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,,;oOValley 0 11707 E. SPra9ue Ave. • Suite 106 • SPokane ValleY, WA 99206
(509) 921-1000 • Fax (509) 921-1008 • cityhall@spokanevalley.org
July 3, 2007
REC EI'VED
JUL 0 3 2007
Mr. Arlo Huber
Huber Tra.iler Sales BY--p~'`~
18502 East Broadway Avenue
Spokane Valley, WA 99016
SuB,TECT: Response to Hearing Egaminer's Decision dated February 23, 2007 of
outstanding items to be completed.
Dear Mr. Huber:
I conducted a site visit of your property located at 18502 East Broadway Avenue on Monday,
July 2, 2007. I did consult the Hearing Examiner's decision as I stated with you on site
yesterday and find the following conditions are not in compliance.
1. Condition 8: "At least f fteen (15) feet of Type I landscaping shall be installed along
the entire east and west boundaries of the site; or, alternatively, at least 20 feet of
Type I landscaping shall be installed along the east and west boundaries of the south
120 feet of the site, and at least 13 feet of Type I landscaping shall be installed along
the reminder of the east and west boundaries of the site. " I found the width of the
south 120 feet of landscaping along the east and west boundaries is 15 feet and the
landscaping installed is similar to Type III (see-through) landscaping. I found no
evidence that landscaping has been added along the east and west property li.nes
(excluding the southerly 120 feet) to meet the requirement above of Type I
landscaping. Additionally, along the west property line trailers are being parked in
the landscaped areas.
2. Condition 10: "A landscape plan shall be submitted pursuant to Chapter 14.806 of
the City Interim Zoning Code, for the installation for the landscaping required along
east and west property lines, and along the south property line adjacent to Alki
Avenue. " I find no record a landscape plan has been submitted.
3. Condition 15: "The landscaping plan submitted by the applicant must be reviewed
and approved by the City Planning Division, pursuant to the requirements of Chapter
14.806 of the City Interim Zoning Code. A grading permit and drainage plans must
be submitted for the paving of the traveled surfaces on the site that are currently
July 3, 2007
Mr. Arlo Huber
Response to Hearing Examiner's Decision dated February 23, 2007 of outstanding items to be completed
unpaved. " I find no record a landscape plan, grading permit or drainage plans have
been submitted nor approved.
4. Condition 16: "All required landscaping and paving must be installed according to
the approved plans and permits by June 30, 2007. If the applicant does not comply
with such requirement, the City Planning Division may prohibit use of the south 120
feet of the site for trailer display and sales, upon the expiration of 30 days written
notice to the applicant that such requirement has not been met. This does not limit
other City enforcement remedies that may be available. " As stated below the City is
willing to work with you to complete these requirements and provide time limits in
which the `requirement' referenced in condition 16 be complete.
Please submit the necessary items for review to the City's Permit Center addressed as 11703
East Sprague Avenue, B-3 to the attention of Karen Kendall prior to Julv 16, 2007. All
plans (landscape, grading and drainage plans) shall be submitted and approved prior to Julv
31, 2007. All work pursuant to approved plans shall be completed prior to August 31, 2007.
At such time the City may restrict access to the south 120 feet of the site and pursue
enforcement action as stated in condition 16 of the Hearing Examiner's decision noted above.
If you have any questions I encourage you to call and schedule a meeting with myself and
Greg McCormick to discuss the outstanding items listed above. You may contact me at
(509) 688-0172 or kkendall(~u,spokanevallev.ore.
S7;, ,
, ~0 - j a&
KAREN
E. KENDALL
Assistant Planner
Community Development Department
CC: Grreg McCormick, Acting Community Development Director
Mary Kate Martin, Building Official
John Hohman, Senior Development Engineer
Encl: Hearing Examiner's decision dated February 23, 2007
Exhibit D as referenced in conditions no. 4
Page 2 of 2
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crrY oF sPOKANE vaLLEY HEARIavG EXAvINER
RE Change of Canditans, m the Urban )
Residentiai-7* (UR-7*) Zone, ) FINIIINNGS OF FA~'''I',
Apphcant Axlo Huber } CONCLUSIfJl'dS (3F I.A`PV,
File No ZF--USA-oo ) AND DECISIUN
)
I. S Y OF DECI5I0►N
He.aring Matter Apphcation for a change of condrtions, m the UR.-7* zone
Summary of Decision Approve apphcat-ton, subject to revlsed con.dr.tions
U. FI.NDINGS 4F FACT
I The applxcaiionrequests a change of conditivns for a 2 3-acre srte, in the Urban Residential-
7* (UR-7*) zone, to remove a 120-foot setback along the south praperty lxne imposed by a pnar
rezone of the srte to #.he Light Industnal (I-2) zflne, a:nd to mociify th.e landscapnng for the setback
area reqwred by the prior rezone, for trailer sales and storage
2 The srte is located between, and adjacent to, Broadway Avenue and Alki Avenue,
approxrmately 425 feet west of Barker Road 'I'he property is situated m the NE 1/a af the SE 1/4
of Sectson 18, Townshtp 25N, R.ange 45 BWM, m Spokane Coun.ty, Was3vngton
3 The site is cturently referenced as County Assessor's taa parcel no 55184 0912, and has a
site a,ddress of 18502 E Broadway, Spokane Valley, Washuigton
4 The apphcant is Arlo Huber, 18502 E Broadway Avenue, Spokane Valley, Washmgton,
99206 The srte owner Ls Arlo and Maark Huber Properties, LLC
5 On Septexnber 22, 2046, the applicant submrtted a complete apphcation for a change of
condztions m the above file
6 The Cxty Department of Commmnltiy Development found the property to be categoncally
exempt from the re.c}wrements of the Czty's SEPA C1rdLa~ance, and d1d not requlre the submuttal of
{ an environmental checkbst for the applica#aon
I 7 The Heanng Exammer canducted a public heanng on the apphcahon on December 2 1,
2005, and conducted a site visxt on December 21, 2006 The notice requuements for the pubhc
hearulg were met
8 The Hearing Exaxxuner heard the proposal pwrsuant to Ghapter 10 35 of fihe City Mu.nucrpal
Code, and the Crty Hearmg Exammer Ru1es of Procedure
HE Fmdmgs, Conciuslons and Decision ZE-05A-00 Page 1
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h
9 The followmg persons testxfied at #.he pubhc hearmg
Ka1'en Kendall, Assistant Planner Greg McCormick, Plannmg Manager
Spokane Valley Commumty Development Spokane Valley Comomtunrty Development
Department, Planrung Ihvision Department, Plarmmg Division
11707 L Sprague Avenue, Surte 106 11707 E Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
John Montgomezy Arlo Huber
Attorney at Law 2819 S Progress
2206 N Pmes Road Veradale, WA 99137
Spokane Valley, WA 99206-4756
Con Wnght Greg Hicks
18512 E Alki 18615 E Alka
Spokane Vailey, WA 99016 Greenacres, WA 990 i 6
Al2son Clark
18518 E AIk1
Cri eenacres, WA 99016
10 The Hearmg Exarmner takes notice of the Crty of Spokaxfe Valley CoznprehensYVe Plan,
Internn Zoning Code, official zonmg maps, Phase I Iaevelopment Regul.ahons, and Muiucipal
Code, fonner 5pokane Counfiy Zoiung Code, Spokane Cotrnty Phase I Developmen.t Regulahans, ,
other apphcable development regulations, and pnor Iand use decisions mthe vxcuuty
11 The iecord 1ncludes the documents m Fi1e Nos ZE-05A-00 and ZE-S-DO at the tune of the
pubhc heanng-, the documen#s and testun.ony subnnrtted at the pubhc heanng, and the rtems taken. {
notice of by the Heanng Examsner
12 County Assessor records mdhcate the srte to be approximately 2 11 acres m size However,
the ciunenslons of the site on the County's Assessox's map estabhsh the site to be at least 2 3 acres
m size
13 The site is relatively flat in topography A 2,400-square foat metal shop bwldmg is lacated
m the middle of the north end of the property~, and a 1, I 52-square feet office/sales bu.l7dtng is
located m the northeast corner of the srte, approxitmtely 6-8 feet from the east propeity lm.e See
existmg con(htions site plan submitted on 9-22-06, and drauaage plan submitt.ed m October of
2004
14 The northerly 60% of the site is paved A drawage pond, with a grassy swale and drywell,
are located m an unpaved area m the rniddle of the east portion of the site The remamder of thhe
~ site bas a gravel or unpaved surface 5ee existing site plan, 2005 aenal photo, gY ound photos of
site, and dramage plan dated October of 2004
HE Fxnndnags, Conclusrvns and Dec.ision ZE-OSA,-QQ Page 2
15 The easta west and south boundanes of the site are screened wtth a six (6)-foot high cyclane
fence, wrth sight-obscurw.g sla.ts The north baundary of the site zs fenced and gated unt.h cyclone
fencmg that zs not sight-obscunng Access to #.he site rs Innrted to Broadway Avenue, at the
northeast corner of the site
16 Fzve (5) feet of Type III Iandscapmg 1s currently usstalled along the north bounda;y of t.he
site Approaimately 10-15 feet of the east and west property lunes are Ian.dscaped with bark, grass
and matu.rmg evergreen trees, w}uch composrhon of Iandscapmg does nat meet the definxtion of
Type I landscaping
17 The site is cuxrentiy bemg used for the storage and sale of fisa3lers, pnrnanl.y for personal
use, m.cludzng horse, utLixty, box and all light duty traxlers Light xepaix ar modifica#ion of tx-ai'lers
is also done on the site, pnmarily Yn the detached shop buddmg The hou.rs of operation are
generally lumted to weekda.ys and Saturdays, durmg nomia.l sales hours See cb.ange of condrtxon
apphcation
18 Between rzud-1986 and 1992, the site was used foY an agncultural truck-haulmg operafia.on
14 In 1990, the site vvas rezoned by Spokane County to the Light Indust7-za1. (I-2) zane, at fihe
request of Mark Huber, the site owner at the tune fihe rezone request was pxompted by zonmg
compla.mts subriutted by neighborm.g property owners regardmg the truck-haulln.g operation. 5ee
decisYOns m File Nos ZE-52-88 and ZE-5-00
20 The 1994 1 ezvne reqwred t.he pavuig of all porhons of the site used for txavel, parkxng and
vehscle storage, and the inStallatxon of 20 feet of Type I landsca,pmg along all boundanes of the
site
21 On August 7, 1992, the zonmg of the site reverted to the Urban Residential-3 5(LlR-3 5)
zone, due to abandonment of the truck ha.uling operation, and fihe tern-s of the 1992 rezone The
landscapmg and pavmg reqwxed lry the 1990 rezone were never mstalled by Mark Huber See
decision m File No ,ZE-5-00
22 In 2000, Mark Huber requested a rezone of the site by Spokane County from the UR-3 5
zone to the I-2 zone, to allow the development of trucl€ and automobile trailer sales, mcludmg the
clxsglay of 54-100 trailers At the tune, the site was vacant, unpaved, and improved witb the
current stoiage buil.dang located on the site The property was also devoid of landscapxng, except
' for some Iarge deciduous tiees located along the boz'ders of the property
~
23 Mark Huber submtted a revised site plan, wlth an explanatory attachment, at the May 10,
2000 pubhc heanng held on the rezone apglication The revised site plan. Rlustrated development
of the site for trailer sales m two (2) phases, wrth Phase I mvolvuig all but Y.he south 120 feet of
the site
24 Phase I of the 2400 rev2sed site plan illustrated use of the exisfmg bufldmg m the middle of
the north end of the site for a sa.l.es affice, a paved area xn the north end of the site for access to
HE Flndxngs, Concluslons and Decision ZE-OSA 40 Page 3
Broadway Avenue and the parkuig of 12 vehicles, a 38,000-square foot paved display area for
trmlers located m the south porhon of the Phase I aiea, and an existing gravel area located
between the chsplay area and sales office
25 Phase II of the 2000 revised site plan illustiated a 21,580-square foot "unpaved future area"
in the south 120 feet of the site, wluch was to remaui unpaved until needed for addltional trailer
dlspIay, a 35-foot front yard setback along the north and south property lmes, and no access to
Alb Avenue The atta.chment to the revLsed site plan md.icated that seven (7) addrtional parking
spaces would be provided to meet parkmg requirements fox fihe additional trasler dzsplay area
ad.ded m Phase II
26 The 2000 revised site plan i~Iustrated five (5) feet of Type III landscapmg along the north
and south property hnes, 15 feet of Type I landscaping along the east and west properiy lm.es of
the Phase I portion of the site plan, and a 6-foot h2gh cham-luik fence around the entire site
27 At the May 10, 2000 heanug on the rezone application, Mark Huber mdicated, through his
land use consultant, that he was wdlmg to install 20 feet of Type Ilandscapmg along the east and
west boundanes of the south 120 feet of the srte, and 10-12 feet of Type I landscapmg along the
remasnder of the east and west boundanes, in heu of mstalling 15 feet of'Iype I Iandscapmg along
the entuety of such boundanes See decision m File No ZE-05-00
28 The envn-onmental checkhst subrmtted for the 2000 rezone apphcation mdscated the
busmess houis.for the proposed use would be 9 to 5, Monday through Fnday, and four (4) hours
dunng the day on Saturda.y See decision m Fi1e No ZE-05-00
29 On June 12, 2000, the Heanng Exam~mer, sitting as County Hearmg Exammei, approved a
rezone of the site to the I-2 zone under the County Zonuig Code The Examiner revised such
decision by letter on June 23, 2000, to parhally accommodate a request for reconsiderahon
subrrntted by Mark Huber's land use consultant
30 The 2000 rezone decision requued the site to be developed m accordance with the revlsed
, site plan of recoi d subnntted at the May 10, 2000 pubhc hearmg, subject to complying with the
condrtions of approval attached to the rezone and apphcable development regulahons
31 The 2000 rezone decision prohi'bited the use or development of the south 120 feet of the
sne, and restncted use of the remamder of the site to the sale and display of tru.ck an.d automobile
trailers, reqwred all parking, storage and traveled areas on the site to be pa.ved, pxohzbited access
and signage along Alki Avenue, and pi ohi-brted the use of loudspeakers on the site
32 The 2000 rezone decision requued all trailers and otb.er storage on the site to be kept wrthm
an enclosed buiIdmg, or behuid a sight-obscurmg, non-pierced fence at least srx (6) feet in height
and tall enough to screen the tr ail.ers and other storage from v7ew at ground level
33 T'be 2000 iezone decision requued the jnstallation of five (5) feet of Type III landscapmg
along the north and south properiy lmes of the site, 20 feet of Type I landscapmg along the east
HE Fmdulgs, Conclusions and Decision ZB-05A-00 Page 4
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f
and west boundanes of the south. 120 feet of the srte, and 15 feet of Type I landscapmg alang the
remauider of the east and west pragerty luies
34 The 2000 rezone decision, as revised by letter on June 23, Zooo, allowed the landscapmg
reqwxed along the east and wesf boundanes of the south 120 feet tQ be eltminated, if'the sight-
obscuruig fencuzg reqwred along the south boundary of the site was mstalled along the nazth edge
of the south 120 feet of the s1te, and also allawed the Type LII Iandscapuig reqwred along the
south boundary of the srte to be moved adjacent to the revlsed fencmg lacation
35 The body of the Exarmner's 2000 rezone decislon, an page 12, recoga3,zed tJ1a.t a more
compatibIe use for the south 120 feet of the site cou]d be cvnsYdered m the future, tbrough the
submy.ttal of a xezone applicataon or change af condztians applicat.ion At the t3me of the 2000
rezone, the srte was designated m the Urbau category of the County Comprehensrve Plan, which
category was mtended prinwily for urban residentW uses, and not I-2 zone uses
36 The I-2 zone ofthe County Zonmg Code required all storage to be withn an enclosed
buulduag, or behu►d a sight-obscuruig, `~non-piexced" fence at Ieast six (6) feef m hezgh# and tall
enough to screen aU materlals, groducts, equipment and veincles from view at ground level Such
screen2ng could be warved, if adjoYnmg properties were Yn an mdustnal zone or ha.d exYStng
zn.dustnal uses, ar►d the owner of the adjacent property dhd not ob~ect See County Zomng Code
14 632 355
37 The I-2 zone of the County Zaiung Code requued the uvst,allation of 20 feet of TyTpe I
landscapuig adlacent to residentially zvned property, and five (5) feet af Type III landscapmg
4acent to public raads See Section 14 SOb 040 af County Zontng Code
38 The County Zontng Code authonzed the County Division of Planning to moc3ify the
landscapmg requtred far a specific use, if the requxred lan.dscapuig would result an more than I S%
af the srte be7ng Iandscaped, and the landscaping and conespondng setback+s reqwred were the
most benefclal to the pubhc See Section 14 806 080 of County Zomng Code This chd not
pxeclude a reqwrement far the uxiposition of more mtense landscaping through the public heanng
process for a specific u.se
39 The I-2 zone of the County Zorung Code, ui pertinent part, unposed a srde yard setback of
five (5) feet per story, and a front yaxd setback equal to the greater disEance of 35 feet from the
lot front lin.e, ox 65 feet from the centerlme of the adjacent road See former County Zontng
Code
40 Lffectzve January 15, 2002, the County mzpl.emented a new Coinprehensive Plan, County
Urbau C'rrowth Area (UGA) boundanes, and Phase I Development Regulahons, pursuant to the
State Growth Nianagenlent Act
41 The Gounty Phase I Development Regulations reclassified the zanmg of certam propertles
accoi dmg to a crossaver ma#nx, but pxeserved the conditaons of approval and other speciai
HE Fmdings, Conclusions and Decision ZE-05A-40 Page 5
requxrements estabhsb:ed thraugh pa.st zonmg actions, to the extent they were more resxrictive
than the developmen.t standards of the new zone
42 The new Cownty ComprehensrcTe Plan designated the srte m the Low Densrty Residential
ca#egory of the Comprehensive Plau The County Phase I Development Regulations reclassif ed
the zonmg of the site to the Urban Resident.ial-7* (TJR-7) zone, buf preserved the condltxans of
approval of the 2000 rezone apphcable to development af the site, and designated the site m the
County UGA.
43 The UR 7 zone of the County Zoning Code clid not allow cornmeres.al or hght mdust.rxal
uses, inGludrng use of the site for trvler sal+es However, the UR-7* zoxllng of the site was subject
to the terms ofthe 2000 rezone Thus mcluded authormng and 1zmltm,g the use of the srte to the
sa].e and dtsplay of truck and automobile trailers, and compliance wrth the condrtlons of approval
of the 2000 rezone apphcable to such use and the srte
44 (]n IViarch 31, 2003, the City of Spokane Valley was mcoigorated, which mcluded the srte
and ne2ghboring Iaud On the same date, the Crty adogted by reference, as Crty land use contxols,
the County's Comprehensive Plan., Zonmg Cade, Phase I Development Regulatians, Zonmg IVIap
and other development regulatrons, wrth certam revisions
45 On March 31, 2003, the srte was designated m the Low Densrty Resldential categary of the
City Intenm Con-jprehensive Plan zoxung of the site, and the zonmg of the srte was converted to
the UR-7* zone of the Criy Zonmg Code, subJect to the lunrtations and canditions of approval
xmposed by the 2000 rezone of the site
46 The Crty Phase I Developrnent Regula#ions burnt the density (net) of new residentxal
~ development on Iand designated in the Low Densrty Residential category of the Comprehensive
Plan, and rezoned to the UR-7 under such regul.ations, to six (6) dwelitng uualts per acre Such
~ zoxnng Ys referenced as "UR-7*" The UR-7 zone othearwise permits a dens3ty of seven (7)
dwellmg wmts per acre
47 The UR-7 zone pernruts the development of smgle-family hoznes, duplexes, multi-famuly
dwelhngs and certam other uses, and generally prohzbits mtdusUtal and cotnmercial uses
48 'I'he C]R-7 zone requires the unsta3lation of a 6-foot lugh sight-obscurmg fence, wall oi solid
landscaping along the bozder of axiy UR-7 zone that abuts pnvate land zoned UR-3 5 The UR-
7* zone, m pertment part, imposes a side yard setback af five (5) feet per story, and a front yard
setback af 15-24 feet
49 In Ju1y of 2003, the Crty of Spok.ane Valley issued a bwldmg pemut for the affice bwldmg
located m the northeast portion of the srte See testrmony of Karen Kendall A draanage plan was
submitted for the revision m t7ctober of 2004 The location o#' the buildmg 10 feet from the east
property line of the site is mconsLstent wrtla the 15 feet of Type I Iandscaping requffed to be
uastalled along the east property tuie by the 2000 rezone
HE Flnduigs, C;onclusions and ]Jecision ZE-OSA-Oa Fage 6
SO In December of 2004, the City amended the development standards of the I-2 zone, in
pertinent part, to esta.bhsh a front yard setback of 35 feet, and a side yard setback adjacent to
residential zonmg of five (5) feet
51 The use of the srte after f,he 2000 rezone did not compty wrth the condstions of the rezone m
several respects, i e the entire site was used for the trailer sales, the south 80 feet of the daspla,y
' area in the Phase I portlon of the revised srte plan was not paved (as well as 'the south 120 feet of
the site tha.t was used without authonty), sight-obscvrmg fencuig was not mstalled along the north
boundary of the srte, no landscapmg was ulstalled along the south boundary, the landscapm.g
uistalled aiong the east and west boun.danes cbd not meet the crrtena for Type I landscaping, and
the 1,152-square foot bu:ddzng on the srte was placed wrthin the requued 1 S-feet of Type I
landscapuig (6-8 feet from t11e east property luie)
52 On May 10, 2006, the City implemented a new Comprehensive Plan, pursuant to Crty
OrcUnance No 06-010 The City Phase I Development Regulations were updated to unplement
the new Comprehensive Plan, pursuant to City Ordinance No 06-011, but continued to preserve
the enforceabilriy of condrtions of approval or other special requirements established by pnor
rezones
53 The City Comprehensive Plan designates the srte and the lan.d lymg northeast of the site ui
the eomdor M-ixed Use category of the Comprehensive Plan, and designates the other land lying
adjacent to or neaz the site in the Low Density Residential category of the Cornprehensive Pian
54 Pursuant to complalnts by neighbormg property owners and a code violation investagation
by the Criy, the apphcant recently reduced, but d1d not eluYnnate, use of the south 120 feet of the
srte for trailer sales, and subnutted the current change of condrtsons apphcation
55 The land located a.djacent to or near the srte to the east and west is zoned UR-3 5, and
consLsts of suigle-fanuly homes on acreage parcels The land lymg south of the srte across Alla
Street, and the land lyuig northwest of the srte across Broadway Avenue, is zoned UR 3 5 and
generally consists of single-fatnily homes on parcels ranging from one-fourth (1/4) acre to one (1)
acre in size
56 The land lyvag north and northeast of the slte, across Broadway Avenue, is zoned B-3 and
has been used in the past for a manufa.ctured homes dlsplay and sales business The a.pphcant
recently leased a portion of such land for rts trailer sales busuless, after being reqwred to vacate
use of the south 120 feet of the site for such busmess
57 The City Attenal Road Plan designates Broadway Avenue aiong the frontage of the srte,
and between the srte and Barker Road to the east, as an Urban Minor Artenal, and designates
Barker Road and Appleway Avenue in the vycuuty as Urban Pruicipal Artenals
58 Broadway Avenue has a nght of way width of 60 feet, and is paved and curbed along the
frontage of the srte east to Barker Road Alki Avenue 1s a paved road w1thn a 60-foot nght of
way, and Iacks szdewalks
HE Fmdmgs, Conclusions and I)ecLsion ZE-05A-00 Page 7
59 The srte hes southwesterly of the Interstate 901Barker Road freeway interchange, and hes
a varying distance of 250-300 feet south of the westbound freeway off-ramp for the interchange
The srte is visi'ble from the travel lanes for I-90, which he 400-500 feet north of the srte
60 The owners (Greg and Sue Hicks) of a 1-acre parcel that borders the entire length of the srte
on the east, and the owners of parcels located south of the site and Alki Avenue, expressed
opposrtion to the proposed change of condztions, mcludwg such concerns as uipaets to the safety
of children and horses along resultzng from semi-truck travel along Alla Road, faflure of the srte
owner to mstall landscaping or a sight-obscuring fencing along the north boundary of the srte,
conflicts of the proposed use wrth residential neighborhood, parkmg of sezm trailers and trailer
sales and storage m the south 120 feet of fihe site in violation of the conditions of the pnor rezone
of the srte, uicreased noise and dust, lack of pavmg on portaons of the srte used for trailer storage
and sales, deposrtion of contam.uiated soils m south portion of site, and damage to Broadway
Avenue from unloading trwl.ers on the srte
61 The Spokane County Air Pollution Control Authorlty (SC.APCA) recommended that a1l
traveled surfaces on the site (inclucimg ingress, egr:ess, parkmg areas and access roads) be paved
and kept clean, to nLm17.e dust errussions The Spokane Tn-be of Indians requested an
archaeological survey of the srte, but d1d not establish that the srte contasned or was hcely to
contaan archa.eological srtes or natrve Indsan cultural resources
62 The sta.ff report submitted by the Crty P1ann2ng Division recomrnended delehon of County
Plannxng condrtlon #11 of the 2000 rezone, w}uch pro}ubrted any use from bexng developed on the
south 120 feet of the srte " subject to mcreased and properly ulstalled landscaping " The
conditions of approval recommended by the staff report provYded for deletion of that portion of
condltion # 12 of the 2000 rezone that requued the mstallation of 20 feet of Type I landscapuig
" atong the south 120 feet of the srte "
63 The sta.ff report submrtted by the Crty Plannmg Division also recommended condition of
approvals iequmng the apphcant to subnut a Iandscaping plan for requffed landscaping a]ong the
west, east and south borders of the srte, a requirement tha.t such landscaping be mstalled withm six
(6) months, and a reqwrement that the change of condrtions become null and void if the requued
landscapmg was not installed wrthin such tune penod
64 The City Planrung Drvision mdzcated that a gradmg permrt, and comphance with dramage
requu ements, would be requued for the pavuig of the south portion of the site
65 The apphcant, A.rlo Huber, mdicated at the public heanng that he preferred not to pave the
south pomon of the srte for trafler sales and storage, but would do so if reqtured. The apphcant
also requested that the change of condrtions not automatcally become null and void if the
apphcant was found not to be in comphance with landscapmg requirements, or othei conditions of
approval, witllout pnor notice and an opportumty to be heard
HE Fmdmgs, Conclusions and Decision ZE-05A-00 Page 8
66 The Comprehensive Plan states that the Comdor Mrxed Use category is mtended to
enhance travel options, encourage development of locally serving commercial uses, mu1ti-famdy
apartments, lodging and offices along maJor transportation comdors identified by the
Comprehensrve Plan, recognizes the histoncal low-intensity, auto-dependent development pattern
of areas mcluded in such category, and focuses on a pedestnan onentahon, with an emphasis on
aesthetics and design See pohcies LUP-9 1 and LUP-9 2 of Comprehensive Plan
67 Pohcy NP-2 9 of the Comprehensive Plan recommends that retail developments be
mtegrated into surrounduig ne2ghborhoods through attention to quality design and function
Pohcy NP-3 3 encourages commercial development that is designed and scaled m a manner that is
compatible wrth sunoundmg nmghborhoods
68 The land lymg across Broadway Avenue from the srte is zoned B-3, is bemg leased for
trailer sales by the apphcant, and has been used in the past for manufactured home park display
and sales Since such uses are perrmtted uses in the I-2 zone, they can be considered "lndustnal
- uses" withui the meaumg of City Zonmg Code 14 632 355 Private land does not abut f.he site on
fihe north, and the owner(s) of the land lyuig northerly of the srte across Broadway Avenue did not
comment on the proposed change of condittons
69 Under the above cucumstances, the storage standards of the I-2 zone, under t11e former
County Zoning Code, or under the current Crty Intenm Zonuig Code, do not reqwre the
mstallation of a 6-foot high sight-obscunng fence along the north boundary of the site See
Zotung Code 14 632 355
70 The installafton of sight-obscunng fencing along the north property ljne of the srte would
sigmficantly impatr the utlrty of the srte for trailer display an.d sales, smce such use would lose its
visi`bilrty fY-om Broadway Avenue and Interstate 90 Further, sight-obscurmg fencm.g is not
needed along the north boundary of the srte to buffer adjacent residential property
71 The use of the srte for trailer dLspla.y and sales is a relatrvely low-intensity hght
mdustnaUcommerclal use Accorcimgly, rtLs appropnate to allow the apphcant to use the south
120 feet for trailer dzspla.y and sales, and to ]unit the amount of Type I landscaping reqwred along
the east and west boundanes of the site so that it does not exceed 15% of the srte
72 To buffer adjacent and nearby residential uses, the emsting f-foot high sight-obscuruig
fencmg installed along the east, west and south property Iu1es of the srte mu.st be masntwned, and
all traveled areas of the site must be paved The record indscates that traalers are constantly Uemg
moved on and offthe srte typical of a sales busmess
73 The uistallation of 15 feet of Type I landscapmg along the east and west boundanes of the
site, and the uistallation of five (5) feet of Type III landscaping along the north and south
boundanes of the site (less the area along the noxth and south boundanes of the srte encompassed
by Type I landscaping) would together encwnber approximately 15% of the site
HE Findings, Conclusions and Decision ZB-05A-00 Page 9
74 If the Type I landscaping along the east and west boundanes of the south 120 feet was 20
feet wide, as required by the 2000 rezone, the Type I landscaping along the remainder of the east
and west boundanes of the site could be reduced to a wrdth of 13 feet in order to meet tb.e 15%
ratto of requu-ed landscapvng to site area
Based on the above fmchngs of fact, the Heanng Exammer enters the followin.g
II. CONCLUSIONS OF LAW
1 The site Ls currently zoned Urban Residential-7* (UR-7*) zone However, such zonmg is
suUject to the terms and condlrions of the 2000 rezone of the srte This mcludes (a) a Iimrtation
on the use of the srte to the sale and chsplay of truck and automobile trazler sales, as ongmally
proposed, (b) development of the site m a.ccordance wrth the revised site glan submitted on May
102 2000, suUject to the conditions of approval unposed by the 2000 rezone, and (c) irnprovement
of the site under the development standards of the I-2 zone of the Crty Zoiung Code, as amended,
subject to the conditons of approval unposed by the 2000 rezone
2 The change of condirions apphcation requested elmnmatxon of the 120-foot wide use setback
unposed along the south property lune of the srte by the 2000 rezone, and unspecified modificatlon
of the landscapmg reqwred in the setback area by the 2000 rezone
3 Sectlon 14 504 040 of the Crty Zonulg Code reqwres any sigmficant alteratson to tb.e
approved site development plan for a pnor zone reclasslfiication, or any change to the condthons
of approval imposed by a pnor rezone to be approved by the City Hearing Exammer through the
public heanng process
4 The City Zomag Code and the City Hearin.g Exammer Ordmance do not estabhsh any
specific cntena for the approval of a change of concirtions apphca.tion for a pnor rezone
5 A change of conditions apphcation is not a rezone zequest, since the zone itself is not bemg
changed, only tlie conditions of approval and/or a site development plan that control use of the
zone Rezone cnteria does, however, provlde guidance for approvyng a change of condzhons
apphcaxion.
6 Under Crty Zonvng Code 14 402 020(1), a srte-specific rezone may be approved if it is
consistent with the Comprehensive Plan and rt is not detnmental to the pubhc welfare
7 Under Washmgton case la.w, (1) there is no presumption in favor of a rezone, (2) the appLcant
for the i ezone has the burden of provmg that condrtions have substantially changed in the area since
the last zonmg of the property, and (3) the rezone proposal must bear a substanhal relationslup to the
pubhc health, safety or welfare
8 In applying the changed cucumstances test, Washin.gton courts have looked at a vanety of
factors, includuig changed pubhc opimon, changes m land use patterns in the area of the rezone
HE Fmdulgs, Conclusions and Decision ZE-05A-00 Page 10
proposal, and changes on the property itself Washington courts have not required a"strong"
showvag of change The rule Ls flexl'ble, and each case is to be judged on rts own facts
9 Recent Washmgton cases hold that proof of changed cucwnstances Ls not required if f.he
proposed rezone implements the comprehensive plan Washmgton cousts recognsze that a local
comprehensive plan provides guidance to the heanng body in making a rezone decision
10 T'he Crty Phase I Development Regulations requu-e all rezones to be consistent wrth the
nnplementmg zone(s) for the Comprehensive Plan land use designation that apphes to the
property The I-2 zone is an unplementuig zone for the Comdor Mixed Use category in w}uch
the slte is desigaated, along wrth the Urban Residential-12 (LTR-12), Urban Residential (UR-22),
Nelghborhood Busmess (B-1) an:d Commumty Busmess (B-2) zones
I 1 The recent designahon of the srte in the Comdor Mixed Use category of the
Comprehensrve Plan, and the relatively low intensrty of the traller sales and dssplay use on the site,
supports removmg the 120-foot use setback umposed along the south property lule of the srte by
the 2000 rezone, and reducrng the vcndth of the Type I landscaping required along the east and
south property ltnes by the 2000 rezone, and tlie I-2 zone, so that no more than 15% of the srte is
in i equued landscapmg
12 The change of condxtions apphcation did not request any modification to County Diwion of
Planntng condrtron #13 of the 2000 rezone decision, w}uch reqwred a11 parkuig, storage, display
and traveled areas on the site to be paved Accordmgly, such condition cannot be modified.
Further, such condirion is necessary to intigate dust and noise imgacts from the trafler display and
sales use on netghbormg residental properties
13 The concbbons of approval recommended by SCAPCA should be ungosed, provided, the
paving of all ta-aveled surfaces should be required rather than recommended
14 A conditton of approval should be added that requires the apphcant to unnnediaxely cease all
on-srte construction, and to promptly nohfy the Crty of 5pokane Valley Commwuty Developrnent
Departrnent, upon the discovery of potent.W or known archaeological resources on the subject
property
15, Approval of the cha.nge of conditions apphcation, as conditoned by the Exanvner, is
consistent with the Comprehensive Plan, and bears a substantial relatonship to, andlor will not be
detrlmental to, the pubhc health, safety or welfare
16 The County Division of P1ann.ing condilftons imposed by the 2000 rezone, as modifi.ed and
updated by the Exarmner, should be restated as Crty Plawu;ag Drnsion conditions of approval for
the purpose of clanty
17 Approval of the change of conchtaons apphcations, as modlfied by the Exammei, Ls
appropna.te under Section 14 504 040 of the City Interun Zonmg Code, and under Chapter 10 35
of the City Murucipal Code
HE Fmdmgs, Conclusions and Decision ZE-05A-00 Page I 1
18 Chapter 10 35 of the City Mwucipal Code does not address the appeal path for a change of
conditrons apphcahon peitawing to a pnor rezone of property Accordmgly, xhe appeal of svch
change of conditions should follow the appeal path for a zone reclassification, i e to the Crty
Council
M. DIECISION
Based on the FvadTngs of Fact and Conclusions of Law above, the above apphcatzon for a
change of conditions application, is hereby approved; subject to replacem,ent of the 5pokane
County Divlsion of Plannmg conditions of approval unposed by the June 12, 2000 i ezone of the
srte m File No ZE-05-00 wrth the following condtions of approval of the City of Spokane Valley
Plann.mg Division, and subject to the addshon of the conditions of approval of the Spokane
County Atr Pollution Control Authonty speczfied below All other condihons of approval
unposed Uy the 2000 rezone of the site sha11 contmue to apply to the srte
Any significant chan.ges below to the County Drvlsion of Pla,nning candrtions imposed by the
2000 rezone are ttaltcazed
Revlsed Condihons of Annroval
SPOKANE VALLEY COWNTUNITY DEVELOPMENT DEPART'MENT-PLANNIlNG
DIVISION
1 All conditions mlposed by the Hearmg Exarnner shall be bmdmg on the "Apphcant," wluch
term shall include the owner and developer of the property, and their heus, assigns and
successors
2 The 2000 zone change and the current change of conditions apphcation apply to the
followmg real property "Lot 1 in Block 9 of Corbm Add2tion to C`rreenacres, lymg southeasterly
of the County Road survey of Highway 90, except the west 319 feet of sa.id lot " Such property
is currently referenced as County Assessor's tax parcel no 55184 0912
3 Development of the site shall comply vvith the Light Industnal(I-2) zone of the Crty of
Spokane Valley Interun Zonng Code, and all other appbcable provYSions of the Crty Intenm
Zoiung Code, as amended.
