprehensive Plan applicable to land designated in the Urban Activity Center category.
30. The Comprehensive Plan indicates that urban activity centers are planned, residential and
commercial, mixed-use areas. Policy 11.1 of the Comprehensive Plan recommends that the mix
of uses within an urban activity center be established through future subarea planning efforts,
based on regional and local needs and constraints. Policy UL.11.3 states that urban activity
centers may be located at or adjacent to high-capacity transit stations and will serve as hubs for
less intensely developed neighborhoods; and indicates that appropriate areas for such uses
include the University City area, which is located near the site.
31. Goal UL.10 and Policy UL.10.3 of the Comprehensive Plan, set forth in the Staff Report,
do not apply to the proposed rezone because such policies pertain only to land designated in the
Neighborhood Center and Community Center categories of the Comprehensive Plan. Further,
Goal UL.13 and Policy UL.13.1, 13.5 and 13.6 of the Comprehensive Plan, set forth in the Staff
Report, do not apply to the proposed rezone because they pertain only to land designated in the
Regional Commercial, Community Commercial and Neighborhood Commercial categories of the
Comprehensive Plan.
32. Policy UL.7 of the Comprehensive Plan recommends that design standards and a design
review process for urban activity centers be maintained; to ensure that commercial and industrial
projects are developed with minimal impact on surrounding land uses, are consistent with
community appearance/design guidelines and assure pedestrian as well as vehicular access.
HE Findings, Conclusions and Decision REZ-15-03 Page 4
33. Policy UL.11.8 of the Comprehensive Plan indicates that urban activity centers may
contain,but are not limited to,retail stores and services; professional offices; office/light
industrial; light manufacturing; multi-family housing and mixed-use developments; heavy
commercial uses; research and development centers; churches, entertainment and art centers;
health, human service and public facilities; schools and universities; and parks and open space.
34. Policy UL.11.10 of the Comprehensive Plan recommends that a residential component be
included within urban activity centers through the use of incentives and/or the minimum
requirements for residential development.
35. Policy UL.11.11 of the Comprehensive Plan recommends that design standards and land
use plans be adopted for urban activity centers,based on several principles set forth in such
policy.
36. Policy UL.2.10 of the Comprehensive Plan encourages mixed-use developments where they
would be compatible with neighborhood character. 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.
37. 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
design review for small projects; and the development of neighborhood, subarea and community
plans,with specific design standards that reflect and preserve neighborhood character.
38. The County, between the time it adopted a new comprehensive plan under the State Growth
Management Act in 2002 and the City of Spokane Valley's incorporation in 2003, did not
establish a design review process or design review board; adopt any neighborhood, community or
sub-area plans for the area; or adopt design standards other than the existing County Zoning
Code and the Phase I Development Regulations; to implement the policies of the County's
comprehensive plan regarding urban activity centers or the Urban Activity Center category.
39. Since incorporation, the City of Spokane Valley has not acted to implement the policies of
the City Comprehensive Plan regarding urban activity centers or the Urban Activity Center
category; such as establishing a design review process and design review board, adopt any sub-
area/neighborhood/community plans for the area; or adopt design standards other than those
existing in the City Zoning Code and Phase I Development Regulations.
40. The City of Spokane Valley is required to plan under the State Growth Management Act,
but under state law has three (3) years from the date of incorporation to adopt a comprehensive
plan that complies with such act.
HE Findings, Conclusions and Decision REZ-15-03 Page 5
41. 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
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.
42. RCW 36.70B.040 states that a proposed project's consistency with local development
regulations, or appropriate elements of a comprehensive plan or subarea plan adopted under
chapter 36.70A RCW, shall be determined by consideration of the type of land use, the level of
development, infrastructure and the character of the development.
43. RCW 36.70B.040 does not directly apply to the City,because the City has not yet adopted a
comprehensive plan or development regulations intended or required to comply with the State
Growth Management Act; notwithstanding the fact that the comprehensive plan and development
regulations the City adopted by reference from the County do comply with the Growth
Management Act.
44. Pursuant to RCW 36.70A.470, the Hearing Examiner does not have authority to deny or
delay approval of the proposed rezone on the basis that the City has not yet adopted policies, a
design review process or design standards to fully implement the policies of the Urban Activity
Center. The Examiner must apply the policies and development regulations currently in effect to
the proposal. The City could, if it desired, adopt controls to fully implement the policies of the
Urban Activity Center prior to development of the site, or impose a building moratorium until
such controls are in place.
