CUE-03A-03 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Change of Conditions to a Conditional. Use )
Permit, for a Commercial Recreational Area, )
in the Light Industrial(I-2) Zone; ) FINDINGS OF FACT,
Applicant: Spokane Soccer Properties, LLC ) CONCLUSIONS OF LAW,
File No. CUE-03A-03 ) AND DECISION
I. SUMMARY OF DECISION
Summary of Hearing Matter: Application to change the conditions of approval of conditional
use permit, for a commercial recreational area, in the 1-2 zone.
Summary of Decision: Approve application, subject to conditions.
II. FINDINGS OF FACT
1. The application seeks a change to the conditions imposed on a conditional use permit for a
commercial recreational area, on approximately .71 acres of land, to allow competition between
teams and spectator seating; in the Light Industrial(I-2) zone.
2. The site is located south of and adjacent to Nora Avenue, approximately 133 feet west of
Park Road, in the SE 1/4 of Section 12, Township 25 North, Range 43 EWM, Spokane County,
Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 35124.2606, and has an
address of 7320 E. Nora Avenue, Spokane Valley, WA.
4. The applicant is John Montgomery, 2206 N. Pines Road, Spokane Valley, WA 99206, and
the site owner, is Spokane Soccer Properties, LLC, do Willi Aigner, 1511 NW Ilwaco Court,
Camas, WA 98607.
5. In 1998, a 22,000-square foot building for an indoor soccer center was constructed on an
approximately 1.5-acre parcel of land located west of and adjacent to the site, and owned by the
applicant. The building is divided into a 20,000-square foot area, with dimensions of 100-feet by
200-feet. The building includes a playing field, and adjacent board area and seating; and a 2,000-
square foot area that houses an office, restrooms and retail sports shop. This was prior to
incorporation of the City on March 31, 2003.
6. On July 8, 2003, the Hearing Examiner approved an application for a conditional use permit
for a commercial recreational area on the site, subject to conditions, in the I-2 zone. This was to
allow the addition of an indoor soccer practice field, to complement the adjacent soccer center. A
modified setback variance, allowing the proposed building to be located 20 feet from Nora
Avenue, was also approved. See decision in File No. CUE-03-03/VE-04-03.
HE Findings, Conclusions and Decision CUE-03A-03 Page 1
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7. City Planning condition#7 of the decision required as follows: "Use of the proposed
building shall be generally limited to an indoor practice facility. The holding of tournaments in
the building is prohibited".
8. On August 6, 2003, the Hearing Examiner issued a written clarification to City Planning
Division condition#7 of the decision, which stated that "...the holding of league games or soccer
matches between competing teams in the new facility falls outside the scope of the original
application and of my approval. Practice matches are acceptable provided this does not
increase the maximum parking needs for the uses on the combined site."
9. In 2006, the City Community Development Department-Planning Division ("City Planning
Division") approved a boundary line adjustment that added 11 feet to the parcel of land containing
the existing soccer center, and deleted 11 feet from the parcel of land involved in File No. CUE-
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03-03NE-04-03. Such reduced parcel represents the current site.
10. On April 19, 2007, the applicant submitted a complete application to modify City Planning
Division condition#7 of the decision; in order to allow use of the proposed building on the site as
an indoor recreational facility, including competition between teams with limited spectator
seating.
11. On May 28, 2003, the City Planning Division issued a Determination of Nonsignificance
(DNS) for the application. The DNS was not appealed.
12. On August 30, 2007, the Hearing Examiner conducted a public hearing on the application.
The notice requirements for the public hearing were met. The Examiner conducted a site visit on
August 20, 2007, prior to the hearing.
13. The Hearing Examiner heard the proposal pursuant to Chapter 10.35 of the Spokane Valley
Municipal Code (SVMC), the City Hearing Examiner Rules of Procedure, and the conditional use
permit provisions of the City Interim Zoning Code.
