CUP-01-12-112812 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Conditional Use Permit for Indoor )
Entertainment/Recreation Facilities, in the )
Heavy Industrial (I-2) Zoning District; ) FINDINGS OF FACT,
) CONCLUSIONS OF LAW,
Applicant: It's a Soccer Life! Inc. ) AND DECISION
File No. CUP-01-12 )
)
I. SUMMARY OF DECISION
Summary of Hearing Matter: Application for a conditional use permit for indoor
entertainment/recreation facilities (indoor soccer center).
Summary of Decision: Approve application, subject to revised conditions.
II. FINDINGS OF FACT
1. The application requests a conditional use permit for indoor entertainment/recreation
facilities in the Heavy Industrial (I-2) zoning district, on approximately 3.2 acres of land; for the
development of an indoor soccer center and associated accessory uses, within an existing building.
2. The site is located at the northeast corner of Sullivan Road and Marietta Avenue; in Spokane
Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45122.9121,
45122.9122, 45122.9123 and 45122.9144.
4. The applicant is "It's a Soccer Life! Inc."; at a mailing address of do Greg Moore, 2818 N.
Sullivan Road, Building #3, Spokane Valley, WA 99216. The site owner is 2818 N. Sullivan
Road, LLC; at a mailing address of 1260 N. Dutton Avenue, Suite 270, Santa Rosa, CA 95401-
4673.
5. On September 4, 2012, the applicant submitted a complete application for the project.
6. On October 5, 2012, the City of Spokane Valley ("City") Community Development
Department issued a Determination of Nonsignificance (DNS) for the application. The DNS was
not appealed.
7. On November 15, 2012, the Hearing Examiner conducted a public hearing on the application.
The notice requirements for the public hearing were met. The Hearing Examiner conducted a site
visit on November 9, 2012.
8. The Hearing Examiner heard the application pursuant to SVMC 18.20; and the Hearing
Examiner Scheduling Rules and Rules of Conduct, as codified in Appendix B of the Uniform
Development Code (UDC), a part of the SVMC.
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9. The following persons testified at the public hearing:
Christina Janssen, Assistant Planner Greg Moore
City Community Development Department 18609 E. Turtle Creek Lane
11707 E. Sprague Avenue Spokane Valley, WA 99016
Spokane Valley, WA 99206
Dave Schmitt Cindy Schmitt
16314 E. 9th Lane 16314 E. 9th Lane
Spokane Valley, WA 99037 Spokane Valley, WA 99037
10. The site is approximately 21.5 acres in size, and consists of four (4) parcels in a binding site
plan. The site is fully developed with large industrial buildings, paved parking lots and
landscaping; and is the site of the former Itron light industrial use. The site is situated within the
greater boundaries of the Spokane Industrial Park.
11. The site is relatively flat in topography, and abuts a private road (Fairview Lane) along its
north boundary. The primary access to the site is from Marietta Lane; with secondary access being
provided from Fairview Lane, and no access being available from Sullivan Road.
12. The site plan consists of a 1995 survey of the site, with bold markings drawn around "Bldg.
S-12" on the site to show the location of the proposed indoor soccer facility. The building consists
of an empty industrial building of approximately 25,000 square feet. There would be no changes
to the exterior of the buildings or landscaping. The applicant is a lessee of the property.
13. The proposed use is described in a summary attached to the application. The building
housing the indoor soccer facility would include a futsal field in conjunction with a turf field, a
small soccer retail shop, a concession area featuring coffee products and pre-packaged snacks, a
lounge, and large locker rooms with shower facilities. The facility would provide field space for
rent, camps, tournaments and soccer clinics; and would cater to both youth and adult teams.
Business hours would generally be from 10 a.m. to 10:00 p.m., M-F; and from 8:00 a.m. to 10:00
p.m. on weekends.
14. The environmental checklist submitted for the project indicates that approximately five (5)
people would work on site, and would generate approximately 30 cars per hour during peak
volumes. Peak volumes would be experienced between 5 p.m.to 10 p.m., M-F; and during the
weekend operating hours. The use would be served by existing utilities.
15. The site, and neighboring land, is designated in the Heavy Industry category of the
Comprehensive Plan, zoned I-2 and developed primarily with industrial uses. See p. 2 of Staff
Report.
16. The City Arterial Street Plan designates Sullivan Road as a Principal Arterial, and Marietta
Avenue as a proposed Collector.
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17. Neighboring property owners did not comment on the proposed conditional use permit.