4 7'he applacacnt shall develop the subject pYOperty in substantzal conformance wath the sate
plan submztted as Exhibtt D at the pubhc heartng held on May 10, 2000, zn File No ZE-5-00,
subject to allowance of the modzfied szte amprovements tllustrated orc the site plan submatted on
SeptembeY 22, 2006 tn Fale No ZE-05A-00, and subject to complzance wrth conditions of
approval atul applacable development regulations Vanattonas may only be approved cn
accordance wcth Sectaon 14 504 040 0f the City Interzm Zonang Code, and must be conststent
wath conditions of approval, the Caty Intenm Zonzng Code and other applicable development
regulations
HE Findmgs, Conclusions and Decision ZB-05A-00 Page 12
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i
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i
5 Approval is requued from the City Planning Division of a specific hghtmg and signmg plan
for the pi operty, pnor to the release of any bwldmg permit
~
6 Duect hght from any exterior area hghting fixture shall not extend over the property
boundauy, and shall be chrected away from adjom.uig propertaes
~
7 Use of the site shall be ltmated to the sate and display of tpuck and autorrtobale tratleYS, as
. pYOposed by the applicant
8 At least fifteen (15) feet of Type I landscaptng shall be installed along the entire east and
west boundaries of the stte, or, alternatively, at least 20 feet of Type I landscaptng shall be
anstalled along the east and west boundanes of the south I20 feet of the stte, and at least 13 feet
of Type I landscapang shall be znstalled along the remaznder of the east and west boundanes of
the site
9 At least 5 feet of Type III landscapmg shall be mstalled and mamtauied along Broadway
Avenue and Alki Avenue
10 A landscape plan shall be submztted puYSUant to ChapteY 14 806 of the City Intenm
Zonang Code, for the tnstallatzon of the landscaping YequiYed along the east and west pPOperty
lznes, and czlong the south property lane adjacent to Alkt Avenue
11 A 6 foot high, sight-obscurtng fence shall be mazntained along the east, west and south
boundarzes o.f'the site A szght-obscurzng fence as not Yequired along the north pYOperty ltne
12 All parkmg, storage, ciisplay and traveled areas on the site shall be paved. t
13 No outside Ioudspeakers sha11 be operated on the site
14 Signage foi the buslness i.s prolu`brted along Alks Avenue
15 The landscapzng plan submitted by the appticant must be Yevzewed and approved by the
City Plannang Davision, pursuant to the requarements of ChapteY 14 806 of the Ctty Interzm
Zoning Code A grading pemit and draznage plans must be submttted for the paving of the
traveled suYfaces on the site that are currently unpaved
16 All Yequired landscapang and pavzng must be tnstadled according to the approved plans
and per-mits by June 30, 2007 If the applzcant does not comply wzth such requzrement, the Ctty
Planning Dava.rzon may prohibat use of the south I20 feet of the stte for traaler dzsplay and sales,
upon the expaYation of 30 days wntten notzce to the applicant that such requiYernent has not been
met Thts does not lamtt other City enfoYCement remedze.r that may be available
17 Upon any dzscovef-y of potential or known aYChaeologdcal resouYCes at the subject pYOperty
prior to or du.nng futuYe on-site constYUCtion, the developer, contYactor, andJoY any other parties
HE Find.mgs, Conclusions and Decision ZE-05A-00 Page 13
involved in construchon shrxll tmmedaately eeczse all on-site construchon, shall act to protect the
pOtenttQl OY k?'201Nf'1 y1lStOP'lCQI CX72C1, CLGft'LtYLiI Y'e,SOuP'C2S QYeQ fr'om outsade antrusxon, and shall
nvqfy, wtthan a pnaximum period of twenty four (24) houts fpom the time of dr.seovery, the Caty of
Spokane Valley} Communaty Development Departnent of saad dascovery
18 The C'ity Plannang Drvisaon shall prepare and record with the Spokane County Auditor a
Title Nafaee, nottng that the property in questton is subject tv a vanety of specaal conditions
amposed as a re,sult of approval of a land use aetzon Thrs Tttle Notice sltall ,serve as publtc
notice of the condihons of approval affectang the propePty in questaon The Title 11Tance should
be Yecorded wzthan the same time frccme as allowed for an appeal and shall only be released, in
full or in part, by the Caty Dtvision of Plctnntng ?'he Tttle Idotice shall genePally pYOVide as
follows
"7'he parcel of property legally descrabed as "Lot 1 in Black 9 of Corbin Addrtton to
Greenacres, lytng southeasterly of the eounty Road survey of Haghway 90, e.xcept the
west 319 feet of suid lot" is the subject of a land use actzon by the Crty of Spak.ane Valley
Hearang Exarraaner on February 23, 2007, approving a change of CO7ZdItdO12.S tD Q pYIOY
rezone of the szte, and rrnposing a varaety of speczal development condttzons .k'zte No
ZE-05A-00, reluttng ta sucFt approvtxl, is available for mspectton and copying in the City
of Spokane valley Flanntng Divasron "
SPOKANE COUNTY ATR P4LLUTION CONTROL AUTH4RITY
1 Dust envssions dunng demqhtion, constructlon, and excavat.ion proJects shall be conbrolled
Appropnate measures shall mclude but are not lurnted to the use of water sprays, talps, sprmklers
or svspension of actmty dunng certaul weather condrt.ions
2 Measures shall be taken to avold the depasition of ciirt and mud from unpaved surfaces onto
paved surfaces If trackiug vr spffls occur on paved surfaces, measuxes mu.st be taken xumedia.tely
to clean these surfaces
3 Debrss generated as a result of this project sha11 be disposed of by means ather than burnu}.g
4 All ttaveled surfaces (i e ing,ress, egxess, parkmg areas, access roads, etc ) shall be paved
i and kept clean to mnrm,7e dust enussions
5 If objechona.ble odors result fi om tlus project, effectrve control apparatus and measures sball
be taken to reduce odors to a mmrtmmrm
6 Special attention shall be given to proper mamtenance of daesel powered constructYOn
equipment to reduce the unpact of dxesel exhaust, a suspended carcinogen
7 A Notice of Construction and Apphcation for Approval rs i equu-ed to be subrmtted and
approved by SCAPCA pnor to the construcnan, mstallation, or estabhshment of an air pollutxon
source Th1s includes emergency generatars rated at 500 bp (375 kW) or hlghei, natural gas
HE Finciuags, Conclusions and Decision ZE-05A-00 Page 14
heatmg equipment unrts rated at 4NINBTU/hr or higher (mput), and heatng eqiupment unrts
fired wrth other fuels (e g dzesel) rated at 1 MMBTU/hr (input) or higher The apphcant shall
contact SCAPCA for a Notice of Apphcation
8 A Notice of Intent must be submrtted to SCAPCA pnor to any demohtion project or
asbestos project An asbestos survey must be done by an AHERA accredited building mspector
pnor to the demohtion or renovation of btulcimgs to determine if asbestos-contauung matenal is
present at the site Contact SCAPCA for a Notice of Intent apphcation
DATED this 23'dday of February, 2007
CITY HEAYtING E It PRO TIEM
f ~ (0*.
1Vhich 1 C Dempsey, WSBA #823
NOTICE OF FINA]L ]DECJLSION ANI) NO"I'gC]E OF RIGHT TO APPEAL
Pursuant to Sechon 10 35 150 of the Criy of Spokane Valley Mulucipal Code (SVMC), as
amend.ed, the decision of the Hearing Exa.miner on an apphca.fiion for a change of condihon to a
pnor zone reclassifica.tion of property is final and conclusive unless within fourteen (14) calendar
days from the Fxaminer's wrrtten decision, a pariy with stancizng files an appeal of the decLsion
wrth the Crty Council of the Crty of Spokane Valley, Crty Hall, 11707 E Sprague Avenue, in
Spokane Va11ey, Washmgton, in accoxdance with all the requzrements of SVMC #10 35 150
This decision was mailed by certified mai.l to the Apphcant, and by first class maal to other
parties of record, on February 23, 2007 TLIE A,PPEA►L CY.OSING I)ATE g51VIARCH
MARCH 9, 2007.
The cornplete record in thus matter, ua.cludtng this decision, is on fi1e duruig the appeal
penod wnth the Office of the Hearuig Exammer, Thlyd Floor, Pubhc Works Biuldmg, 1026 West
~ Broadway Avenue, Spokane, Washmgton, 99260-0245, (509) 477-7490 The file may be
uispected dusmg normal workmg hours, hsted as Monday-Fnday of each week, except hohdays,
between the hours of 8 30 a.m and 5 00 p m After the appeal penod, the file may be uispected
at the City of Spokane Valley Department of Communrty Development, Division of Current
Planrung, 11707 E Sprague Avenue, Spokane Valley, WA, (509) 921-1000 Copies of the
documents ul the record wi1l be ma.de avatlaUle at the cost set by the City of 5pokane Va11ey
Pursuant to RCW 36 70B 130, affected property owners may request a change in valuanon
for property tax purposes notwithsstandmg any program of revaluation
HE Fmdings, Conclusions and Decision ZE-05A-00 Page 15
~
~ COmIIVIIJNITY DEVELOPMENT DEPARTMENT .
PLANNING DIVISION v a(~ p~Z ~cNy
Cff1'
e STAFF REPORT AND REC0MIl1MNDA'I
%Hey HEARING EXANiIlVER
Fu.E No: ZE-05A-00
STAFF REPORT DATE: December 14, 2006
HEARING DATE AND LOCATION: December 21, 2006, beginning at 9:00 a.m., Spokane Valley City Hall Council
Chambers, Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley, Washi.ngton
99206.
PROPOSAL DESCRIPTION: ZE-05A-00 Request to change conditions of previous zone change. The request entails
removing the 120 foot setback requirement along the south properiy line and to modify landscaping requirements.
PROPOSAL LOCATION: Parcel No. 55184.0912, addressed as 18502 East Broadway, located south of Broadway
Avenue and north of Alki Avenue, approximately 425 feet west of Barker Road, further located in the NE '/4 of the
SE 1/. of Section 18, Township 25 North, Range 45 East, Willamette Meridian, Spokane County, Washington.
PROPERTY OWNER: Arlo Huber; 18502 East Broadway Avenue; Spokane Valley, WA 99016
APPLICANT'S REPRESENTATIVE: John Montgomery; 2206 North Pines Road; Spokane Valley, WA 99206
APPROVAL CRTTERIA: Chapter 2(Land Use) of the Spokane Valley Comprehensive Plan (Ordinance No. 06-010);
Ordinance No. 06-011 updated Phase I Development Regulations and Comprehensive Plan Implementation Matrix
previously adopted by Ordinance No. 53; Chapter 14.402 (Amendments), Chapter 14.618 (Urban Residential-7); of
the Interim Spokane Valley Zoning Code; the City of Spokane Valley Environmental Ordinance; the City of
Spokane Valley Standards for Road and Sewer Construction Ordinance; tbe Guidelines for Stormwater
Management; a.nd the Spokane Regional Health District regulations.
SUMMARY OF RECOMIIMNDATION: The Planning Division after review and consideration of the submitted change
of conditions application and applicable approval criteria recommends that the Hearing Examiner #pproves ZE-
05A-00 subject to compliance with the conditions of approval sQecified herein.
STAFF PLANNER: Karen Kendall, Assistant Planner, Community Development Departmen
REVIEWED BY: Greg McCormick, Planning Manager, Community Development Department
ATTACHMENTS:
Exhibit 1: Vicinity Map
Exhibit 2: 2005 Aerial Map
Exhibit 3: Original Hearing Examiner decision dated June 12, 2000
Exhibit 4: Clarification request dated 6-22-00 and response by Hearing Examiner dated 6-23-00
Exhibit 5: Original conceptual site plan of record dated February 10, 2000
Exhibit 6: Change of Conditions Application Submittal i~ ( C,'
E x h i b i t 7: E x i s t i ng C o n d i t i o n s M aP d a t e d S ePt e m b e r 22, 2006 i! l
V ~
Exhibit 8: Determination of ComPleteness
Exhibit 9: Notice of Application Materials PD r'5
DE~
Exhibit 10: Notice of Public Hearing Materials Exhibit 11: Agency Comments Exhibit 12: Public Comments
Staff Report and Rccommendation w thc Hcaring Examincr for ZE-05A-00
Decembcr 14, 2006
Page 1 of 5
(
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1. BACKGROUND INFORMATION
APPLICATION PROCESSING:
~ Pre-Application Meeting ~ September 21, 2006
Application Submitted: ~ September 22, 2006
Date of Complete Determination: October 18, 2006
Date of Mailed Notice of Application Issued: October 27, 2006
Date of Technical Review Meeting: ~ November 8, 2006
Date of Published Notice of Public Hearing: ~ December 1, 2006
Date of Mailed Notice of Public Hearing: December 6, 2006
~ 120-Day Decision Deadline February 15, 2007
PROPERTY INFORMATION:
Size and Characteristics: The site is approximately 91,900 square feet or 2.10 acres in size. The site's
topography is flat. Vegetative cover consists of deciduous trees and grass.
Exusting Comprehensive Comdor Mixed Use
Plan Designation: ,
Existing Zon.ing: The site was rezoned in 2000 to Light Industrial (1-2), but the site is currently
zoned Urban Residential 7* (UR-7*).
Existing Land Use: The site is being used for retail use selling and conducting outdoor storage of
trailers. There is one existing building described in the application as a shop
approxi.mately 1,200 square feet and a metal building approxi.mately 2,400
square feet in size.
SURROUNDING COMPREHENSIVE PLAN, ZONING AND LAND USES:
North: Comprehensive Plan - Low Density Residential and Corridor Mixed Use
Zoning - Urban Residential-3.5 (LTR-3.5) and Regional Business (B-3)
Existing Land Uses - Single family residences and extension of trailer sales associated with use of
the sub,j ect parcel
South: Comprehensive Plan - Low Density Residential and Corridor Mixed Use
Zoning - Urban Residential-3.5 (UR-3.5) and Community Business (B-2)
Existing Land Uses - Si.ngle family residences
East: Comprehensive Plan - Comdor Mixed Use
Zoning - Urban Residentia13.5 (LTR-3.5), Regional Commercial (B-3) and Light Industrial (I-2)
Existing Land Uses - Single family residences and commercial business along Barker Street
West: Comprehensive Plan - Low Density Residential and Corridor Mixed Use
Zoning - Urban Residential 3.5 (UR-3.5)
Existing Land Uses - Single family residences
II. FINDINGS AND CONCLUSIONS SPECIFIC TO SEPA
Findiags:
Ordinance No. 48 (effective March 31, 2003) adopted on an i.nterim basis by reference the Spokane Environmental
Ordinance (Spokane County) thereby implementing the State Environmental Policy Act (SEPA) and Chapter 197-
11 of the Washington Administrative Code (WAC) within the jurisdictional limits of the City of Spokane Valley.
The Planning Division has reviewed the proposaUproject and has determined that the project is categorically
exempt from environmental review under the provisions of 13.200 (Definitions) of the adopted Application
Review Procedures for a Type II application.
Conclusion(s):
Staff Report and Recommcndation to the Hearing Examiner for ZE-05A-00
Decxmber 14, 2006
Page 2 of 5
1
.
!
Staff concludes the praposal was determined except from environment review due to the change of conditions
request.
M. FIlYDINGS ANIJr CC}NCLUSIONS SPECIFIC TU TBIE CHANGE UF CUNDITIONS ItEQUEST
A. BACKGROLTND UF PRE'VIG1US REZ4NE REQUEST:
The previous zaning action was approved to an I-2 zaae by the Baard of County Cgmrnissivners (BOCC) an May
15, 1990. The site was canditions ta install pavement, type I landscaping on the east and west property lines within
a speci~'ied time firame to Qpeara.te hauling of trucks for agricultural purpases. The use was abandoned and the
County reversed the zoning tv UR.-3.5. The use of the site continued to operate withQUt proper approval. A rezone
request was submitted in February of 2000 fram LTR-3.5 to I-2. Un June 12, 2000 a conditioned approval was
granted for Light Industrial (I-2) zaning designatian. Tbe conditioa in question limited use of the south one
hundred and twenty (I2U) feet of the site (No. 11 of 6- 12-00 decisian). Additionally, the site was eonditioned (No.
12 of 6-12-00 decisivn) to provide iype I landscaping along the south 120 feet (restricted use area) of the site, fifteen
(15) feet of type I along the east and west site boundaries and five (5) o#"type IIT along Broadway Avenue and Alki
Awenue.
B. ANALYSIS UF REQUEST TO CHANGE CUNDM+[)NS:
Findings:
The site is currently zoned Urban Residential 7* (LJR-7*). Current use of retail and stvrag+e of trailers was
utilizzing the entire site contrary to candition number 1 I of the rezone request in June of 2000. Follawing
invesxigations frvm the City's Gode Enforcement Division, the svurh 120 feet was cieared of trailer storage and the
request for a change of coaditiQn was initiated.
Staff finds within the Hearing Examiner's a.nalysis from the original rezvne request there were two (2) possible
reasans for restricting use the south 120 feet of the site. A revised site plan was entered into the record as an
exhibit stating the sauth 120 feet or approximately 21,5 84 square feet vvauld be phased at a later date for a future
display area. Secandly there was agposition tv the rezone request by severa.l neighbors located to the south of the
site slong Alki Avenue. 5taff finds r+emcaving cQnditian number 11 of the ariginal decision would nat be in canflict
with the Gity's regulativas nor in coaflict with the use currentIy operating an the site in the appraved I-2 zaning
designation subject to increased and prvperly installed iandscaping.
Staff notes only a portivn of the required landscaping in condition number 12 wa.s installed andlor installed
properly. The condi#ion states "fIt least iwenty (20) feet of Type I landscaping shall be r`nstalled along the south
120 feet of the east and west bourzdaries of the site. Rt least fifteen (15) feet of Type I ILI7ZdsCapi1lg ShQII hE'
irzstalled alorrg the remainder of the east and west bpundaries of the site. .4t least S feet of Type ~~'I Icmdscapin,g
shall be installed along B'roadwcry 14verrue and 141ki Avenue. " S#aff finds the 20 feet of type I landscaping (14.806
Interim Zoning Code) to be installed alang the south 124 feet was not insxa.lled, the 15 feet of fiyge I a1Qng the east
and west properly lines was iustalled witb bark, grass and evergreen trees vnly and the fiwe feet of type III was
oaly i.nstalled atang BrQadway Avenue and not along Alki Avenue.
CQOClusion(s):
Staff s analysis cvncludes that the ease of the south 120 feet of the site is acceptable based upan increased
landscaping requirements properly installed that shall be regulated tbrough unplementa.tion of agplicahle canditians
of approval,
IV. F'INDINGS AND CUNCLLT5ION5 SPECIFIC TC) PiTgLIC C(}MMENTS
Findings:
Staff Repvrt and Rewmmcndation to the Hearing Examiner for 2E-05A-00
Deccmber 14,2006
Page 3 of S
~
r
r
Following the issuance of the notice of application sent on October 27, 2006, the table below identifies the written
public comment letter received for this proposal including the name and contact i.nformation of the commentor, the
date received, and a summary of the key issue(s) raised in the comment letter. Please note that the summary is not
intended to be all inclusive of issues or concerns raised, but rather to highlight key issues or concerns.
COMMENTOR'S CONiMENTOR'S DATE SUMMARY OF KEY LSSUES RAISED
NAME ADDRESS RECENED RELEVANT TU PROPOSAL
Corliss Wright 18512 East Alki Avenue 11-9-06 via Concerned with operations on site since
Spokane Vly, WA 99016 fax 2003 have not complied with 2000 rezone
decision. Contacted the City regarding code
enforcement action. Request to reject the
change of conditions.
Alison Clark 18518 East Alki Avenue 11-8-06 via Concemed with the rural feel of the
Spokane Vly, WA 99016 mail neighborhood along Alki Avenue. Site has
not complied with requirements from 2000
decision and concerned with environmental
unpacts. See trucks associated with site use
Alki and concerned with traffic and safety.
Greg and Susan 18601 East Alki Avenue 11-7-06 Opposed to request. Several concems
Hicks Spokane Vly, WA 99016 regarding subject parcel and operations
conducted through out the years including
presently. Concemed with traffic and safety
on Alki Avenue.
Phillip and 3912 N Corrigan Rd. 10-31-06 Concemed with maintaining the residential
Marilyn Omlor Spokane, WA 99027 neighborhood.
Conclusion(s):
As currently proposed the change of conditions complies or will comply with the conditions of approval. Staff
notes that where applicable issues identified in the public comment are addressed in conditions that City staff and
outside agencies are recommending as conditions relevant to the proposal. All commenting parties will be sent a
copy of this staff report and recommendations.
Staff concludes that adequate public noticing was conducted for ZE-05A-00 in accordance with adopted public
noticing procedures. No public comments have been received as of the issuance of this document in response to
the notice of public heari.ng.
V. FINDINGS AND CONCLUSIONS SPECIFIC TO AGENCY CONIlIMNTS
Findings: Agency comments are attached as exhibits to the staff report and recommendation. The following agencies
submitted written comments for the proposal:
1. Spokane Valley Department of Public Works - Development Engineeri.ng Division
2. Spokane County Division of Utilities ~
3. S p o k a n e C o u n t y F i r e D i s tri c t N o. 1 ~C
4. Spo k a ne Coun t y A i r Po l lu t ion Con tro l Au t horit y ( S C A P C A) i(~ ,J
5. Spokane Tribe of Indians C[C 2'c~06 ~
6. Avista Utilities 1 '
7. Qwest LJ _ ~
Coaclusion(s):
Staff Report and Recommendation to the Hearing Examincr for ZE-05A-00
December 14, 2006
Pagc 4 of 5
$
These agencies have idennfied improvements and recommended condihons of approval for conformity to applicable
standards and regulahons for the physical development of the site Where appropnate these agency comments have
been mcorporated as recommended condihons of approval m the staff report and recommendation to the Hearing
Exammer
VY. OVERALI. CONCg,USIOIV
Staff concludes that the request to allow use fo the south 120 feet of the srte pursuant to File No ZE-05A-00 does
conform with apphcable standards of the Intenm Spokane Valley Intenm Zomng Code, staff find the request can be
made consistent with the implementation of applicable conditions of approval
VIL STAFF RECONIlIIENDATI0N
The Planning Division after review and considerahon of the submitted applicahon and applicable approval cntena
recommends that the Hearing Exammer aQprove subject to compleance witb the conditions of spproval specifned
berein:
The followuig are condibons of approval that apply to ZE-OSA-00
SPOKANE VALLEY CONqMiJNITY DEVELOPMENT DEPARTMENT - PLA►NNING DIVISION
1 All condibons of ZE-05-00 decision dated June 12, 2000 sha11 conrinue to apply to the srte (55184 0912) subject
to the change of condition number 11 and 12 below
2 Remove condition number 11 and allow use of the south 120 of the subject parcel (55184 0912}.
3 Maintam requuements of condition number 12 except the 20 feet of type I landscapmg located along the south
120 feet of the site shall not be requued
4 A landscape plan shall be submitted pursuant to Chapter 14 806 of the Intenm Zonmg Code for mstallarion of the
reqwred landscapmg in condibon number 12 along the east and west property lines and Alla Avenue
5 A landscape plan shall be submitted and approved by the Crty of Spokane Valley Plannmg Division along with
complete installation of landscaping pursuant to requuements of Chapter 14 806 of the Intenm Zonmg Code All
landscapmg be shall be completely installed pursuant to approved landscape plan wrthin six (6) months fi-om the
date of the decision or June 30, 2007, whichever is greater Failure to coanplete tbis requiremeot shall result in
the change of conditions decision (fiDe number ZE-05A-00) become null and void.
Staff Report and Recommendation to the Hearmg Exammer for ZE-05A-00
December 14, 2006
Page 5 of 5
Publec V~lorks/Development
EG;.Cm ~ &ne
Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509 921 1000 0 Fax 509 921 1008 0 cityhall@spokanevalley org
iv, m ~ cl,~ ~ ~r OU m
To: Karen Kendall - Assistant Planner ~ From: Alysa 1iViyrick, E IT. - Assistant Development Engineer
Date: Idovember 8, 2006 Re: ZE-05A-00 Change of Conditions Technical Review Comments
'g'he following comments peg-tain to the rezone change of conditions application:
Pubiic Works has reviewed the rezone change of conditions proposal for ZE-05A-00 to remove
the 120-foot setback requuements along the south property luie (Alki Avenue) and to modify
landscaping reqwrements We have no issues at tlus hme All engineering heanng conditions for
ttus rezone must remain unchanged
• ' S a'npCOMMUNITY DEVELOPMENT DEPA.RTMENT
PLANNING DIVISION
%iley
49;00 ROUTING MEMORANDUM
Date: October 26, 2006
To: City of Spokane Valley Engineering Department - Alysa Wiyrick
City of Spokane Valley Code Enforcement Division - Chris Berg
City of Spokane Valley Building Division - Mike Turbak
City of Spokane Valley Fire Department - Rick Freier
City of Spokane Valley Police Departrnent -Greg Snyder
Spokane County Division of Utilities - Information Services; Jim Red
Spokane County Air Pollution Control Authority - Charles E. Studer
Spokane Transit Authority - Gordon Howell
Consolidated Irrigation District
Office of Archaeology & Historic Preservation - Stephenie Kramer
Spokane Tribe of Indians - Randy Abrahamson
Spokane County Boundary Review Board - Susan Winchell
Comcast - Rich Barnes/Bryan Richardson
SEFNCO Communications (Consultant to Comcast) - Jeff Tapplin
Avista - Claude Kaler
~ (F::0
Qwest - Don Hartzog
From: Karen E. Kendall, Assistant Planner
11707 East Sprague Avenue, Suite 106
Spokane Valley, WA 99206 oCT 26
~
PH:509.688.0172
FX:509.921.1008 o~
r r
E-MAIL: kkendall@spokanevalley.org '
SUBJECT: Review and Comment on Submitted Application Material for ZE-05A-00 Request to change
conditions of previous zone change. The request entails removing the 120 foot setback requirement along
the south property line and to modify landscaping requirements.
RELATED FII.ES: PRE-73-06 (Pre-Application)
LOCATION: Parcel No. 55184.09125 addressed as 18502 East Broadway, located south of Broadway Avenue and
north of Alki Avenue, approximately 425 feet west of Barker Road, further located in the NE of the
SE 1/. of Section 18, Towaship 25 North, Range 45 East, Willamette Meridian, Spokane County,
Washington
Please review the attached Application Material and submit written comments via mail, facsimile, mail or in
person at the Technical Review Meeting by November 8, 2006 at S:OOpm to the attention of t6e staff person
identified above.
THE CITY REQUESTS YOUR ATTENDANCE AT THE TECwoCAL REVEEW MEETING SCHEDULED
ON NOVEMBER H, 2006 AT 4:00 P.M.
Attachments: - Change of Conditions (Zone Change) Application
ZE-05-00 Hearing Examiner's Decision and clarification letters
Vicinity Map & 2005 Aerial Photo
Existing Conditions Map
11707 E. Sprague • Suite 106 • Spokanc Valley, WA - 99206 •(509) 921-1000 • Faz (509) 921-1008
or a se n y
qe Community Development Department G
, 11707 East Sprague Avenue, Suite 106
41ley Planning Division LENGINEERING UBMITTED: 1 IZZ. IO(~RECEIVED BY: M-i-.1~ .
. Spokane Valley, WA 99206 ./NAME: Z~' OSK - CsG
Tel: (509) 921-1000 C~(o00~~k~-
Fax: (509) 921-1008
planninaCabsDokanevallev.OrQ T PLANNING FEE:~ Ccf
FEE: ~
Jl1~V~! V
SEP z 2 2006
SPOKANE VALLEY REZONE REQUEST APPLICATION
DEPARTMENT OF
y1~:///~ l1 1atT i rlrl Irl /"n! ArIT
PART I - APPLICATION INFORMATION
APPLICANT INFORMATION:
APpt,IcANT: Arlo Huber c/o John MontogmerNi
MAILING ADDRESS: 2206 N. Pines Road
CITY: SPokane STATE: WA Zir: 99206
PHONE: (HOMFIWORK) (509) 9 2 4- 3 6£i(VAX) (509) 9 2 2- 21 9 6 (CELL)
Pluse Circlc
NOTE: IF APPLICANT IS NOT THE OWNER, 1NCLUDE WRITTEN OWNER AUTNORIZATION F'ROM TIIE L,EGAL OWNER BFLOW:
OWNER INFORMioIOuber
LEGAL OWNER: A
MAILING ADDRESS: 18502 E. Broadway
C1TY• SPokane Val ley STATE: WA ZIP: ,9 9 0 1L6
PNONE: (HOME/WORK) 9 2 7-1 7 O 1 FAX) 5 3 4- 8 5 0 6 (CELL)
Pw~ ci«ic
PART II- PROJECT INFORMATION
PARCEL NUMBER(S) OF S1TE: 55184.0912
E. 18502 Broadway
STREET ADDRESS OF S1TE (if any):
GPakzxLe, v~lley, Wn 9444-c Flat, existing metal
EXISTING USE OF PROPERTY (e.g. flat, rolling, vacant, shvctures, septic, well):
buildinq, (shop) 24x48 buildinQ_ siTP drywell and drainaqe pond.
SIZE OF SUBJECT PROPERTY (square feet): 91 , 900
NUMBER OF LOTS: 1
EXISTING ZONE CLASSIFICATION(S): I-2 subj ect to --conditions
change in conditions only `
PROPOSED ZONING:
COMPREHENSIVE PLAN CATEGORY: CMU a Corridor mixed Asb
LIST PREVIOUS LAND USE ACTIONS INVOLVING THIS PROPERTY: Spokane Coun ty : 9 0- 0 81 4
ZE-052-89, BOCC Findinqs ZE-052-89, 90-0595, 90-0351f 89-0985r ZE-U-B$
and ZE-5-00 , MichaelDembsey le_ r c~atPd -TUnA ?,.3..y 2()O()r a4l-d g~~
County's Administrative Interpretation and implied approvals thereafter.
Page 1 of 4
Revised 7/21 /2005
PROPOSED USI: OF PROPERTY: ❑ Duplcxes ❑ Multifat,lly dwellin~.-,
,
❑ Singlc fami{y dwc{lings [3usincss ❑ (nduslrial
92 Mixcd U5c ❑ Manufaclurccl homes
KR Ochcr- Dcscribc: Sales of licrht dutv trailers and repa~~;s
f'ROPOSED NUMIIER OF LOTS: 1
PROPOSED ACCESS TO LOTS: ❑ Privatc Driveway, 3 lots or icss
❑ Privatc Road, 4 lots or morc ❑ Public Strcet
❑ Statc H ighway
Broadway Avenue ( direct ) via primarilv 8arker
NAME OF PUBLIC ROAD(S) PROVIDlNG ACCESS:
IiAVE YOU 1'ROVfDED ACCESS TO ADJACENT PROPERTY 1'I-#.AT 1S "LAND LOCKED" WITHOUT ACCCSS TO
PUQLIC ROAD?
❑ Ycs K] No lF NO, EXPLAIN WHY: n/a
PROf'OSED SOURCE OF WATER:
❑ lndividual wclls Public systctn ❑ Privatc Community systcm
❑ Othcr - Dcscribc:
PROPOSEU MEANS OF SEWAGE DISPOSAL:
❑ Public Scwcr ❑ Community Syslcm ❑ Septic Tank and Drainfieid
❑X Othcr- Dcscribe:Private pump sewer system and line connecting to Spokane
C:ounty 5ewer 5yst-elu.
t)T1L1TY COMPANIES AND DISTRICT TO PROVIDE SERVICE TO TI-!IS PROPOSAL:
Elcctricity: Av i s t a Gas:
Watcr: Consolidated Irr. #;*/v Sewcr: Jt~:"..*:~' ~ A ~/%f- i.<<.
Phonc: various Cable: n/a
Firc District: F, c~ 3)1%1~~., Schooi: n/a
Othcr:
1S THE PROPOSAL SITE ADJACENT TO, OR DOES IT INCLUDE, A BODY OF WATER (e.g. cxposcd slanding
watcr, pond, year round stream, rivcr or lakc)?
❑ Yes fl No lF YES, L1ST:
DOES THE S1TE HAVF FLOODPLAINS? ❑ Ycs D*qo IF YES, IDENTIFY THE: CC►MMUNITY
PANEL NO & FLOOD ZONE NO.:
DOES THE SITE }IAVF ANY WETLANDS (open watcr, seasonal watcr, marsh areas, water saturated soils or wctland
plants such as "cat lails")? ❑ Ycs KX No 1F YES, L1S'T:
1F YES, HOW CLUSE TO THE E30UNDARY OF THE WETLAND tS DEVELOPMENT PROPOSED TO OCCUR?
n f a FEET
DOES THE SITE PRESENTLY NAVE F1S}] OR WILDLIFE HABITAT? ❑ Yes [3 No
IF YES, IDENTIFY KNOWN TYPES OF WILDLIFE: n/a
~ i'agc 2 of 4
Reviscd 7/21/2005
DOES TI-IE SITE IiAVE CRITICAL AREAS (such as slopcs over 30%, unstable soil or rocks pronc to landslidcs, sci,cr
crosion, flooding or othcrs)? 1F YES, IDENTIFY: No '
I'i0'r'flll HAVE ANY FTi.,ANS 'rf3R r+flTfJRE ADBTiTivNS, i+.XPANSiONS r'R FiJRTi-iEit /+CTiVjTY RETi.ATED Tfi
TN1S PROPOSAL? ❑ Yes N No
1F YES, EXPLAIN:
. , .
4~ ~ t~-".-,
WHAT ARE THE CHANGED C0IYDITIONS OF THE AREA WH1CH YOU FEEL MAKE TfJIS P ~ WARRANTED?Request is made to eliminate 120 foot set-back on No t~ ~oundar,
thereof, and landscaping in accordance with revisions to pe et-back
area ror storage ot trailers ana sales, ivot a zone change. No cnange in
=-n-nd -it. iCt~S d--to .e rr13ZP13.Ta-rt1r',, 1A~rlU ; f r-hancrP i n r_nnr7 i t i nn
conforms to Comprehensive Plan. More commercial use generally,
anticipatec~improvements to barker n. Change in underlying zoning Lo UR-'
WHAT FACTORS SUPPORT THE ZONE RECLASSIFICATION?