14. The following persons testified at the public hearing:
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Mike Basinger, Planning Division John Montgomery
City Community Development Department Attorney at Law
City of Spokane Valley 2206 N. Pines
11707 East Sprague Avenue Spokane Valley, WA 99206
Spokane Valley, WA 99206
15. The Hearing Examiner takes notice of the City Comprehensive Plan, City Interim Zoning
Code, City Standards for Road and Sewer Construction, other applicable development
regulations, and prior land use decisions in the vicinity.
16. The record includes the documents in the project file at the time of the public hearing held,
the documents and testimony submitted at the public hearing, and the items taken notice of by the
Hearing Examiner.
HE Findings, Conclusions and Decision CUE-03A-03 Page 2 "'
17. The site is approximately .71 acres in size, rectangular in shape and relatively flat in
topography. The site is undeveloped; except for a 12-foot wide paved area that serves as part of
the east entrance to the adjacent soccer center. See decision in File No. CUE-03-03/VE-04-03.
18. The site, the adjacent parcel to the west, and the land in the vicinity lying southerly of the
site, are designated in the Public/Quasi-Public category of the Comprehensive Plan and zoned 1-2.
19. The other land neighboring the site, west of Park Road, is designated in the Light Industrial
category of the Comprehensive Plan and zoned I-2; except for an"L"-shaped parcel located north
of the site across Nora Avenue that is zoned Urban Residential-22 (UR-22).
20. The land lying between the south half of the site and Park Road is improved with a single-
family residence. The parcel of land lying between the north half of the site and Park Road is used
for a commercial/light industrial use. An elementary school is located southwest of the site.
21. The site plan submitted by the applicant on May 7, 2007 illustrates development of a 1-story
building of 26,343 square feet on the site. The building is slightly larger than the 25,933-square
foot building illustrated on the site plan submitted on February 26, 2003, in File No. CUE-03-
03/VE-04-03. The floor plan for the current building would apparently be the same as illustrated
on the May 27, 2003 floor plan submitted previously, except to allow limited spectator seating in
the facility.
22. The current site plan does not accurately show the dimensions of the adjacent parcel
containing the existing soccer center; which parcel has a depth of 192 feet, except for the easterly
11 feet, which has a depth of 217.5 feet. See County Assessor's maps.
23. The current site plan illustrates enhanced parking for the combined facilities, which is made
possible by the extension of public sewer to the existing soccer center, and elimination of the
sewage drainfield on the adjacent parcel. The current site plan illustrates 79 parking spaces,
including two (2) handicapped spaces; all located on the adjacent parcel. The February 2, 2003
site plan provided for a maximum of 58 parking spaces on the combined sites.
24. Exhibit#14 in the project file contains a detailed description of the operation of the existing
soccer center on the adjacent parcel, and the proposed use of the current site under the current
application.
25. The Public/Quasi-Public category of the Comprehensive Plan is intended to protect and
preserve areas of the City devoted to civic, cultural, educational and similar facilities. The
Comprehensive Plan does not contain any specific policies for such category, except for "essential
public facilities".
26. The City Phase I Development Regulations does not designate any implementing zones for
the Public/Quasi-Public category of the Comprehensive Plan.
HE Findings, Conclusions and Decision CUE-03A-03 Page 3
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27. The City amended the 1-2 zone at the time of incorporation in 2003 to add
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"entertainment/recreation facilities (bingo hall, dance hall, skating rink, etc.)" as a permitted use in
the I-2 zone. This change was not noted in the Hearing Examiner's decision in File No. CUE-03-
03/VE-04-03. Such use appears similar to a"commercial recreational facility", as defined in
Section 14.300.100 of the City Interim Zoning Code; and may encompass the soccer center use
located on adjacent property, and the proposed use of the site. The application does not attempt
to take advantage of such change to the Zoning Code.
28. The application requested deletion of Finding of Fact#61 of the Hearing Examiner's
decision in File No. CUE-03-03/VE-04-03; which finding discussed the operating hours for the
proposed indoor practice facility, and indicated that the Examiner had added a condition of
approval limiting use of the proposed building on the site to an indoor practice facility.