Support for the project was voiced at the hearing by the applicant, and a soccer coach and his wife
who may be involved in the business.
18. The Heavy Industry category of the Comprehensive Plan is characterized by intense
industrial activities; and may have significant noise, odor or aesthetic impacts to surrounding areas.
Commercial, residential and most recreational uses are not recommended in areas designated for
small-scale ancillary uses serving the industrial area. The category recommends that the
conversion of designated industrial lands to other uses be strictly limited to ensure an adequate
supply. Seep. 19 of Comprehensive Plan; and policies LUP-10.1 through LUP-12.3.
19. Policies PRP-1.1 and PRP-3.1 of the Comprehensive Plan cited in the Staff Report may have
some application to the proposal, to the extent they are not in conflict with the policies of the
Heavy Industrial category as they relate to recreational uses.
20. The I-2 zone has a similar purpose and intent as stated for the Heavy Industry category of the
Comprehensive Plan, and expressly implements such category. Indoor entertainment/recreation
facilities are permitted in the I-2 zone subject to the review and approval of a conditional use
permit.
21. SVMC 19.150.030 sets forth specific conditions and requirements that may be imposed on
the approval of a conditional use; and authorizes the imposition of "...other reasonable
restrictions, or safeguards that will uphold the spirit and intent of the SVMC and the
Comprehensive Plan and mitigate any adverse impact upon the adjacent properties by reason of
use, extension, construction or alteration allowed.
22. SVMC 19.150.010 provides that a request for a conditional use permit may be denied where
it cannot be clearly demonstrated that the requested use will be compatible with other permitted
uses in the vicinity of the proposed conditional use.
23. The downturn in the economy over the past few years has likely made it more difficult to
locate industrial uses in the Spokane Industrial Park, and on the site. The proposed use of the site
for indoor recreational facilities is not an ancillary use that primarily serves the industrial area in
the park. However, the use will serve the recreational needs of the surrounding population, and
may serve some of the employees in the Industrial Park and on surrounding industrial land.
24. The proposed use is a beneficial use of the site that may serve as an interim use, pending the
recovery of the local economy and a stronger demand for industrial uses. Since there will be no
exterior alteration of the building housing the proposed indoor soccer center, the future use of the
building for industrial purposes use is not precluded.
25. The site has good access to the major transportation corridors; being located along a Principal
Arterial, and having direct access to a Proposed Collector that is located a short distance from the
Principal Arterial. The relatively light volumes of traffic generated by the proposed use, and its
close proximity to Sullivan Road, minimizes traffic conflicts between the proposed use and
neighboring industrial uses.
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26. Because the use will be enclosed within an existing industrial building, the adverse impacts
from neighboring industrial uses on the users of the indoor soccer center are minimized.
27. The project will be served by existing public sewer and water facilities, and is expected to
place a lower demand on such services than the previous Itron use. The application meets the
sewer, water and transportation requirements set forth in SVMC Chapter 22.30.
28. Public transit is located at Fairview Lane and Sullivan Road. The comments from the
Spokane Transit Authority (STA) indicate that such transit stop is located nearly 1,000 feet from
the proposed use; but the site plan suggests a distance of approximately 750 feet to the building
that would house the indoor soccer center,via Fairview Lane.
29. The comments from STA state that users of the indoor soccer center are likely to use public
transit, and recommend the installation of sidewalk along Fairview Lane. However, Fairview Lane
is a private road, there is no evidence that the proposed use will increase the volume of pedestrian
traffic accessing the site compared to the previous industrial use, and City Traffic Engineering did
not recommend the installation of sidewalk along Fairview.
30. The Staff Report on page 3-4 properly analyzes the conditions and requirements for the
proposed conditional use under the criteria referenced in SVMC 19.150.030, and such analysis is
adopted by referenced herein. The conditions of approval recommended on p. 5 of the Staff
Report are appropriate for the project.
31. The application complies with the environmental regulations set forth in SVMC Chapter
21.20.
Based on the above Findings of Fact,the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. Pursuant to SVMC Chapter 19.150, and RCW 36.70B.030 and 36.70B.040, the application
must be approved if it complies with the criteria specified in SVMC 19.150.010 for approving a
conditional use permit for indoor entertainment/recreational facilities in the I-2 zone, and the
general development standards of the I-2 zone.
2. A comprehensive plan is considered as a general blueprint for land use regulation. See
Citizens for Mount Vernon v. City of Mount Vernon, 133 Wn.2d 861, 873 (1997); and Cathcart v.
Snohomish County, 96 Wn.2d 201, 211-12 (1981).
