ZE-02-01
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SPOKANE COUNTY HEARING EXAMINER
RE: Zone Reclassification from the ) FINDINGS OF FACT,
Community Business (B-2) and ) CONCLUSIONS OF LAW,
Regional Business (B-3) Zones to ) AND DECISION
the Regional Business (B-3) Zone; )
Applicant: Dave and Wanda Jeffries )
File No. ZE-2-01 )
1. S Y OF PROPOSAL AND DECISION
Proposal: Application for a zone reclassification from the Community Business (B-2) and
Regional Business (B-3) zones to the B-3 zone, on approximately .77 acres, for an automotive
repair facility and those uses allowed in the B-3 zone.
Decision: Approval, subject to conditions.
The Hearing Examiner has reviewed the zone reclassification application and the
evidence of record, and hereby adopts the following findings of fact and conclusions of law:
H. BACKGROUND/FINDINGS OF FACT
A. GeneralInformation:
ApplicantlSite Owner: Dave and Wanda Jeffries, 525 South Cavalier Court, Greenacres,
WA 99016
Site Address: 16911 East Sprague Avenue, Spokane, WA
Location: Generally located north of and adjacent to Sprague Avenue, approximately 400
feet west of Flora Road, in the SE 1/4 of Section 13, Township 25 North, Range 44 EWM,
Spokane County, Washington.
Parcel Number: County Assessor's tax parcel no. 45134.1768
Zoning: The northerly part of the site is zoned Community Business (B-2), while the
southerly part is zoned Regional Business (B-3). The site is also located within the Aquifer
Sensitive Area Overlay zone and the Public Transit Benefit Area designated by the Zoning Code.
Comprehensive Plan: Major Commercial. The subject property is also located within the
Priority Sewer Service Area, Aquifer Sensitive Area, and Urban Impact Area designated by the
Plan.
IUGA: The property is located inside the interim urban growth area boundaries designated
by the County pursuant to the Growth Management Act.
HE Findings, Conclusions and Decision ZE-2-01 Page 1
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Environmental Review: The Division of Planning issued a Determination of
Nonsignificance on April 6, 2001.
Site Description: The site is 33,387 square feet in size, "L"-shaped, and flat in topography.
The subject property is improved with a 560-square foot residence and a small, detached
accessory structure. The site is generally 112 feet wide and 248.55 feet long, except for a 100-
foot by 37-foot wide leg that extends and provides ingress/egress to Sprague Avenue.
Surrounding Conditions: Sprague Avenue, Flora Road and Sullivan Road in the area are all
designated as Principal Arterials by the County Arterial Road Plan. Sprague Avenue comprises a
major commercial and traffic comdor in the area. The Major Commercial category extends
along Sprague Avenue in the area. The land along Sprague Avenue near the site is zoned B-3, B-
2, Neighborhood Business (B-1) or Light Industrial (I-2), and developed for an assortment of
commercial uses. This includes some recent rezones to the B-3 zone.
Project Description: The site plan of record dated January 22, 2001 illustrates development of a
5280 square foot automobile repair shop, with 4 bays. The shop includes approximately 650 square
feet of office space for the business. The existing structures will either be demolished or relocated to
another site. The site plan shows the north 25 feet of the site as a gravel area, with paved parking, a
drainage swale and landscaping making up the remainder of the subj ect property.
A total of 21 off-street parking spaces are illustrated, which is less than the 25 spaces required by the
County Zoning Code, based on the square footage and proposed use of the structure. A 5-foot strip
of Type III landscaping is proposed along the south boundary of the site and along its Sprague
Avenue frontage. The project would be served by public sewer and water.
B. ProceduralInformation:
Applicable Zoning Regulations: Spokane County Zorung Code Chapters 14.402 and 14.628.
Hearing Date and Location: Apri125, 2001, Spokane County Public Works Building,
Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA.
Notices: Mailed: Apri16, 2001
Posted: Apri18, 2001
Published: April 6, 2001
Hearing Procedure: Pursuant to County Resolution Nos. 96-0171 and 96-0294
Testimony:
Deanna Walter
Division of Planning
1026 West Broadway
Spokane, WA 99260-0240
HE Findings, Conclusions and Decision ZE-2-01 Page 2
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Items Noticed: Spokane County Generalized Comprehensive Plan, County Zoning Code,
County Code, County Standards for Road and Sewer Construction, County Guidelines for
Stormwater Management, and County Arterial Road Plan maps. County Resolution Nos.