CONSISTENCY WiTIi THECOMPREHENSIVE PLAN: Corridor mixed use. April, 2006,
Comprehensive Plan states: " encourage development of locally serving
commercial uses... as primarly used along Sprague Ave, in order to
space the areas designated commercial."
COMPI_IANCE WITH PURPOSE AND 1NTENT OF "LONING: Text of zoning ordinance is currentl,
being revised.' Zoning was changed conditionally in,June, 2000, to I-2.
Applicant will argue that I-2 zone change was site specific and therefore
was more applicable tothe prior use- as opposed to industrial uses. No
industrial use is contemplated nor has property been so uriiized.
WHAT IMPACT W1LL THE PROPOSED ZONE RECLASSIFICATION HAVE ON THE SURROUNDINC AREA?
Chanqe of conditions only.
WHAT MEASURES DO YOU PROi'OSED TO MITIGATE YOUR PROPOSAL'S IMPAC"T ON SURROUNDING
LAND USE?
Business hours of operation to be limited. Generally week days and
Saturday. Use of property will be less'intensive than those of the I-2
zone. Use will be limited to trailer sales (horse, utility, box trailer,
all light duty) and light repair primarily related for personal use as
opposed to comm ;,~.c~ia, se of trailers. Repair work is accomplished
primarily in -i of existing shop. Type of work involves
adjusting of doors and hitches, installation of hitches and gooseneck
connection in pick-up trucks, repair aluminum sheeting, minor
electrical wiring, and placing mats in horse trailers. Shop is also
used for storage of tools and trailer parts.
I'agc 3 of 4
Revised 7/21 /2005
PAR'I' IV - CERTIFICATION BY SP0KANE REGIONA.L HEAL'I'H I)IS'TRICT
SPOKANE REGIONAL I3EALTH DIS'I'RICT
RCW 36 70 B requves early coordination and mformation
A PRELIMINARY DISCUSSIQN HAS TAKEN PLACE, A CQMPLETE APPLICATION NIUST
INCLUDE
B. ❑ SEE ATTACHED LETTER DATED
After a prelimrnary review of lhe proposQl, 1 have advrsed the apphcant of some of
the Spokane Regionol Health requrrements A complete and delacled review wrll be provrded after the
apphcalion ts submtttet4 whrch wt11 result tn cr complete lrsl of requrremenls and condrltons regardtng Health provtsrorts for
the proposa!
SIGNATURE TITLE DATE
PAt'I' V- LEGAL OWNER SIGIVATiJRE
(Signature o61ega1 owner or representative as authorized by legal owner)
I,ARLO HUBER ,(print name) SWEAR OR AFFIRM THAT THE
ABOVE RESPONSES ARE MADE TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE
I FURTHER SWEAR OR AFFIRM THAT I AM TI-E OWNER OF RECORD OF THE AREA PROPOSED
FOR THE ABOVE IDENTIFIED LAND USE ACT10N, OR, iF NOT THE OWNER, ATTACHED
HEREWITH IS WRITTEN PERMISSION FROM THE 4WNER AUTHORIZING MY ACTIONS ON
HIS4MR BEHALF
ADDRESS E. 18502 Broadway PHONE (509) 927-1 701
Spokane al ey , WA Zjp 992016
_
Si ature) (Date)
1v01'ARY
(For Part I above)
STATE OF WASHINGTON ) ss
COUNTY OF SPOKANE )
SUBSCRIBED AND SWORN to bef~th~s 21 st day of September 120 06
~ Sg10N 4~1',0~~ I `
SIGNATURE
O O tynTARY
j v_C~o _ Notary Pu ic i and for the State of Washington
N
PUBLIC oZ Residing at Spokane, Washington
FwAS My appointment expires -oi
Page 4 of 4
Revised 7/21/2005
~
~
S P O K A N IS C O U N T Y
s=. .
OFFICE OF THE HEARING EXAMINER MICHAEL C DEMPSEY CHIEF EXAMINER
June 23, 2000
Cathy Ramm, President
Ramm Associates Inc
25 South Altamont
Spokane, WA 99202
RE File No ZE-5-00, Huber rezone, request for reconsideration
Dear Ms Rarrun
I am in receipt of your letter dated June 22, 2000 requesting reconsideration or
clanfication of my decision dated June 12, 2000 in the above matter I received your
letter on June 23, 2000
There is no ambiguity in my decision regarding the south 120 feet of the subject property
County Planrung condition #4 requires the project to be developed in accordance wlth the
site plan of record, subject to conditions of approval and compliance with applicable
development regulations This italicized language in County Plammng condition # 11
precludes use of the south 120 feet of the site, and accordingly limits County Planrung
condition #4 (as well as the other County Planning conditions)
I don't have a problem with eliminating the landscaping required along the east and west
penmeters of the south 120 feet of the site, provided a sight-obscunng fence meeting the
requirements of Zorung Code 14 632 355 are installed along the north boundary of the
south 120 feet, and the landscaping along the east properiy line is increased to 20 feet of
Type I landscaping Such fencing would accompany the other fencing already required
along the east and west site boundanes, around the display area which would be located
north of the south 120 feet of the site
The 5-feet of Type III landscaping required adjacent to Alki Avenue is still needed, but
such landscaping could be placed either along the south boundary of the site, or adjacent
to the fence requlred along the north boundary of the south 120 feet of the site, as
determined administratively by County Planning staff
This was a marginal rezone request, and the applicant barely camed his burden of proof
with the conditions imposed by the Heanng Examiner I found the 1990 rezone of the
site to the I-2 zone for an agncultural trucking operation, which was later nullified when
such use was abandoned and the conditions of approval not met, to be a very questionable
land use decision
THIRD FLOOR PUBUC WORKS BUILDING
1026 WEST BR04DWPY 4VEMIE, SPOKaNE, WA.SHBVGTON 99260-0245
PHONE (509) 477-7490 o FP,X (509) 477-7478 o TDD (509) 4777-?133
ZE-5-00
Request for Reconsiderahon
June 23, 2000
Page 2
As long as there are homes located ad}acent to the south 120 feet of the site, on parcels
zoned UR-3 5 in the Urban category of the Comprehensive Plan, industnal uses should
not be developed on the south 120 feet of the site If cucumstances change, then a change
of conditions may become appropnate A rezone of such area of the site for a use more
compatible with the nearby residences is also a possibillty
My June 12, 2000 decision ul the above matter is hereby reconsidered and amended to
allow the apphcant, at his option, to not landscape the east and west boundanes of the
south 120 feet of the site as required in the decision, provided (1) the landscapulg
required along the remauzder of the east property line is increased to 20 feet of Type I
landscaping, (2) a sight-obscunrig fence meeting Zorung Code 14 632 355 is mstalled
along the north boundary of the south 120 feet of the site, and (3) 5 feet of Type III
landscaping are installed along the south boundary of the site or adjacent to the fence
required along the north boundary of the south 120 feet of the site, as determined
adnurustratively by County Planrung staff
The deadline for apveal of this decision to the Board of County Commissloners is herebv
extended to June 28 2000
Sincerely,
0 x J-101d, ~ ,
Michael C Dempsey
Heanng Examiner
Enclosure
c Mark Huber, 6222 East Desmet Avenue, Spokane, WA 99212
Parties of record
Tammy Jones, Division of Planning
Scott Engelhard, Division of Engineenng
1
40
June 22, 2000
R&NEW
A S S O C I A T E S I N C
Mr M'ichael C Dempsey, Heanrig Examiner
1026 W Broadway Ave
Spokane, WA 99260-0245
Re Zone Reclassification from UR 3 5 to I-2 for Mark Huber (ZE-5-00)
Dear 1Vir Dempsey
On behalf of Mark Huber, I am requesting clanfication or reconsideration of the modified
conditions set forth in your approval of the above referenced zone reclassification Was
the uitent of the modified conditions was really to preclude use of the south 120 feet of
the site? Condition 11 would preclude any use of the south 120 feet of the site, yet
Condition 4 states the site shall be developed according to the site plan of record The
revised site plan of record indicated the south 120 feet of the site would be for a, future
expansion area The intent of the revised site plan was to contain costs by not paving that
area for trailer sales display until it was ready to be used The landscaping around the
penmeters of the south 120 feet was proposed in anticipation of being able to use that
area of the site Condition 12 requires landscape buffenng of the south 120 feet of the
site, which would not be necessary if the area cannot be used
There is no objection to the landscaping or fencing wlvch will provide a very adequate
buffer for the proposed use of the south area of the site if it can be used at a future date
We sincerely hope that the intent of the modified conditions was not to preclude futui e
use of the south 120 feet of the site
It is my understanding that tlvs request stays the remaunng appeal penod until we receive
a response from you For your uLformation, I will be out of the country beguuung June
29th , but I vvill be back in the office on July 10th Thank you for your further
consideration of this matter
Sincerely,
Ramm Associates, Inc
c 2 wja-"~~
Cathy H Ramm
President
c Mark Huber, 6222 E Desmet Avenue, Spokane, WA 99212
P L A N N I N G A N D L A N D S C A P E A R C H I T E C T U R A L S E R V I C E S
South 25 Altamont - Spokane, Washington 99202
509/534-8086 - FAX 509/534-8159 - E-MAIL ramm@rammassociates com
SPOKANE COUN'g'Y HEARING E lZ
RE Zone Reclassificahon from the Urban ) FINI)IliTGS OF FACT,
Residential-3 5(LJR-3 5) Zone to the ) CONCI.USIONS OF I,AW,
Light Industnal (I-2) Zone, ) AND I)ECISION
Applicant Mark Huber )
File No ZE-5-00 )
1. SUMMARY OF PROPOSAI, AND DECISION
Proposal: Applicahon for a rezone from the Urban Residential-3 5(UR-3 5) zone to the
Light Industnal (I-2) zone, on 2 3 acres of land, for truck and automobile trailer sales and those
uses allowed in the I-2 zone
Decision: Approved, subject to modified condihons
111. BACKGROLT1VD//FINI)INGS OF FACT
A. GeneralInformation:
Applicant: Mark Huber, c/o Ramm Associates, Inc, 25 South Altamont, Spokane, WA 99202
Legal Ovvnea-: Mark Huber, 6222 East Desmet Avenue, Spokane, WA 99212
Location: Generally located south of and adjacent to Broadway Avenue, approxunately 350
feet west of Barker Road, in the SE '/4 of Sechon 18, Township 25 N, Range 45 EWM, Spokane
County, Waslungton
I.egal Description: County Assessor's Tax Parcel No 55184 0912, as more panccularly
descnbed in the Nohce of Real Estate Contract, attached to letter dated 2-10-00 from Cathy
Ramm to Tammy Jones, in Plantung File No ZE-5-00
Zoning: Light Industnal (I-2) zone The site is also located inside the Aqwfer Sensihve
Area Overlay zone and the Public Transit Benefit Area designated by the County Zonuig Code
Comprehensive Plam Categofl-yo Urban The property 1s also located within the Aquifer
Sensitive Area, Pnonty Sewer Service Area and Urban Impact Area designated by the
Comprehensive Plan
IUGA: The site is located uiside the intenm urban growth area boundanes designated by
the County pursuant to the Growth Management Act
EnvironmentaIl Review: A Determination of Nonsigruficance (DNS) was issued on Apnl
21, 2000
HE Findings, Conclusions and Decision ZE-5-00 Page 1
Site Description: The subject property is approximately 2 3 acres in size and generally
rectangular in shape The site is relatively flat, contains an approximately 2,400 square foot
building at its north end, and is currently vacant The property is unpaved and devoid af
landscaping, but has some large deciduous trees along its borders Between nud-1986 and
February, 1992, the site was used for an agncultural truck hauling operation See letter dated
3-20-00 in File No ZE-5-00 A zorung compla.int prompted the rezotung of the site to the I-2
zone in 1990, to make such use conform with zoiung regulations
Surrounding Conditions: Broadway Avenue is designated as a Minor Artenal by the
County Artenal Road Plan in the vicuuty, between Barker Road to the east and Flora Road to the
west Broadway Avenue is unpaved, but open to travel, between the site and Greenacres Road,
which lies approximately 600 feet to the west Such road is closed and uiu.mproved between
C'rreenacres Road and Flora Road Broadway Avenue has a nght of way width of 60 feet, and is
curbed along the frontage of the site east to Barker Road Such road continues easterly from
Barker Road as a Local Access road, from a point lying approxunately 160 feet north of the
westerly extension of Broadway Avenue from Barker Road
The site lies southwesterly of the Interstate 90Barker Road freeway interchange, and
ranges from 250-300 feet south of the westbound freeway off-ramp of the mterchange The
travel lanes for I-90 range from 400-500 feet north of the site See County Engineer plat map for
Sechon 18 The access road illustrated by the zorung and comprehensive plan maps attached to
t11e staff report, extendmg between the off-ramp and Broadway Avenue north of the site, does not
exist Appleway Avenue to the south, and Barker Road to the east, are designated as Prulcipal
Artenals Alki Avenue to the south is a Local Access road Wire fencing extends along the
south side of Broadway east of the site
A 4-acre parcel of land lies north/northeast of the site, between Broadway Avenue and the
freeway interchange, is zoned Regional Business (B-3) and is developed with a manufactured
home sales/d.isplay business The land lying northwest of the subject property, between
Broadway Avenue and the freeway interchange, is developed with single-fanuly homes on lots
ranging from a quarter acre to an acre in size, wluch lots are zoned UR-3 5 A single-family
home lies northwest of the site, across Broadway Avenue The site is bordered on the west by a
1-acre parcel zoned UR-3 5 Such parcel is unproved with a single-family home at its south end,
along Allci Avenue, and contains large arumal-keeping and outbuildings on the remainder A
1 5-acre parcel zoned UR-3 5 lies west of such parcel, and contains a single-family home along
Alla and pasture on the remainder Single-family homes and undeveloped land, on smaller-sized
parcels zoned UR-3 5, are found west of such 1 5-acre parcel
The land lying southerly of the site and Alki Avenue is zoned UR-3 5 and is dominated
by smgle-family residences on lots ranging in size from a half acre to 1 acre in size A half acre
parcel zoned I-2 and developed vvith a mecharucal shop is found at the southwest comer of Alki
Avenue and Barker Road Such parcel was rezoned Restncted Industnal (RI) under the County
Zonuig Ordinance in 1979, for development of an office/warehouse use See Heanng Examiner
Committee decision in File No ZE-10-79 In 1981, a change of conditions was granted to allow
development of a mechasucal shop under such zone See Board of County Commissioners
decision m File No ZE-10-79 In 1991, the zonuig of such parcel was automatically reclassified
to the I-2 zone, under the Program to Implement the County Zoning Code
HE Fuldings, Conclusions and Decision ZE-5-00 Page 2
The site is bordered on the east by a 2-acre tax parcel zoned UR-3 5, compnsed of 3
platted lots Such parcel has a residence at its south end along Alki Avenue, and has
outbuildings, a garden and large a.nimal-keepizg on the iema.Inder Between such 2-acre parcel
and Barker Road to the east are found half acre parcels zoned UR-3 5, developed unth single-
family homes, or undeveloped
The land lying east of Barker Road includes smgle-fanuly parcels and undeveloped land
zoned UR-3 5, and commerciaUindustnal uses on land zoned B-3 and I-2 Tlus includes some
recent rezones to the B-3 zone and I-2 zone The commerciaUuidustnal uses mclude RV sales,
boat sales, truck repair, manufacturmg and retail sales The nearest commercial uses to the site,
located east of Barker Road, are found north of Broadway Avenue or south of Allu Avenue
Pubhc sewer is available southeast of the site at Appleway Avenue and Barker Road, by
gravity, and also northeast of the site at some dista.nce east of Barker Road, north of Broa.dway
Avenue, by pumpmg
Zoning History of Site: The site was onginally zoned Agncultural (A) in 1957, under the
now expu-ed County Zorung Ordmance On May 15, 1990, the site was rezoned to the I-2 zone,
under the County Zoiung Code, to allow an existing but allegedly unlawful agncultural and truck
haulmg operation Such business utilized a number of graui haulmg trucks and trailer
combinations The existing 2,400 square foot builduig on the site was used for a 266-square foot
office, with the balance used as a shop/gazage for maurtenance and minor truck repair The rest
of the site was used for employee parkmg, truck and trailer parkulg/storage and a staging area
See Exhlbit A, Comnussioners Document No 90-0814, Board of County Comnussioner's
decision dated 7-3-90 in Plaiuung File No ZE-52-88, and site plan of record in File No
ZE-52-88 The site was owned at the tune by the current apphcant and lus father, Arlo Huber
The 1990 rezone of the site to the I-2 zone was specifically condinoned on the apphcant
subnutting a site plan which would provide for, within 60 days, the paving of all portions of the
site used for travel, parking and vehicle storage, and the installation of 20 feet of Type I
landscaping along the boundanes of the site The rezone restncted the use to the existing
agncultural haulmg operation, as indicated on the site plan of record, and prohibited any
expansion of the use The rezone also provided for reversion of the I-2 zone to the Agncultural
(A) zone, or other appropnate "cross-over zone" of the County Zoning Code, at such time as the
agncultural haulmg operation on the site was continued
The truck haulmg operation was abandoned in approxunately February, 1992 See
notation on Valley Voice article attached to letter dated 3-20-00 from Greg and Sue Hicks
On July 31, 1992, the applicant at the hme, Arlo Huber, was notified by the County Planntng
Department, by cerhfied mail, that the zorung of the site would automahcally revert to the
UR-3 5 zone of the County Zorung Code within 7 days, based on abandonment of the
agncultural hauling operation on the subject property The landscaping and paving required by
the rezone were never installed
Had the site not been rezoned in 1990, the zoiung of the site would have automatically
been reclassified from the Agncultural (A) zorung to the UR-3 5 zone, effecrive January 1, 19912
pursuant to the Program to Implement the Spokane County Zorung Code See County
Resoluhon No 85-0900, Program to Implement, Cross-over Schedule III
HE Findings, Conclusions and Decision ZE-5-00 Page 3
I)escription of Project: The application proposes a rezone of the site to the I-2 zone, to
allow development of truck and automobile trailer sales on 2 3 acres The type of trailers to be
sold include horse, cargo, sncwriabile, car hauling, flatbed and gaoseneck trailers Tlie exisiing
buildulg on the site would be used as a sales office Approximately 50-100 tra.ilers would be
displayed on site The site plan dated 1-28-00 illustrates a sales office in the existing building,
paved parkulg for 12 vehicles, and a draulage area, all on the north end of the site A gravel
trailer sales lot and staging area is illustrated on the remaulder of the site Requued landscaping
(20 feet of Type I landscaping) is illustrated along the east and west borders of the subject
properiy, adjacent to UR-3 5 zonuig, and along the north and south borders of the site (5 feet of
Type III landscaping), adjacent to public roads
The rezone application indicates that the site will be completely fenced with chaui-luik
fencing, with access only along Broadway Avenue The apphcation states that the Alkl frontage
of the site will be fenced and landscaped, with no exits or entrances Some existing trees would
also be retained The record indicates that the appbcant plans to move his existing trailer
business, located a few m.iles northwest of the site in an existing I-2 zone, to the subject property
At the pubhc hearing, the applicant submitted a revised site plan, wluch illustrated
development of the site in two separate phases Phase I would be developed first and include all
but the southerly 120 feet of the site Such phase would include a paved display area of 38,000
square feet ( 87 acres), and the uistallation of 15 feet of Type I landscaping along the east and
west borders Phase II would encompass the southerly 120 feet of the site, and would be left
unpaved until needed for a future display area of 21,580 square feet ( 5 acres) See Exhibit D
subnutted at pubhc heanng
The applicant's land use consultant testified that addihonal parkulg for the development of
phase II could be developed west of the existing building, ln the northerly portion of the subject
property Such consultant also testified that 20 feet of Type I landscaping could be installed
along the east and west borders of phase II, to mingate unpacts on the single-family homes
borderuig the south end of the site, with only 10-12 feet of such landscaping installed along the
east and west borders of phase I Such landscaping modification would be based on the
adnuntstrative reduction allowed in requlred landscaping, where more than 15% of the site would
otherwise be devoted to landscaping requsred by the Zonuig Code See Zotung Code
14 806 080 See testimony of Cathy Ramm
B. Pa-oceduralInfformation:
Applicable Zoning Regulations: Spokane County Zorung Code Chapters 14 402, 14 504 and
14 632
Hearnng Date and I,ocation: May 10, 2000, Spokane County Public Works Building,
Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA
Site visit: May 9, 2000 and June 8, 2000
Notices: Mailed Apn121, 2000, by applicant
Posted Apn121, 2000, by apphcant
Published Apn121, 2000, by County
HE Findings, Conclusions and Decision ZE-5-00 Page 4
Hearmg Procedure: Pursuant to County Resoluhon Nos 96-0171 and 96-0294
Test-imarAy:
Tammy Jones Cathy Ramm
Division of Pla.nrung 25 South Altamont
1026 West Broadway Spokane, WA 99202
Spokane, WA 99260-0240
Greg Hicks Mark Huber
18601 East Alki 6222 East Desmet
Greenacres, WA 99016 Spokane, WA 99212
Ytems Noticed: Spokane County Generalized Comprehensive Plan, County Zoiung Code,
County Zoning Ordinance (expued), County Code, County Artenal Road Plan maps, County
official zomng maps for Sections 17 and 18, County Standards for Road and Sewer Construction,
County Guidehnes for Stormwater Management, final land use declsions referenced in Staff
Report, and documents from Planiung File No ZE-52-88 included under Exhibit A
County Resolution No 99-0261 (revising County Sta.ndards for Road and Sewer
Constructton), 97-0874 (revising intenm regulations for County IUGAs), 97-0874 (revising
mtenm regulations for County NGAs), 97-0321 (adophng intenm regulahons for County
IUGAs), 97-0134 (establishing County IUGA boundanes), 96-0787 (amending Industnal Zones
Matnx), 96-0585 (adopting CWMP Update), 96-0294 (Hearing Exanuner Rules of Procedure),
96-0171 (Heanng ExarYUner Ordinance), and 85-0900 (adopting Zorung Code, and Program to
Implement Zonuig Code)
HI. FINDINGS OF FAC'I' & CONCLUSIONS OF LAW
LANI) iJSE ANAI,YSIS
A ADnroval cntena
In considenng a rezone apphcation, Waslungton case law generally provldes that 1) there is
no presumption in favor of the rezone, 2) the applicant for the rezone must prove that condihons
have substantially changed in the area since the last zoiung of the property, and 3) the rezone
proposal must bear a substanhal relationslup to the public health, safety or welfare Parkradge v
Seattle, 98 Wn 2d 454, 462, 573 P 2d 359 (1978), and Bjarnson v Kztsap County, 78 Wn App
8402 899 P 2d 1290 (1995)
A comprehensive plan is considered as a general bluepnnt for land use regulation Only
general conformance vvith a comprehensive plan is required for approval of a rezone proposal
Cztizens for Mount Vernon v Ctty of Mount Vernon, 133 Wn 2d 861, 873 (1997), Cathcart v
Snohomish County, 96 Wn 2d 201, 211-12 (1981) Some Washington cases have dispensed with
the changed circumstances requirement where the rezone specifically implemented the policies
of the comprehensive plan Bjarnson v Kttsap County, supra , Save Our Rural Environment v
Snohomish County, 99 Wn 2d 363, 370-371 (1983), and Tugwell v Kttntas County, 90 Wn App
1, 87 951 P 2d 272 (1999)
HE Findings, Conclusions and Decision ZE-5-00 Page 5
Where the policies of a comprehensive plan conflict with zoiurig regulations, the provisions
of the zotung code will usually be construed to prevail See Weyerhaeuser v Pierce County, 124
Wn 2d 26, ~3 (19°rt), and Cougaf• Mt Assocs v Krfag County, 111 Wn 2d 742, 755-57 (1988),
and Nagatana Bros v Commissioners, 108 Wn 2d 477, 480 (1987)
The County Hearing Examiner Ordinance authonzes the Heanng Examiner to grant, deny
or grant with such condihons, modifications and restnchons as the Examiner finds necessary to
make a land use apphcation compatible with the Spokane County Generalized Comprehensive
Plan and development regulations See County Resolution No 96-0171, Attachment "A",
paragraphs 7(d) and section 11 Development regulations include, without lunitanon, the
County Zomng Code, the State Environmental Policy Act (SEPA) and the County's Local
Envuonmental Ordinance (chapter 11 10 of Spokane County Code)
Section 14 402 020 of the County Zontng Code authonzes amendments to the Code based
on any one of six (6) grounds, without d.ifferentiating between amendments to the text of the
Zomng Code and amendments to the official zomng map Zorlwg Code 14 402 020(1)
authonzes the Code to be amended if it is " consistent with the Comprehensive Plan and is not
detnmental to the public welfare " Zomng Code 14 402 020(2) authonzes a Code amendment
where "Changes in economic, technological, or land use conditions has occurred to watrant
modification of this Code " These are the most relevant cntena for consideration of a site
specific rezone application
Section 14 100 104 of the County Zonulg Code states that the provisions of the Code shall
be interpreted to carry out and implement the purpose and intent of the Comprehensive Plan, and
the general plans for physical development of the county adopted by the Board of County
Commissioners Zomng Code 14 100 106 indicates that when the provisions of the Zoiung Code
conflict with the Comprehensive Plan, or other adopted plans and development regulations, the
more restnctive provisions shall govern to the extent legally permissible and the Zomng Code
provisions will be met as a nunimum
B The nronosed rezone, as conditioned, eenerallv conforms with the Svokane Countv
Generahzed Comnrehensive Plan, bears a substantial relationslup to and will not be detnmental
to the nublic health. safetv and eeneral welfare. and comulies with ~the Snokane Countv Zoning
Code and other annlicable develonment regulatlons
1 Relevant vohcies of Comprehensive Plan
The site and surrounduig land are designated in the Urban category of the Comprehensive
Plan The Staff Report found that the proposal generally conformed to the policies of the Urban
category
The Urban category is intended to provide the opporturuty for a"citylike" envuonment,
including a vanety of land uses served by a high level of public facilities and services It is
pnmanly a residential category of single-family, two-family, multifamily and condomuuum
buildings, along wlth neighborhood commercial, light industnal, and public and recreational
facilities The Urban category recommends a residential density (net) range of 1 to 17 uruts per
acre Comprehensive Plan, Section 1
HE Findings, Conclusions and Decision ZE-5-00 Page 6
The Urban category states that the more intensive uses such as light industnal and
neighborhood commercial should be located near the heavily traveled streets, with the less
intensive uses such as residential isolated from Llie aoise and traffic Majcr cori►-nercial uses,
heavy mdustnal uses, muung and intensive farming uses are not considered compatible withui
areas of the county designated Urban
Urban development is recommended in areas havl.ng adequate power supplies, water,
sarutary and storm sewers, and school and fire services, provided the other pohcies of the Urban
category are met Comprehensive Plan, Decision Guideline 1 1 1 Sidewalk facilities are
recommended along artenals connecting residential areas with commuruty facihties and/or
commercial areas Decision Guideline 15 3 Paved streets, street lights, underground utthnes
and public sewer are strongly encouraged in such category Decision Guldelmes 13 3, 15 3,
1 5 4, 15 5 The Urban category recommends that land use proposals identify and nutigate
sigiuficant adverse impacts on existing utihties and traffic systems, and conform to apphcable
plans, policies and regulanons adopted for such facilities Decision Guideluie 16 1
The Urban category discourages residential development in high noise areas, such as in the
vicinity of aurports, railroads and freeways Objective 15 d, Decision Guideline 15 6 The
Urban category recommends that bufferulg and/or landscaping be used to mingate the
differences between proposed developments and exishng uses Decision Guidelines 15 1 and
15 2, and Objective 15 a The structure height and architectural character of a proposal relative
to that ui the surroundl.ng neighborhood are to be considered in determinuig whether the proposal
will change the existing land use character Ln a negative manner See Objectives 15 e, Decision
Gwdeline 15 8
The Comprehensive Plan defines "heavy industnal use" as those " industnal activities
which include but are not limited to manufacturmg, processing or assembly/disassembly
actlvities wluch, when unchecked, release air, water, noise, or visual pollutants in theu
operation" "Light industry" is defined by the Comprehensive Plan as those " industnal uses
which are charactenzed by theu compahbility with other land uses This is accomplished
pnmanly by theu densines, setting and insign.ificant confinbution of air, water, visual and noise
pollution to theu surroundmgs Comprehensive Plan, glossary
The Transportation section of the Comprehensive Plan contains the County Artenal Road
Plan and numerous pohcies relating to development and use of designated artenals and local
access roads Comprehensive Plan, Section 21 These pohcies are implemented pnmanly
through the County Road and Sewer Standards, or state highway cntena in relation to state
lughways and freeways
The Artenal Road Plan descnbes the vanous classes of County artenals and their
functions, and considers all other county roads as Local Access roads The Artenal Road Plan
maps designate the artenals in the urbamzing areas of the county as Prulcipal Artenals, Minor
Artenals or Collector Artenals, m descending order of unportance
Minor Artenals, such as Broadway Avenue adjacent to the site, are moderate speed
facihties that collect and distnbute traffic between Pruicipal Artenals, such as Barker Road and
Appleway Avenue, Collector Artenals and Local Access roads They are typically located on
commututy and neighborhood boundanes and should not bisect residential neighborhoods
HE Findings, Conclusions and Decision ZE-5-00 Page 7
Where possible, access to commercial and industnal land uses should be provided from Minor
Artenals, rather than Pnncipal Artenals Comprehensive Plan, p 247 and 256, and Decision
Cu2delines 21 1 b, 21 1 1 and 213 2
The pnmary function of Local Access roads is to provide access to adjacent property and
deliver traffic to artenals Such roads are to be designed and located to provide converuent
access to residential lots, discourage flows of traffic through a neighborhood, and encourage
continuous or unobstructed flow of traffic from a neighborhood to a neighborhood Collector
Artenal Comprehensive Plan, p 247 and 260, and Decision Guidelme 213 3 Decision
Guidelme 215 10 discourages "through" traffic from using residenhal access streets, and
encourages making residential neighborhoods more attractive to family residents Tlus may be
accomplished by utilizing physical and traffic management techruques such as offset
7ntersections, circle dnves, curvilinear street design and cul-de-sacs
The Transportahon section encourages an adequate, efficient, safe, economical and energy-
conserving artenal system, one wluch provides converuent access to homes, employment,
shopping, personal business and recreation See Decision Guideluie 214 2 Decision Guidehne
21 5 3 encourages land use planning t,hat will muunuze the need for lugh capacity transportation
comdors and encourages land uses in areas that can take advantage of the available capacity of
existing artenal streets
Decision Guidelme 21 16 recommends that industnal and commercial achvihes requiring
frequent truck delivenes be situated to have direct access to officially designated truck routes
Special consideration is to be given to commercial or industnal uses located along public transit
routes See Decision Guidelme 212 1
Decision Guideline 215 11 encourages pedestnan facilines to enhance the safety and
convenience of pedestrian travel and to provide access to neighborhood facilities Decision
Guideline 21 1 5 indicates that sidewalks should at a mitumum be provided along all artenal
roads and all local access roads wluch lead to schools, parks and shopping distncts The
Transportahon section states that proposed development may be required to dedicate needed
nght of way, or to widen, or assist in widerung, exishng tra.nsportation facilities, all in
accordance with established road design cntena and official maps Decision Gi,udeluie 21 1 7
Secrion 12 of the Comprehensive Plan addresses energy management in new development
Decision Guideline 12 12 and 12 13 encourage industnal development and other intensive
development to occur near designated artenals and public transit routes
Sections 22-24 of the Comprehensive Plan encourage the review authonty to consider the
impact of development on existing water and sewer facilities, and generally require that the use
of such facibties be in accordance with adopted policies and plans for utihties
Decision Guidelme 23 12 of the Comprehensive Plan recommends that sewer facibty
planrung and development be consistent with the Comprehensive Plan in regard to size, location
and timing Decision Guidelme 23 13 indicates that capital unprovement plans for sewer
facilities should be used as an implementation tool for the Land Use Element of the
Comprehensive Plan The more restnchve of the pohcies in the CWNII' and Comprehensive Plan
are to be applied by public agencies using such policies See County Resolutaon No 96-0585
HE Findings, Conclusions and Decision ZE-5-00 Page 8
hi 1996, the County adopted an update to the County Comprehensive Wastewater
Management Plan (CWMP 1996 Update), which is incorporatEd into the Canlprehensive Flan
The CW1VP 1996 Update discourages the County from extending public sewer sernce to land
lying inside the Pnonty Sewer Service Area (PSSA) designated by the Comprehensive Plan, but
outside the 15-year sewer program areas designated by the CWMP 1996 Update, such as the
current site However, the CWMP 1996 Update does not oppose developer extensions to pubhc
sewer u1 areas lyulg outside the 15-year sewer program areas but witluri the PSSA See County
Resolution No 96-0585, adopting CWMP 1996 Update, p 2-8, 2-10 and Exlubit 4-2
2 Consistencv of proiect with Comprehensive Plan and development reiaulations
The site is currently zoned Urban Residenhal-3 5(LJR-3 5), a zone wluch specifically
unplements the Urban category of the Comprehensive Plan Zorung Code 14 616 100 states
as follows
The purpose of the UR-3 S zone as to implement the lower density range of
` tlze Urban category of the Comprehensave Plan The intent of the zone as
to promote areas of primartly sangle family Yesidential use in an urbanized
neighborhood settang, having a high level of publac services Lots shall be
served by a pubhc water system and shall requrre connection to a public
central sewer system when available Roadways shall be paved and
curbed and may have sidewalkr
~
The UR-3 5 zone pernuts, without linutation, single-family dwellings, duplexes,
manufactured home parks, small-scale commuruty residenrial facilihes, and vanous public and
senu-pubhc uses See Zorung Code Chapter 14 605 General agncultural (with some
exceptions), general industnal and general commercial uses are prolubited, includulg anunal
raisulg andJor keepmg (other than pets) See Zorung Code 14 616 230, and defimtion of
"ammal, large" and "anmal, small" in Zotung Code 14 300 100 Residential (net) densihes in
the UR-3 5 zone may not exceed 4 35 dwelhng uruts per acre, absent the approval of bonus
density in a Planned Unit Develop Overlay zone Zorung Code 14 616 305
The applicant proposes to rezone the site to the Light Industnal (I-2) zone Zonmg Code
14 632 100 provides as follows
The purpose of the I-2 zone is to meet the needs for andustrial land
ident f ed in the Industrial Category of the Comprehensive Plan
IndustYial uses in thas zone wall include pYOCessing, fabrication, hght
asserrcbly, freaght handlang and szmalar operations, all of a non-offenszve
nature It is the antent of the I-2 zone to allow for these uses by makang
them compattble with surroundtng uses General characterashcs of
these areas include paved roads and sidewalks, publzc sewer and water,
a full line of public services includtng manned fire protectaon and public
transtt accesstbtlaty
HE Findings, Conclusions a.nd Decision ZE-5-00 Page 9
In 1996, the Board of County Commissioners amended the Indusfinal Zones Matnx, Zomng
Code Chapter 14 629, to allow several new commercial uses and light industnal uses to the
industnal zanes of the Zoru-Lig Code liz the I-2 zone, tlus included such new conunercial uses as
"automobile and recreational vehicle sales, repair, and maintenance", "boat sales, repair, and
mauitenance" manufactured and mobile home fabncation/sales lot"," transportahon services
and sales including equipment storage", and truck, automobile, and equ.ipment rental facility"
The Examiner agrees with the apphcant and the Staff Report that the applicant's proposed use of
the site is a pernutted use in the I-2 zone, considenng its similanty to such added uses See
Zoning Code 14 629 080
The 1996 changes to the Industnal Zones Matnx also amended the I-2 zone to allow
virtually all uses permitted in the Regional Business (B-3) zone, provided the development
standards of the B-3 zone are met See County Resolution No 96-0787 Such standards include
locanon on a pubhc road of Pnncipal Artenal or lugher classification See Zomng Code
14 628 315 The 1996 amendments were intended to reflect changes occumng in the economy
and industnal technologies, and recogtuzed the need for a broader range of commercial uses in
the Industnal category to serve light industnal uses in the I-2 zone The purpose and intent
statement of the I-2 zone, contained in Zorung Code 13 632 100, was not amended to reflect the
addition of intensive commercial uses to the zone
The Heavy Industnal (I-3) zone is also intended to unplement the Industnal category of the
Comprehensive Plan, by pernutting, provicung and protecting areas for pnmary manufactunng