3. Where a comprehensive plan conflicts with zoning regulations, the zoning regulations will be
generally be construed to prevail. See Weyerhaeuser v. Pierce County, 124 Wn.2d 26, 43 (1994).
This includes the approval of conditional use permits. See Hansen v. Chelan County, 81 Wn. App
133, 138 (1996); and Pease Hill v. County of Spokane County, 62 Wn. App. 800, 808-809 (1991).
HE Findings, Conclusions and Decision CUP-01-12 Page 4
4. The effect that a conditional use will have on neighboring land will generally not support the
denial of the permit, standing alone, unless the effect is greater than the effect of uses permitted
outright in the applicable zone. See Hansen v. Chelan County,supra.
5. The application, as conditioned, meets the concurrency requirements of SVMC Chapter
22.30, and complies with other relevant development regulations.
6. Adequate conditions and restrictions on the conditional use have been placed to ensure that it
will be compatible with other permitted uses in the vicinity; and will not be materially detrimental
to the public health, safety or general welfare. Certain minor additions should be made to the
conditions of approval for compliance purposes, as set forth in the conditions set forth below.
7. The application, as conditioned, reasonably mitigates any adverse impacts on adjacent
properties by reason of use, extension, construction or alteration allowed with respect to the
conditional use.
8. The application, as conditioned, is generally consistent with the Comprehensive Plan, and
will be compatible with other permitted uses in the vicinity.
9. The application, as conditioned, complies with the criteria specified in SVMC 19.150.010 for
approving a conditional use permit for indoor recreational/entertainment facilities in the I-2 zone,
and the general development standards of the I-2 zone.
10. Any conclusion of law above that is a finding of fact is hereby deemed such.
11. The approval of the conditional use permit is appropriate under SVMC Chapter 18.20
(Hearing Examiner).
IV. DECISION
Based on the above Findings of Fact and Conclusions of Law, the application for a
conditional use permit for indoor entertainment/recreational facilities in the I-2 zone is hereby
approved, subject to the conditions of approval specified below.
Any public agency conditions that have been significantly altered or added to are italicized.
Failure to comply with the conditions of this approval may result in revocation or suspension
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.
SPOKANE VALLEY COMMMUNITY DEVELOPMENT DEPARTMENT:
1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant';
which term shall include the owner and developer of the property and their heirs, assigns and
successors.
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2. This approval applies to the site currently referenced as County Assessor's tax parcel nos.
45122.9121, 45122.9122, 45122.9123 and 45122.9144.
3. The proposal shall be developed in general conformance with the site plan of record
submitted on August 31, 2012.
4. When permanent structures or alterations are planned, the appropriate permits shall be
obtained.
5. The existing landscaping must be maintained in healthy conditions.
6. A title notice should be recorded for the approval of the conditional use permit.
DATED this 3rd day of December, 2012
SPOKANE VALLEY HEARING EXAMINER
Mic el C. Dempsey, WS. 1 35
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code (SVMC), and RCW
Chapter 36.70C, the decision of the Hearing Examiner on an application for a conditional
use permit is final and conclusive unless within twenty-one (21) calendar days from the date
of issuance of the Examiner's decision, a party with standing files a land use petition in
Superior Court pursuant to RCW Chapter 36.70C. Pursuant to RCW Chapter 36.70C, the
date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed.
This decision was mailed by regular mail to the Applicant, and to all government
agencies and persons entitled to notice under SVMC 17.80.130(4), on December 3, 2012. The
date of issuance of the Hearing Examiner's decision is therefore December 6, 2012. THE
APPEAL CLOSING DATE IS DECEMBER 27, 2012, counting to the next business day
when the last day for appeal falls on a holiday.
The complete record in this matter is on file during the appeal period with the Office
of the Hearing Examiner, Third Floor, Public Works Building, 1026 W. Broadway Avenue,
Spokane, Washington, 99260-0245; and may be inspected by contacting Kristine Chase at
(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 8:00 a.m. and 4:30 p.m. After the
appeal period, the file may be inspected at the City of Spokane Valley Community
Development Department-Planning Division, 11707 E. Sprague Avenue, Spokane Valley,
HE Findings, Conclusions and Decision CUP-01-12 Page 6
WA, 99206; by contacting Christina Janssen at (509) 921-1000. Copies of the documents in
the record will be made available at the cost set by the City of Spokane Valley.
Pursuant to RCW 36.70B.130, affected property owners may request a change in
valuation for property tax purposes notwithstanding any program of revaluation.
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