29. No public o pp osition was expressed regarding the a pp lication. Public agencies es drd not
oppose approval of the application.
30. The applicant's description of the proposed facility in Exhibit#14, the added parking for the
combined facilities illustrated on the current site plan, the lack of objection to the current
application by neighboring property owners and public agencies, and the recommendation for
approval by the City Planning Division regarding the application provides a sufficient basis for
revision to City Planning condition#7 in the Examiner's 2003 decision.
31. The site is served with public sewer and water. Accordingly, the sewer and water
concurrency requirements of the City Phase I Development Regulations are met.
32. The applicant did not request modification of any other conditions of approval of the
Examiner's 2003 decision. This includes the modified 20-foot front yard setback required for the
proposed building from Nora Avenue, and the installation of 10 feet of Type I landscaping along
the frontage of the site with Nora Avenue.
Based on the above Findings of Fact, the Hearing Examiner enters the following:
II. CONCLUSIONS OF LAW
1. Section 14.632.240(4) of the City Interim Zoning Code sets forth specific standards for
approval of a conditional use permit for a"commercial recreational area".
2. Chapter 14.404 of the City Interim Zoning Code sets forth general conditions and 1
requirements for the issuance of a conditional use permit.
3. Section 14.504.040 authorizes the administrative approval of certain minor alterations or
additions to the site development plan approved for a conditional use permit; but requires a public
hearing review and approval process before the Hearing Examiner for other changes, or changes
to the conditions of approval for the conditional use permit.
HE Findings, Conclusions and Decision CUE-03A-03 Page 4
4. The site plan submitted on May 7, 2007 increases the size of the building proposed on the
site, compared to the original site plan, by only 1.6%. However, the proposed building is
approximately 85% of the site, and the maximum building coverage in the 1-2 zone is only 50%.
5. If the site is consolidated with the adjoining parcel to the west, the total area of buildings on
the combined sites (48,343 square feet) divided by the combined acreages of the two properties
(approximately 2.21 acres) is approximately the same as the 50% maximum building coverage
permitted in the I-2 zone. The existing conditions of approval require the site to be developed
consistent with the development standards of the I-2 zone, including maximum building coverage.
6. The request to modify or delete Finding of Fact#61 of the Examiner's 2003 decision is
improper, since the finding is not a condition of approval; and is also unnecessary to achieve
elimination or modification of City Planning condition#7 of the decision as proposed.
7. The request to modify City Planning condition#7 of the Examiner's 2003 decision, to allow
competition between teams and limited spectator seating for the building proposed on the site, as
conditioned by the City Planning Division, is consistent with the Comprehensive Plan, the purpose
and intent of the Light Industrial(I-2) zone, the special development standards for a conditional
use permit for a commercial recreational area under the I-2 zone, other applicable provisions of
the I-2 zone and City Zoning Code, and other applicable development regulations
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8. As conditioned, the proposal is reasonably compatible with other uses permitted in the I-2
zone, or located in the vicinity of the proposed use.
9. The proposal, 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.
10. The proposal, as conditioned, will not have a significant, probable, adverse impact on the
environment. The requirements of the State Environmental Policy Act and the City's Local
Environmental Ordinance have been met.
11. The proposal, as conditioned and modified, satisfies the requirements for issuance of a
conditional use permit under Chapter 14.404 of the City Zoning Code.
12. Approval of the land use application, as conditioned, is appropriate under Chapter 10.35 of the
Spokane Valley Municipal Code.
III. DECISION
Based on the above Findings of Fact and Conclusions of Law, the application for a change
of conditions to City Planning condition#7 of the Hearing Examiner's decision dated July 8,
2003, in File No. CUE-03-03/VE-04-03, to allow competition between teams and limited indoor
seating, in a slightly enlarged building on the subject property, is hereby approved, subject to the
conditions of approval specified below.
HE Findings, Conclusions and Decision CUE-03A-03 Page 5
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There is no basis, or need, to modify Finding of Fact #61 of such decision. Such finding is
superseded by the findings of fact in the current decision.
