CUP-01-08 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Conditional Use Permit for an Automobile )
Wrecking Yard, in the Light Industrial ) FINDINGS OF FACT,
(I-1)Zoning District; ) CONCLUSIONS OF LAW,
Applicant: Spalding Family Holdings, LLC ) AND DECISION
File No. CUP-01-08 )
I. SUMMARY OF DECISION
Hearing Matter: Application for a conditional use permit, for the operation and expansion of an
automobile wrecking yard, in the I-1 zone.
Summary of Decision: Approve application, subject to conditions.
II. FINDINGS OF FACT
1. The application requests issuance of a conditional use permit for a wrecking, recycling,
junk and salvage yard for automobiles; on 6.14 acres of land, in the Light Industrial (I-1) district.
2. The site includes four(4)parcels of land, which abut the existing Spalding Auto Parts auto
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wrecking yard business in three (3) separate locations. The site and existing yard lie generally
north of Interstate 90 (I-90), south of the Union Pacific Railroad tracks, east of Woodruff Road
and west of Skipworth Road; in Spokane Valley, Washington.
3. The northwest portion of the site, consisting of 2.23 acres, is located at the southwest
corner of the intersection of Montgomery Avenue and the railroad tracks.
4. The southwest portion of the site, consisting of two (2)tax parcels totaling 3.14 acres in
size, is located at the northeast corner of the intersection of Felts Road and I-90.
5. The east portion of the site, consisting of.77 acres, is located along the north side of I-90;
approximately 280 feet west of the intersection of Indiana Avenue and Skipworth Road.
6. The site is currently referenced as County Assessor's tax parcel nos. 45084.0221,
45084.0110, 45084.0111 and 45093.0636. The existing yard is addressed at 2210 N. University
Road, Spokane Valley, WA
7. The applicant, and the site owner, is Spalding Family Holdings, LLC, 2210 N. University
Road, Spokane Valley, WA 99206.
8. On November 24, 2008, the applicant submitted the current application to the City
Community Development Department.
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9. On January 23, 2009, the City Department of Community Development issued a
Determination of Nonsignificance (DNS) for the application. The DNS was not appealed.
10. On March 12, 2009, 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 March 12, 2009 prior to the hearing, and viewed the site from 1-90 after the hearing.
11. The Hearing Examiner heard the proposal pursuant to Chapter 10.35 of the Spokane Valley
Municipal Code (SVMC), and the City Hearing Examiner Rules of Procedure.
12. The following persons testified at the public hearing:
Micki Harnois, Associate Planner Greg McCormick
Spokane Valley Community Development City of Spokane Valley
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Dwight Hume
9101 N. Mt. View Lane
Spokane, WA 99218
13. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,the
SVMC, other applicable development regulations, and prior land use decisions for the site and
area.
14. The record includes the documents in the application file at the time of the public hearing,
the documents and testimony submitted at the public hearing, and the items taken notice of by the
Hearing Examiner.
15. The southwest portion of the site abuts along I-90, Felts Road and the unimproved rights of
way for Shannon Avenue and Raymond Road. The southerly part thereof consists of steep slopes
that decline to the north, equal or exceed 30%, and face away from I-90.
16. The other parts of the site are relatively flat in topography. The site is generally
undeveloped; and vegetated with grasses, shrubs and Ponderosa pine trees. Some abandoned,
vintage automobiles are found on the east parcel. The southwest parcels and the east parcel are
fenced. See site plan of record submitted on November 24, 2008.
17. Some piles of asphalt shavings and gravel are found on the northwest parcel, and are used
on occasion to fill potholes on the internal gravel driveways that serve the wrecking yard. An
earthen berm that supports a row of mature evergreen trees effectively screens the northwest
parcel from the attractive business park located to the west.
18. The existing wrecking yard is situated on approximately 55 acres of land, and contains
massive amounts of salvaged vehicle hulks arranged in rows.
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19. A chain-link fence borders 1-90 adjacent to the site and the existing wrecking yard. The
fence has beige-colored slats; and is bordered by poplar trees, spaced at various intervals, and
scattered arborvitae. Such features are only partially sight-obscuring to the view of impounded
vehicles from I-90.
20. The west 375 feet of the southwest portion of the site do not have any landscaping along
the freeway fence; however, such portion of the site is barely visible from 1-90, due to the cut
bank on the south border and the 60-foot distance between the 1-90 travel lanes and such parcels.
21. The remainder of the southwest portion of the site, and the portion of the existing yard lying
between the southwest portion of the site and University Road to the east, are more significantly
screened to views from I-90 by a row of Austrian pine trees that are located along the freeway
chain-link fence. The trees are at various stages of maturity, but are mostly in the 30-40 foot
range. The State removed several mature evergreen trees located along the fence a few years
ago, for safety reasons, which made the existing yard more visible to views from I-90.
22. The conditional use permit burden of proof form and its attachments indicate that the
proposed use of the site would be similar to the existing yard; with similar proposed
improvements, screening and hours of operation. The east and northwest parcels would have no
immediate need for storage; but would be reserved for future auto wrecking operations,with no
extension of utilities being necessary.