mdustnes Zomng Code 14 634 100
The Industnal Park (I-1) zone is intended to provide for those lugh technology industnal and
incidental commercial uses of a light intensity, having no objectionable or obnoxious effect on
adjacent properties Such zone contains stnct development and operational standards intended to
provide compahbility to surrounding residential and commercial properties by minuruzing traffic
congestion, noise, glare, vibration, odors, airborne particulate and toxic substances
Developments in such zone would be charactenzed by parklilce grounds, attractive buildings, and
an aesthetically pleasing workulg environment Access to a Minor Artenal or Pruzcipal Artenal
is recommended by such zone Zomng Code 14 630 100
The I-1 zone is the only industnal zone in the Zoning Code wluch clearly implements the
Urban category The Neighborhood Business (B-1) zone is the only commercial zone which
clearly implements the Urban category See Zomng Code 14 624 100
The applicant proposes to develop the site for trailers wluch can be hauled by cars and
trucks, including horse, cargo, snowmobile, utihty, car hauling, flatbed and gooseneck tra.ilers
This would include a large paved d.isplay area, irutially of 38,000 square feet ( 9 acres) located in
the nuddle of the site, and a sales office operated from the existing 2,400 square foot building
located in the north end of the subject property The southerly 120 feet of the site would be
reserved unpaved, for a future traller display area of 21,580 square feet Between 50-100 trallers
would be stored on the site, in an orderly fasluon, with an eshmated traffic generation of about
10 customers per day, plus employee tnps Approxunately 2-3 employees would work on site
See testunony of Cathy Ramm
HE Findings, Conclusions and Decision ZE-5-00 Page 10
The site is bordered on 3 sides, and also to the northwest across Broadway Avenue, by
UR-3 5 zoning and single-family residential parcels of vanous size Several of such parcels
include non-confomung large-aiumal keeping The 4-acre parcel lyrng inorth and nortlrwest of
the site, across Broadway Avenue, is zoned B-3 and developed with a manufactured home
sales/d.isplay business The current site ranges 250-300 feet south of the westbound freeway off-
ramp of the I-90Barker Road freeway interchange, a.nd 400-500 feet south of the I-90 travel
lanes
The subject property is located along a designated 1Vhnor Artenal, which provides
converuent paved access to the east to Barker Road Barker Road, which is designated as a
Pnncipal Artenal, provides a route to I-90 to the north and to Appleway Avenue, a Pnncipal
Artenal to the south However, Broadway Avenue is currently unpaved west of the site, and is
closed to travel witluri 600 feet of the site to the west
Development of the site for residential uses under the UR-3 5 zone is less than optimal,
consideruig the large B-3 zone used for manufactured home sales/display to north/northwest, the ~
proximity of the I-90 freeway and the Barker Road interchange, and the site's location on a
designated Mu1or Artenal On the other hand, the neighboruig land to the north, northwest,
south and east has remauled developed for single-family homes, under the UR-3 5 zone, since
the zoiung of the site reverted to the I-2 zone in mid-1992 The residence located just northwest
of the site appears to have been constructed dunug the past few years Further, Broadway
Avenue remains unpaved west of the site, and is closed to public trave1600 feet to the west, at
Greenacres Road
The applicant contended that the area is in a transition from residential uses to
commerciaUindustnal uses, includulg recent rezones to the B-3 and I-2 zones See testunony of
Cathy Ramm This is clear only for the land lying east of Barker Road m the area, between I-90
and Appleway Avenue, excludzng the sizeable pocket of UR-3 5 zorung lying directly east of
Barker Road between Broadway Avenue a.nd Alki Avenue Much of the commerciaUindustnal
land lying east of Barker Road lies within or adjacent to the Industnal category of the
Comprehensive Plan Commercial development along Appleway Avenue, west of Barker Road,
is more or less an extension of the commercial uses located along Appleway west of Barker
Road, wluch are designated in the Major Commercial category of the Comprehensive Plan
In 1980, the 4-acre parcel lying north/northeast of the srte was rezoned to the Commercial
(C) zone of the now expired County Zorung Ordinance, for the development of manufactured
home sales Such zorung was automatically reclassified to B-3 on January 1, 1991, pursuant to
the Program to Implement the County Zorung Code The manufactured home sales/display
business on such parcel was developed sometime after the current site was rezoned to I-2 in
1990, when such parcel contained only a vacant commercial builcung See Board of County
Commissioners decision dated 7-3-90 in File No ZE-52-88
Several neighboruig residents opposed the project, including the ownerslup located duectly
east of the site, and 4 ownerslups located south and southwest of the site along Alki Road All
such ownerslups have residences fronting along Alki Road Such owners expressed concern over
increased dust and noise, safety unpacts, increased traffic, unpacts on property values, potennal
use of the site for other uses pernutted by the I-2 zone, conflicts between commerciaUindustnal
HE Findings, Conclusions and Decision ZE-5-00 Page 11
use and adjoining residential uses, the failure of the applicant to comply with zorung
requirements on the site in the past, impacts on pnvacy, and other concerns
Approxunately 13 residences are located in the block bounded by Alki Avenue, Barker
Road, Broadway Avenue and Greenacres Road See testvnony of Greg Hicks The nuisance
created by the operation of an agncultural truck hauling on the site between 1986 and 1992 is
well documented in the record See Valley Voice article attached to 3-20-00 letter from Greg
and Sue Hicks, letters from opposing landowners, and testimony of Greg Hicks
The current project was supported by the applicant, the owner of the 4-acre parcel zoned B-3
located north/northwest of the site, the owner of the property lymg immediately west of the site,
and the owner of an intenor residenhal lot located some distance further to the west
The project is considerably less intense, in terms of potential noise, dust, odors and business
hours, than the agncultural hauling operation approved for the site under the 1990 rezone of the
site to I-2 Traffic impacts would be muumal, considering the prolubition on the use of Alki
Avenue, the light traffic counts that will be generated by the project, the current low usage of
Broadway Avenue, and the lack of traffic generation that would occur west of the site The
business hours of the proposed use, i e 9 to 5, Monday through Fnday, and 4 hours dunng the
day on Saturday, are reasonably compatible with residential uses See Envuonmental Checklist
The pnmary concern is buffenng the residences located along Alki Avenue east, west and
south of the site Tlus can be accomplished by preclucimg development of the proposed use in
the southerly 120 feet of the site, rather than allowing its later development for additional trailer
display A rezone or change of conditions application for a more compatible use could later be
considered for such area, though the public heanng process
Landscaping requued along the penmeter of the site, and sight-obscunrig fencing requued
around the trailer display area, will provide additional buffenng Requmng all traveled areas of
the site, includuig parkulg and storage areas, to be paved will eliminate most dust impacts Use
of the site can be limited to the proposed use
The proposed use is of relatively light intensity, sunilaz to the neighborhood commercial or
light industnal use contemplated by the Urban category along an artenal The project will be
located along a designated 1Vlinor Artenal, wluch is the preferred type of access road for
industnal uses The subject properiy is located inside the County IUGA regulations The site
has converuent access to Interstate 90 and other sigiuficant artenals in tlus part of the Spokane
Valley area The project will be served by a lugh level of public services, ulcluding public water
and sewer, and modern utilities County Engineerulg conditions requue the applicant to install
sidewalk along Broadway Avenue
The Examuler has given appropnate weight to the views of neighbonng property owners,
which may be given substantial weight but are not controlling ParlcYCdge v Seattle, 89 Wn 2d
454 (1976) As indicated above, such views are split on the project, with some nelghbonrig
owners expressing support for the project and others opposing Overall, the Examiner finds that
the project can be appropnately buffered from neighbonng residenhal uses, so that it generally
conforms with the Comprehensive Plan and bears a substantlal relationship to the public health,
safety and welfare
HE Findings, Conclusions and Decision ZE-5-00 Page 12
The CWMP and sarutary waste disposal policies of the Comprehensive Plan are
unplemented in part by the Aquifer Sensitive Area (ASA) Overlay zone The ASA Overlay zone
requires connectian to available public sewer, for nEw develapment lacated lizside batll tile PSSA
and ASA, such as the current project Zonuig Code 14 706 100 (1)
County Resoluhon No 97-0874 (Section 8) prohibits the approval of rezone proposals
located withul the County's IUGA boundanes, but outside the 15-year sewer program areas
adopted by the CWMP Update, such as the current site, unless the proposal can demonstrate the
avallabihty of pubhc sewer service and public water service consistent with County standards
The project has been conditioned for connection to pubbc sewer While pubhc sewer hes
over 700 feet from the site at its closest point, the record indicates that it is feasible for the
applicant to connect to public sewer either east of Barker Road, along Broadway Avenue, or
southeast of the site at Appleway Avenue and Barker Road See testrmony of Cathy Ramm and
Mark Huber, and notations on County Englneers map for Section 18 in File No ZE-5-00
The Exanuner has added or modified conditions of approval to ensure that the project is
properly buffered from adjouung residential land uses The project has been condihoned for
compliance with the development standards of the I-2 zone and other applicable provisions of the
County Zomng Code, and the recorrunendations of the commenting public agencies
No public agencies objected to the DNS issued for the proposal by the County Division of
Building and Planrung Tbe proposal will not have more tha.n a moderate effect on the quahty of
the envuonment, and the Exanuner concurs with issuance of the DNS The procedural
requirements of chapter 43 21 C RCW and chapter 11 10 of the Spokane County Code have been
met
C Conditions in the area have sufficientlv changed in the area since the site was last zoned to
iustifv the pronosed chanee of conditions, as conditioned
In applying the changed cu-cumstances test, courts have looked at a vanety of factors,
includ.ing changed public opimon, changes in land use patterns m the area of the rezone proposal,
and changes on the property itself The Zomng Code references changes in "economic,
technological or land use conditions" as factors that will support a rezone Spokane County
Zomng Code Section 14 402 020 (2) Washington courts have not required a"strong" showmg
of change The rule is flexible, and each case is to be judged on its own facts Bassani v County
Commassaoners, 70 Wn App 389, 394 (1993)
As stated previously, recent cases have held that changed circumstances are not required if
the proposed rezone unplements poucies of a comprehensive plan As concluded previously, the
project generally conforms with the pohcies of the Comprehensive Plan
Changes occurred m the area between the time the site was onginally zoned Agncultural
(A) in 1957 and the rezorung of the site to the I-2 zone in 1990 This includes the designation of
Broadway Avenue as a Minor Artenal, and the 1980 rezone of the 4-acre parcel to the north to
the Commercial (C) zone of the now expired County Zomng Ordinance In 1990, the site was
rezoned to the I-2 zone, for an agncultural products truck hauling business Such zorung and use
of the site was terminated in 1992, m favor of the existing UR-3 5 zoning, because the applicant
HE Findings, Conclusions and Decision ZE-5-00 Page 13
at the nme did not want to bear the expense of landscaping and paving the site as required for the
truck hauhng use The current use proposes a less intense use of the site, under the same I-2
zaning
Since the zorung of the site reverted to the UR-3 5 zone in 1992, a manufactured home
sales/display business has been developed on the 4-acre parcel zoned B-3 lying north/northwest
of the site In 1997, the current site was included withiri the County's IUGA boundanes, wluch
necessitates that the project be sewered A number of rezones to the B-3 and/or I-2 zone have
been approved and developed for conunerciaUindustnal uses east of Barker Road The growth of
the Spokane Valley area and the proxunity of the I-90Barker Road interchange will continue to
apply pressure on the land area lying both east and west of Barker Road in the area for more
intense urban, commercial and industnal development
gV. IDECISION Based on the above Findings of Fact and Conclusions of Law, the proposed rezone of the
site to the Light Industnal (I-2) zone is hereby approved, subject to the conditions of approval
listed below Any conditions of such agencies which have been added or sigruficantly revised by
the Heanrig Examiner axe ctalacazed
Failure to comply with the conditions of this approval may result in revocation of this
approval by the Hearing Examiner Thls approval does not waive the applicant's obhgation to
comply with all other requirements of other agencies with junsdiction
~ SPOKANE COIJIV'1'Y DgVISON OF PLA,NNING
1 All conditions unposed by the Heanng Examiner shall be binding on the "Apphcant,"
wluch term shall include the owner (s) and developer (s) of the property, and their heus, assigns
and successors
2 The zone change applies to the following real property Lot 1 in Block 9 of Corbin
Addition to Greenacres, lying southeasterly of the County Road survey of Highway 90, except
the west 319 feet of said lot
3 The proposal shall comply with the Light Industnal (I-2) zone, and all applicable
provisions of the Spokane County Zorung Code, as amended
4 The apphcant shall develop the subJect property in accordance with the sate plan of record,
submitted as Exhtbit D at the public hearing, subJect to condittons of approval and compliance
wzth applzcable development Yegulataons Variations may only be approved an accordance with
Section 14 504 040 of the County Zonzng Code, and must be consistent wzth conditzons of
approval, the County Zonzng Code and other applicable developnzent regulattons
5 Approval is requued from the Director of the Division of Pla.nrung/designee of a specific
lighhng and sigrung plan for the descnbed property pnor to the release of any building pernait
HE Findings, Conclusions and Decision ZE-5-00 Page 14
6 Direct light from any extenor area lighting fixture shall not extend over the property
boundary, and shall be dzrected away fronz adjoanang properties
7 A specific landscape plan, planting schedule and provisions for the maintenance acceptable
to the Duector of the Division of Planiung/designee shall be subriutted with a performance bond
or other suitable guarantee for the project pnor to release of any builduig pernuts Landscaping
shall be installed and maintained so tliat sight distance at access points is not obscured or
impaired
8 The Division of Planrung shall prepare and record with the Spokane County Auditor a Title
Notice noting that the properiy in quesnon is subject to a vanety of special conditions unposed as
a result of approval of a land use action This Title Notice shall serve as public nohce of the
conditions of approval affectuig the properiy m quesbon The Title Notice should be recorded
wlthui the same tune frame as allowed for an appeal and shall only be released, in full or in part,
by the Division of Plaruung The Title Notice shall generally provide as follows
"The parcel of property legally descnbed as [ ] is the subject of a land use action by a
Spokane County Heanng Examiner on June 12, 2000, unposing a vanety of special development
,
conditions File No ZE-5-00 is available for inspection and copying in the Spokane County
Division of Planning "
9 The Spokane County Division of Planrung shall prepare and record with the County
Auditor a Title Notice specifyulg a future land acquisihon area for road nght-of-way and
utilines The Trtle Notice shall state the following a A stnp of properiy 10 feet ui wndth from the exishng nght-of-way is reserved for m mfuture acquisition area for additional road nght-of-way width along Broadway Avenue
b Future building and other setbacks required by the Spokane County Zorung Code
shall be measured from the reserved future acquisition area
c No required landscaping, parkulg, `208' areas, drauifield or allowed signs should be
located within the future acquisition area for road nght-of-way and utihhes If any of the
above unprovements are wnthul the area, they shall be relocated at the apphcant's expense
when roadway unprovements are made
d The future acqu.isition area, urut acquued, shall be pnvate property and may be used
as allowed in the zone, except that any improvements (such as landscaping, parking,
surface drainage, drauifield, signs or others) shall be considered intenm uses
e The property owner shall be responsible for relocahng such "intenm" improvements
at the time Spokane County makes roadway improvements after acquinng said future
acquisition
10 Use of the site shall be lamited to the sale and display of truck and automobile trailers, as
pYOposed by the applicant
~
HE Findings, Conclusions and Decision ZE-5-00 Page 15
~i
~ 11 The south 120 feet of the site shall not be developed or utilized for the proposed use, or
any other use
~
12 At least twenty (20) feet of Type I landscapang shall be installed along the south 120 feet
~ of tlze east and west boundaYies of the site At least fifteen (15) feet of Type I landscapzng shall
i~ be anstalled along the f•emazndeY of the east and west boundaries of the site At least S feet of
~ Type III landscapang shall be installed along Broadway Avenue and Alkz Avenue
,
~ 13 All parkzng, storage, display and traveled areas on the sate shall be paved
~ 14 The trailers on the sate, and other storage, shall be kept wzthan an entirely enclosed
' building, or sight-obscuring, non paerced fence not less than srx (6) feet in heaght, tall enough to
~ screen sazd items from vzew at ground level, an accordance wath Section 14 632 355 of the
County Zontng Code
~
~ 15 No outsade loudspeakers shall be operated on the site
~
l 16 Signage for the business as prohibited along Alki Avenue
,
~ SPOKANE COUN'g'X DIVISION OF ENGIlVlEERING
1
~ Pnor to release of a building permit or use of properiy as proposed
1 Access pernuts for approaches to the County Road System shall be obtained from the
~ - County Engineer
+
,
~ 2 Applicant shall subnut for approval by the Spokane County Engineer sidewallc, drainage
a.nd access plans
3 The applicant shall submit for approval by the Spokane County Engineer and the Spokane
Regional Health Distnct a detailed combined on-site sewage system plan and surface water
disposal plan for the entire project or porhon thereof if the development is phased
4 A parkuig plan and traffic cuculation plan shall be submitted and approved by the Spokane
County Engineer The design, location and arrangement of parking stalls shall be in accordance
~ with standard engineenng pracnces Paving or surfacing as approved by the County Engineer
~
` will be required for anY Portion of the ProJect wluch is to be occuPied or traveled bY vehicles
;
i
5 Sidewalk is required to be constructed along Broadway Avenue
' 6 Access to Alki Avenue shall be prohibited
~
7 Roadway standards, typical roadway sections and drauiage plan requirements are found in
i
~ Spokane County Resoluhon No 99-0265 as amended and are applicable to this proposal
~
HE Findulgs, Conclusions and Decision ZE-5-00 Page 16
,
;
~
~
8. No construction work is to be performed within the existing or proposed right of way until
a permit has been issued by the County Engineer. All work within the public road right of way is
subject to inspection -id approval by the Couniy Engineer.
9. All required construction within the existing or proposed public right of way is to be
completed prior to the release of a building permit or a bond in an amount estimated by the
County Engineer to cover the cost of construction or improvements shall be filed with the
County Engineer.
10. The County Arterial Road plan identifies Broadway Avenue as an 80-foot Minor Arterial.
The existing right of way width of 60 feet is not consistent with that specified in the plan. In
order to implement the Arterial Road Plan it is recommended that a strip of property 10 feet in
width along the Broadway Avenue frontage be set aside in reserve. This property may be
acquired by Spokane County at the time when Arterial Improvements are made to Broadway
Avenue.
11. The applicant is advised that there may exist utilities either underground or overhead
affecting the applicants property, including property to be dedicated or set aside future
acquisition. Spokane County will assume no financial obligation for adjustments or relocation
regarding these utilities. The applicant should check with the applicable utilities and Spokane
County Engineer to determine whether the applicant or utility is responsible for adjustment or
relocation costs and to make arrangements for any necessary work.
12. The applicant shall grant applicable border easements adjacent to Spokane County Right of
Way per Spokane County Standards.
SPOKANE COUNTY DIVISION OF UTILITIES
1. A wet (live) sewer connection to the area-wide public sewer system shall be constructed. A
sewer connection permit is required. Commercial developments shall submit historical and/or
estimated water usage prior to the issuance of tlie connection permit in order to establish sewer
fees.
2. 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. Commercial and institutional
developments shall submit historical and/or estimated water usage as part of the sewer plan
submittal.
3. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance
of the sewer construction permit.
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 ZE-5-00 Page 17
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1. All applicable air pollution regulations shall be met. See February 22, 2000 SCAPCA
letter to Tammy Jones.
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. A public sewer system shall be made available for the project.
5. The use of private wells and water systems is prohibited.
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
1. The applicant shall contact the Traffic Department to ensure the proposed outdoor signage
conforms to the State and Federal Scenic Vistas Act.
HE Findings, Conclusions and Decision ZE-5-00 Page 18
DATED tlus 12th day of 3u.ne, 2000.
SPOKANE COUNTY HEA.RING EXAMINER
~ a~-~ ✓
Michael C. Dempsey, WSBt#035
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Spokane County Resolution Nos. 96-0171 and 96-0632, the decision of the
Hearing Examiner on an application for a zone reclassification and accompanying SEPA
determination is final and conclusive unless within ten (10) calendar days from the Examiner's
written decision, a party of record aggrieved by such decision files an appeal with the Board of
County Commissioners of Spokane County, Washington. However, RCW 36.70B.110 (9)
indicates that administrative appeals of county land use decisions and SEPA appeals shall be
filed with the board of county commissioners within fourteen (14) calendar days of the date of
the decision.
This decision was mailed by certified mail to the Applicant on June 12, 2000. Depending
on which appeal period referenced above legally applies, and counting to the next business
day when the last day for appeal falls on a holiday or weekend, the anpeal closing date is
either June 22, 2000 or June 26, 2000.
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. The file may generally be
inspected Monday - Friday of each week, except holidays, between the hours of 8:00 a.m. and 4:00
p.m. Copies of the documents in the record will be made available at the cost set by Spokane
County.
HE Findings, Conclusions and Decision ZE-5-00 Page 19
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SPOKANE COUNTY HEARING Ex:AMINER
RE: Zone Reclassification from the Urban ) FINDINGS OF FACT,
Residential-3.5 (UR-3.5) Zone to the ) CONCLUSIONS OF LAW,
Light Industrial (I-2) Zone; ) AND DECISION
Applicant: Mark Huber )
File No. ZE-5-00 )
1. SUMMARY OF PROPOSAL AND DECISION
Proposal: Application for a rezone from the Urban Residential-3.5 (UR-3.5) zone to the
Light Industrial (I-2) zone, on 2.3 acres of land, for truck and automobile trailer sales and those
uses allowed in the I-2 zone.
Decision: Approved, subject to modified conditions.
II. BACKGROUND/FINDINGS OF FACT
A. GeneralInformation:
Applicant: Mark Huber, c/o Ramm Associates, Inc., ZS South Altamont, Spokane, WA 99202
Legal Owner: Mark Huber, 6222 East Desmet Avenue, Spokane, WA 99212
Location: Generally located south of and adjacent to Broadway Avenue, approximately 350
feet west of Barker Road, in the SE of Section 18, Township 25 N., Range 45 EWN1, Spokane
County, Washington.
Legal Description: County Assessor's Tax Parcel No. 55184.0912, as more particularly
described in the Notice of Real Estate Contract, attached to letter dated 2-10-00 from Cathy
Ramm to Tammy Jones, in Planning File No. ZE-5-00.
Zoning: Light Industrial (I-2) zone. The site is also located inside the Aquifer Sensitive
Area Overlay zone and the Public Transit Benefit Area designated by the County Zoning Code.
Comprehensive Plan Category: Urban. The property is also located within the Aquifer
Sensitive Area, Priority Sewer Service Area and Urban Impact Area designated by the
Comprehensive Plan.
IUGA: The site is located inside the interim urban growth area boundaries desi-nated by
the County pursuant to the Growth Management Act.
Environmental Review: A Determination of Nonsignificance (DNS) was issued on April
21, 2000.
HE Findinszs, Conclusions and Decision ZE-5-00 Page 1
!
. . ,
~
Site Descriptian: The subject property is appraximately 2.3 acres in size and generally
rectangular in shape. The site is relatively flat, ccantains an approximately 2,400 square fvvt
building at its north end, and is currently Wacant. The property is unpaved and devoid of
landscaping, but has some large deciduous trees along its borders. Between mid-I986 and
February, 1992, the site was used for an agr'tcultural truck hauling aperation. See Ietter dated
3-20-00 in File No. ZE-5-00. A zaning cQmplaxnt prompted the rezoning of the site tv the I-2
zone in 1990, to make such use conform with zoning regulations.
Surroundincy Coaditions: Brvadway Avenue is desipated as a M'Mvr Arten'al by the
County Arteriai Road Plan in the vicinity, between Barker Road to the east and Flora RQad to the
west. Broadway Avenue is unpaved, but open to travel, between the site and Greenacres Road,
which lies approximately 600 feet to the west. Such road is closed and unzmproved between
Greenacres Road and Flvra Road. Broadway Avenue has a right of way width of 60 feet, and is
curbed aXong the frontage of the site east to Barker Raad. Such rvad continues easterly fram
Barker Road as a Local Access road, from a goint lying apprc►ximately 160 feet north of the
westerly extension of Braadway Avenue from Barker Road.
The site lies southwesterly of the Interstate 90Barker Raad freeway interchange, and
ranges from 250-300 feet south of the westbound freeway off-ramp of the interchange. The
travel lanes for I-90 range from 400-500 feet north of the site. See County Engineer plat map for
Section 18. The access road illustrated by the zan%ng and camprehensive pian maps attached to
the staff repart, extending between the aff ramp and Broadway Avenue north of the site, does not
exist. Appleway Avenue tv the sauth, and Barker Raad tv the east, are designated as Principal
Arterials. Alki Avenue to the south is a Local Access road. Wire fencing extends aloncr the
south side of Broadway east of the site.
A 4-acxe parcel of land lies north/northeast of the site, between Braadway Avenue and the
freeway inferchange, is zoned Regional Business (B-3) and is deveIoped with a rnanufactured
horne salesldispIay business. The land lying northwest of the subject property, between
Broadway Avenue and the freeway interchange, is developed with sin~le-farnily homes on lots
ranging frarn a quarter acre to an acre in size, which lots are zoned UR-3.5. A single-family
home lies northwest of the site, across Broadtivay Avenue. The site is bordered on #he wes# by a
1-acre parcel zoned UR-3.5. Such pazz-cel is improued with a single-family hame at its soufh end,
along Alki Avenue, and contains laz-ge a.nimal-keeping and outbuildings on the remainder. A
1.5-acre parcel zoned UR-3.5 lies west of such parcel, and contains a sincyIe-family hame a1ong
Alki and pasture on the remainder. Sinc-, le-family homes and undeveloped land, on srnaller-sized
parcels zoned UR=3.5, are found west of such 1.5-acre parcel.
The land lying sautherly of the site and Alki Avenue is zaned UR--3.5 and is dominated
by single-family residences on lats rangpn-a in size from a half acre tv 1 acare in size. A half acare
parcei zoned 1-2 and dewelaped with a mechariical shop is found at the southwest camer of Alkki
Avenue and Barker Road. Such parcel was rezoned Restricted Industnal (RI) under the Caunty
Zoning Ordinance in 1979, for development of an officelwarehouse use. 5ee Hearing Examiner
Committee decision in File No. ZE-10-79. In 1981, a change of conditions was granted to aliow ~
development of a mechanical shop under such zone. See Bvard of Cvunty Commissianers
decision in File No. ZE-10-79. In 1991, the zonincr of such parcel was automatic,ally reclassified
to the I-2 zone, under the Program to Implement the C'ounfy Zoning Cade,
HE Findin~s, Conclusions and Decisic~n ZE-S-Q~D pa~e 2
,
_ The site is bordered on the east by a 2-acre tax parcel zoned UR-3.5, comprised of 3
platted lots. Such parcel has a residence at its south end along Alki Avenue; and has
outbuildings, a garden and large animal-keeping on the remainder. Between such 2-acre parcel
and Barker Road to the east are found half acre parcels zoned UR-3.5, developed with single-
family homes, or undeveloped.
The land lying east of Barker Road includes single-family parcels and undeveloped land
zoned UR-3.5, and commerciaUindustrial uses on land zoned B-3 and I-2. This includes some
recent rezones to the B-3 zone and I-2 zone. The commercial/industrial uses include RV sales,
boat sales, truck repair, manufacturing and retail sales. The nearest commercial uses to the site,
located east of Barker Road, are found north of Broadway Avenue or south of Alki Avenue.
Public sewer is available southeast of the site at Appleway Avenue and Barker Road, by
gravity; and also northeast of the site at some distance east of Barker Road, north of Broadway
Avenue, by pumping.
Zoning History of Site: The site was originally zoned Agricultural (A) in 1957, under the
now expired County Zoning Ordinance. On May 15, 1990, the site was rezoned to the I-2 zone,
under the County Zoning Code, to allow an existing but allegedly unlawful agricultural and truck
hauling operation. Such business utilized a number of grain hauling trucks and trailer
combinations. The existing 2,400 square foot building on the site was used for a 266-square foot
office, with the balance used as a shop/garage for maintenance and minor truck repair. The rest
of the site was used for employee parking, truck and trailer parking/storage and a staging area.
See Exhibit A, Commissioners Document No. 90-0814, Board of County Commissioner's
decision dated 7-3-90 in Planning File No. ZE-52-88, and site plan of record in File No.
ZE-52-88. The site was owned at the time by the current applicant and his father, Arlo Huber.
The 1990 rezone of the site to the I-2 zone was specifically conditioned on the applicant
submitting a site plan which would provide for, within 60 days, the paving of all portions of the
site used for travel, parking and vehicle storage; and the installation of 20 feet of Type I
landscaping along the boundaries of the site. The rezone restricted the use to the existing
agricultural hauling operation, as indicated on the site plan of record, and prohibited any
expansion of the use. The rezone also provided for reversion of the I-2 zone to the Agricultural
(A) zone, or other appropriate "cross-over zone" of the County Zoning Code, at such time as the
agricultural hauling operation on the site was continued.
The truck hauling operation was abandoned in approximately February, 1992. See
notation on Valley Voice article attached to letter dated 3-20-00 from Greg and Sue Hicks.
On July 31, 1992, the applicant at the time, Arlo Huber, was notified by the County Planning
Department, by certified mail, that the zoning of the site would automatically revert to the
UR-3.5 zone of the County Zoning Code within 7 days, based on abandonment of the
agricultural hauling operation on the subject property. The landscaping and paving required by
the rezone were never installed.
Had the site not been rezoned in 1990, the zoning of the site would have automatically
been reclassified from the Agricultural (A) zoning to the UR-3.5 zone, effective January l, 1991,
pursuant to the Program to Implement the Spokane County Zoning Code. See County
Resolution No. 85-0900, Program to Implement, Cross-over Schedule III.
HE Findings, Conclusions and Decision ZE-5-00 Page 3
,
Description of Project: The application proposes a rezone of the site to the I-2 zone, to
allow development of truck and automobile trailer sales on 2.3 acres. The type of trailers to be
sold include horse, cargo, snowmobile, car hauling, flatbed and gooseneck trailers. The existing
building on the site would be used as a sales office. Approximately 50-100 trailers would be
displayed on site. The site plan dated 1-28-00 illustrates a sales office in the existing building,
paved parking for 12 vehicles, and a drainage area, all on the north end of the site. A gravel
trailer sales lot and staging area is illustrated on the remainder of the site. Required landscaping
(20 feet of Type I landscaping) is illustrated along the east and west borders of the subject
property, adj acent to UR-3.5 zoning, and along the north and south borders of the site (5 feet of
Type III landscaping), adj acent to public roads.
The rezone application indicates that the site w•ill be completely fenced with chain-link
fencing, with access only along Broadway Avenue. The application states that the Alki frontage
of the site will be fenced and landscaped, with no exits or entrances. Some existing trees would
also be retained. The record indicates that the applicant plans to move his existing trailer
business, located a few miles northwest of the site in an existing I-2 zone, to the subject property.
At the public hearing, the applicant submitted a revised site plan, which illustrated
development of the site in two separate phases. Phase I would be developed first and include all
but the southerly 120 feet of the site. Such phase would include a paved display area of 38,000
square feet (.87 acres), and the installation of 15 feet of Type I landscaping along the east and
west borders. Phase II would encompass the southerly 120 feet of the site, and would be left
unpaved until needed for a future display area of 21,580 square feet (.5 acres). See Exhibit D
submitted at public hearing.
The applicant's land use consultant testified that additional parking for the development of
phase II could be developed west of the existing building, in the northerly portion of the subject
property. Such consultant also testified that 20 feet of Type I landscaping could be installed
along the east and west borders of phase II, to mitigate impacts on the single-family homes
bordering the south end of the site, with only 10-12 feet of such landscaping installed along the
east and west borders of phase I. Such landscaping modification would be based on the
administrative reduction allowed in required landscaping, where more than 15% of the site would
otherwise be devoted to landscaping required by the Zoning Code. See Zoning Code
14.806.080. See testimony of Cathy Ramm.
B. ProceduralInformation:
Applicable Zoning Regulations: Spokane County Zoning Code Chapters 14.402, 14.504 and
14.632
Hearing Date and Location: May 10, 2000, Spokane County Public Works Building,
Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA.
Site visit: May 9, 2000 and June 8, 2000
Notices: Mailed: April 21, 2000, by applicant
Posted: April 21, 2000, by applicant
Published: April 21, 2000, by County
HE Findings, Conclusions and Decision ZE-5-00 Pac.,,e 4
. •
Hearing Procedure: Pursuant to County Resolution Nos. 96-0171 and 96-0294
Testimony:
Tammy Jones Cathy Ramm
Division of Planning 25 South Altamont
1026 West Broadway Spokane, WA 99202
Spokane, WA 99260-0240
Greg Hicks Mark Huber
18601 East Alki 6222 East Desmet
Greenacres, WA 99016 Spokane, WA 99212
Items Noticed: Spokane County Generalized Comprehensive Plan, County Zoning Code,
County Zoning Ordinance (expired), County Code, County Arterial Road Plan maps, County
official zoning maps for Sections 17 and 18, County Standards for Road and Sewer Construction,
County Guidelines for Stormwater Management, final land use decisions referenced in Staff
Report, and documents from Planning File No. ZE-52-88 included under Exhibit A.
County Resolution No. 99-0261 (revising County Standards for Road and Sewer
Construction), 97-0874 (revising interim regulations for County NGAs), 97-0874 (revising
interim regulations for County IUGAs), 97-0321 (adopting interim regulations for County
IUGAs), 97-0134 (establishing County ILJGA boundaries), 96-0787 (amending Industrial Zones
Matrix), 96-0585 (adopting CWMP Update), 96-0294 (Hearing Examiner Rules of Procedure),
96-0171 (Hearing Examiner Ordinance), and 85-0900 (adopting Zoning Code, and Program to
Implement Zoning Code).