45. Because of the location of the site at the intersection of a busy, one-way,Urban Principal
Arterial and a Collector Arterial, the site is not suitable for residential development under the
UR-3.5 zone,which zone applies to the southwest portion of the site. The site would appear to
be suitable for the development of offices or multi-family dwellings under the UR-22 zone,
which zone currently applies to the remainder of the site and is an implementing zone for the
Urban Activity Center category of the Comprehensive Plan; although such uses may not be the
highest and best use of the property.
46. The B-2 zone is an implementing zone for the Urban Activity Center category. The
purpose and intent of the B-2 zone, as set forth in Zoning Code 14.626.100, 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.
47. Zoning Code 14.626.100 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. General characteristics of B-2 zoned areas include paved roads
HE Findings, Conclusions and Decision REZ-15-03 Page 6
and sidewalks,public sewer and water, and a full line of public services including manned fire
protection and public transit availability.
48. The location and dimensions of the site generally implement the purpose and intent of the
B-2 zone, as set forth in Zoning Code 14.626.100; although it cannot be determined whether the
site and neighboring land would develop as part of a business cluster or island, as opposed to
strip commercial development. However, the language of Zoning Code 14.626.100 has not been
amended since it was originally adopted as part of the County Zoning Code in 1986. In 2002, the
County amended Section 14.626.310 of the County Zoning Code to delete the requirement that
commercial development in the B-2 zone consist of not less than five (5) acres of contiguous
commercial development.
49. 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 subject property complies with such requirements.
50. The B-2 zone contains development standards that buffer commercial uses permitted in
such zones from neighboring residential properties. This includes,without limitation, setback
and building height restrictions, and landscaping requirements. Such standards appear generally
to buffer the site from neighboring residential properties to the south, considering the lack of
opposition to the rezone by neighboring property owners to the south, commercial zoning and
land uses to the north, and location of a utility substation to the east.
51. The Phase I Development Regulations require that concurrency requirements for public
sewer and water be met if the site is rezoned. A traffic analysis may be required prior to site
development, depending on the use proposed. The public water and sewer purveyors indicated
that such services are, or will be available to serve the proposed rezone.
52. 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.
53. 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, as supplemented and qualified above.
54. The conditions of approval recommended by the City Community Development
Department and other commenting agencies should be imposed on the proposed rezone,with
more specific conditions to be applied during the building permit process. As conditioned, the
proposed rezone will not have more than a moderate effect on the quality of the environment
project; and will be reasonably compatible with neighboring land uses.
55. 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, the
establishment of Appleway Avenue as part of a one-way road couplet with Sprague Avenue, and
adoption of the City Comprehensive Plan and Phase I Development Regulations.
HE Findings, Conclusions and Decision REZ-15-03 Page 7
Based on the above findings of fact, the Hearing Examiner enters the following:
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 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 Ordinance No. 03-081.
III. 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.
CONDITIONS OF APPROVAL:
A. General Conditions:
HE Findings, Conclusions and Decision REZ-15-03 Page 8
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. Upon any discovery of potential or known archaeological resources at the subject property
prior to or during 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-fours from the time of discovery, the City of Spokane Valley
Community Development Department of said discovery.
SPOKANE REGIONAL HEALTH DISTRICT:
2. The use of private wells and water systems shall be prohibited for future non-residential
development.
3. A public sewer system will be made available for the project for future non-residential
development. Use of an individual on-site sewage disposal system shall not be authorized.
4. Water service for future non-residential development shall be coordinated through the
Director of Utilities, Spokane County.
5. Water service for future non-residential development shall be by an existing public water
supply when approved by the Regional Engineer(Spokane), State Department of Health.
6. The sewage disposal method for future non-residential development shall be authorized by
the Director of Utilities, Spokane County.
SPOKANE COUNTY DIVISION OF UTILITIES:
7. A wet(live) sewer connection to the area-wide Public Sewer System shall be constructed
for future non-residential development. 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.
8. The applicant shall submit expressly to 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 in association with future non-
residential development. Commercial developments shall submit historical and or estimated
water usage as part of the sewer plan submittal.
9. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance
of the sewer connection permit for future non-residential development.
10. Any water service for future non-residential development shall be provided in accordance
with the Coordinated Water System plan for Spokane County, as amended.
HE Findings, Conclusions and Decision REZ-15-03 Page 9
AVISTA:
11. An easement strip shall be designated on the south sixteen(16) feet adjacent, adjoining and
south of the south boundary line of Appleway Avenue right-of-way affecting Parcel Nos.