99-0261 (revising Road Standards), 97-0874 (revising interim regulations for County IUGAs),
97-0321 (adopting interim regulations for County NGAs), 96-0294 (Hearing Examiner Rules of
Procedure), 96-0171 (Hearing Examiner Ordinance), and 85-0900 (adopting Zoning Code, and
Program to Implement Zoning Code). Final land use decisions referenced in Staff Report and in
decision.
III. LAND USE ANALYSIS/
FINDINGS OF FACT & CONCLUSIONS OF LAW
A. Approval criteria
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 rezone 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.
In considenng 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).
Some Washington cases have dispensed with the changed circumstances requirement where
the rezone specifically implemented the policies of the comprehensive plan. Bjarnson v. Kitsap
County, supra; Save Our Rural Environment v. Snohomish County, 99 Wn.2d 363, 370-371
(1983); and Tugwell v. Kittitas County, 90 Wn. App. 1, 8, 951 P.2d 272 (1999).
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 forMount Vernon v. City ofMount Vernon, 133 Wn.2d 861, 873 (1997); and Cathcart v.
Snohomish County, 96 Wn.2d 201, 211-12 (1981). 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); Cougar Mt. Assocs. v.
King County, 111 Wn.2d 742, 755-57 (1988); and 1Vagatani Bros. v. Commissioners, 108 Wn.2d
4773, 480 (1987).
Section 14.402.020 of the County Zoning Code authorizes amendments to the Code based
on several 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 the change 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
"[c]hanges in economic, technological, or land use conditions has occurred to warrant
HE Findings, Conclusions and Decision ZE-2-01 Page 3
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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
Conunissioners. 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 Zoning Code
provisions will be met as a minimum.
The Comprehensive Plan indicates that the decision guidelines stated in the various
sections of the Plan should be used as a resource and guide for approving specific land uses.
B. The nroposed rezone, as conditioned, generally conforms with the Comprehensive Plan;
bears a substantial relationship to and will not be detrimental to the public health, safetv and
welfare; is supported bv a substantial change of circumstances in the area since the site was last
zoned; and complies with the Spokane County Zoning Code and other applicable development
re2ulations.
The site is designated within the Major Commercial category of the Comprehensive Plan.
Such category is intended to provide the opportunity for development of commercial uses,
specifically community and regional shopping centers and commercial uses directly related to
major throughways. Major Commercial areas typically require a full line of public services and
utilities, including public sewer. The Major Commercial category indicates that commercial
developments should be buffered or spatially separated to protect adj acent areas. Comprehensive
Plan, Section 6, Goa16.1, Objective 6.1.a and Decision Guideline 6.1.2.
The southerly portion of the site is zoned Regional Business (B-3) zone, while the northerly
portion is zoned Community Business (B-2). The applicant proposes to rezone the entire site to
the B-3 zone, for development of an automobile repair shop.
The B-3 zone is intended to implement the Major Commercial category of the
Comprehensive Plan, including policies that encourage commercial development along Principal
Arterials and the establishment of regional-serving commercial uses. Zoning Code 14.628.100.
The proposed rezone clearly implements such policies, since it is located along a Principal
Arterial and B-3 uses are intended for the site. The proposal is also served by a high level of
public services and facilities, including modern utilities and public sewer. The project site is also
located inside the interim urban growth area (NGA) boundaries designated by the County
pursuant to the State Growth Management Act.
No opposition was expressed to the proposal during the public hearing process. Sprague
Avenue in the area comprises a major commercial and traffic corridor through the Spokane
Valley area of the county. The portion of Sprague lying east of Sullivan Road is experiencing
new commercial development, prompted by the extension of public sewer and improvements to
Sprague Avenue east of Sullivan. B-3 and B-2 zoning are the predominant zoning in the area
along Sprague Avenue, with a trend toward more B-3 zoning. The land lying south of the site is
HE Findings, Conclusions and Decision ZE-2-01 Page 4
zoned Light Industnal (I-2). The I-2 zone authonzes the development of B-3 zones uses,
provided such uses are developed according to the development standards of the B-2 zone.