III. FINDINGS OF FACT & CONCLUSIONS OF LAW
LAND USE ANALYSIS
A. Approval criteria
In considering a rezone application, Washington case law generally provides that 1) there is
no presumption in favor of the rezone, 2) the applicant for the rezone must prove that conditions
have substantially changed in the area since the last zoning of the property, and 3) the rezone
proposal must bear a substantial relationship to the public health, safety or welfare. Parkridge v.
Seattle, 98 Wn.2d 454, 462, 573 P.2d 359 (1978); and Bjarnson v. Kitsap County, 78 Wn. App.
840, 899 P.2d 1290 (1995).
A comprehensive plan is considered as a general blueprint for land use regulation. Only
general conformance with a comprehensive plan is required for approval of a rezone proposal.
Citizens for Motint Vernoti v. Ciry of Motint Vernon, 133 Wii.2d 861, 873 (1997); Cathcart v.
Snohomish Cozrtzrv, 96 Wn.2d 201, 211-12 (1981). Some Washington cases have d,jspensed with
the changed circumstances requirement where the rezone specifically implemented the policies
of the comprehensive plan. Bjarnson v. Kitsap County, saipra.; Save Our Rural Environment v.
Snohomisli Cotrnnl, 99 Wn.2d 363, 370-371 (1983); and Tugwell v. Kittitas Coiinry, 90 Wn. App.
1, 8, 951 P.2d 272 (1999).
HE Findings, Conclusions and Decision ZE-5-00 Page 5
Where the policies of a comprehensive plan conflict with zoning regulations, the provisions
of the zoning code will usually be construed to prevail. See Weyerhaeuser v. Pierce County, 124
Wn.2d 26, 43 (1994); and CougarMt. Assocs. v. King County, 111 Wn.2d 742, 755-57 (1988);
and Nagatani Bros. v. Commissioners, 108 Wn.2d 477, 480 (1987).
The County Hearing Examiner Ordinance authorizes the Hearing Examiner to grant, deny
or grant with such conditions, modifications and restrictions as the Examiner finds necessary to
make a land use application compatible with the Spokane County Generalized Comprehensive
Plan and development regulations. See County Resolution No. 96-0171, Attachment "A",
paragraphs 7(d) and section 11. Development regulations include, without limitation, the
County Zoning Code, the State Environmental Policy Act (SEPA) and the County's Local
Environmental Ordinance (chapter 11.10 of Spokane County Code).
Section 14.402.020 of the County Zoning Code authorizes amendments to the Code based
on any one of six (6) grounds, without differentiating between amendments to the text of the
Zoning Code and amendments to the official zoning map. Zoning Code 14.402.020(1)
authorizes the Code to be amended if it is consistent with the Comprehensive Plan and is not
detrimental to the public welfare...". Zoning Code 14.402.020(2) authorizes a Code amendment
where "Changes in economic, technological, or land use conditions has occurred to warrant
modification of this Code...". These are the most relevant criteria for consideration of a site
specific rezone application.
Section 14.100.104 of the County Zoning Code states that the provisions of the Code shall
be interpreted to carry out and implement the purpose and intent of the Comprehensive Plan, and
the general plans for physical development of the county adopted by the Board of County
Commissioners. Zoning Code 14.100.106 indicates that when the provisions of the Zoning Code
conflict with the Comprehensive Plan, or other adopted plans and development regulations, the
more restrictive provisions shall govern to the extent legally permissible and the Zoninc, Code
provisions will be met as a minimum.
B. The Dror)osed rezone, as conditioned, generallv conforms with the Spokane Countv
Generalized Comprehensive Plan; bears a substantial relationship to and will not be detrimental
,
to the public health. safetv and Reneral welfare; and complies with the Spokane Countv Zoning
Code and other aonlicable develooment reQulations.
1. Relevant volicies of Comprehensive Plan
The site and surrounding land are designated in the Urban category of the Comprehensive
Plan. The Staff Report found that the proposal generally conformed to the policies of the Urban
category.
The Urban category is intended to provide the opportunity for a"citylike" environment,
including a variety of land uses served by a high level of public facilities and services. It is
primarily a residential category of single-family, two-family, multifamily and condominium
buildings, along with neighborhood commercial, light industrial, and public and recreational
facilities. The Urban category recommends a residential density (net) range of 1 to 17 units per
acre. Comprehensive Plan, Section 1.
HE Findings, Conclusions and Decision ZE-5-00 Pace 6
The Urban category states that the more intensive uses such as light industrial and
neighborhood commercial should be located near the heavily traveled streets, with the less
intensive uses such as residential isolated from the noise and traffic. Major commercial uses,
heavy industrial uses, mining and intensive farming uses are not considered compatible within
areas of the county designated Urban.
Urban development is recommended in areas having adequate power supplies, water,
sanitary and storm sewers, and school and fire services, provided the other policies of the Urban
category are met. Comprehensive Plan, Decision Guideline 1. 1. 1. Sidewalk facilities are
recommended along arterials connecting residential areas with community facilities andJor
commercial areas. Decision Guideline 1.5.3. Paved streets, street lights, underground utilities
and public sewer are strongly encouraged in such category. Decision Guidelines 1.3.3, 1.5.3,
1.5.4, 1.5.5. The Urban category recommends that land use proposals identify and mitigate
significant adverse impacts on existing utilities and traffic systems, and conform to applicable
plans, policies and regulations adopted for such facilities. Decision Guideline 1.6.1.
The Urban category discourages residential development in high noise areas, such as in the
vicinity of airports, railroads and freeways. Objective 1.5.d, Decision Guideline 1.5.6. The
Urban category recommends that buffering and/or landscaping be used to mitigate the
differences between proposed developments and existing uses. Decision Guidelines 1.5.1 and
1.5.2, and Objective 1.5.a. The structure height and architectural character of a proposal relative
to that in the surrounding neighborhood are to be considered in deternuning whether the proposal
will change the existing land use character in a negative manner. See Objectives 1.5.e, Decision
Guideline 1.5.8.
The Comprehensive Plan defines "heavy industrial use" as those industrial activities
which include but are not limited to manufacturing, processing or assembly/disassembly
activities which, when unchecked, release air, water, noise, or visual pollutants in their
operation"." Light industry" is defined by the Comprehensive Plan as those industrial uses
which are characterized by their compatibility with other land uses. This is accomplished
primarily by their densities, setting and insignificant contribution of air, water, visual and noise
pollution to their surroundings. Comprehensive Plan, glossary.
The Transportation section of the Comprehensive Plan contains the County Arterial Road
Plan and numerous policies relating to development and use of designated arterials and local
access roads. Comprehensive Plan, Section 21. These policies are implemented primarily
through the County Road and Sewer Standards, or state highway criteria in relation to state
highways and freeways.
The Arterial Road Plan describes the various classes of County arterials and their
functions, and considers all other county roads as Local Access roads. The Arterial Road Plan
maps designate the arterials in the urbanizing areas of the county as Principal Arterials, Minor
Arterials or Collector Arterials, in descending order of importance.
Minor Arterials, such as Broadway Avenue adjacent to the site, are moderate speed
facilities that collect and distribute traffic between Principal Arterials, such as Barker Road and
Appleway Avenue, Collector Arterials and Local Access roads. They are typically located on
community and neighborhood boundaries and should not bisect residential neighborhoods.
HE Findings, Conclusions and Decision ZE-5-00 Page 7
~
Where possible, access to commercial and industrial land uses should be provided from Minor
Arterials, rather than Principal Arterials. Comprehensive Plan, p. 247 and 256; and Decision
Guidelines 21.1.b., 21.1.1. and 21.3.2.
The primary function of Local Access roads is to provide access to adjacent property and
deliver traffic to arterials. Such roads are to be designed and located to provide convenient
access to residential lots, discourage flows of traffic through a neighborhood, and encourage
continuous or unobstructed flow of traffic from a neighborhood to a neighborhood Collector
Arterial. Comprehensive Plan, p. 247 and 260; and Decision Guideline 21.3.3. Decision
Guideline 21.5.10 discourages "through" traffic from using residential access streets, and
encourages making residential neighborhoods more attractive to family residents. This may be
accomplished by utilizing physical and traffic management techniques such as offset
intersections, circle drives, curvilinear street design and cul-de-sacs.
The Transportation section encourages an adequate, efficient, safe, economical and energy-
conserving arterial system; one which provides convenient access to homes, employment,
shopping, personal business and recreation. See Decision Guideline 21.4.2. Decision Guideline
21.5.3 encourages land use planning that will minimize the need for high capacity transportation
corridors and encourages land uses in areas that can take advantage of the available capacity of
existing arterial streets.
Decision Guideline 21.1.6 recommends that industrial and commercial activities requiring
frequent truck deliveries be situated to have direct access to officially designated truck routes.
Special consideration is to be given to commercial or industrial uses located along public transit
routes. See Decision Guideline 21.2.1.
Decision Guideline 21.5.11 encourages pedestrian facilities to enhance the safety and
convenience of pedestrian travel and to provide access to neighborhood facilities. Decision
Guideline 21.1.5 indicates that sidewalks should at a minimum be provided along all arterial
roads and all local access roads which lead to schools, parks and shopping districts. The
Transportation section states that proposed development- may be required to dedicate needed
right of way, or to widen, or assist in widening, existing transportation facilities; all in
accordance with established road desiQn criteria and official maps. Decision Guideline 21.1.7
Section 12 of the Comprehensive Plan addresses energy management in ne~v development.
Decision Guideline 12.1.2 and 12.13 encourage industrial development and other intensive
development to occur near designated arterials and public transit routes.
Sections 22-24 of the Comprehensive Plan encourage the review authority to consider the
impact of development on existing water and sewer facilities, and generally require that the use
of such facilities be in accordance with adopted policies and plans for utilities.
Decision Guideline 23.1.2 of the Comprehensive Plan recommends that sewer facility
planning and development be consistent with the Comprehensive Plan in regard to size, location
and timing. Decision Guideline 23.1.3 indicates that capital improvement plans for sewer
facilities should be used as an implementation tool for the Land Use Element of the
Comprehensive Plan. The more restrictive of the policies in the CWMP and Comprehensive Plan
are to be applied by public agencies using such policies. See County Resolution No. 96-0585.
HE FindinVs, Conclusions and Decision ZE-5-00 Pa;e 8
In 1996, the County adopted an update to the County Comprehensive Wastewater
Management Plan (CWW 1996 Update), which is incorporated into the Comprehensive Plan.
The CWMP 1996 Update discourages the County from extending public sewer service to land
lying inside the Priority Sewer Service Area (PSSA) designated by the Comprehensive Plan, but
outside the 15-year sewer program areas designated by the CWMP 1996 Update, such as the
current site. However, the CWIVIP 1996 Update does not oppose developer extensions to public
sewer in areas lying outside the 15-year sewer program areas but within the PSSA. See County
Resolution No. 96-0585, adopting CWMP 1996 Update, p. 2-8, 2-10 and Exhibit 4-2.
2. Consistencv of proiect with Comprehensive Plan and development regulations
The site is currently zoned Urban Residential-3.5 (UR-3.5), a zone which specifically
implements the Urban category of the Comprehensive Plan. Zoning Code 14.616.100 states
as follows:
The purpose of the UR-3.5 zone is to implement the lower density raj:ge of
the Urban category of the Comprehensive Plan. The intent of the zone is
to promote areas of primarily single family residential use in an urbanized
neighborhood setting, having a high level of public services. Lots shall be
served by a public water system and shall require connection to a public
central sewer system when available. Roadways shall be paved and
curbed and may have sidewalks.
The UR-3.5 zone permits, without limitation, single-family dwellings, duplexes,
manufactured home parks, small-scale community residential facilities, and various public aiid
semi-public uses. See Zoning Code Chapter 14.605. General agricultural (with some
exceptions), general industrial and general commercial uses are prohibited, including animal
raising and/or keeping (other than pets). See Zoning Code 14.616.230, and definition of
" animal, large" and " animal, small" in Zoning Code 14.300.100. Residential (net) densities in
the UR-3.5 zone may not exceed 4.35 dwelling units per acre, absent the approval of bonus
density in a Planned Unit Develop Overlay zone. Zoning Code 14.616.305.
The applicant proposes to rezone the site to the Light Industrial (I-2) zone. Zoning Code
14.632.100 provides as follows:
77ie purpose of the I-2 zone is to meet the needs for industrial land
identified in the Industrial Category of the Comprehensive Plan.
Ittdtcstrial uses in this zone will include processiltg, fabrication, light
assembly, freight handling and similar operations, all of a non-offensive
iiattrre. It is the irrtent of the I-2 zone to allow for these uses by making
tliem compatible with surrounding icses. Geyteral characteristics of
these areas iiiclude paved roads and sidewalks, picblic sewer and water,
a full line of public services including manned fire protectioti and ptrblic
trarisit accessibility.
HE Findings, Conclusions and Decision ZE-5-00 Page 9
In 1996, the Board of County Commissioners amended the Industrial Zones Matrix, Zoning
Code Chapter 14.629, to allow several new commercial uses and light industrial uses to the
industrial zones of the Zoning Code. In the I-2 zone, this included such new commercial uses as
"automobile and recreational vehicle sales, repair, and maintenance", "boat sales, repair, and
maintenance" manufactured and mobile home fabrication/sales lot"," transportation services
and sales including equipment storage", and truck, automobile, and equipment rental facility".
The Examiner agrees with the applicant and the Staff Report that the applicant's proposed use of
the site is a permitted use in the I-2 zone, considering its similarity to such added uses. See
Zoning Code 14.629.080.
The 1996 changes to the Industrial Zones Matrix also amended the I-2 zone to allow
virtually all uses permitted in the Regional Business (B-3) zone, provided the development
standards of the B-3 zone are met. See County Resolution No. 96-0787. Such standards include
location on a public road of Principal Arterial or higher classification. See Zoning Code
14.628.315. The 1996 amendments were intended to reflect changes occurring in the economy
and industrial technologies, and recognized the need for a broader range of commercial uses in
the Industrial category to serve light industrial uses in the I-2 zone. The purpose and intent
statement of the I-2 zone, contained in Zoning Code 13.632.100, was not amended to reflect the
addition of intensive commercial uses to the zone.
The Heavy Industrial (I-3) zone is also intended to implement the Industrial cate~ory of the
Comprehensive Plan, by permitting, providing and protecting areas for primary manufacturing
industries. Zoning Code 14.634.100.
The Industrial Park (I-1) zone is intended to provide for those high technology industrial and
incidental commercial uses of a light intensity, havina no objectionable or obnoxious effect on
adjacent properties. Such zone contains strict development and operational standards intended to
provide compatibility to surrounding residential and commercial properties by minimizing traffic
congestion, noise, glare, vibration, odors, airborne particulate and toxic substances.
Developments in such zone would be characterized by parklike grounds, attractive buildings, and
an aesthetically pleasing working environment. Access to a Minor Arterial or Principal Arterial
is recommended by such zone. Zoning Code 14.630.100.
The I-1 zone is the only industrial zone in the Zoning Code which clearly implements the
Urban category. The Neighborhood Business (B-1) zone is the only commercial zone which
clearly implements the Urban category. See Zoning Code 14.624.100.
The applicant proposes to develop the site for trailers which can be hauled by cars and
trucks, including horse, car~o, snowmobile, utility, car hauling, flatbed and gooseneck trailers.
This would include a large paved display area, initially of 38,000 square feet (.9 acres) located in
the middle of the site, and a sales office operated from the existing 2,400 square foot building
located in the north end of the subject property. The southerly 120 feet of the site would be
reserved unpaved, for a future trailer display area of 21,580 square feet. Between 50-100 trailers
would be stored on the site, in an orderly fashion, with an estimated traffic generation of about
10 customers per day, plus employee trips. Approximately 2-3 employees would work on site.
See testimony of Cathy Ramm.
HE Findintis, Conclusions and Decision ZE-5-00 Page 10
The site is bordered on 3 sides, and also to the northwest across Broadway Avenue, by
UR-3.5 zoning and single-family residential parcels of various size. Several of such parcels
include non-confornung large-animal keeping. The 4-acre parcel lying north and northwest of
the site, across Broadway Avenue, is zoned B-3 and developed with a manufactured home
sales/display business. The current site ranges 250-300 feet south of the westbound freeway off-
ramp of the I-90Barker Road freeway interchange, and 400-500 feet south of the I-90 travel
lanes.
The subject property is located along a designated Minor Arterial, which provides
convenient paved access to the east to Barker Road. Barker Road, which is designated as a
Principal Arterial, provides a route to I-90 to the north and to Appleway Avenue, a Principal
Arterial to the south. However, Broadway Avenue is currently unpaved west of the site, and is
closed to travel within 600 feet of the site to the west.
Development of the site for residential uses under the UR-3.5 zone is less than optimal,
considering the large B-3 zone used for manufactured home sales/display to north/nortbwest, the
proximity of the I-90 freeway and the Barker Road interchange, and the site's location on a
designated Minor Arterial. On the other hand, the neighboring land to the north, northwest,
south and east has remained developed for single-family homes, under the UR-3.5 zone, since
the zoning of the site reverted to the I-2 zone in mid-1992. The residence located just northwest
of the site appears to have been constructed during the past few years. Further, Broadway
Avenue remains unpaved west of the site, and is closed to public trave1600 feet to the west, at
Greenacres Road.
The applicant contended that the area is in a transition from residential uses to
commerciaUindustrial uses, including recent rezones to the B-3 and I-2 zones. See testimony of
Cathy Ramm. This is clear only for the land lying east of Barker Road in the area, between I-90
and Appleway Avenue, excluding the sizeable pocket of UR-3.5 zoning lying directly east of
Barker Road beriveen Broadway Avenue and Alki Avenue. Much of the commerciaUindustrial
land lying east of Barker Road lies within or adjacent to the Industrial category of the
Comprehensive Plan. Commercial development along Appleway Avenue, west of Barker Road,
is more or less an extension of the commercial uses located along Appleway west of Barker
Road, which are designated in the Major Commercial category of the Comprehensive Plan.
In 1980, the 4-acre parcel lying north/northeast of the site was rezoned to the Commercial
(C) zone of the now expired County Zoning Ordinance, for the development of manufactured
home sales. Such zoning was automatically reclassified to B-3 on January 1, 1991, pursuant to
the Program to Implement the County Zoning Code. The manufactured home sales/display
business on such parcel was developed sometime after the current site was rezoned to I-2 in
1990, when such parcel contained only a vacant commerciai building. See Board of County
Commissioners decision dated 7-3-90 in File No. ZE-52-88.
Several neighboring residents opposed the project, including the ownership located directly
east of the site, and 4 ownerships located south and southwest of the site along Alki Road. All
such ownerships have residences fronting along Alki Road. Such owners expressed concern over
increased dust and noise, safety impacts, increased traffic, impacts on property values, potential
use of the site for other uses permitted by the I-2 zone, conflicts between commerciaUindustrial
HE Findinys, Conclusions and Decision ZE-5-00 Page 11
use and adjoining residential uses, the failure of the applicant to comply with zoning
requirements on the site in the past, impacts on privacy, and other concerns.
Approximately 13 residences are located in the block bounded by Alki Avenue, Barker
Road, Broadway Avenue and Greenacres Road. See testimony of Greg Hicks. The nuisance
created by the operation of an agricultural truck hauling on the site between 1986 and 1992 is
well documented in the record. See Valley Voice article attached to 3-20-00 letter from Greg
and Sue Hicks, letters from opposing landowners, and testimony of Greg Hicks.
The current project was supported by the applicant, the owner of the 4-acre parcel zoned B-3
located north/northwest of the site, the owner of the property lying immediately west of the site,
and the owner of an interior residential lot located some distance further to the west.
The project is considerably less intense, in terms of potential noise, dust, odors and business
hours, than the agricultural hauling operation approved for the site under the 1990 rezone of the
site to I-2. Traffic impacts would be minimal, considering the prohibition on the use of Alki
Avenue, the light traffic counts that will be generated by the project, the current low usage of
Broadway Avenue, and the lack of traffic generation that would occur west of the site. The
business hours of the proposed use, i.e. 9 to 5, Monday through Friday, and 4 hours during the
day on Saturday, are reasonably compatible with residential uses. See Environmental Checklist.
The primary concern is buffering the residences located along Alki Avenue east, west and
south of the site. This can be accomplished by precluding development of the proposed use in
the southerly 120 feet of the site, rather than allowing its later development for additional trailer
display. A rezone or change of conditions application for a more compatible use could later be
considered for such area, though the public hearing process.
Landscapina required along the perimeter of the site, and sight-obscuring fencing required
around the trailer display area, will provide additional buffering. Requiring all traveled areas of
the site, including parking and storage areas, to be paved will eliminate most dust impacts. Use
of the site can be limited to the proposed use.
The proposed use is of relatively light intensity, similar to the neighborhood commercial or
licyht industrial use contemplated by the Urban category along an arterial. The project will be
located along a designated Minor Arterial, which is the preferred type of access road for
industrial uses. The subject property is located inside the County IUGA regulations. The site
has convenient access to Interstate 90 and other significant arterials in this part of the Spokane
Valley area. The project will be served by a high level of public services, including public water
and sewer, and modern utilities. County Engineering conditions require the applicant to install
sidewalk along Broadway Avenue.
T11e Examiner has given appropriate weight to the views of neighboring property owners,
which may be given substantial weight but are not controlling. Parkridge v. Seattle, 89 Wn.2d
454 (1976). As indicated above, such views are split on the project, with some neighboring
owners expressing support for the project and others opposing. Overall, the Examiner finds that
the project can be appropriately buffered from neighboring residential uses, so that it generally
conforms with the Comprehensive Plan and bears a substantial relationship to the public health,
safety and welfare.
HE Findincrs, Conclusions and Decision ZE-S-UO Page 12
The CWMP and sanitary waste disposal policies of the Comprehensive Plan are
implemented in part by the Aquifer Sensitive Area (ASA) Overlay zone. The ASA Overlay zone
requires connection to available public sewer, for new development located inside both the PSSA
and ASA, such as the current proj ect. Zoning Code 14.706.100 (1).
County Resolution No. 97-0874 (Section 8) prohibits the approval of rezone proposals
located within the County's ILJGA boundaries, but outside the 15-year sewer program areas
adopted by the CWMP Update, such as the current site, unless the proposal can demonstrate the
availability of public sewer service and public water service consistent with County standards.
The project has been conditioned for connection to public sewer. While public sewer lies
over 700 feet from the site at its closest point, the record indicates that it is feasible for the
applicant to connect to public sewer either east of Barker Road, along Broadway Avenue, or
southeast of the site at Appleway Avenue and Barker Road. See testimony of Cathy Ramm and
Mark Huber, and notations on County Engineers map for Section 18 in File No. ZE-5-00.
The Examiner has added or modified conditions of approval to ensure that the project is
properly buffered from adjoining residential land uses. The project has been conditioned for
compliance with the development standards of the I-2 zone and other applicable provisions of the
County Zoning Code, and the recommendations of the commenting public agencies.
No public agencies objected to the DNS issued for the proposal by the County Division of
Building and Planning. The proposal will not have more than a moderate effect on the quality of
the environment, and the Examiner concurs with issuance of the DNS. The procedural
requirements of chapter 43.21 C RCW and chapter 11.10 of the Spokane County Code have been
met.
C. Conditions in the area have sufficientlv changed in the area since the site was last zoned to
justifv the proposed chanQe of conditions. as conditioned.
In applying the changed circumstances test, courts have looked at a variety of factors,
including changed public opinion, changes in land use patterns in the area of the rezone proposal,
and changes on the property itself. The Zoning Code references changes in "economic,
technological or land use conditions" as factors that will support a rezone. Spokane County
Zoning Code Section 14.402.020 (2). Washington courts have not required a"strong" showing
of chancye. The rule is flexible, and each case is to be judged on its own facts. Bassani v. County
Commissiotiers, 70 Wn. App. 389, 394 (1993).
As stated previously, recent cases have held that changed circumstances are not required if
the proposed rezone implements policies of a comprehensive plan. As concluded previously, the
project generally conforms with tile policies of the Comprehensive Plan.
Changes occurred in the area benween the time the site was originally zoned A~ricultural
(A) in 1957 and the rezoning of the site to the I-2 zone in 1990. This includes the designation of
Broadway Avenue as a Minor Arterial, and the 1980 rezone of the 4-acre parcel to the north to
the Commercial (C) zone of the now expired County Zoning Ordinance. In 1990, the site was
rezoned to the I-2 zone, for an agricultural products truck hauling business. Such zoning and use
of the site was terminated in 1992, in favor of the existing UR-3.5 zoning, because the applicant
HE Findinas, Conclusions and Decision ZE-5-00 Paqe 13
at the time did not want to bear the expense of landscaping and paving the site as required for the
truck hauling use. The current use proposes a less intense use of the site, under the same I-2
zoning.
Since the zoning of the site reverted to the UR-3.5 zone in 1992, a manufactured home
sales/display business has been developed on the 4-acre parcel zoned B-3 lying north/northwest
of the site. In 1997, the current site was included within the County's IUGA boundaries, which
necessitates that the project be sewered. A number of rezones to the B-3 and/or I-2 zone have
been approved and developed for commerciaUindustrial uses east of Barker Road. The growth of
the Spokane Valley area and the proximity of the I-90Barker Road interchange will continue to
apply presslue on the land area lying both east and west of Barker Road in the area for more
intense urban, commercial and industrial development.
IV. DECISION
Based on the above Findings of Fact and Conclusions of Law, the proposed rezone of the
site to the Light Industrial (I-2) zone is hereby approved, subject to the conditions of approval
listed below. Any conditions of such agencies which have been added or significantly revised by
the Hearing 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 oblijation to
comply with all other requirements of other ac-rencies rvith jurisdiction.
SPOKANE COUNTY DIVISON OF PLANNING
1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant,"
which term shall include the owner (s) and developer (s) of the property, and their heirs, assigns
and successors.
2. The zone change applies to the following real property: Lot 1 in Block 9 of Corbin
Addition to Greenacres, lying southeasterly of the County Road survey of Highway 90, except
the west ~ 19 feet of said lot.
3. The proposal shall comply with the Light Iildustrial (I-2) zone, and all applicable
provisions of the Spokane County Zoning Code, as amended.
4. The applicuirt shall develop the siebject pj-operty in accordaizce tivitli the site plcrn of recorcl,
strb»iitted as E_rhibit D at the picblic hearifrg, sicbject to conditiotts of approval and compliance
with applicable development regielations. Yariations niay only be approved in accordance with
Section 14.504.040 of the Coicnty Zoning Code, aiid must be cotisistent tivith conditioris of
appi-oval, the County Zojiing Code and other applicable development regaulations.
5. Approval is required from the Director of the Division of Plaruling/designee of a specific
licyhting and signing plan for the described property prior to the release of any building permit.
HE Findin7s, Coriclusions and Decisioil ZE-5-00 Pa~e 14
6. Direct light from any exterior area lighting fixture shall not extend over the property
boundary, and shall be directed away from adjoining properties.
7. A specific landscape plan, planting schedule and provisions for the maintenance acceptable
to the Director of the Division of Planning/designee shall be submitted with a performance bond
or other suitable guarantee for the project prior to release of any building permits. Landscaping
shall be installed and maintained so that sight distance at access points is not obscured or
impaired.
S. The Division of Planning shall prepare and record with the Spokane County Auditor a Title
Notice noting that the property in question is subject to a variety of special conditions imposed as
a result of approval of a land use action. This Title Notice shall serve as public notice of the
conditions of approval affecting the property in question. The Title Notice should be recorded
within the same time frame as allowed for an appeal and shall only be released, in full or in part,
by the Division of Plannincr. The Title Notice shall generally provide as follows:
"The parcel of property legally described as [ ] is the subject of a land use action by a
Spokane County Hearing Examiner on June 12, 2000, imposing a variety of special development
conditions. File No. ZE-5-00 is available for inspection and copying in the Spokane County
Division of Planning."
9. The Spokane County Division of Planning shall prepare aild record with the County
Auditor a Title Notice specifying a future land acquisition area for road right-of-way and
utilities. The Title Notice shall state the following:
a. A strip of property 10 feet in width from the existing riglt-of-way is reserved for
future acquisition area for additional road right-of-way width along Broadway Avenue.
b. Future building and other setbacks required by the Spokane County Zoning Code
shall be measured from the reserved future acquisition area.
c. No required landscaping, parking, `208' areas, drainfield or allowed signs should be
located within the future acquisition area for road right-of-way and utilities. If any of the
above improvements are within the area, they shall be relocated at the applicant's expense
wlien roadway improvements are made.
d. The future acquisition area, unit acquired, shall be private property and may be used
as allowed in the zone, except that any improvements (such as landscaping, parking,
surface drainage, drainfield, signs or others) shall be considered interim uses.
e. The property owner sliall be responsible for relocating such "interim" improvements
at the time Spokane County makes roadway improvements after acquirino said future
acquisition.
10. Use of the site shall be li►ytited to the sale aiid display of trzrck rrjrd aictomobile trailers, as
proposed bv tlre applicatit.
HE Findings, Conclusions and Decision ZE-5-00 Paue 15
11. The south 120 feet of the site shall not be developed or utilized for the proposed use, or
any othej• rise.
12. At least twentv (20) feet of Type I landscapijig shall be installed along the sozcrh 120 feet
of the east arid west boufidaries of the site. At least fifteen (15) feet of Type I landscaping shall
be installed along the remainder of the east atid west boundaries of the site. At least S feet of
Ttipe III landscaping shall be irzstalled along B~-oad~va~~ Avenue and Alki Avenue.
13. 411 parking, storage, display uir~l traveled areas on the site sliall be paved.
14. The trailers oji the site, and otlter storage, shall be kept tivithin an entirely enclosed
building, or sight-obscuring, non pierced fefice not less than six (6) feet iri height, tall enoicgh to
screen said items frorn vietiv at ground level, ifi accordajice with Section 14.632.355 of the
County Zoning Code.
15. No occtside lozcdspeakers shall be operatecl on the site.
16. Signage for the business is prohihited along Alki Avenue.
SPOKANE COUNTY DIVISION OF ENGINEERING
Prior to release of a building permit or use of propert y as proposed:
1. Access permits for approaches to the County Road System shall be obtained from the
County Engineer.
2. Applicant shall submit for approval by the Spokane County Engineer sidewalk, drainage
and access plans.
3. The applicant shall submit for approval by the Spokane County Engineer and the Spokane
Regional Health District a detailed combined on-site sewage system plan and surface '~N7ater
disposal plan for the entire project or portion thereof if the development is phased.
4. A parking plan and traffic circulation plan shall be submitted and approved by the Spokane
County Engineer. The design, location and arrangement of parking stalls shall be in accordance
with standard engineering practices. Paving or surfacinc, as approved by the County Engineer
will be required for an_y portion of the project which is to be occupied or traveled by vehicles.
5. Sidetivalk is required to be constructed along Broadway A`-enue.
6. Access to Alki Avenue shall be Prohihiterl.
7. Roadway standards, typical road~vay sections and drainaQe plan requirements are founc~ in
Spokane County Resolution No. 99-0265 as amended and are applicable to this proposal.
HE Filldings. Conclusions anc? Decision ZE-5-00 Pa2e 16
Na construction work is tv be performed within the existing or proposed right of way until
a permit has been issued by the CQunty Engineer. All work within the public road right of way is
subject to inspection and apprQVal by the County Engi.neer,
9. All required canstruction within the existing or proposecl public right of way is ta be
completed prior to the release of a buildin~ permit or a bond in an amount estimated by the
County Engineer to cover the cost of construction or improvements shall be filed with the
County Encritaeer.
10. The County Arterial Road plan identif es Broadway Avenue as an 84-foat IViinor Arterial.
The existing right af way width vf 60 feet is not consistent with that specified in the p1an. In
Qrder to implement the Arterial Road Plan it is recammended that a strip of prvperty 10 feet in
width along the Broadway Avenue frontage be set aside in reserve. This property may be
acquired by Spokane Coun#y at the time when Arteriat Improvements are made ta Braadway
Avenue.
11. The applicant is advised that there may exist utilities either undergraund or overhead
affecting the applicants praperty, includina, property to be dedicated or set aside future
acquisition. Spokane County will assume no financial obligation for adjustments or relocation
regarding these utilities. The applicant should check with the applicable utilities and Spokane
County Enc-rineer to determine whether the applicant or utility is respcansible for adjustment or
relocatian costs and to make az-rrangements #`crr any necessary work.
12. The applicant shall grant applicable border easements adjacent ta Spakane Caunty Right of
Way per Spokane Cvunty Standards.
SF(aKA-L'vE CC1UNTY DIVISIOI''+1 OF UTILITIES
1. A wet (live) sewer connection to the area-wide puhlic sewer system shali be canstructed. A
sewer connection permit is required. Cvmmercial developments shall submit histoncal andlor
estirnated water usage prior to the issuance of the connection permit in order tv establish sewer
fees.
2. The applicant shall submit expressly to Spakane County Division of U#ilities, "under
separate cover", only ihose plan sheets showinc, sewer plans and specif cations far fhe public
sewer connections and faciiities for review and appraval. Commercial and institutional
+develQpments shall submit historical andlor estimated water usage as part of the sewer pian
submittal.
3. 5ewer plans acceptabie to the Division of Utilities shall be stibmitted prior to the issuance
of the sewer construetion permit.
4. Any water service far this project shall be prowided in accardance with the Coordinated
Water System Plan for Spokane Cuunty, as amended.
HE Findings, CQnclusions and Decis'tan ZE-5-00 Page 17
. !
SPOKANE COUN'TY AIR POLLUTION CONTROL AUTHORITY
1. All applicable air pollution regulations shall be met. See February 22, 2000 SCAPCA
letter to Tammy Jones.
SPOKA,NE 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. A public sewer system shall be made available for the project.
5. The use of private wells and water systems is prohibited.
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
1. The applicant shall contact the Traffic Department to ensure the proposed outdoor signage
conforms to the State and Federal Scenic Vistas Act.
HE Findings, Conclusions and Decision ZE-5-00 Pa`e 18
DATED this 12`h day of June, 2000.
SPOKANE COUNTY HEARING EXAMINER
~ ✓
Michael C. Dempsey, WSB,,t#35
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Spokane County Resolution Nos. 96-0171 and 96-0632, the decision of the
Hearing Examiner on an application for a zone reclassification and accompanying SEPA
determination is final and conclusive unless within ten (10) calendar days from the Examiner's
written decision, a party of record aggrieved by such decision files an appeal with the Board of
County Commissioners of Spokane County, Washington. However, RCW 36.70B.110 (9)
indicates that administrative appeals of county land use decisions and SEPA appeals shall be
filed with the board of county commissioners within fourteen (14) calendar days of the date of
the decision.
This decision was mailed by certified mail to the Applicant on June 12, 2000. Depending
on which appeal period referenced above legally applies, and counting to the next business
day when the last day for appeal falls on a holiday or weekend, the apneal closing date is
either June 22. 2000 or June 26. 2000.
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. The file may generally be
inspected Monday - Friday of each week, except holidays, between the hours of 8:00 a.m. and 4:00
p.m. Copies of the documents in the record will be made available at the cost set by Spokane
County.