45202.0801 and 45202.0802.
B. Prior to or during future on-site construction,the applicant or successors in interest
shall implement the following conditions:
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. to 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.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
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 for future non-residential development, as amended.
3. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system for future non-residential development.
4. A Temporary Erosion and Sedimentations Control (TESC)plan,prepared by a Washington
State licensed Professional Engineer, shall be prepared and submitted with the site construction
plans for future non-residential development. 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.
5. The permittee is responsible for arranging for all necessary utility adjustments,relocations,
or improvements as required for completion of future non-residential development. The
developer shall contact the purveyors of each affected utility regarding private service, utility
improvement, and any relocation and adjustment costs.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY(SCAPCA):
6. Dust emissions during demolition, construction, and excavation projects associated with
future non-residential development shall be controlled. This shall include but not be limited to
HE Findings, Conclusions and Decision REZ-15-03 Page 10
the use of water sprays, tarps, sprinklers or suspension of activity during certain weather
conditions.
7. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto
paved surfaces for future non-residential development. If tracking or spills occur on paved
surfaces, measures shall be taken immediately to clean these surfaces.
8. Debris generated as a result of future non-residential development shall be disposed of by
means other than burning.
9. Future non-residential development, effective control apparatus and measures shall be
taken to reduce odors to a minimum.
10. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen in association with
future non-residential development.
11. A Notice of Construction and Application for Approval must 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.
12. 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.
C. Prior to building permit issuance, the applicant or successors in interest shall
implement the following conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. The applicant shall submit written evidence that any proposed land use is consistent with
Chapter 14.623 (Business Zones Matrix) of the Spokane Valley Interim Zoning Code, as
amended.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION
2. A traffic impact analysis and a transportation concurrency test have not been performed.
Appropriate traffic studies and a concurrency test will be required before issuance of any building
permits for future non-residential development.
HE Findings, Conclusions and Decision REZ-15-03 Page 11
3. Frontage improvements will be required for Farr Road at the time of building permit for
future non-residential development. These improvements shall follow 2001 Spokane County
Road and Sewer Standards, as amended. Additional widening of Farr Road to provide a
separated left turn access lane may be required dependent on the results of the traffic study.
4. Access to Appleway and Fan Road in association with future non-residential development
shall be provided in the following manner:
a. A maximum of two approaches will be allowed to Appleway. The design of the
approaches will be determined at such time an application is received for a building permit.
An acceleration/deceleration lane may be required depending of the proposed use on the
property. The applicant(s)will be responsible for the cost of all improvements to
Appleway. A minimum spacing of 125 feet is required between the driveways. The first
approach shall be located a minimum of 125 feet from the intersection of Appleway and
Fan Road.
b. One approach will be allowed to Farr Road. This approach shall be located a
minimum of 125 feet from the intersection of Appleway and Farr Road.
5. A reciprocal access agreement between Parcel Numbers 45202.0802, 45202.0801, and
45202.0803 shall be executed prior to the issuance of any building permit for future non-
residential development.
AVISTA:
6. The following dedication language be noted on all building plans for future non-residential
development for each parcel: "Utility easements shown on the herein described plat are herby
dedicated for the use of serving utility companies for the construction,reconstruction,
maintenance, protection, inspection and operation of their respective facilities,together with the
right to prohibit changes I grade that will reduce the existing coverage over installed underground
facilities and the right to trim and/or remove trees,bushes, landscaping and to prohibit structures
that may interfere with the construction, reconstruction, reliability,maintenance, and safe
operation of same. Buildings, dwellings, and structures that do to meet the National Electric
Safety Code requirements for clearances from electrical conductors are restricted from the easement
strip,but said provision do not prohibit conventional fences,landscaping or driveways."
DATED this 5th day of March, 2004
CITY HEARING EXAMINER PRO TEM
f/61a
Mic ael C. Dempsey, WSBAr:23
HE Findings, Conclusions and Decision REZ-15-03 Page 12
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 03-57, as amended by Ordinance No.
03-81, 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 March 5, 2004. THE APPEAL CLOSING DATE IS MARCH 19,
2004.
The complete record in this matter, including this decision, is on file with the Office of
the Hearing Examiner, Third Floor, Public Works Building, 1026 West Broadway 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 may be inspected at the City of Spokane
Valley Department of Community Development, 11707 E. Sprague Avenue, Spokane Valley,
Washington, (509) 921-1000. 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 REZ-15-03 Page 13