23. The burden of proof documents advise that the flat portion of the southwest portion of the
site would be used for a car crusher and impoundment, and for the small-scale excavation of fill
material that occurs each year to serve the wrecking yard. The remaining hillside portion would
be left intact as a natural buffer.
24. The site and neighboring land are designated in the Light Industrial category of the
Comprehensive Plan, and zoned I-1. Nearby land generally consist of offices, storage,
warehouse and manufacturing uses related to light industry. The storage and yard areas for such
uses are generally unscreened.
25. The City Arterial Road Plan designates Montgomery Avenue as a Minor Arterial, which
roadway is paved to a 5-lane section. The city rights of ways that abut the portions of the site, or
that abut or extend through the existing wrecking yard, are mostly unpaved. The southwest and
east portions of the site would be accessed internally, from the main operation area for the
wrecking yard.
26. The purpose of the City Uniform Development Code (UDC), which comprises Titles 17-25
of the SVMC, is set forth in Section 17.20.010 of the SVMC.
27. Chapter 19, Appendix 19-A of the SVMC authorizes "wrecking, recycling,junk and
salvage yards" in the I-1 district, through the conditional use permit process set forth in Chapter
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19.150 of the SVMC. Such use is defined in Appendix A of the Uniform Development Code
(UDC)that comprises a portion of the SVMC.
28. The outdoor storage provisions contained in Section 19.60.060(2) of the SVMC, relating to
the Regional Commercial (RC) district, apply to the I-1 district. See Section 19.70.010 of
SVMC. Section 19.60.060(2) of the SVMC requires all storage to be within an enclosed
building, or an area screened by a Type 1 screen consistent with Section 22.70.030 of the SVMC.
29. Section 22.70.030 of the SVMC requires the installation of a 6-foot high, fully sight-
obscuring fence; along with a screen of sight-obscuring plantings, composed of a mix of conifers
and deciduous trees, that will reach a height of six (6) feet at maturity.
30. The existing wrecking yard has been in operation since approximately 1939. In 1995, the
Spokane County Zoning Adjustor issued a conditional use permit and variance to allow an 11-
acre expansion of the yard. The 11 acres lie directly north and east of the southwest portion of
the site, including frontage along 1-90. See decisions in File Nos. CUE-8-95 and VE-9-95.
31. The variance approval in File No. VE-9-95 authorized a waiver of the landscaping
requirements of the County Zoning Code along the boundaries of the 11-acre expansion area.
The included the boundary along I-90, where the County Zoning Adjustor found that the
installation of sight-obscuring fencing would be ineffective due to the raised nature of the
adjacent 1-90 travel lanes.
32. The variance decision required that the landscaping waiver be reevaluated administratively
at such time as any of the existing screening foliage is removed, destroyed or becomes ineffective
as a screening device; or when public roads are constructed adjacent to the 11 acres that allow
traffic to view the storage on such acreage. While the State's action in removing trees along 1-90
could trigger administrative review of the screening for the 11 acres under the variance decision,
this issue is not relevant to the current application.
33. The Staff Report lacks an analysis of the consistency of the application with the
Comprehensive Plan. Such analysis is part of the Hearing Examiner's consideration in
approving a conditional use permit, under Section 19.150.030)(i) of the SVMC and RCW
35A.63.170(3).
34. Policy LUP-10.2 of the Comprehensive Plan encourages a diverse array of industries to be
located in the Spokane Valley. Policies LUP-11.3 and LUP-12.2 of the Comprehensive Plan
advise that light industry areas shall include lighting, sidewalks, bike lanes and landscaping to
provide a safe and attractive working environment.
35. Policy LUP-14.3 of the Comprehensive Plan recommends that standards be established for
the scale and intensity of industrial signage that protects views and minimizes signage clutter
while at the same time allowing adequate business identification.
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36. Neighboring property owners did not comment on the project. No public agencies objected
to the application.
37. The application materials proposed that the Hearing Examiner waive landscaping
requirements for the proposed use, similar to the 1995 variance decision for the 11-acre wrecking
yard expansion area lying directly east of the southwest portion of the site.
38. The conditions recommended by the City Community Development Department require the
applicant to adhere to the development standards set forth in the 1-2 district.
39. The City Community Development Department requested that condition of approval#3
recommended for the application be revised to require the applicant to submit a landscaping plan
to the Department for review and approval, for required landscaping; and install the approved
landscaping prior to the commencement of activities on the site.
40. The conditions of approval recommended by the Washington State Department of
Transportation require the proposed expansion of the auto wrecking yard to be screened to I-90,
as required by RCW Chapter 47.41 and applicable federal regulations, require signage visible to
I-90 to conform to the State and Federal Scenic Vista Act, and advise the applicant that site
grading and drainage plans will be reviewed for impacts to I-90.
41. The environmental checklist indicates that the proposed expansion will not generate any
new vehicle trips. City Engineering expressed no concerns regarding the checklist, on the basis
that the expansion represents only a minor addition to the existing wrecking yard; with no new
paving, access points or construction currently proposed.
42. The environmental checklist indicates that the portions of the site will eventually be used
for storage when needed. This will logically increase traffic to and from the site, at the time.