HE Findin(Ts, Corlclusions and Decision ZE-5-00 Page 19
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ENGINEER'S RE V~EW SHEET
Project Status Active
As Built Plans Reccived Rezone File ZE1 -ooos-oo -oo
Road Plans Approved Gompanion Filcs:
New Road Standards 5-1 >-9i Mylar
Related Files: ZE-0052-89 ZE-0052-88
Hearing: 0511012000 10:30 Building Dept:
"technical Review: 03/02f2000 01:15
Preliminary Review: Typc: Large Lot Bldg. Square FeeE
Uate Received: 02/17/20(}0 No. Lots: No. Acres:
Project Naine UR-3.5 TO I-2 AUTO & TRUCK TRAILER SALES ,
Sitc Address N. ALKI, W. DARKER, S. DROADWAIr', E. GREENACftES, BROADWAY E. 18502
Applicant Range-Township-Section: 45 - 25 - 18 PARCFL(S): (firsi 20)
Conditions Mailed: Lf-n-o 55184.0912
RAMM ASSOCIATES [NC rlood Zone No
25 S. Altamont St Water Source Public
SPOKANE, WA 99202
Sewer Sourcc
Phone Fax School Dist 356
(509) 534-8086 (509) 534-8159 Pirc Dist 1
Phone Dist
Owner
Mark Huber
6222 E. Desmet Av
SPOK.ANE, WA 99212-
Company Surveyor
Phone
(509) i 34-s461 RAhf M ASSOC[ATES TNC
(509) 8924)587 25 S. Altamont St
SPOKANE, WA 99202
C3uilding Ph: 477-3675 / Planning Ph: 477-2205 Conlact: 'I'AtitN1Y JONE:S Phone Fax
(509) 534-8086 (509) 534-8159
Date Submitted Description Ioitials
Eng Need Technically Complete Eng Need Harvard Rd Mitigation
Eng Need Drainage Plans Eng Need T'rallic Analysis Eng Need Other
Eng Agree Pay Fees Received Eng Final Plat Eees Completed
Copy to Accounting
Eng Agree Ariority Fees Received 02/I0l2000 Eng Prelim Plat Fees Completed
Notice tv Public / Notice to Public # 1 3 4 6 Completed - or Needs to be signed
Design Deviation Dates (In-0ut)
; l ! I I r l l
Bon~ quantieT
drainage item calculated
Hcaring Date Decision App ~ Den Cond Appld f3CC'
Appcaled to BCC Decisian App Dcn Cond Appld Cuurt
Appzaled to Court Decision App Den Cond Appld
Stamped Mylars to Secretary (Sandy)
~ / Stamped 208 Lot Plans to Secretary (Sandy)
ENGINELRrS"REVIEW SHEET
Project Status Activc
As Built Plans Received Rezone File ZE-0005-00 "00
Road Plans Approved
Companion Files:
New Ruad Standarda 5- 1`-95 Mytar Related Files: ZE-0052-89 ZC-0052-$8
Hearing: Building Dept:
Technical Review: 03/02/2400 01:15
Preliminary Review: Type: Large Lot _I IIldg. Square Feet
Date Received: 02/17l2000 No. Lots: No. Acros:
Project Name UR-3.5 TO I-2
Site Address N. ALKI, W. BARKER, S. BROADWAY, E. GREENACRES, BROADWAY L. 18502
ApPlicant Range-Tvwnship-Section: 45 - 25 - 18 PAI2CEL{S): (first 20)
Conditions Mailed: 55184.0912
RAMM ASSOC[ATFS INC Fload Zone Na
25 S. Altamont St Watcr Source Public
SPOK.ANE, WA 49202 Sewcr Source
Phone Fac School Dist ?'~t,
i 509) 534-8086 (509) 534-8159 Fire Dist 1
Phone Dist
O%vncr
Mark Iliibcr
0?-22 I-. lhsinct:1~
til'OliAN1:. W.\ 90212_ ('oinpany Sur% cyor
Phone
(509) 534-8461 RAMM r1SSOCIr1TT S INC
(509) 892-05$7 25 S. Altamont 5t
SPOKANC, WA 99202
l3uilding Ph: 477-3675 Planning Ph: 477-2205 Contact: 7'AMMY 10NE5 Phone Fax
(509)534-8086 (509) 534-8159
Date Submitted Description Initials
Eng Need Technically Completc: Eng Need I-larvard Itd Mitigation
Eng Need Drainage Plans Eng Need Traffic Analysis Eng Need Other
Eng Pay Fees Received Eng Finat f'lut Fees Completed
Copy to Accounting
Lng Priurity Fees Received
Notice to Public ' Notire to Public # 1 3 4 6 C'ompletecl - (ir Needs to be signed
DetiWn C)tviation Uates (In-Out) I
Stina quanties or
drainage item calculated
Hearing Date Derision App Den Cond Appld aCC
Appealed to BCC Decision App Den Cond Appld Court
:lppealed to Court Decision App Den Cond Appld
Stamped Mylars to Secretary (Sandy)
Stampcd 208 Lot Plans tu Sccretary (Sandy)
~
RECEiVED
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oo -
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gppKAPIE COUMY ENO►INEM SMKW COUNTY ENGINEER
j STAFF REPORT TO THE HEARING EXAMINER
FILE ZE-5-00
SPOKATskE COUUY DIVISION OF PLANNING
HEARING DATE: May 10, 2000 @ 10:30 a.m. FILE ZE-5-00
PROJECT PLANNER: Tammy Jones, Associate Planner
PROJECT DESCRIPTION: Zone rectassification from Urban Residential-3.5 (UR-3.5) to Light
Industrial (I-2) on approximately 2.3 acres for truck and automobile trailer sales and those uses
allowed in the proposed Light Industrial (I-2) zone.
Project Data
Project Location: The site is generally located south of and adjacent to
Broadway Avenue and approximately 350 feet west
of Barker Road in the SE %4 of Section 18, Township
25 N., Range 45 EWM, Spokane County,
Washington.
Parcel Number(s) 55184.0912
Owner/Applicant Mark Huber
6222 E. Desmet Ave.
Spokane, WA 99212
(509) 892-0587
Agent: Ramm Associates, Inc.
25 S. Altamont
Spokane, WA 99202
(509)534-8086
Comprehensive Plan Designation: Urban
Zoning: Urban Residential-3.5 (UR-3.5)
Existing Land Use: Vacant with the exception of a storage building which
is approximately 2400 square feet in size.
Surrounding Zoning and Land Uses:
~ North: Regional Business (B-3) established in 1991,
previously classified as Commercial (C) in 1980 (ZE-
16-80) and Urban Residential-3.5 (UR-3.5)
established in 1991, previously classified as
Agricultural (A) in 1957 (ZE-225-57). Land use to the
north of the site includes single family residences, ~
manufactured home sales and Interstate 90.
• South: Urban Residential-3.5 (UR-3.5) established in 1991, ,
previously classified as Agricultural (A) in 1957 (ZE- ;
286-57). Land use to the south of the site consists
predominantly of single family residences
ZE-5-00
Staff Report - May 10, 2000 Hearing 1 of 7 i
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• East: Urban Residential-3.5 (UR-3.5) established in 1991, ~
previously ciassified as Agricultural (A) in 1957 (ZE-
286-57). Land use to the east of the site consists of
single famify residences, undeveloped land and
commercial uses east of Barker Road.
• West: Urban Residential-3.5 (UR-3.5) established in 1991,
previously classified as Agricultural (A) in 1957 (ZE-
286-57). Land use to the west of the site consists of
single family residences and undeveloped land.
Recent land use actions in Recent land use actions in the surrounding area
surrounding area: include: ZE-27-97; a zone reclassification from UR-
3.5 to I-2 to allow RV and boat sales Iocated north of
and adjacent to Appleway Ave., approved by the
Hearing Examiner September 14, 1999. ZE-22-94; a
zone reclassification from B-3 to B-3 and I-2 for
manufacturing and retail sales located adjacent to
Broadway Ave. and 2000' east of Barker Road,
approved by the Hearing Examiner Committee June
23, 1994. ZE-22-92; a zone reclassification from UR-
3.5 to B-3 for RV sales located adjacent to Broadway
Ave. and 600' east of Barker Road, approved by the
Hearing Examiner Committee June 23, 1994. ZE-33-
89; a zone reclassification from Agriculture (A) to B-3
for truck repair and commercial uses located east of
Barker Rd. and south of Alki Ave., approved by the
Hearing Examiner Committee December 21, 1989.
Land Division Status: The subject property is legally described as of Lot 1,
Block 9 of Corbin Addition to Greenacres.
Shoreline Designation: Not applicable
Water Purveyor: Consolidated Irrigation District No. 19. Public water
service will be provided as authorized by the
Spokane County Division of Utilities.
Sewage Disposal: The site is served by the public sewer system.
Fire Oistrict The applicant is proposing to extend the public sewer
system to the subject site as authorized by the
Spokane County Division of Utilities.
Nearest Arterial and Distance: The site is located adjacent to Broadway Avenue and
approximately 400 feet west of Barker Road. The
Spokane County Arterial Road Plan has designated
Broadway Avenue as a Minor Arterial and Barker
Road as a Principal Arterial. The Spokane County
Division of Engineering and Roads is recommending
that 10 feet of Future Acquisition Area (FAA) be set
aside along Broadway Avenue for future roadway
improvements.
Neighborhood Association: None known
• This proposal is located inside the Interim Urban Growth Area (IUGA).
• This proposal is located inside the Public Transportation Benefit Area (PTBA).
ZE-5-00
Staff Report - May 10, 2000 Hearing
2of7
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GMA/Critical Areas
Aquifer Recharge Area: The subject property is located within the
Priority Sewer Service Area (PSSA) and the
Aquifer Sensitive Area (ASA) Overlay Zone.
Fish & Wildlife Habitat Conservation Areas None illustrated on the Spokane County
Critical Areas Maps.
Floodplain ~ The site is not located within a flood plain.
Geologically Hazardous Areas None illustrated on the Spokane County
Critical Areas Maps.
Wetlands None illustrated on the Spokane County
Critical Areas Maps.
SEPA
A Determination of Nonsignificance (DNS) was issued for the proposal on April 21, 2000, with a
comment period ending on May 8, 2000.
Noticinq
Published: The proposal was published in the Legal Notice section of the Spokesman Review on
April 21, 2000.
The deadline for notifying property owners/taxpayers within 400 feet of the proposal was January
April 24, 2000.
Site Posting Deadline: The deadline for posting public notice on the site was April 24, 2000.
1724 Compliance Dates
Application Accepted: February 10, 2000
Technically Complete / Determination of Completeness issued: March 16, 2000
Date Notice of Decision is due: July 14, 2000
Reviewinq Aaencies
9 agencies were notified on February 17, 2000, and April 13, 2000. Comments were due on March 2, 2000,
and April 26, 2000.
Agencies Notified Response Date Agencies Notified Response Date
Received Received Received Received
Spokane County Division Yes 5/1100 5pokane Regional Yes 3/2/00
of Engineering; Health District
Transportation
Spokane County Division Yes 2/22/00 Washington State Yes 3/2/00
of Engineering; Department of
Development Services Transportation
Spokane County Division Yes 4/21/00 Spokane County Fire Yes 2/24/00
of Utilities I Protection District No. 1
Spokane County No Consolidated Irrigation No
Stormwater Utility District No. 19
Spokane County Air I Yes 2/22/00
Pollution Control Authority
Aqencv Comments:
Agency comments received are in the form of recommended conditions of approval. The Spokane County
Division of Engineering and Roads has recommended a condition of approval prohibiting access to the site
from Alki Avenue.
ZE-5-00
Staff Report - May 10, 2000 Hearing
3 of 7
Pubiic Comments:
A number of letters expressing concerns with the proposed zone reclassification have been received from
neighboring property owners. The concerns expressed include incompatibility of the proposed use with
existing adjacent residential uses and problems with the previous use of the site.
Description of the Site:
The subject site is approximately 2.3 acres in size and is generally flat. The site is located adjacent to both
Broadway Avenue and Alki Avenue which are 2-lane paved streets. Curbing is located along the east side
of Broadway Avenue and there are no curbs or sidewalks located along Alki Avenue. The site contains an
existing storage building, formerly used as a business offce, approximately 2400 square feet in size and
located on the north end of the site. The site does not have any existing paving or landscaping.
Surrounding uses include a manufactured home sales business to the north along Broadway Avenue,
Interstate 90, residential uses to the west, east and south of the site and some limited commercial uses east
of Barker Road. Most of the residences in the surrounding area have limited animal-keeping and agricultural
uses. The majority of the residences in the immediate area front on Alki Avenue.
BackQround:
The current zoning of the subject site is Urban Residential-3.5 (UR-3.5) established in 1991, previously
classified as Agricultural (A) in 1957 (ZE-286-57). The application for the proposed zone reclassification
was submitted on February 10, 2000. A Technical Review meeting was held on March 2, 2000. The
application was determined to be technically complete on March 16, 2000. The Notice of Application was
circulated on March 16, 2000, with a comment period ending on March 30, 2000.
The proposed site was the subject of a previous zone reclassification, ZE-52-88, from Agricultural (A) to
Light Industrial (I-2) to recognize an existing agricultural trucking business, office, storage facility and
garage. The proposed zone reclassification was the result of a zoning violation, file # CV-147-87, over the
commercial use of the site which was established by the appficant in 1986. The originally proposed zone
reclassification was denied by the Hearing Examiner Committee (HEC) on June 22, 1989, and the applicant
appealed the decision to the Board of County Commissioners (BOCC). The BOCC upheld the appeal and
approved the zone reclassification as a contract rezone allowing only the proposed use on August 29, 1989,
with conditions of approval requiring the applicant to pave all traveled areas on the site including parking and
storage areas, and install 20 feet of Type I landscaping along the west, east and south property lines. The
applicant was required to submit a site plan illustrating the paving and landscaping requirements, an
estimate of the costs, and a performance bond within 15 days of the BOCC decision guaranteeing the
improvements be completed within 60 days of the approval of the site plan. An additional condition required
that if the applicant should discontinue the agricuitural trucking business, the property would revert to the
Agricultural (A) zone or appropriate Crossover Matrix Zone. An adjacent property owner filed a request to
the BOCC to reconsider its August 29, 1989, decision and a public hearing was held on May 1, 1990. A
decision on the reconsideration was issued by the BOCC on July 3, 1990, denying the reconsideration
request. The required improvements were not completed by the applicant and the business was
abandoned. The zoning of the site reverted to Urban Residential-3.5 (UR-3.5) on August 7, 1992.
The site is located within the Interim Urban Growth Area (IUGA) as adopted by the Board of County
Commissioners Resolution #97-0321. Section 8 of the Resolution states that "No...zoning reclassification...
shall be approved within the designated Interim Urban Growth Areas unless the proposal can demonstrate
the availability of public sewer service and public water service consistent with County standards. Provided,
however, that lands that are not currently sewered but are within the designated Interim Urban Growth Area
and are also within the 15-year sewer projects as designated in the updated Spokane County
Comprehensive Wastewater Management Plan (CWMP),....may be approved...°. The subject site is
located outside of the 15-year sewer project areas. However, the applicant has contacted the Spokane
County Division of Utilities and requested to extend public sewer to the site from either Appleway Avenue or
an area located east of Barker Road and north of Broadway Avenue.
ZE-5-00
Staff Report - May 10, 2000 Hearing
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The Spokane County Division of Utilities verified on the aication that the site can be served and has
' recommended a condition of approval requiring the extension of public sewer to the subject site.
Staff Analysis:
Project Description: The proposed project consists of a zone reclassification from Urban Residential-3.5
(UR-3.5) to Light Industrial (I-2) zone for automobile and truck trailer sales. Types of trailers to be sold
include; horse trailers, cargo trailers, trailers for snowmobiles, car haulers, flatbed trailers and gooseneck
trailers. The existing storage building is to be used as a sales office and approximately 50 to 100 trailers are
to be displayed on the site.
Comprehensive Plan:
The subject property is located within the Urban category of the Comprehensive Plan. The Urban category
is intended to provide for the development of a"city-like" environment with intensive residential uses, and
public facilities and services. Detailed Definition B states that "Since urban areas will be the most intensely
developed of all the categories, it is primarily a residential category of single family, two family, multifamily
along with neighborhood commercial and light industrial uses. The more intensive land uses such as light
industrial and neighborhood commercial will be located near the heavily traveled streets, while the least
intensive residential uses will be isolated from the noise and heavy traffic."
The site is located adjacent to Broadway Avenue which is identified within the Spokane County Arterial
Road Plan as a Minor Arterial with a planned right-of-way width of 80 feet. Barker Road, approximately 400
feet west of the site is identified within the Plan as a Principal Arterial. Alki Avenue, located south of and
adjacent to the site, is a local access street. If the proposed zone reclassification is approved access to the
site from Alki Avenue will be prohibited.
Detailed Definition D states that °Due to the variety and mix of land uses and activities found in the Urban
category, few land use activities would be inappropriate. Many uses may require screening or other
standards to make them compatible with one another.
Decision Guidelines 1.3.3 and 1.6.1 recommend the provision of sanitary and storm sewer for developments
to protect water quality when the provision is consistent with County plans, policies and regulations. The
applicant is proposing to extend public sewer to the site and storm sewers are required as part of site
development.
Decision Guideline 1.5.1 recommends the use of buffering and/or landscaping to mitigate the difference
between proposed developments and existing uses. Section 14.806.040 of the Spokane County Zoning
Code requires a strip of Type I landscaping, a minimum of 20 feet in width, along all property lines adjacent
to the existing Urban Residential-3.5 (UR-3.5) zone. The subject site is bordered on the east and west by
the Urban Residential-3.5 (UR-3.5) zone. In addition to the landscaping requirement, Section 14.632.355
requires that the storage of materials, including trucks, motor vehicles and equipment shall be entirely
enclosed within a building or a sight obscuring not less than six (6) feet in height.
Decision Guideline 1.5.4 recommends that sidewalk facilities be required along arterials connecting
residential areas with commercial areas. If approved, development of the site will require the construction of
sidewalks along the Broadway Avenue frontage.
Objective 1.5.e recommends that when a neighborhood experiences pressure for a change of character,
such change shall be permitted upon appropriate review. The proposed use is located with direct access to
an arterial and within close proximity to a larger transportation network. Commercial uses are found north of
Broadway Avenue, both to the west and east of Barker Road. The site is also located within a residential
neighborhood and there may be negative impacts from the proposed use on the surrounding residential
uses. The required landscaping and fencing may help to minimize the impacts of the use on the
surrounding residential uses as will prohibiting access to Alki Avenue.
ZE-5-00
Staff Report - May 10, 2000 Hearing
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Zoning:
The purpose of the proposed Light Industrial (I-2) zone is to is to meet the needs for industrial land identified
in the Industrial category of the Comprehensive Plan and provide for uses that are all of a non-offensive
nature. The intent is to allow for these uses by making them compatible with surrounding uses. General
characteristics of these areas include paved roads and sidewalks, public sewer and water, and a full line of
public services including manned fire protection and public transit accessibility.
Existing zoning in the area of the site consists of Urban Residential-3.5 (UR-3.5), Regional Business (B-3)
and Light Industrial (I-2). Similar land use actions in the surrounding area include ZE-27-97, ZE-22-94, ZE-
22-92 and ZE-33-89.
Site Plan:
The site plan of record illustrates a proposed trailer sales lot on approximately 2.3 acres. The proposed
sales office is to be located in the existing 2400 square foot storage building located on the north end of the
lot. The site plan illustrates a paved parking area, required landscaping along all property lines and two
access points along Broadway Avenue. The site plan notes that the proposed sales lot is to be a gravel
surface. Section 14.802.080 of the Spokane County Zoning Code requires that all off-street commercial and
industrial storage areas within the Urban Impact Area (UTA) shall have a paved surface prior to the issuance
of a Certificate of Occupancy for the proposed use. Exemptions to this requirement can be granted for
storage areas routinely used by cleated and heavy equipment, or if a paving waiver request is granted by
the Planning Director, County Engineer and Spokane County Air Pollution Control Authority. The site plan
does not illustrate the required 6' high sight-obscuring fence required for the display/sales lot by Section
14.632.355 of the Zoning Code. The site plan illustrates 12 proposed parking spaces, however Section
14.802.040 requires a minimum of 33 spaces based on a majority of the site being used as a display/sales
lot. The required number of spaces may be reduced by defining the exact area of the site to be used for the
display/sales lot.
Site Plan Data:
Proposed Repuired
Building Coverage .24 % 50% maximum
Landscaping
Broadway Avenue 5'Type III 5' Type III
Alki Avenue 5' Type III 5' Type III
East property line 20' Type I 20' Type I
West property line 20' Type I 20' Type I
Building Setbacks
Front yard(Broadway) 45' from property line 35 from FAA
Front yard (Alki) 330' from property line 45' from property line
Side yards 70' 5' per story
Parking 12 spaces 33 spaces
The site plan of record illustrates that approximately 20% of the site will be required to be landscaped if the
proposal is approved. Section 14.806.080 of the Zoning Code allows for modification to the landscaping
requirements if more than 15% of the site is required to be landscaped. The Division of Building of Planning
recommends that, if the proposed zone reclassification is approved, no modifications to the required
landscaping be allowed to occur on the south'/Z of the site in order to maintain the required buffering closest
to the existing adjacent homes.
ZE-5-00
Staff Report - May 10, 2000 Hearing
6 of 7
. The proposed site plan of record for generally meets and/or exceeds the minimum development standards
of the proposed Light Industrial (1-2) zone. The applicant will be required to demonstrate compliance with
. the landscaping, parking and fencing requirements prior to the issuance of building permits. Detailed site
plan review will be necessary to determine compliance with the required development standards and is
recommended to occur administratively.
Staff SummarV:
The proposed zone reclassification from Urban Residential-3.5 (UR-3.5) to Light Industrial (I-2) is generally
consistent with the Goals, Objectives and Decision Guidelines of the Comprehensive Plan and the purpose
and intent of the proposed Light Industrial (I-2) zone. Fencing and landscaping requirements, location of the
proposed sales office and prohibited access to Alki Avenue may help to mitigate impacts from the proposed _
use on surrounding residential uses.
Attachments:
A. Maps
• Vicinity Map
• Site Development Plan
• Comprehensive Plan
• Zoning
B. Conditions of Approval
C. Agency Comments
ZE-5-00
Staff Report - May 10, 2000 Hearing
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ATTACHMENT A
VICINITY MAP
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Comprehensive Land Use Plan
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Scale :1 inch - 1250 ft 05I01/00 Comprehensiv+e Land Use Plan
Subject Property within IUGA. A-16- A- - Subject Property within UTA.
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Subject Property within PSSA. Subject Property within ASA.
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ATTACHMENT B
CONDITIONS OF APPROVAL
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~ RECOMMENDED CONDITIONS OF
ROVAL FOR ZE-5-00
1 A,-c APP
A DIVISION OF PLANNING
SPOMX~E C0U1qJT
1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant," which
term shall include the owner or owners of the property, heirs, assigns and successors.
2. The zone change applies to the following real property: Lot 1 in Block 9 of Corbin Addition
to Greenacres, lying southeasterly of the County Road survey of Hwy. 90 except the west
319 feet of said lot.
3. The proposal shall comply with the Light Industrial (I-2) zone and all applicable chapters of
the Zoning Code, as amended.
4. The applicant shall develop the subject property generally in accordance with the concept
presented to the Hearing Examiner. Variations, when approved by the Director of the
Division of Building and Planning/designee, may be permitted, including but not limited to
building location, landscape plans and general allowable uses of the permitted zone. All
variations must conform to regulations set forth in the Spokane County Zoning Code, and
the original intent of the development plans shall be maintained.
5. Approval is required from the Director of the Division of Planning/designee of a specific
lighting and signing plan for the described property prior to the release of any building
permit.
6. Direct light from any exterior area lighting fixture shall not extend over the property
boundary.
7. A specific landscape plan, planting schedule and provisions for the maintenance
acceptable to the Director of the Division of Planning/designee shall be submitted with a
perFormance bond or other suitable guarantee for the project prior to release of any
building permits. Landscaping shall be installed and maintained so that sight distance at
access points is not obscured or impaired. No modifications to the required landscaping
shall be allowed on the south '/z of the subject site.
ZE-5-00 May 10, 2000 Public Hearing
Division of Building and Planning Recommended Conditions of Approval
8. The Division of Planning shall prepare and record with the Spokane County Auditor a
Title Notice noting that the property in question is subject to a variety of special conditions
imposed as a result of approval of a land use action. This Title Notice shall serve as
public notice of the conditions of approval affecting the property in question. The Title
Notice should be recorded within the same time frame as atlowed for an appeal and shall
only be released, in full or in part, by the Division of Building and Planning. The Title
Notice shall generally provide as follows:
The parcel of property legally described as is the subject of a land use
action by a Spokane County Hearing Examiner on May 10, 2000, imposing a variety
of special development conditions. File No. ZE-5-00 is available for inspection and
copying in the Spokane County Division of Planning.
9. The Spokane County Division of Planning shall prepare and record with the County
Auditor a Title Notice specifying a future land acquisition area for road right-of-way and
utilities. The Title Notice shall state the following:
a. A strip of property 10 feet in width from the existing right-of-way is reserved for future
acquisition area for additional road right-of-way width along Broadway Avenue.
b. Future building and other setbacks required by the Spokane County Zoning Code shall
be measured from the reserved future acquisition area.
c. No required landscaping, parking, `208' areas, drainfield or allowed signs should be
located within the future acquisition area for road right-of-way and utilities. If any of
the above improvements are within the area, they shall be relocated at the applicant's
expense when roadway improvements are made.
d. The future acquisition area, unit acquired, shall be private property and may be used
as allowed in the zone, except that any improvements (such as landscaping, parking,
surface drainage, drainfield, signs or others) shall be considered interim uses.
e. The property owner shall be responsible for relocating such "interim° improvements at
the time Spokane County makes roadway improvements after acquiring said future
acquisition.
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ZE-5-00 May 10, 2000 Public Hearing
Division of Building and Planning Recommended Conditions of Approval
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ATTACHMENT C
AGENCY COMMENTS
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4FF1CE 4F THE SPCJKANE COUNT`r ENGIIVEER
1026 W Broadway Ave, Spvkane, WA 99260-0170 (509)477-3600 Fax (549)477-2243
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spCK-01W cOLJT~m i 16ENGINEER'S CC)NDil'1QNS OF APPRO1/AL" ZONE ~
~ TC) Spokane County Planning Department
FROIUI Qivision of Engineenng & Roads
DATE N1ay 1, 2000
P ROJ ECT U R-3 5 TD 1-2
Fl LE # ZE-0005-40
Hearing 05I10/2000 @ 10 30
SponsorlApplicant RAMM ASSQCIATES
Section Township Range 18-25-45
Planner TAIUI[V1Y JCJNES I
Techntcal Review Date 03102I2000 @ 1 15
The Spokane County Engineenng Department has reviewed the above referenced applicat►on The
following "Conditions of Approvai" are submrtted to the Spokane County Planning Department for
inclusivn in the "Findings of Fact, Conclusions and Order/Decision" should the request be approved
Prior to release vf a building permit vr use of property as proposed.
1 Access permits for approaches to the County Road System shall be ob#ained from the County
Engineer
2 Appltcant shall submit for approval by the Spokane County Engineer sidewalk, drainage and
access plans ~
3 The applicant shall submit for approval by the Spokane County Engineer and the Spokane
County Health District a detaiied combined on-site sewage system pian and surface water
disposal plan for the entire proJect or portion thereof if the develvpment is phased
4 A parking pfan and traffic circulation plan shall be submitted and approved by the Spokane
' County Engineer The design, location and arrangement of parking stails shall be in
accordance with standard engineering practices Paving or surfacing as approved by the County
Engineer will be required for any poton of the proJect which is to be occupted or traveled by
vehicles
5 Sidewalk is required to be constructed along Broadway Avenue
6 Access to Alki Avenue shali be prohibited until such time as specifically authorized by the
Spokane County Engineer
CC Apolicant ' RA-vi- ASSOCIATES
Engineer/Sur-vevor
Planner T=_^_fY .TC}WES
Page 2
05/10/2000 03/02I2000
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ZE-0005 00
7 Roadvriay standards, typical roadway sections and drainage plan requirements are found in
Spokane Board of County Commisstoners resolution 99-0265 as amended and are applicable tv
this proposal
8 No cvnstruction work is to be performed withtn the existrng or proposed right of way until a
permit has been issued by the County Engineer All work wrthin the publrc road right of way is
subject to inspectivn and approval by the County Engineer
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9 AIl required constructson within the existing or proposed public right of vvay is to be compieted
prtor to the release of a buildrng permit or a bond in an amount estimated by the Cvunty
Engineer to cover the cost of construction ar improvements shall be filed wrth the Counfy
Engineer
10 The County Arterial Raad plan identifies Broadway Avenue as an 80 foot Minor Arterial The
existing right of way vvidth of 60 feet is not consistent with that specified in the plan ln order to
implement the Arterial Road Plan it is recommended that a stnp of property 10' fee# in width
along the Broadway Avenue frontage be set aside in reserve This property may be acquired by
Spokane County at,the time when Arterial lmproVements are made to Broadway Avenue
11 The applicant shvuld be advised that there may exist u#ilities either underground or overhead
affecting the applican#s property, including property to be dedica#ed or set aside future
acquisition Spokane County vvill assume no financial vb(igation for adjustments or relocation
regarding these utilities The applicant should check with the applicable utilitles and Spokane
County Engineer to determine whether the applrcant or utilit}r is responsible far adjustment or
relocation costs and to make arrangements for any necessary work
12 The applccant shall grant applicable border easements adjacent to Spokane County Right of
Way per Spokane County Standards
END
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r To TAi1AMY JONES (Current Planning)
CC
From Jlflfl RED (Utilities)
Date 0412112000
Subject• ZE-0005-00 Stage Hearing Examiner Phase
18502 E Broadway URllfl
ss09 A wet (live) sewer connection to the area-wide Pubiic Sewer System is to be constructed
Sewer connection permit is required Commercial developments shali submit histoncal and or
estimated water usage pnor to the issuance of the connection permit in order to establish sewer
fees
ss12a Applicant shali submit expressly to Spokane County Division of Utilities "under separate cover',
only those plan sheets showing sewer pians and specifications for the pubiic sewer connections
and facilities for review and approval Commercial developments shall submit histoncal and or
estimated water usage as part of the sewer plan submittai
ss12f Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance of the
sewer connection permit
ws01 Any water service for this proJect shall be provided in accordance with the Coordinated Water
System Plan for Spokane County, as amended
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SPOKANE REGIDNAL HEALTH DISTRICT CONDITIONS
a Sewage disposal method shall be as authonzed by the Director of Utilities, Spokane
County
b Water service shall be coordinated through the Director of Utilities, Spokane
County
c Water service shall be by an existing public water supply when approved by the
Regional EngLneer (Spokane), State Department of Health
d A public sewer system will be made available for the project and individual service
vviIl be provided to each lot pnor to sale
e Use of pnvate wells and water systems is prolubited
landuse /condit ions / pa
t 03/02/2000 10 41 F.AX 3246190 PLANriING-TRAFIC l¢] 01
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Wa5h0ngto8 State Eastern Regoor
Tr~~~ t8~ 2714 N Maytair Street
Spokane WA 99207 2090
Sia! IiAoRison
Secretary of Transportation (509) 324-6000
March 2, 2000
IVis Tammy ]ones
Spokane Couaty Division of Current Planning
1026 W Broadway Ave
Spokane, WA 99260-0220
Re, ZE-5-00; Maxk Huber Zone Reclassi.fication
Dear Ms. Janes,
The Washington State Depariment of Transportation (WSDO1) has reviewed the above
proposal and has the following comment. WSDOT would ask that appticant contact Dave
Burkey of our Traffic Dept. at (509)324-6551 to ensure the proposed outdoor signage
confonns to the State and Federal Service Vlsta's Act
If you have any questions on tlus matter, ple.ase feel free to contact me at 324-6199. -
SmcereIy,
Greg Figg
Transportation Planner
cc- Project File 090-293-17
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Alison S C{ark
18518 E Alki
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Greenacres, WA 99016
Phone (509) 927-9968
March 26, 2000
Tammy Jones, Assoaate Planner
Spokane County Dnnsion of Planning
1026 West Broadway Avenue
Spokane, Washington 99260-0050
Dear Nls Jones
I am wrrtmg to you regardtng Project File Number ZE-5-00 the application for rezoning property
owned by Niark Huber i am strongty opposed to the requested zone reciassrfication from Urban
Residenfial - 3 5 to Light Industria! (1-2) I INe across the street from the property owned by Mark Huber and
I have the following concerns
1 Rezonmg HnU resut# in incxeased dust and noise
2 Rezoning wiil also increase traffic
3 Does the property have a combined on-srte sewage system and surface water disposai system
that can adequately accommodate the needs of the proposed business ar any other business
that might be allowed m an I-2 area?
4 The proposed redassrfication will lower the value of my property
5 Reclassrficabon will make rt drfficult to sefi my property as a residence in the future Who wouid
H►an4 to purchase a horre actoss the street from a Iight industnal area7 if that had been the
situabon at the time 1 bought my home, I wouki not have even looked at the property, much less
purchased rt.
6 The resrdentral qualrty of thrs neighborhood is gradualiy being compromised as businesses
squeeze their way m We have children who play outside and nde their bikes down the street I
have horses in a pasture diredty across the street from the proposed rezonmg area i do not want
to live across from a business that sel(s trucks and automobrte trarlers And onoe the property is
classrfied as Ught Industnal, who bcnow how eise the property might be used?
For a!l of these teasons, I do not support the applu;ahon for rezoning as requested in ProJect Fle Number
ZE-5-00
Sincerely,
Alison S Clark
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March 25, 2040
Tammy Jones, Associate Planner
Spakane Cvunty Divisian of Planrung
1026 West Broadway Avenue `Spokane, WA 99260-0050
RE Project File Number ZE-5-00
Madame
I wish to go on record oppvsmg tlus zvne change My house is at 18512 E Alki Avenue and is
dueetly across Alia from the subject properry The subject lot is bordered on three sides by
homes and any kind of vndustnai vr commerciaI use would be out of place
Sincerely,
Rob Wnght
18512 E Alki Avenue
Grreenacres, WA 99016-9505
926-3391 (home)
994-0876 (ceU) -
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March 20, 2000
Tammy Jones, Associate Planner;
Regarding pro3ect file number ZE-5-00, the application for
rezoning property owned my Mark Huber; When the Hubers had
their previous business on this property in 1986 they lied
about the intended use of the property in order to obtain
the building permit. The permit, dated 6-27-86, says no
comnercial use, storaqe ai own2r's personai property.
They illegally ran a trucking operation there for a number
of years. When this was brought to the attention of the
planning department and subsequent hearings were held, their
lawyer lied about what was going on at the site. There were
numerous violations, to say nothing of being there in violat-
ion of the zoning ordinance to begin with.
Do you believe they will follow any requirements and
regulations set down by the planning department this time if
they get the rezone approved? The "finding of facts" dated
July 6, 1990, states in #9; if the use is discontinued, the
property shall revert to the Agricultural zone. The county
Commissioner's conditions, 2 B states, in the event the
applicant should discontinue his agricultural hauling oper-
ation (which he did in 1992) that the property shall revert
to the Agricultural zone classification. Also, the proposed
motion on Item #11 (ZE-052-88) states the same. We also have
papers f4rom the planning department which state 12 is not
allowed in a UR 3.5 area.