The development standards of the B-3 zone ensure adequate buffering for the project in
relation to adj acent uses. The proposal will provide regional business services to the growing
population in the Spokane Valley. The Examiner agrees with the Staff Report that the project is
consistent with the Comprehensive Plan, and will serve the public welfare._
The procedural requirements of chapter 43.21 C RCW and chapter 11.10 of the Spokane
County Code have been met. The Hearing Examiner concurs with the Determination of
Nonsignificance issued by the Division of Building and Planning. No adverse comments were
received from the reviewing public agencies. As conditioned, the proposal will not have more
than a moderate effect on the quality of the environment.
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. Washington courts have not required a"strong" showing of
change. The rule is flexible, and each case is to be judged on its own facts. Bassani v. County
Commissioners, 70 Wn. App. 389, 394 (1993).
Recent cases hold that changed circumstances are not required for a rezone if the proposed
rezone implements policies of a comprehensive plan. See Bjarnson v. Kitsap County, 78 Wn.
App. 840, 846 (1995); Save Our Rural Environment v. Snohomish County, 99 Wn.2d 363, 370-
371 (1983); and Tugwell v. Kittitas County, 90 Wn. App. 1, 8, footnote 6(1997). As discussed
above, the project generally conforms to the Comprehensive Plan.
Changed conditions supporting the proj ect include improvements to Sullivan Road east of
Sullivan Road; the extension of public sewer in the area, rezones to the B-3 zone west of the site
during the 1990s, increased population growth in the Valley area, increased traffic along Sprague
Avenue and Sullivan Road, and designation of the site within the County's IUGA boundaries.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the above rezone application
is hereby approved, subject to the conditions of the various public agencies specified below.
Any conditions of public agencies that have been added or significantly revised by the
Examiner are italicized.
Failure to comply with the conditions of this approval may result in revocation of this
approval by the Hearing Examiner. This approval does not waive the applicant's obligation to
comply with all other requirements of other agencies with jurisdiction over land development.
HE Findings, Conclusions and Decision ZE-2-01 Page 5
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SPOKANE COUNTY DIVISION OF PLANNING
1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant,"
which term shall include the owners, developers and users of the property, and their heirs,
assigns and successors.
2. The proposal shall comply with the Regional Business (B-3) zone, the Aquifer Sensitive
Area (ASA) Overlay zone, and all other applicable provisions of the Spokane County Zoning
Code as amended.
3. The applicant shall develop the subject property in substantial accordance with the site plan
of record dated January 22, 2001, subject to compliance with conditions of approval and
development standards. Minor variations, consistent with conditions of approval and
development standards, may be permitted administratively by the County Division of Planning in
accordance with Section 14.504.040 of the County Zoning Code. All other revisions must be
approved by the Hearing Examiner, pursuant to a public hearing on a change of conditions
application.
4. Approval is required from the Director of the Division of Planning/designee of a specific
lighting and signage plan for the described property prior to the release of any building permit.
5. Direct light from any exterior area lighting fixture shall not extend over the property
boundary.
6. 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 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
the Spokane County Hearing Examiner on June 18, 2001, imposing a variety of special
development conditions. File No. ZE-02-01 is available for inspection and copying in the
Spokane County Division of Planning."
7. Prior to release of any building permits, a specific landscape plan, planting schedule and
provisions for the maintenance acceptable to the Director of the Division of Planning/designee
shall be submitted, along with a performance bond or other suitable guarantee for the project.
The landscape plan shall conform to chapter 14.806 (Landscaping and Screening Standards) of
the County Zoning Code. A 5-foot wide Type III landscaping strip is required adjacent to
Sprague Avenue, pursuant to Section 14.806.040 (2)(b). Landscaping shall be installed and
maintained so that sight distance at access points is not obscured or impaired.
8. The applicant sball obtain a Certificate of Exemption pursuant to Section 12.100.110(5) of
the Spokane County Subdivision Ordinance, prior to issuance of a building pernut.
9. The Spokane County Division of Planning shall prepare and record with the County
Auditor a Title Notice, which specifies a future land acquisition area for road right-of-way and
utilities. The Title Notice shall state the following:
HE Findings, Conclusions and Decision ZE-2-01 Page 6
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a. A stnp of property 10 feet in width from the existing nght-of-way is reserved for future
acquisition area for additional road right-of-way width along Sprague 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 unprovements (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.