43. Chapter 22.20 of the SVMC requires the City Development Engineering Division to issue a
certificate of transportation concurrency for a proposed permit, or determine that the permit is
exempt from concurrency review under the exemptions listed in such chapter.
44. The City Engineering Division did not issue a certificate of concurrency, or make a finding
that the application was exempt from concurrency review. Section 22.20.020 of the SVMC
exempts any project from transportation concurrency review if it will have transportation impacts
of less than 10 peak hour vehicular trips, and will not change the traffic volumes and flow
patterns in the PM peak hour of travel. This exemption probably applies to the current
application.
45. County Utilities and Modern Electric Water Company respectively certified public sewer
and water concurrency for the application.
46. The Staff Report adequately analyzes the consistency of the application with the conditional
use permit criteria set forth in Section 19.150.030 of the SVMC, and the development standards
HE Findings, Conclusions and Decision CUP-01-08 Page 5
of the LI district applicable to the proposed use. The Examiner adopts such analysis by
reference, as supplemented in the above findings of fact.
47. Section 21.40.050 of the SVMC requires the submittal of a geo-hazard evaluation for the
proposed construction of development on slopes that equal or exceed 30%. The applicant
indicated that no construction is planned on the steep slopes located on the southwest portion of
the site.
48. The conditions of approval recommended by the City Community Development
Department and WSDOT otherwise ensure compliance with such criteria and development
standards; and adequately mitigated the environmental impacts of the project.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed use of the site constitutes a"wrecking,junk and salvage yard"as defined in
Appendix A of the City Uniform Development Code (UDC), which is part of the Spokane Valley
Municipal Code (SVMC).
2. The proposed use requires the issuance of a conditional use permit under Chapter 19.150 of
the UDC.
3. City Community Development Department condition of approval #2 should be revised as
recommended by such department.
4. A condition of approval should be added that requires City Engineer to either issue a
certificate of transportation concurrency, or determine that the application is exempt from
transportation concurrency requirements.
5. A condition of approval should be added that requires the applicant to submit a geo-hazard
evaluation for any construction on slopes of 30%or greater.
6. The Hearing Examiner has no authority to waive the landscaping requirements for the
project without the submittal of a variance application.
7. The conditional use permit application, as conditioned, generally conforms to the
Comprehensive Plan, upholds the purpose of the UDC, complies with the development standards
of the LI zone for the proposed use, complies with the concurrency requirements of the SVMC,
and complies with applicable development regulations.
8. The applicant clearly demonstrated that the proposed use, as conditioned, is compatible
with other permitted uses in the vicinity of the proposed use; and will not be materially
detrimental to the public welfare.
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9. The application, as conditioned, complies with the requirements for issuance of a
conditional use permit under Chapter 19.150 of the SVMC.
i 10. A conditional use permit may be suspended or revoked if, after a public hearing with notice
as provided in SVMC Chapter 17.80.070, the Hearing Examiner finds that a grantee or their
I successors in interest failed to comply with the conditions or restrictions included in the
t conditional use permit.
1
IV. DECISION
1
ff
1 Based on the above findings of fact and conclusions of law, the application for a
conditional use permit for the operation and expansion of a"wrecking,junk and salvage yard",
on approximately 6.14 acres of land, is hereby approved; subject to the conditions of approval.
r stated 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
i over land development.
Conditions of Approval
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. Appropriate permits shall be obtained by the applicant when permanent structures are
planned or proposed.
2. All future development on the site shall adhere to the development standards set forth
in the Light Industrial (I-1) zoning district.
3. The applicant shall submit a required landscaping plan for review and approval by the
Planning Division, and install the approved landscaping; prior to the commencement of
operations on the site.
4. The City Engineering Division shall issue a certificate of transportation, or a written
determination that the application is exempt from transportation concurrency; prior to the
commencement of operations on the site.
5. The applicant shall submit a geo-hazard evaluation for any construction proposed on
slopes of 30%or greater on the site;prior to such construction occurring.
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WASHINGTON STATE DEPARTMENT OF TRANSPORTATION:
1. The expansion of the auto wrecking yard shall be screened to Interstate 90, as required
in RCW 47.41 and in the Code of Federal Regulations Title 23 Part 751.
2. Signage visible to Interstate 90 shall conform to the State and Federal Scenic Vista Act.
3. Site grading and drainage plans shall be submitted to WSDOT, for consideration of and
mitigation of impacts to Interstate 90.
DATED this 16th day of April, 2009
CITY OF SPOKANE VALLEY HEARING EXAMINER
Michae C. Dempsey, WSBA 3,0
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NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code(SVMC),which is
part of the City of Spokane Valley Uniform Development Code (UDC), 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 such chapter, 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 Section 17.80.130(4) of the UDC,on April 16,
2009. The date of issuance of the Hearing Examiner's decision is April 20,2009, counting
to the next business day. THE APPEAL CLOSING DATE IS MAY 11,2009.
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; and may be
inspected by contacting Leslie Busch 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 8:30 a.m. and 5:00 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,WA, 99206; by contacting Micki Harnois 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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