Having a business across the street is not the same as having
one sandwiched inbetween two residences. It doesn't fit, and
the zoning laws state so.
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Greg & Sue Hicks
E. 18601 Alki Ave.
Greenacres, Wa. 99016 924-9712
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March 17, 2000
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Tammy Jones, Assocrate Planner
Spokane County Division of Planning
1026 West Broadway Avenue
Spokane, Washington 99260-0050
Re Project File Number(s) ZE-5-00
Applicant Mark Huber
Project Description Zone reclasstfication from Urban Residential-3 5(UR.-3 5) to Liiaht
Industnal (1-2) on approximately 2 3 acres for truck and automobile tratler sales, etc
We would like to submit our comment regardin~ this project and the envtronmental
review (SEPA) process
Several years ago an individual by the name of Mr Huber put a large building up on the
afore mentioned property for the purpose of personal storage He ended up using it as a
truck maintenance shed for his fleet of grain hauling trucks which disrupted the entire
neighborhood He would run the trucl:s and smell up the neighborhood with diesel
fumes He banged on the trallers to empty them of residual grain early in the morning
and late at night There was always a rotting odor from this detenorating erazn in the
parkinct area and it amacted many flocks of gvlls
Cnven Mr Huber's propensity for misleading statements when dealincr with the Division
of Building and Planning, I believe that his application should be denied if you allow
this to happen acrain, it will lower the property value and make the neiahborhood
unlivable
Sincerely, ,
Edward T Looker
18406 E Alki
Greenacres, WA 99016
Phone 922-1163
Email looknow@ior com
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~ OFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243
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s,Y"ENGINEER'S CONDITIONS OF APPROVAL" ZONE
TO: Spokane County Planning Department
FROM: Division of Engineering & Roads jc LTC
DATE: April 20, 2000 ~
PROJECT: UR-3.5 TO I-2
FILE ZE-0005-00
Hearing: 05/10/2000 @ 10:30
Sponsor/Applicant: RAMM ASSOCIATES
Section Township Range: 18-25-45
Planner: TAMMY JONES
Technical Review Date: 03/02/2000 @ 1:15
The Spokane County Engineering Department has reviewed the above referenced application. The
following "Conditions of Approval" are submitted to the Spokane County Planning Department for
inclusion in the "Findings of Fact, Conclusions and Order/Decision" should the request be approved.
Prior to release of a building permit or use of property as proposed:
1. Access permits for approaches to the County Road System shall be obtained from the County
Engineer.
2. Applicant shall submit for approval by the Spokane County Engineer sidewalk, drainage and
access plans.
3. The applicant shall submit for approval by the Spokane County Engineer and the Spokane
County Health District a detailed combined on-site sewage system plan and surface water
disposal plan for the entire project or portion thereof if the development is phased.
4. A parking plan and traffic circulation plan shall be submitted and approved by the Spokane
County Engineer. The design, location and arrangement of parking stalls shall be in
accordance with standard engineering practices. Paving or surfacing as approved by the County
Engineer will be required for any portion of the project which is to be occupied or traveled by
vehicles.
5. Sidewalk is required to be constructed along Broadway Avenue.
6. Access to Alki Avenue shall be prohibited until such time as specifically authorized by the
Spokane County Engineer.
CC: Applicant RAMM ASSOCIATES
Engineer/Surveyor
Planner TAMMY JONES
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Page 2 '
~ 05/10/2000 03/02/2000
ZE-0005 00
7. Roadway standards, typical roadway sections and drainage plan requirements are found in
Spokane Board of County Commissioners resolution 99-0265 as amended and are applicable to
this proposal.
8. No construction work is to be performed within the existing or proposed right of way until a
permit has been issued by the County Engineer. All work within the public road right of way is
subject to inspection and approval by the County Engineer.
9. All required construction within the existing or proposed public right of way is to be completed
prior to the release of a building permit or a bond in an amount estimated by the County
Engineer to cover the cost of construction or improvements shall be filed with the County
Engineer.
10. The County Arterial Road plan identifies Broadway Avenue as an 80 foot Minor Arterial. The
existing right of way width of 60 feet is not consistent with that specified in the plan. In order to
implement the Arterial Road Plan it is recommended that a strip of property 10 feet in width
along the Broadway Avenue frontage be set aside in reserve. This property may be acquired by
Spokane County at the time when Arterial Improvements are made to Broadway Avenue.
11. The applicant should be advised that there may exist utilities either underground or overhead
affecting the applicants property, including property to be dedicated or set aside future
acquisition. Spokane County will assume no financial obligation for adjustments or relocation
regarding these utilities. The applicant should check with the applicable utilities and Spokane
County Engineer to determine whether the applicant or utility is responsible for adjustment or
relocation costs and to make arrangements for any necessary work.
12. The applicant shall grant applicable border easements adjacent to Spokane County Right of
Way per Spokane County Standards.
END
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DETER1VIYNATION OF RECE VED
NONSIGNIF'ICANCE - "DNS"
WAC 197-1 1-97a and Section I 1.14.23d(3) ApR 2 12000
SPDKANE ENVIR.ONMENT,AL C►RDINANCE
FILE NUMBER: ZE-5-00 SPtKAINE +CQUMY ENriNEER
DESCRIPTI(]N OF PRC)PUSAL: Zone reclassifieation from Urban Residential-3.5 (UR-3.5) tv
Light Industrial (1-2) on apprvximateiy 2.3 acres for #ruGk and automvbile trailer sales and those
uses ailowed in the proposed Light Industrial {1-2} zone.
APPLICANT: Mark Huber, 6222 E. besmet Ave., 5pakane, WA 99212, (509) 892-0587
L(lCATI(7N +fJF PR{3POSAL: Generally iacated south of and adjacent to Broadvvay Avenue and
approximately 350 feet west vf Barker Road in the SE % flf Sectian 18, TvwnshiQ 25 N,, Range
45 EWM, Spokane Caunty, Washingtvn,
LEAD AGENCY: SPOKANE CCJUNTY DIVISI+DN C]F PLANNING
DETER1VLiN.ATIQN: The lead agency for this praposal has determined that it dves not have a prabable
significant adverse impact an the environment. This decision was made after review of a completed
environmental checklist and ather infarnnativn on file with the lead agency. This infvrmation is available
to the publie on request.
This DN5 is issued under WAC 197-11-340(2); the lead acency witl not act on this prvposal for at Ieast
15 days from the date issued (below). Comments regarc#inb this DrNS xnust be submitted no la#er
t,han 4:00 p.m., May 8, 2004, if they are intended #v alter the DNS. All comments shouici be sent to
the cvnta.ct perso❑ listeci below.
RESPl7NSIBLE 4FFICIAL: By: Tammy Jones Title: Assvciate Planner
Spokane County Division af Planning
1026 W. Brpadway Ave.
Spokane, WA 49260-0050 (509) 47 -72U0
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UATE ISSUED: k--~ , 2000 SIGNATUREAU,~
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CONiMENTS REGARDING ENVIRONMENTAL CCaNCERNS ARE WELCOME THE HF.ARING.
APPEAL. ClF THIS DETERMINATIfJ1Y, after it becomes finat, may be made to the SPQK.ANE
CC)LTNT'Y DTVISI4N OF PLANNThIG, I st Floor, 1026 W. Broadway, Spokane, WA 99260. The appeal
deadline is ten (10) calendar days after the signina of the decision to approve or disapprove the project.
This appeal must be written and the appelIant sliould be prepared to make specifc factual abjections.
Contact the Divisian c►f Planning to assist yQU with tlle specifics for a SEPA appeal.
This DNS was rnailed ta:
, (O9ympia)
1. WA State Department of Ecolc~-v
2. Spokane Caunty Qivision of Engineering, Transportation Eng.ineering; Scott Engelhard
3. Spokane County Division of EnIgineerin;, Devefopment Servtces; BiCI Hemmings
4. Spokane County Division of UtilEties; 3irn Red
5. Spokane County Stormwater Utility; Brenda Sims
b. Spokane Re,ianal Health District; Steve Hoiderby
7. Spokane Countv DiVision of Buiiding and Code Enforcement, Tom Davis
8. Spokane Count}r Air Pollution Contrvl Authority
9. Fire Frate+ctian District No. 1
10. Consolidated Irrigatian
11. WA State Departrnent of Transportativn; Mark Rohwer
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RECEVEC
A ~ AP R 13 2000
.a
t SItQ OE COUMY ENGINEER
S P O K A N E T N T
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PLANMNG A D: ,
Gary Oberg, Direcbor
il1NlORAM)t'M
TO: Spokane County Division of Engineering; Scott Engelharci, cio Sandy Kimball
Development Engineering Services; Bill Hemmings
Spokane County Division of Utilities; Jim Red
Spokane County Stormwater Utility; Brenda Sims
Spokane Regional Health District; Steve Holderb%
Fire District No. 1
Spokane County Air Pollution Authoriv.
Washington State Department of Transpul iatiun; i\Iur~ KUht~ Consolidated Irrigation District No. 19
FROM: Tammy Jones, Associate Planner Ivilt,
DATE: April 13, 2000
SUBJECT: Review and comments for the hearing ot LL-5-OU May 10, 2000 at 10:30 a.m.
FILE ZE-5-00
DESCRIPTION: Zone reclassification from Urban Residential-3.5 (UR-3.5) to
Light Industrial (I-2) on approximately 2.3 acres for truck and automobife traiier
sales and those uses allowed in the proposed Light Industrial (I-2) zone.
STR: 18-25-45
APPLICANT: Mark Huber, 6222 E. Desmet Ave., Spokane, WA 99212
(509) 892-0587
Note that the application and maps were previously circulated to your agenc
Please review and return any comments to me by April 26. 2000.
Attachmerlts: Notice of Public Hea►-in«
~c~::~ iv. ~~.u:~uti;:•~~ • 5~~.;.:.ti~, ti`:~.~,::ti~iu:~ ;;~.:~~-o~__
PHOIVE: (509) 477-7200 9 FAx: (509) 477-2243 • TDD: (509) 47;--- : '
~ NO'I'ICE OF PUBLIC HEARING
SPOKANE COUNTY BIEARYNG E R
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TO: All interested persons, and owners/taxpayers within 400 feet
YOIJ ARE HEREBY NOTIFIED THAT A PUBLIC ]EIEARING WII,L BE IREILI) ON TIIE
LAND USE APP]LICATION LISTED BELOW, AS FOLLOWS:
Application: File No ZE-5-00, Zone reciassification from Urban Residential-3 5(UR-3 5) to Light
Industrial (I-2) on approximately 2 3 acres for truck and automobile trailer sales and those uses allowed
in the proposed Ltght Industnal (1-2) zone
Hearing Date and Time: May 10, 2000 @ 10 30 a m
Place: Commissioners Assembly Room, Lower Level, Spokane County Public Works Buiiding, 1026
West Broadway, Spokane, Washmgton
Owner/Applicant: Mark Huber, 6222 E Desmet Ave, Spokane, WA 99212, (509) 892-0587
Address and Location: Generally located south of and adjacent to Broadway Avenue and
approximately 350 feet west of Barker Road in the SE % of Section 18, Township 25 N, Range 45
EWIVI, Spokane County, Washington
Comprehensive Plan: Urban
Zoning Designation: Urban Residential-3 5(UR-3 5)
Environenental Determination: A Determination of Nonsignificance (DNS) was issued by the County
Division of Planning, as the lead agency on Apnl 21, 2000 The comment penod ends May 8, 2000
Related Permits: none
Division of Planning Staff: Tammy Jones, (509) 477-7200
HEARIIVG EXA1tiDNER PROCEDURES
Hearing Process and Appeals: The hearing will be conducted under the rules of procedure adopted
in Spokane County Resolution No 96-0294 All interested persons may testify at the public hearing,
and may submit written comments and documents before or at the hearing The Heanng Examiner
may limit the time given to speakers A speaker representing each side of the issue is encouraged
Any appeal of the Hearing Examiner's deasion will be based on the record established before the
Hearing Examiner, pursuant to County Resolution Nos 96-0171 Environmental appeals will follow the
same procedural route as the underlying action All hearings will be conducted m facilities which are
accessible to persons with physicat disabilities
Inspection of File, Copies of Documents: A Staff Report will generally be available for inspection
seven days before the heanng The Staff Report and application file may be mspected at the Spokane
County Division of Planning, 1' Floor Permit Center, Public Works Building, 1026 W Broadway,
Spokane, WA 99260-0220, befinreen 8 a m and 4 p m, weekdays, IVI-F, except holidays Copies of
documents will be made available for the cost of reproduction If you have any questions or special
needs, please call the Division at (509) 477-7200 Send written comments to the Spokane County
Division of Planning, 1026 W Broadway, Spokane, WA 99260, Attn Tammy Jones2E-5-00 Motions
must be made in wnting and submitted to the Spokane County Heanng Examiner, 3rd Floor, Public
Works Building, 1026 W Broadway, Spokane, WA 99260-0245
i QFFICE C3F THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243
~B -
CxxNn "EIVGiIVEER'S CC}NDITIONS OF APPROVAL" TR ZOIVE
TO Spokane County Building and Planning Department
FROM Division of Engineering & Roads
DATE March 2, 2000 ~
PROJECT. UR-3.5 TO I 2
FlLE # -ZE-0005-00/ }
Sponsor/Applicant TAMNIY JONES
Section Township Range 18-25-45
Planner TAMMY JONES
Technical/Review Da#e (03102/2000 @ 1 •15)
The Spokane County Engineering Department has reviewed the above referenced application The
following "Conditions of Approval" are submitted to the Spokane County Planning Department for
inclusion in the Technical Review Meeting
Prior to release of a building permit or use of property as proposed.
1 Access permits for approaches to the County Road System shall be obtained from the County
Engineer
2 Applicant shall submit for approval by the Spokane County Engineer sidewalk, drainage and
access plans
3 The applicant shall submit for approval by the Spokane County Engineer and the Spokane
County Health Distric# a detailed combined on-site sewage system plan and surFace water
disposal plan for the entire project or portion thereof if the development is phased
4 A parking plan and traffic circulation plan shall be submitted and approved by the Spokane
County Engineer The design, location and arrangement of parking stalls shall be in
accordance with standard engineering practices Paving or surfacing as apprvved by the County
Engineer will be required for any portion of the projecf whlch is to be occupied or traveled by
vehicles
5 Sidewalk is required along Broadway Avenue
6 Access to Alki Avenue shall be prohibited until such time as specifically authorized by the
Spokane County Engineer
7 Raadway standards, typical roadway sections and drainage plan requirements are found in
Spokane Board of County CommESSioners resolution 99-0265 as amended and are applicable to
this proposal
CC Applicant RAMM ASSOCIATES
Engineer/5urveyor
Planner TkMMY JONES
Page 2 ' 03/02/2000
0005
8 No construction work is to be performed within the existing or proposed right of way until a
permit has been issued by the County Engineer All work within the public road right of way is
subject to inspection and approval by the County Engineer
9 Ail required construction within the existing or proposed public right of way is to be completed
prior to the release of a building permit or a bond in an amount estimated by the County
Engineer to cover the cost of construction or improvements shall be filed with the County
Engineer
10 The County Arterial Road plan identifies Broadway Avenue as an 80 foot Minor Arterial The
existing right of way width of 60 feet is not consistent with that speafied in the plan In order to
implement the Arterial Road Plan it is recommended that a strip of property 10 feet in width
along the Broadway Avenue frontage be set aside in reserve This property may be acquired by
Spokane County at the time when Arterial Improvements are made to Broadway Avenue
11 The applicant should be advised that there may exist utilities either underground or overhead
affecting the applicants property, including property to be dedicated or set aside future
acquisition Spokane County will assume no financial obligation for adjustments or relocation
regarding these utilities The appticant should check with the applicable utilities and Spokane
County Engineer to determine whether the applicant or utility is responsible for adjustment or
relocation costs and to make arrangements for any necessary work
12 SPECIAL CONDITION The applicant shall grant applicable border easements adjacent to
Spokane County Right of Way per Spokane County Standards
END
Kimbail, Sandy
From Hemmings, Bill
Sent Tuesday, February 22, 2000 8 56 AM
To Jones, Tammy
Cc Engelhard, Scott, Kimball, Sandy, Sims, Brenda, Miller, Katherine, Darrell, Virginia, Parry, Ed
Subject ZE-5-00 - Mark Huber
2-22-00
I received the above referenced proposal on February 18, 2000
I consider the application to be technically compiete I have no comments on this proposal at this point in time
b~i~ ~ersr~ucrt~. ¢ ~
Page 1
PAGE 1 ' 0 11 08 39 17 FEB 2000
Road# Road Names MPost Reference Descriptio Road Log Info
00324 BROADWAY AV (START) 000 HAVANA ST & SPOKANE U 14 PAVED 50
BROADWAY AV 090 FAIRGROUNDS ENTRANCE U 14 PAVED 50
630 YARDLEY RD (START) U 14 PAVED 50
760 STANLEY RD (START) U 14 PAVED 50
880 HOWE ST (START) U 14 PAVED 50
990 FANCHER RD U 14 PAVED 50
1 070 BROADWAY AV EXTEN (E U 14 PAVED 50
1 170 UPRR CROSSING U 14 PAVED 50
1 180 LAKE RD U 14 PAVED 50
1 250 EASTERN RD U 14 PAVED 50
1 330 DYER RD U 14 PAVED 50
1 470 THIERMAN ST (START) U 14 PAVED 50
1 510 I-90 WB ON/OFF U 14 PAVED 50
1 670 I-90 EB ON/OFF U 14 PAVED 50
1 750 HEACOX AV (END) U 14 PAVED 50
1 820 LILY RD (START) U 14 PAVED 50
1 840 BROADWAY AV (END) U 14 PAVED 44
1 880 GIRARD RD (START) U 14 PAVED 44
1 940 BOWMAN RD (START) U 14 PAVED 44
2 010 PARK RD U 14 PAVED 44
2 250 ELLA RD U 14 PAVED 44
2 380 DICK RD (END) U 14 PAVED 44
2 400 DORN CT (START) U 14 PAVED 44
2 500 VISTA RD U 14 PAVED 44
2 630 BESSIE RD U 14 PAVED 44
2 760 SARGENT RD U 14 PAVED 44
2 880 MARGUERITE RD U 14 PAVED 44
3 000 ARGONNE RD U 14 PAVED 44
3 050 MULLAN RD U 14 PAVED 44
3 120 WILLOW RD (END) U 14 PAVED 44
3 260 LOCUST RD U 14 PAVED 44
3 380 FARR RD (END) U 14 PAVED 44
3 510 WOODRUFF RD (START) U 14 PAVED 44
3 560 WALNUT RD ( END ) U 14 PAVED 44
3 640 HERALD RD U 14 PAVED 44
3 700 DARTMOUTH RD (END) U 14 PAVED 44
3 760 FELTS RD U 14 PAVED 44
3 880 R.AYMOND RD ( END ) U 14 PAVED 44
4 010 UNIVERSITY RD U 14 PAVED 44
4 100 VAN MARTER RD (START U 14 PAVED 44
4 130 GLENN RD (END) U 14 PAVED 44
4 260 PIERCE RD (START) U 14 PAVED 44
4 330 JOHNSON RD (START) U 14 PAVED 44
4 450 WOODWARD RD (START) U 14 PAVED 44
4 520 BOWDISH R.D U 14 PAVED 44
4 580 BATES RD (START) U 14 PAVED 44
4 640 W I LBUR RD ( S TAR.T ) U 14 PAVED 44
5 010 SR-27 (PINES RD) U 14 PAVED 44
5 180 COLLINS RD (END) U 14 PAVED 44
5 240 WILLOWCREST LN (PVT U 14 PAVED 44
5 270 VERCLER RD (START) U 14 PAVED 44
5 360 WOODLAWN RD (START) U 14 PAVED 44
5 520 MCDONALD RD U 14 PAVED 44
5 680 MCCABE RD (END) U 14 PAVED 44
5 900 MAMER RD (START) U 14 PAVED 44
6 030 EVERGREEN RD U 14 PAVED 44
6 280 BEST RD U 14 PAVED 44
6 530 ADAMS RD' U 14 PAVED 44
6 660 BURNS RD U 14 PAVED 44
PAGE 2 ` & 11 08 39 17 FEB 2000
Road# Road Names MPost Reference Descrlptio Road Log Info
6 770 PROGRESS RD U 14 PAVED 44
6 860 ST CHARLES RD (START U 14 PAVED 44
7 040 SULLIVAN RD U 16 PAVED 58
7 310 MOORE RD (END) U 16 PAVED 20
7 530 CONKLIN RD (END) U 16 PAVED 20
7 690 SHAMROCK LN (PVT RD) U 16 PAVED 20
8 040 FLOR.A RD U 16 PA`IED 20
8 320 CORBIN CT (START) U 16 PAVED 20
BROADWAY AV (END) 8 530 LONG RD U 16 PAVED 20
00417 BROADWAY AV (START) 000 GREENACRES RD U 16 GR.AVEL 12
BROADWAY AV 130 END GR.AVEL/START PAV U 16 PAVED 50
BROADWAY AV (END) 250 BARKER RD U 16 PAVED 50
00492 BROADWAY AV(START)(L 000 WEST END TO SWING ST R 09 PAVED 36
BROADWAY AV 030 SWING ST (LIBERTY LA R 09 PAVED 36
090 ORMOND CT (LIBERTY L R 09 PAVED 36
160 FAIRWAY CT(START)(LI R 09 PAVED 36
210 STEVENSON CT(LIBERTY R 09 PAVED 36
280 EAGLE ST (LIBERTY LA R 09 PAVED 36
BROADWAY AV (END) 440 EAST END OF ROAD R 09 PAVED 36
00325 BROADWAY AV (START) 000 COLEMAN RD (START) U 19 LIGHT BITUM 20
BROADWAY AV (END) 060 BROADWAY AV U 19 PAVED 22
00418 BROADWAY AV (START) 000 BARKER RD U 19 PAVED 22
BROADWAY AV (END) 490 EAST END OF ROAD U 19 PAVED 22
00400 BROADWAY AV EXTEN (S 000 FANCHER RD U 19 PAVED 24
BROADWAY AV EXTEN (E 070 BROADWAY AV U 19 PAVED 24
6 Records Processed
~
L4
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A
• S P O K A N E
CCJRREN-I. PLANNING A DMSION OF THE PUBUC WORKS DEP:\.Ft i;.
Gary Oberg, Director
MEMORANDUM
TO: Spokane County Division of Engineering and Roads; Scott Engelhard
c/o Sandy Kimbatl
Spokane County Development Engineering Services; Biil Hemmings
Spokane County Division of Utilities; Jim Red
Spokane Regional Health District; Steve Holderby
Spokane County Stormwater Utility; Brenda Sims
Long Range Planning Division; John Mercer
Spokane County Fire Protection District No. 1
Spokane County Afr Pvllutfon Control Authority
Washington State Department of Transportation; Mark Rowher
Consolidated Irrigation District No. 19
aAd
FROM: Tammy Jones, Associate Planner 17
DATE: February 17, 2000
RE: ZE-5-00
T MARCH 2L N001EW IV~EFTnNG .
a[ 15p
DIVISION OF PLA~NING 1' FLOOR LIPRARY
Please review the above application and use the attached TECHNICAL REVIEW MEETING
FORM for your comments. The Division of Planning encourages you to attend this
meeting. The sponsor and representative have also been invited to attend this meeting.
If you cannot attend the meeting, please forward three (3) copies of your review
comments on the attached form to me prior to the meeting. The attached TECHNlCAL
REVIEW FORMS wlll be glven to the sponsor at the meeting and (ncluded in the Divlslon
of Planning file for'this proposal. Thank you for your cooperation. If you have any
questions about the application, please contact me at 477-7200.
Note: The Division of Planning will now be circulating for
comments on the SEPA checklist at the time of technical review.
Thls wlll be the onty time you will be able to comment regarding the
SEPA checkliat for thts projact,
C: Mark Huber
Ramm Assoc., Inc.
Attachments: Technical Review Form, SEPA Checklist, Application, Site Plan
1026 W. BROADWAY - SPOKANE, WASHIhGTON 99260•0220
PHOrve: (509) 477-7200 • FAx: (509) 477-2243 • TDD: (509) 477-7133
r
Spokane County
Division of Planning
Technical Review Meeting
Meeting Date and Time: March 2, 2000 @ 1:15 p.m.
Project File No.: ZE-5-00
Project Location: Generally located south of and adjacent to Broadway
Avenue and approximately 350 feet west of Barker Road in the SE 1/4 of
Section 18, Township 25 N., Range 45 EWM, Spokane County,
Washington.
Comprehensive Plan: Urban
Project Description: Zone reclassification from Urban Residential-3.5 (UR-
3.5) to Light Industrial (I-2) on approximately 2.3 acres for automobile and
truck trailer sales and those uses allowed in the proposed Light Industrial
(I-2) zone.
Parcel No(s): 55184.0912
Applicant(s): Mark Huber, 6222 E. Desmet Ave., Spokane, WA 99212
(509) 892-0587
Agent: Ramm Associates, Inc., 25 S. Altamont, Spokane, WA 99202
(509) 534-8159
Project Planner: Tammy Jones
• r
. TECHNICAL REVIEW MEETING
SPOKANE COUNTY DIVISION OF PLANNING
Date:
Department:
Department Contact Person:
Action: ZE-5-00; Zone reclassification from Urban Residential-3.5 (UR-3.5) to
Light Industrial (I-2) on approximately 2.3 acres for automobile and truck trailer
sales and those uses allowed in the proposed Light Industrial (1-2) zone.
TECHNICAL REVIEW MEETING: MARCH 2, 2000 @ 1:15 P.M.
Note:
The following information is to provide the proposal sponsor with primary agency
comments to assist the sponsor and aid the processing of public hearing items heard
before the Hearing Examiner. The following information does not provide a complete or
binding final review of the proposal. This will occur only after the proposal is accepted
and placed on the Public Hearing Agenda. The acceptance of the application and
scheduline of the ant)lication on the Public Hearing Agenda is the primary function of
this meeting. A secondary function of this meeting is to provide a preliminarv review of
the apolication. This will provide a forum for the sponsor and other departments of what
to expect as standard development conditions and design recommendations.
The comments received are based on a preliminary review of the application form and
site plan by the Departments and Agencies which have been circulated the information
(not all agencies/departments have been contacted--only those who have been determined
to have primary interest.
1. a. Does the application (or can the development) meet requirements to be
placed on the Public Hearing Agenda YES NO
b. If no, what is lacking?
c. Public Hearing Schedule: Hearings before the Hearing Examiner are
scheduled upon determination that the application is complete. Items will be
scheduled for the first available public hearing.
2. After a r)reliminarv review of the application what "Conditions of Approval"
would be required of the development? (Attach conditions if necessary)
. ,
. _ • , ~ -
~ 'f'OKANC COUNTY DIVISION 0f= C3UILDING AND f*N~N G
f.
. ZoNr_ RccLnssir-icnTioN APPLicATioN
1
0
f'nRT i TA~~N 0
A. G_r_w_r_rtm_ iNr-oannn-riON
LegalOwner Mark Huber
N1ailing nclclress East 6222 Desmet Avenue
Ci(y Spokane, Slate WA Zip Cocle 99212
Phone(509 ) 534-8461 (Worlo ( 509 ) 892-0587 ({-lome) F, x
AnplicantJngent Mark Huber c/o Ramm Associates, Inc.
Mailing Aciclress 25 South Altamont '
City Spokane, Slate WA Zip Cocle 99202
rhone ( 509 ) 534-8086 (worlc) (I-lome) F-r
.lY( 509 ) 534-81 59
IF nPPI.ICANT IS IJOT OWhJCR, INCLUDC WRITTEN OWNCR AU?I-IORI7-A7lON FOR /\PPLICAN7 TO
SrRVr_ ns RcPRrscNYnYivE N/A
f'rojecUproposai site area (acres or sq. ft.) Approximately 2.3 acres
Acljacent area owned or controllecl (acres or sq. ft.) N/A
Assessoi's parcel nUmbers of nrojecl/pronosal 551 84-091 2
Assessor's narcel numbers of adjacent area ownecl or controlled N/A
S(reet acldress of proposal East 18502 Broadway ~
f=xisling zone classificalion(s) ancl cla(e eslaWlshecl UR-3.5 (January 1 991 )
EXlSllng llSE o( pfOperly Vacant
f'ronosed `oning 1-2
Compreliensive plan calegory Urban Scliool clistrict CV # 3 5 6
Waler pLirveyor Consolidated Irrigatior~ire clistrict #1
District #-I-T
f'roposec! use of properly:
Single family clwellings DLiplexes Mtillifilmily dwellings I
MM)ufac►.ured homes ( ) f3uslness Industrial ( ) Mixad tise ( )
Ollier ( ) - Descrihe
Lisl previous nlanning clivision actions involving lftis prorerty Fi le Number 9 0- 081 4,
ZE-052-89 BOCC Findings ZE-052-88, 90-0595, 90-0351; 89,
0985 and County File No. ZE-52-88
n. l_cC:,ni_ILoNr-- Rr_ci_nssir-icnTioN INr-oRNInYioN
~ GeneraY1y,-Yoca:Led-between Broadway Avneue and
Locallon of proposc-il Alki Avenue west of Barker and Broadway in the
vicinity if Interstate Highway 30 anct-13arker Roaa intercnange.
Seclion 18 Tommsnip 25 Range 45
t,lc-ime of public roc-id(s) provi(ling ,-icce~s: Broadway Avenue, Barker Road, and
Alki Avenue
. Property has 250 feet frontage on
Mlll) of proncrly fronlinq on ptjblic road Broadwav Avenue and ~U,o feet
frontage on Alki Avenue
• • 1 .
. ,-ZONi-: RCCLnSSIFICATION i , ~iCOATION . ' PnGr_ 2 of 4 '
.
Does tl)e proposal Ilave access lo an arterial or pIanned arlerial? Ye!gx) No
Name(s) of arlerial roads Broadway Avenue and Barker Road are the
major arterials with direct access to Interstate 90.
I_eoal descriplion o( pronerly (or eacli zone reclassificalion proposecl Loca~ed in a nortion of
Section 18. Township 25, North Ranqe 45 E.W.M., Spokane
County.~ Washincjton. Please see attached Legal nescription.
. . , .
Exisling zone(s) UR-3.5 to proposed zone(s) I-2
for the following descril)ed properly.
nltacli legal descriplion stamped by lanci sLirveyor or provlde below.
See attached Legal Description
If you cJo not hold title to lhe properly, What is your lnterest in It?
Owner
Wlic-it are llie changecl conditions ol lfie area whichyou feel mal<e lliis proposal warranled?
Barker Rd exit to and from Interstate 90. The commercial land uses in
t-hP arP~ dina_ (;uF?rc3on ' _
located across e street on Broa way. Jus SW on A i an er R
is I_2 zon~'. n~ and directlv qross I-90 to the 1VE is a l-arQe I-2 zo e,
with several B-3 zones. To e east ot Barker Road, t7lere are abou~
13, B-3 zones as wellr
Whal imp»ct will llie nronosecf zone rec;lassificallon Iiave on lhe aclJacent properlfes?
Routine traffic will increase slightly. However the nature of this
business typically qenerates fewer than 10 visitors per day.
Wliat faclors sLipport the zone reclassification? Recent changes to Industrial
zoning allowing B-3 uses. Zoning and land reg, Chapter 14, 629-
Industrial Zones Matrix, under I-2 Automobile and Recreational Vehicle
Sales is nernli.tted. The site is visible from and has direct access to
Interstate 90.
WIiat measures do yoLi nropose lo mllig-CItR your nroposal's impact on sLirrounding land tise?
Landscaping will be used to provide a buffer and mitigate the differences
between developments and existing uses. The site will be completely
fenced with chain link fencing. Access will be limited to Broadway Avenue.
Entrance and exit to property will be on Broadway Avenue. Alki frontage
will be fen~ced and landscaped with no exits or entrances.
~ i
; . "Lo~ic RccLnssir- icnTioi. . , , ►_icnTioN . ! f'nGc 3 0( 4
~ PnRT II
'ffiis section of lhe anplication will provicle t1ie Division of BLiilcliiig ancl Planning staff wit1) wrilten
verificalion lha( [lie anplicanl has hacl preliminary constillalion wi(h [lie agencies idenlified.
Restills of [lie nreliminary consullalion shall be incornoratecl in [lie proposc-il before final submi(lal
lo llie Division.
1=1Rr. M/1RSHAI.L/rIRF DISTRICY
A. This proposal Is wi(Iiin Firo Prolection District No. it
~ B. ndequate arrangements (have) (fiave not) been made to meet our needs in providfng for an
adeqLiate water system and facilfties for f(re proteclion purposes.
C. Recommended (Ire flow C,ch 1< ; or unable to calculate now because tise is not
cfefinitive;-and will be cietermined at lime of bLillcllng permlt anp1lcalion.
D. Requiremenls Includo
k U c ~ ~ . ~ ~ ~~~►-s~~, J- 7' ~
~x q~ ~t
f=ire Distrit11 ic~nattire/Tille Dale
1 1N A.7.l: fi_ P t [LY: `~Ln. Ci ~~w ~ l~G~~~ ~ ~ ~ ~~~ti ~,L~r►w `~c-'L~' ~ ~~i
7 *1
A. Satistactory arrangements for domestic water anc tiro flow renulremenls((tinve (l)-ave not)
been made. • / ,
D. f:equiremenlsJcomments
4,
Waler Dislrict Sic~n~tur /1"i(le Dale
_ I ir~r_v_C'Ng ir-.R
n nrelimina (scuss(on has tal<en place and general renuiremenls for roacfs and drainage have
l)een cliscussed !ie applicant.
A. Comments
. .
Signalure/''ille Uale
(~~Tt7Y l 1711 171 F S ~ -
A nreliminary clfsc n h~s t~lcen ~lace ~icf c~eneral renulrements tor sul)mitl~l of ll~ls proposil
(Iinve) (I~ave nol) been ied. l'he desi~ilatecl waler J)tirveyor for 1his slle Is
A. Comments
S+gnakurelTille
~
1-1 ni.T1-I QlSTRir~.T
~
n prellntinary dlsctisslon lias lal<en place and general requlrements for submlttal ot tlils proposal
(have) (Iiave not) been salistied.
, A. Comments ~irG ~i~ u 17 ~ ~
IT~ l ~1T2 a- ~
'c~i1MurE:/7'itlo a
Srwrn Pon_vrvori
u'
n nreliminarY cliscLission lias lalcen PIace and oeneral reC1uiremenls for [lie provision of Public
PO sewer are unders(oocf hy Ihe a~~plicanL
~ ~Q1K L+C.~ ~U 1 V ~U~`~ t ~ ~~U clL. ~ T ~s
A. Coinments PLAN_$ Fbr
, !.L n L~+ ?0 6'~ Pu r c~
Signa(urelT(lle ~ ncile
~
!