10. The applicant should contact the Division of Building and Code Enforcement at the earliest
possible stage in order to be informed of code requirements administered/enforced as authorized
by the State Building Code Act. Design/development concerns include addressing, fire apparatus
access roads, fire hydrant flow, approved water systems, building accessibility, construction type,
occupancy classification, existing exterior wall protection and energy code requirements.
SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS
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. The applicant shall submit drainage and access plans for approval by the Spokane County
Engineer.
3. A Professional Engineer, licensed in the State of Washington, shall submit final drainage
plans, a drainage report and calculations that conform to the 1999 Spokane County Standards for
Road and Sewer Construction, the current edition of the Spokane County Guidelines for
Stormwater Management and all other standards and laws that are applicable. Final drainage
plans and a drainage report shall receive the County Engineer's acceptance prior to release of a •
construction or building pernut.
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.
HE Findings, Conclusions and Decision ZE-2-01 Page 7
5. The County Engineer has designated a 5-Lane Principal Arterial Roadway Section for the
improvement of Sprague Avenue, which is adjacent to the proposed development. No roadway
improvements are required along the Sprague Avenue frontage of this development. County
Road Project No. 2676 constructed Sprague Avenue along the frontage of this proposal.
6. All required improvements shall conform to the current State of Washington Standard
Specifications for Road and Bridge Construction, and other applicable County standards andlor
adopted resolutions pertaining to Road Standards and Stormwater Management in effect at the
date of construction, unless otherwise approved by the County Engineer.
7. The applicant shall construct a paved and delineated approach to meet the existing
pavement on Sprague Avenue.
8. Roadway standards, typical roadway sections and drainage plan requirements are found in
Spokane County Resolution No. 99-0265 as amended and are applicable to this proposal.
9. 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 nght of way is
subject to inspection and approval by the County Engineer.
10. 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.
11. The County Arterial Road plan identifies Sprague Avenue as a 130-foot wide Principal
Arterial. The existing right of way width of 85 feet is not consistent with that specified in the
plan. In order to implement the Arterial Road Plan, a strip of property 10 feet in width along the
Sprague Avenue frontage be set aside in reserve, as provided in the County Division of Planning
conditions. This property may be acquired by Spokane County at the time when Arterial
Improvements are made to Sprague Avenue.
12. The applicant is advised that there may exist utilities either underground or overhead
effecting the applicant's 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 contact the applicable utilities regarding
responsibility for adjustment or relocation costs and to make arrangements for any necessary
work.
13. The applicant shall grant applicable border easements adjacent to Spokane County Right of
Way per Spokane County Standards.
HE Findings, Conclusions and Decision ZE-2-01 Page 8
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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 Departrnent of Health.
4. A public sewer system shall be made available for the project and individual service shall
be provided. The use of individual on-site sewage disposal systems shall not be authorized.
5. The use of private wells and water systems is prohibited.
SPOKANE COUNTY DIVISION OF UTILITIES
1. A wet (live) sewer connection to the areawide Public Sewer System shall be constructed.
A sewer connection permit is required. Commercial developments shall submit historical andlor
estimated water usage prior to the issuance of the 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 private
sewer system design and connections for review and approval. Commercial developments shall
submit historical and/or estimated water usage as part of the sewer plan submittal.
3. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance
of the sewer construction permit.
4. - Arrangements for payments of applicable sewer charges must be made for prior to issuance
of sewer connection permit. Sewer charges may include special connection charges and general
facilities charges. Charges may be substantial depending upon the nature of the development.
5. Any water service for this proj ect shall be provided in accordance with the Coordinated
Water System plan for Spokane County, as amended.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1. All applicable air pollution regulations shall be met. See memo dated 2-7-01 from
SCAPCA in Division of Planning File No. ZE-2-01
HE Findings, Conclusions and Decision ZE-2-01 Page 9
DATED this 18`hday of June, 2001
SPOKANE COUNTY HEARING EXAMINER
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Miclfael C. Dempsey, WSB 82~''s'
64--
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, and to other parties by regular
mail, on June 18, 2001. 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 weekend or
holiday, THE APPEAL CLOSING DATE IS EITHER JUNE 28, 2001 OR JULY 2, 2001.
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 be inspected
during normal working hours, listed as Monday - Friday of each week, except holidays, between the
hours of 8:30 a.m. and 5:00 p.m. Copies of the documents in the record will be made available at
the cost set by Spokane County.
HE Findings, Conclusions and Decision ZE-2-01 Page 10