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.
Conditions of approval
CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT,
PLANNING DIVISION
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. This decision applies to the property currently referenced as County Assessor's tax parcel
no. 35124.2606.
3. The first (1st) sentence of City Planning Division condition#3 of the Hearing Examiner's
decision in File No. CUE-03-03/VE-04-03 is modified to state as follows: "The subject property
shall be developed substantially in conformance with the site plan of record submitted on May 7,
2007, and the floor plan submitted on May 27, 2003; subject to compliance with conditions of
approval and development standards, including maximum building coverage." The remainder of
the condition shall continue to apply.
4. City Planning Division condition#7 of the Hearing Examiner's decision in File No. CUE-
03-03/VE-04-03 is modified to state as follows: "The building on the site may be used for
similar indoor commercial recreational purposes as the existing soccer center located on
adjacent property, including competition between teams. Limited indoor seating for spectators
is also allowed."
5. All other conditions of approval imposed by the Hearing Examiner's decision in File No.
CUE-03-03/VE-04-03 shall continue to apply to the site. This in particular includes City Planning
Division condition#s 4, 5 and 6 of the decision.
6. The required number of off-street parking spaces for the proposal under the City Interim
Zoning Code is one (1) space per four (4) seats, or one (1) space for every eight (8) feet of bench
or pew (parlor/fixed) seating. The change in use will require more parking spaces to
accommodate spectator seating. Compliance with the parking standards of the City Interim
Zoning Code, as amended, is required prior to issuance of a building permit.
HE Findings, Conclusions and Decision CUE-03A-03 Page 6
7. Prior to issuance of a building permit, the applicant shall aggregate tax parcel nos.
35124.2606 and 35124.2504 into one (1) parcel.
8. A landscape plan shall be submitted, pursuant to Chapter 14.806 of the City Interim Zoning
Code as amended, for the installation of required landscaping as required by City Planning
Division condition#6 of the Hearing Examiner's decision in File No. CUE-03-03/VE-04-03/
9. The City Department of Community Development shall prepare and record a title notice with
the Spokane County Auditor, stating that the subject property is subject to certain conditions of
approval imposed as a result of a land use action. The title notice shall serve as a public notice that
the property is subject to such conditions of approval. The title notice may only be released, in
whole, or in part, by the Department of Community Development. The title notice should generally
provide as follows:
"The parcel of property legally described as [insert legal description] is the subject of a land use
decision by the City of Spokane Valley Hearing Examiner on January 4, 2008, approving a change of
conditions to a conditional use permit, and imposing various conditions of approval affecting the
property. File number CUE-03A-03,relating to such approval, is available for inspection and copying
at the City of Spokane Valley Department of Community Development."
DATED this 46.day of January, 2008
CITY HEARING EXAMINER PRO TEM
dA...a.gaithara
ichae C. Dempsey, WSBA#821
HE Findings, Conclusions and Decision CUE-03A-03 Page 7
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 10.35 of the City Municipal Code, the decision of the Hearing
Examiner on an application for a change of conditions to a conditional use permit is final and
conclusive unless within 21 calendar days from the issuance of the Examiner's decision, a party
with standing files a land use petition in superior court pursuant to chapter 36.70C RCW.
Pursuant to chapter 36.70C RCW, the date of issuance of the Hearing Examiner's decision is
three (3) days after it is mailed.
This Decision was mailed by Certified Mail to the Applicant, and by first class mail to other
parties of record, on January 4, 2008. The date of issuance of the Hearing Examiner's decision is
therefore January 7, 2008. THE LAST DAY FOR APPEAL OF THIS DECISION TO
SUPERIOR COURT BY LAND USE PETITION IS JANUARY 28, 2008.
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. After the appeal period, the file may be inspected
at the City of Spokane Valley Department of Community Development, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, WA. Copies of the documents in the
record will be made available at the cost set by City of Spokane Valley Ordinance.
Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
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HE Findings, Conclusions and Decision CUE-03A-03 Page 8