, ' • ` '
• , ZONr:*: RECLASSIFICATIOI.. '%I'NLlC11T10N ~ f'AGf 4 of 4
' l,~~~ f ~ A• ~j'y <1
; ¢ o ~
' P/1RT III c
-A
Sl1fZVCYnf2 VFRIFICATION a
~
,
+ ~,n 34150
(he undersigned, a licensed land surveyor, have completed the informalion reques~ f~ lsr~
zoning man ancl wrilten lec~al description % s~L ~,~•1 ~
J
,
Date EXPIRES: 1/4/ p~
Signed
4y
Aclc)ress 3Z)D 9 S•M4 vet2N 014 S~ r3Plione S- 35 C"1
spoV-A?-L C State _)~4 A Zip
Cily
Pl1RT IV
SIGNA'Zl1R( Or PRnPCRYY OWNE-RS OR L('-.,--,p Or Al_I1LlQjt1?.(ll1QN
1, the underslgned, swear or atttrm under penalty of perjury lliat ltiie above responses are m-cide
trulhfully and to the best of my knowiedge.
1 further swear or afilrm Iliat I em the owner of record of the aree proposeci for the prevloLtaly
icienlifled land use acllon, or, It not the owner, attached 4ierewitli is wrlltan permission from the
owner BuUlorizing my actions on lilslher behalf,
Signed Date
Aclciress East 6222 Desmet Avenue Phone ( 509 ) 534-8086
City Spokane State wA Z{p 9 9 2 0 2
SignatLire o-cippiicant or representative Date `
Slale of Wasliington )
) ss:
Counly of Spokane
Signecl and sworn or a(ftrmecl before me on lhis 'q day af Ebnjn vmb
hY 1114,.l~f~. htw,,
~ ?Zmlyt'appoilntment Notary Seal jn ~i~ci (9r the State of Wasfiinc~kon resiciing
.
expfres
.
PAst7 V
7o nc Cor.1PLETED DY 71-IE DtVIS10N OF C3UILDlNG ANO PLANNING
Date submilted File number
Date accepted E3y
Total fees f2ecelpt number
1•III 11\Ifllt AI•1'l Kl1 / YI
.
` . ,
i ^ (SPOKANE ENVIRON1d1ENTAL ORDL.. 2NCE
'Q
(WAC 197-911-960) SecUon 11. 10.230(1) Q~~C`C
ti
P:irpose of Checklist: C'C~ ~ ~(J
910~
The State Environmental Policy Act (SEPA) chapter 43.21C RCW requires all ~ ~4gencies tt,
consider the environmental unpacts of a proposal before making decisions. An nmental Impact
Statement (EIS) must be prepared for a11 proposals with probable significant adverse impacts~o44he quality of
the environment. The purpose of this checklist is to provide inforniatioo to help you and the agAEj identify
impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help
the agency decide whether an EIS is required.
Instructions for Applicant:
This environmeotal checklist asks you to describe some basic informatioa about your proposal. Governmental
agencies use tlus checklist to determine whether the environmental impacts of your proposal are significant,
requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or
give the best description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you
should be able to answer the questions from your own observations or project plans without the need to hire
esperts. If you really do not Irnow the answer, or if a questions does not apply to your proposal, write "do not
know" or "Does not apply." Complete answers to the questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designa.tion.
Answer these questions if you can. If you have problems the governmental agencies can assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or
on different parcels of land. Attach any additional information that will describe your proposal or its
environmental effects. The agency to which you submit this checklist may ask you to eYplain your answers or
provide additional infonmation reasonably related to determining if there may be significant adverse impact.
Use of checklist for nonproject proposals:
Complete this checklist for nonproject proposals, even though questioos may be answered "does not apply." IN
ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (Part D).
For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or
site" should be read as "proposal," "proposer," and "affected geographic area," respectively.
99003 Huber Rezone 1 February 2000
, . . . ,
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` SEPA RULES '
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A. BACKGROUND
1. Name of proposed project, if applicable:
Rezone of Property on Broa.dway Avenue
2. Name of applicant:
Mark Huber
3. Address and phone number of applicant or contact person:
E. 6222 Desmet Avenue., Spokane, WA 99212. (509) 534-8461
4. Date checklist prepared:
January/ February 2000.
5. Agency requesting checklist:
Spokane County Division of Planning
6. Proposed timing or schedule (including phasing, if applicable):
Construction will begin in the spring of 2000. The site will be occupied as soon as possible. The
applicant will be moving an existing trailer sales business that is zoned I-2 and is currently located at
13426 East Indiana Avenue, west of the Spokane Valley Mall.
7. a. Do you have any plans for future additions, eYpansions, or further activity related to or connected
with this proposal? If yes, explain.
No.
b. Do you own or have options on land nearby or adjacent to this proposal? If yes, explain.
No.
8. List any environmental information you know about that has been prepared, or will be prepared, directly
related to this proposal.
I laiow of no other environmental information that has or will be prepared that is directlv related to
this project.
9. Do you lanow whether applications are pending for governmental approvals of other proposals directlv
affecting the property covered by your proposal? If yes, explain.
99003 Huber Rezone 2 February 2000
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No.
10. List any government approvals or permits that will be needed for your proposal, if known
Government approvals: Fire MarshalUFire District #l, Consolidated Irrigation Dist. # 19 provides water at the site, Spokane Regional Health District, Spokane County Utilities for sewer, and Spokane County
Engieers for drainage and road access.
11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project
and site. There are several questions later in this checklist that ask you to describe certain aspects of your
proposal. You do not need to repeat those answers on this page.
The proposal is for trailer sales on a 2%z acre parcel, located on Barker and Alki Roads Types of trailers
that would be sold include: horse trailers, cargo trailers, trailers for snowmobiles, car haulers, flat bed
trailers, gooseneck trailers and flat trailers.
There is an existing shop building (40 x 60 ft.) on the site now, that will be upgraded and used for the
sales office. There will be two salespeople on site daily. About 50 to 100 trailers will be displayed on site. I
On a typical day, no more than 10 customers pull in and look at trailers. The existing trailer sales
business has an average of about two sales per day. When sold, the trailers are picked up by car or truck.
12. Location of the proposal. Give sufficient information for a person to understand the precise location of
your proposed project, includi.ng a street address, if any, and section, township and range, if lalown. If a
proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal
description, site plan, vicinity map, and topographic map, if reasonably available. While you should
submit any plans required by the agency, you are not required to duplicate maps or detailed plans
submitted with any permit application related to this checklist.
Generally located between Broadway Avenue and Alki Avenue approximately 300' west of the
intersection of Barker and Broadway in the vicinity of Interstate Highway 90 and Barker Road
interchange in Section 18, Township 25 North, Range 45 E.W.M., Spokane County, Washington.
CORBIN ADD TO GREENACRES, LT 1 BLK 9 LYG SELY OF COLINTY R.D (see attached).
13. Dces the proposed action lie within the Aquifer Sensitive Area (ASA)? The General Sewer Service Area
(GSSA)? The Priority Sewer Service Area (PSSA)? The City of Spokane? (See: Spokane County's ASA
Overlay Zone Atlas for boundaries).
ASA - Yes, PSSA - Yes, but not within 15 year sewer boundary, City of Spokane - No, IUGA - Yes
99003 Huber Rezone 3 February 2000
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WAC 197-11-960 Envirvnmental Checklist
TU BE C[)1ViPLETED BY APPLICANT
B. ENVIRUNMENTt4.L ELE1ViENTS Evaluatian For
Agency Use C}nly ,
1. EARTH
a. General description of the site (circle vne): flat, rrolling, hilly, steep slopes,
mounta..inQUS, ather:
Flat.
b. What is the steepest slope an the site (approximate percent sitipe)?
Generally flat.
C. What general types of svils are found on the site (for example, clay, sand,
gravel, peat, muck)? If yau knaw the classification of agricultvra.l svils,
specify them and note any pnme farmland..
Soils are the most commQn type found in the Spokane Valley. Garrison -
Marble Springdale assvciation. Garrison Gravelly Loam, somewhat
excessiuely drained and excessively dxained sandy and gravelly soils.
d. Are there surface indications vr history of unstable soils in the immediate
vicinity? If so, descnhe, .
No.
e. Describe the purpose, type, and appraximate quantities of any filling or
grading proposed. Indicate svurce of fill.
No fill lvvill be required and grading wi.il be minimal for #he parking area.
Access to parking areas will be paved. Trailer display area wi1l be an a
gravel area.
f. Could erosion occur as a result of cleanng, construction, or use? if so,
generally describe.
No.
g. Abvut what percent of the site will be covered with impervious surfaces
after project constructian (fvr exaxnple, asphalt or buildings)?
99003 Huber Rezone 4 February 2000
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WAC 197-11-960 Environmental Checklist
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Less than 20 percent of the site will be impervious with building and
paved surface. The balance of the site will be in landscaped plantintT 'r,~2d>
and the gravel trailer display area.
h. Proposed mezsures to reduce or c,:i,tro1 cr c,rl«: in1;,.lcrs to
ezrtl~_ if ~?r~~:
2. AIR
a. What type of emissions to the air %vould result from the proposal (i.C .
dust, automobile, odors, industrial, wood smoke) during constructicr! .I".'.;
when the project is completed? If any, generally describe and giv.-
approximate quantities if lnown.
Minor dust experienced during initial site preparation.
b. Are there any off-site sources of emissions or odor that may affect your
proposal? If so, generally describe.
No.
c. Proposed mea.sures to reduce or control emissions or other impacts to air,
if any:
Watering of on site soils to control dust emissions will occur as necessary
during construction. Construction and vehicular emissions are regulated
to reduce impacts.
3. WATER
a. Surface:
(1) Is there any surface water body on or in the immediate vicinity of the
site including year-round and seasonal streams, saltwater, lakes,
ponds, wetlands? If yes, describe type and provide names. If
appropriate, state what stream or river it flows into.
No.
(2) Will the project require any work over, in, or adjacent to (within 2V
feet) the described waters? If yes, please describe and attach
available plans.
No.
99003 Huber Rezone 5 Febrraary 2000
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WAC 197-11-960 Environmental Checklist
(3) Estimaie the amount of fill and dredge material that would be placed
in or removed from the surface water or wetlands and indicate the
area of the site that would be affected. Indicate tbe source of fill
material.
None.
(4) Will the proposal require surface water withdrawals or diversions?
No.
(5) Does the proposal lie within a 100-year flood plain? If so, note the
location on the site plan.
No.
(6) Does the proposal involve any d.ischarges of waste materials to
surface waters? If so, describe the type of waste and anticipaied
volume of discharge.
No.
b. Ground:
(1) Will groundwater be withdrawn, or will water be discharged to
groundwater? Give general description, purpose, aod approximate
quantities, if lrnown.
No. Water will be provided by Consolidated Imgation District # 19.
(2) Describe waste material that will be d.ischarged into the ground from
septic tanks or other sanitary waste treatrnent facility. Describe the
general size of the system, the number of houses to be served (if
applicable), or the number of persons the system(s) is expected to
serve.
None. Public sewer will be extended to the site by the developer.
(3) Describe any systems, other than those designed for the disposal of
sanitary waste, installed for the purpose of discharging fluids below
the ground surface (including systems such as those of the disposal
of storm water or drainage from floor drains). Describe the type of
system, the amount of material to be disposed of through the system,
and the types of materials likely to be disposed of (including
materials which may enter the system inadvertently through spills or
as a result of fire fighting activities).
99003 Htiber Rezone 6 February 2000
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Water will be discharged to groundwater thuough the stormwater
collection/disposal system. Stormwater will be directed into grassy
"208" swales adjacent to the parking lot area, where it will infiltrate
into the ground and percolate through the subsurface materials.
Drywells may be used to facilitate stormwater disposal within the
infiltration swales. The stormwater control facilities will be designed
and constructed in accordance with the County's "208" drainage
requirements and the Guidelines for Stormwater Manazement.
Run-off from developed areas picks up various coataminants as it
passes over paved surfaces, rooftops, and landscaped areas.
Contaminants sources and types may include:
• Vehicles - lubricants, hydraulic fluids, coolants, rubber from
tires, dirt camed on undercamages and fenders, wearing vehicle
components, fuel residue, particulate exhaust emissions, brake
and clutch lining materials
• Paving surface material - asphalt and its decomposition products,
Portland cement, aggregates, road marking paint, expansion joint
compounds, and crack fillers
• Atmospheric fallout - deposited airborne materials
• Run-off from adjacent area - silt leaves, grass clippings, soil
stabilizers, growth control compounds
~ Litter - tobacco and numerous other items
• Spills - oil spills, gasoline spills, chemical spills, etc.
• Ice control compounds - salts and add.itives
• Fertilizers, herbicides, and pesticides.
The trailer sales area will have a gravel surface. Trailers stored in
this area will not have motors or present a potential source of
contamination.
(4) Will any chemicals (especially organic solvents or petroleum
fuels) be stored in aboveground or underground storage tanks? If so,
what types and quantities of materials will be stored?
No
(5) What protective measures will be taken to insure that leaks or spills
of any chemicals stored or used on site will not be allowed to
percolate to groundwater (this includes measures to keep chemicals
out of disposal systems described in 3b(2) and 3b(3)?
N/A
99003 Huber Rezone 7 February 2000
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WAC 197-11-960 Environmental Checklist
c. Water Run-off (including storm water):
(1) Describe the source of run-off (including storm water) and method of
collection and disposal if any (include quantities, if lalown). Where
will this water flow? Will this water flow into other waiers? If so,
describe.
Roof and parking lot run-off and surface water will flow to grassy
swales (see 3.b.(3)above).
(2) Will any chemicals be stored, handled or used on the site in a
location where a spill or leak will drain to surface or groundwater or
to a storm water disposal system discharging to surface or
groundwater?
No.
(3) Could waste materials enter ground or surface waters? If so,
generally describe.
No.
d. Proposed measures to reduce or control surface, ground, and run-off waier
impacts, if any (if the proposed action lies within the Aguifer Sensitive
Area be especially clear on explanations relating to facilities concerning
Sections 3B(4), 3B(5), and 3c(2) of this checklist):
Measures to control impacts include connection to sewer and compliance
with the County's Guidelines for Stormwater ManaQement concerning
collection/disposal of stormwater run-off. Roof and parking lot run-off
and surface water will flow to grassy swales (see 3.b(3) above).
4. PLANTS
a. Check or circle type of vegetation found on the site:
X deciduous tree: alder, maple, aspen, other. Maple & Black Locust
evergreen tree: fir, cedar, pine, ottier.
X shrubs
X grass
pasture
crop or grain
wet soil plants: cattail, buttercup, bulrush, skunk
cabbage, other.
water plants: water lily, eelgrass, milfoil, other.
other types of vegetation.
99003 Huher Rezone 8 February 2000
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b. What kind and amount of vegetation will be removed or altered''
Existing trees will be retained on site as much as possible
c. List threatened or endangered species lolown to be on or near the site.
None.
d. Proposed landscaping, use of native plants, or other measures to preserve
or enhance vegetation on the site, if any:
Landscaping along street frontage on the north and south of the propert,l
will require a TYPE III: SEE-THROUGH BUFFER. Landscaping to th.
east and west will require a TYPE I: SCREEN since it is adjacent to
existing residential zoned properties. (Section 14.806.040)
5. ANIMALS
a. Circle any birds and animals which have been observed on or near the site
or are lrnown to be on or near the site: birds: hawk, heron, eagle,
songbirds, other: mainmals: deer, bear, elk, beaver, other: fish: bass,
salmon, trout, herring, shellfish, other:
Songbirds
b. List a.ny threatened or endangered species lmown to be on or near the site
None..
c. Is the site part of a migration route? If so, explain.
No.
d. Proposed measures to preserve or enhance wildlife, if any:
None.
6. ENERGY AND NATURAL RESOURCE
a. What kinds of energy (electric, natural gas, wood stove, solar) will be
used to meet the completed project's energy needs? Describe whether it
will be used for heating, manufacturing, etc.
Electrical for power and light is provided to the site by Avista.
99003 Huber Rezone 9 February 2000
SEPA RULES WAC 197-11-960 Environmental Checklist
b. Would your project affect the potential use of solar energy by adjaceot
properties? If so, generally describe.
No.
c. What kinds of energy conservation features are included in the plans of
this proposal? List other proposed measures to reduce or control energy
impacts, if any:
None.
7. ENVIRONMENTAL HEALTH
a. Are there any environmental health hazards, including exposure to toxic
chemicals, risk of fire and explosion, spill, or hazardous waste, that could
occur as a result of this proposal? If so, describe.
No.
(1) Describe special emergency services thai might be required.
There is no anticipated need for special emergency services outside of
the normal emergency services that might be required such as police,
fire and ambulance.
(2) Proposed measures to reduce or control environmental health
hazards, if any:
N/A
b. Noise:
(1) What types of noise exist in the area which may affect your project
(for example: traffic, equipment, operation, other)?
None
(2) What types and levels of noise would be created by or associated
with the project on a short-term or a long-term basis (for example:
traffic, construction, operation, other)? Indicate what hours noise
would come from the site.
Traffic noise will be mitigated by the business hours which are:
Monday through Frida.y between 9:00 a.m. and 5:00 p.m. , Saturday
from 10:00 a.m. to 2:00 p.m., and the business is closed on Sunday.
99003 Huber Rezone 10 February 2000
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Construction and operational noises will occur as a result of the
proposed project. Noise will be generated that is short term in nature
during constructioo activities such as grading, paving, sewer line
installation, improvements to the existing building, fence building,
and la.ndscaping. Construction will result from road, parking, and
utility development site preparation. Earth moving equipment which
includes compactors, backhces, tractors, scrapers, graders, pavers,
and truck generate noise ranging from 72 to 96 dbA (observed from a
distance of 50 feet). No increase in noise levels over existinc,
conditioos is expected once construction is completed and the trailer
sales lot is under nornnal operation.
Pr(1roCcd I?'C~si1r0S t0 r.dl1C;' or COTItfo1 1?ol~t;
culiStiuctiutl acti'~ vtiill ,Dc 1-L-`ti tL.ic:~ tU
a.m. and 6:00 p.m. to reduce impacts on surrounding residences.
Compliance with appropriate health, building, fire and safety codes
and ordinances will minimize the potential for health hazards to site
workers, employees, visitors, and the public.
8. LAND AND SHORELINE USE
a. What is the current use of the site and adjacent properties?
The 2'/Z acre site is currently vacant. North directly across Broadway is
the Guerdon Village Manufactured Homes business. To the east, west,
and south of the property are scattered residential uses on parcels
generally ranging from %z acre to 3 acres in size. Several business uses
are located nearby along Barker Road, Appleway Avenue, and adjacent to
the I-90Barker Road interchange.
b. Has the site been used for agriculture? If so, describe.
Historically in the 1950s this site was used for agricultural purposes.
property directly ar_~<ic~:i:t to th~ ~,ticst i~ currcntl.ti «sc:i fnr hor~zc boarclM
c. Describe any structures on the sjte.
There is an exisitng 60 ft. by 40 ft. building on the sitz Nvtvch was uscc:
for an office and garage. The total building zrea is 2. 404 sq. ft, devot;~(i
r
~tllCj 16(, jii. ft. for 0, iCc.
,
d. Wil! ;zm~tru~:;~_ir~• ~cnioi '~O, V,oiicll'.
yJUU.i Huber Rezone Il l'er)r•uary' fuoii
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e. What is the current zoning classification of the site?
Urban residential UR 3.5, is the current site zoaing. The site was
previously zoned I-2 in July 1990 and used for a trucking operation. This
use was abandoned and the zoning was subsequently reversed to UR 3.5 in
August 1992.
f. What is the current comprehensive plan designation of the site?
The current comprehensive plan category is URBAN. The URBAN
category of the Comprehensive Plan makes provisions for mox-e intensive
land uses such as Light Industrial and Neighborhood Comrnercial. Light
industrial should be located near heavily traveled streets. Both Broadway
Avenue and Barker Road are designated as arterial streets with direct
access to Interstate 90.
g. If applicable, what is the current shoreline master program designation of
the site?
N/A
h. Has any part of the site been classified as an "environmentally sensitive"
area? If so, specify.
No.
i. Approximately how many people would reside or work in the completed
project?
Approximately two employees would be working at the site.
j. Appro.Yimately how many people would the completed project displace?
None.
k. Proposed measure to avoid or reduce displacement impacts, if any:
N/A
l. Proposed measures to ensure the proposal is compatible Nti-ith emsting and
projected land uses and plans, if any:
Access will be limited to Broadway Avenue and will not be allowed from
Alki Avenue. Hours of operation will be weekdavs, limited on Saturday,
99003 Huber Re:.one 12 Februnry ?000
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'WAC 1 y7-1 1-96U Environmental Checklist
and closed on Sunday. 1he nature of the business dces not generate much
traffic and will not involve large heavy trucks.
Additional landscaping will be added along the perimeter of the site in
accordance with the County requirements for landscaping which provide
for a Type I landscape screen to buffer the east and west areas that are
adjacent to residential zones. The entire site will be fenced with a 6 foot
chain li.nk fence.
The general area has been undergoing a transition to include more urban
business and industrial type uses. As sewer is brought into the area the
transition should continue due to the convenient location and inchision of
this area within the UGA.
9. HOUSING
a. Approximately how many units would be provided, if any? Indicate
whether high-, middle-, or low- income housi.ng.
None.
b. ApproYimately how many units, if any, would be eliminated? Indicate
whether high-, middle-, or low-income housing.
None.
c. Proposed measures to reduce or control housing impacts, if any:
N/A ~
10. AESTHETICS
a. What is the tallest height of any proposed structure(s), not including
antennas? What is the principal exterior building material(s) proposed?
The existing structure is approximately 20 feet high. No additional
buiIdings are proposed.
b. What views in the immediate vicinity would be altered or obstructed?
None.
c. Proposed measures to reduce or control aesthetic impacts, if any:
Additional landscaping will be added along the perimeter of the site in
aceordaace with the County requirements for landscaping which provide
99003 Huber Rezone 13 February 2000
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for a Type I landscape screen to buffer the east and west areas that are
adjacent to residential zones. The entire site will be fenced with a 6 foot
chain link fence.
11. LIGHT AND GLARE
a. What type of light or glare will the proposal produce? What time of day
would it mainly occur?
Outside security lighting will be used to provide light at night.
b. Could light or glare from the finished project be a safety hazard or
interfere with views?
No.
c. What existing off-site sources of light or glare may affect your proposal?
None.
d. Proposed measures to reduce or control light and glare impacts, if any:
Placement of outdoor security lighting will be given particular attention to
avoid any light and glare intrusions on adjacent residences.
12. RECREATION
a. What designated and informal recreational opportunities are in the
immediate vicinity?
The following recreational opportunities are with in about a two mile
radius of the site: Valley View Hills Golf Course, Lincoln Park, Sullivan
Park and Western SQ. Dance Center and the Spokane River.
b. Would the proposed project displace any existing recreational uses? If so,
describe.
No.
c. Proposed measures to reduce or control impacts on recreation, including
recreational opportunities to be provided by the project or applicant, if
anv:
None.
99003 Huber Rezone 14 Februarv 2000
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WAC 197-11-960 Environmental Checklist
13. HISTORICA►L AND +CULTURAL PRESERVA"TI()N
a, Are there any places or objects lisW an or praposed far nativnal, state, or
Iocal preservatian registers known to be on or next to the site? If so,
g;enerally describe.
No.
b. Generally describe any Iandmarks or evidence vf historic archaeological,
scientific, or cultural importance knawn to be on or next to the site.
Nane known.
c. Proposed measures to reduce or control impacts, if any:
None.
14. TRANSP4RTATION
a. Identify public streets and highways serving the site and describe proposed
aecess to the existiniz street system. Show on site plans, if any.
The property is generally located between Braadway Avenue and Alki
Avenue apprvximiately 300 ft. west vf the intersection of Barker and
Braadway in the vicinity vf Interstate Highway 90 and Barker Road
interchange. Access to and frorn the property will be on Broadway
Avenue.
b. Is site currently served by public transit? If not, ,vhat is the approximate
distance to the nearest transit stop"?
Yes, STA provides sezvice at Broadway Avenue and I3arker Road.
c. Haw many parking spaces woutd the completed praject have? How many I
would the project eliminate?
The existing trailer sales business lo+cated on Indiana Arrenue currently has
8 spaces in the I-2 zone. This business wilI be moving to the propased site
and since the Spokane County Zvning C)rdinance does not list a similar
type of land use, we assume at the minimum the same number of spaces
wiTl work at the propased site. The site plan shaws 8 spaces along the
west side of the site and 4 spaces along the Brvadway Avenue side.
99003 Huher Re:one 15 Februcrry 2000
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d. Will the proposal require any new roads, or streets, or improvements to
existing roads or streets not including driveways? If so, generally describe
(indicate whether public or private).
No. There is an existiung driveway cut where the access to the site is
proposed onto Broadway Avenue.
e. Will the project use (or occur in the immediate vicinity o fl water, rail, or
air transportation? If so, generally describe.
No.
f. How many vehicular trips per day would be generated by the completed
project? If laiown, indicate when peak would occur.
Approximately 12 to 24 vehicular trips per day when the project is
operational. Two employees will come to the site daily and a maximum of
about 10 shoppers will visit the site daily. There are no peak trips
generated since the visits to the site occur throughout the day during
normal hours of operation.
g. Proposed measures to reduce or control transportation impacts, if a.ny:
Access to the site is limited to Broadway Avenue.
15. PUBLIC SERVICES
a. Would the project result in an increased need for public services (for
example: fire protection, police protection, health care, schools, other)? If
so, generally describe.
No.
, b. Proposed measures to reduce or control direct impacts on public services
None.
16. UTILITIES
a. Circle utilities cucrently available at the site: electricity, natural gas,
water, refuse service, telephone, sanitary sewer, septic system, other.
X electricity,
X natural gas
X water
X refuse service
99003 Huber Rezone 16 February 2000
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sewer
other
b. Describe the utilities that are proposed for the projeci, the utility providing
the service and the general construction activities on the site or in the
immediate vicinity which might be needed.
Water service will be provided by the Consolidated Irrigation District # 19
for domestic, imgation and fire needs. Avista will provide gas and
electricity and U S WEST will be used for local phone service. Waste
Management will provide refuse collection.
Since the project is outside of the 15 year sewer service area it will be
connected directly to the sewer by developer extension of sewer. The
nearest sewer is located at Appleway and Barker and will require
developer and Spokaae County Utilities coordination and approval of a
route for sewer extension. If a pump station is required it will be private.
99003 Huber Rezone 17 February 2000
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C. SIGNATURE
I, the undersigned, swear under the penalty of perjury that the above responses are made truthfully and to the
best of my lrnowledge. I also understand that, should there be any willful misrepresentatian or willful lack of
full disclosure on my part, ihe aQencv_ may withdraw any determination of nonsignificance that it might issue in
reliance upon this checklist.
Date: Proponent Mark Huber
~ (Please Print of Type)
Proponent: i Address E. 6222 Desmet
Phone: (509) 5 4- 8461 SDokane. WA 992156
Person completing form: Cathv Ramrr►, Ramm Elssociates, Inc Date: Februarv 4. 2000
Phone: (509) 534-8086
FOR STAFF USE ONLY
Staff member(s) reviewing checklist:
Based on this staff review of the environmental checklist and other pertinent information, the staff:
A. Concludes that there are no probable significant adverse impacis and recommends a detennination
of nonsignificance.
B. Concludes that probable significant adverse environmental impacts do exist for the current
proposal and recommends a mitigated determination of nonsignificance with conditions.
C. Concludes that there are probable significant adverse environment impacts and recommends
a determination of significance.
FILING FEE - $75.-00
99003 Huber Rezone 18 Februarv 2000
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SPOKANE COI:TNTY DIVISION OF BUIIMING AND CODE ENFORCEMEN'I' ~
1026 WEST BROADWAY AVENUE • SPOKANE, WA 99260-0050
` (509) 477-3675
~ STI'E INFORMATION PROJECI' INFORMATION ~ . .
Site Addtess: 0 E ADDRESS iJNKNOWN UNK Project Number: 00000515 Inv: 2 Issne Date:
SPOKANE, WA 00000 Permit Use: Pre conference ,
PArcel Number. 55184.0912 Applicant: Ramm & Associates. `
Snbdivision: CORBIN ADD TO GREENACRES Phone: (509) 534-8086 ?
Zoning: UR-3 Urban Residentia13.5 Address: 25 S. Altamont
SPOKANE, WA. 99202 ✓
Owner: Ramm & Associates
Address: 25 S. Altamont Contact: Phone:
Spokane, WA 99202
Inspector: LEONARD FLiTNO
Wnter Dist: UNKNOWN Setbacks - Front: Left: Right: Rear:
C PERMIT(S) )
Zone Chan,ee Contr.+ctor: License
ENGINEERSREVIEW $200.00 ENVIRONMENTALREVIEW $75.00
REZONE TO I-1, I-2, I-3 3 52,400.00 U'ITLIIZES REVIEW $100.00
Total Permit Fee: $2,775.00
~ PAYMF.NT SUbiMARY Paue l of 1 NOTES ~
PERMIT By: Wanda Clak
Tran Date Receipt # Pavment Atnt
02110/2000 851 $2,775.00
Total Fees AmountPaid AmountOwins;
$2,775.00 $2,775.00 $0.00
. _ . . r ~ .
• •.1
Spokane County
Public Works Department
Divison of Building & Planning
Receipt
Receipt Number: 851 Customer Number
Projects
Full
Project Nbr Inv Nbr Fee Anrt Inv Amt Owing PAID Pmt
00000515 2 $2,775.00 $2,775.00 $2,775.00 $2,775.00 ~
Total: $2,775.00 $2,775.00 $2,775.00 $2,775.00
Miscellaneous Items
Total PAID: $2,775.00
Tender
~e Check Acct BQlance CCNbr E_px Date TENDERED
Check1 06688 2,775.00
Total TENDERED: 2,775.00
Over / (Short) $0. 00
- Change $0.00
Notes:
Tran Date / Time: 02/10/2000 3:10:27 PM
By: FHintz
Logon User: gwendel
Station: GWENDEL
Override By:
Printed: 0211012000 3:10:57 PM Page 1 oj 1
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S P O K A N E O U N T 1'
OFFICE OF THE HEARING EXAMINER MICHAEL C. DEMPSEY, CHIEF EXAMINER
June 23, 2000
Cathy Ramm, President
Ramm Associates Inc.
25 South Altamont
Spokane, WA 99202
RE: File . ZE-5-00; er rezone, request for reconsideration
Dear Ms. Ramm:
I am in receipt of your letter dated June 22, 2000 requesting reconsideration or
clarification of my decision dated June 12, 2000 in the above matter. I received your
letter on June 23, 2000.
There is no ambiguity in my decision regarding the south 120 feet of the subject property.
County Planning, condition #4 requires the project to be developed in accordance with the
site plan of record, subject to conditions of approval and compliance with applicable
development regulations. This italicized language in County Planning condition # 11
precludes use of the south 120 feet of the site, and accordingly limits County Planning
condition #4 (as well as the other County Planning conditions).
I don't have a problem with eliminating the landscaping required along the east and west
perimeters of the south 120 feet of the site, provided a sight-obscuring fence meeting the
requirements of Zoning Code 14.632.355 are installed along the north boundary of the
south 1.20 feet, and the landscaping along the east property line is increased to 20 feet of
Type I landscaping. Such fencing would accompany the other fencing already required
along the east and west site boundaries, around the display area which would be located
north of the south 120 feet of the site.
The 5-feet of Type III landscaping required adjacent to Alki Avenue is still needed, but
such landscaping could be placed either along the south boundary of the site, or adj acent
to the fence required along the north boundary of the south 120 feet of the site, as
determined administratively by County Planning staff.
This was a marginal rezone request, and the applicant barely camed his burden of proof
with the conditions imposed by the Hearing Examiner. I found the 1990 rezone of the
site to the I-2 zone for an agricultural trucking operation, which was later nullified when
such use was abandoned and the conditions of approval not met, to be a very questionable
land use decision.
THIRD FLOOR I'liBLIC 4VORK5 BUILDING
1026 W FST E3R0:1DWAY AVENUE, SPOKANE, WASHINCTON 99260-0245
PHOtvE: (509) 477-7490 • FA,Y: (509) 477-7478 • TDD: (509) 477-7133
ZE-5-00
Request for Reconsideration
June 23, 2000
Page 2
As long as there are homes located adj acent to the south 120 feet of the site, on parcels
zoned UR-3.5 in the Urban category of the Comprehensive Plan, industrial uses should
not be developed on the south 120 feet of the site. If circumstances change, then a change
of conditions may become appropriate. A rezone of such area of the site for a use more
compatible with the nearby residences is also a possibility.
My June 12, 2000 decision in the above matter is hereby reconsidered and amended to
allow the applicant, at his option, to not landscape the east and west boundaries of the
south 120 feet of the site as required in the decision, provided (1) the landscaping
required along the remainder of the east property line is increased to 20 feet of Type I
landscaping, (2) a sight-obscuring fence meeting Zoning Code 14.632.355 is installed
along the north boundary of the south 120 feet of the site, and (3) 5 feet of Type III
landscaping are installed along the south boundary of the site or adjacent to the fence
required along the north boundary of the south 120 feet of the site, as determined
administratively by County Planning staff.
The deadline for appeal of this decision to the Board of Counfiy Commissioners is herebv
extended to June 28, 2000.
Sincerely,
0 el- _ ~
,
Michael C. Dempsey
Hearing Examiner
Enclosure
c. Mark Huber, 6222 East Desmet Avenue, Spokane, WA 99212
Parties of record
Tammy Jones, Division of Planning
Scott Engelhard, Division of Engineering
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June 221 2000 R-Ar-MM
s50 _ - 'E S c
Mr. Michael C. Dempsey, Hearing Examiner
1026 W. Broadway Ave.
Spokane, WA 99260-0245
Re: Zone Reclassification from UR 3.5 to I-2 for Mark Huber (ZE-5-00)
Dear Mr. Dempsey:
On behalf of Mark Huber, I am requesting clarification or reconsideration of the modified
conditions set forth in your approval of the above referenced zone reclassification. Was
the intent of the modified conditions was really to preclude use of the south 120 feet of
the site? Condition 11 would preclude any use of the south 120 feet of the site, yet
Condition 4 states the site shall be developed according to the site plan of record. The
revised site plan of record indicated the south 120 feet of the site would be for a future
expansion area. The intent of the revised site plan was to contain costs by not paving that
area for trailer sales display until it was ready to be used. The landscaping around the
perimeters of the south 120 feet was proposed in anticipation of being able to use that
area of the site. Condition 12 requires landscape buffering of the south 120 feet of the
site, which would not be necessary if the area cannot be used.
There is no objection to the landscaping or fencing which will provide a very adequate
buffer for the proposed use of the south area of the site if it can be used at a future date.
We sincerely hope that the intent of the modified conditions was not to preclude future
use of the south 120 feet of the site.
It is my understanding that this request stays the remaining appeal period until we receive
a response from you. For your information, I will be out of the country beginning June
29`h, but I will be back in the office on July 10`h. Thank you for your further
consideration of this matter.
Sincerely,
Ramm Associates, Inc.
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Cathy H. Ramm
President
c. Mark Huber, 6222 E. Desmet Avenue, Spokane, WA 99212
PLANNIiVG AND LANDSCAPE ARCHITECTURAL SERVICES
South `_'-i .41tamont • Spokane. 'washin-gton 99202
;i)y!~ :~-~(l~;h • F~~~~i i09/i '14-8I ~9 • E-.%IAIL: r.iilimC ramm.i•>uci.uesxun,