ZE-05A-00 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Change of Conditions, in the Urban )
Residential-7* (UR-7*) Zone; ) FINDINGS OF FACT,
Applicant: Arlo Huber ) CONCLUSIONS OF LAW,
File No. ZE-05A-00 ) AND DECISION
I. SUMMARY OF DECISION
Hearing Matter: Application for a change of conditions, in the UR-7* zone.
Summary of Decision: Approve application, subject to revised conditions.
II. FINDINGS OF FACT
1. The application requests a change of conditions for a 2.3-acre site, in the Urban Residential-.
7* (UR-7*) zone; to remove a 120-foot setback along the south property line imposed by a prior
rezone of the site to the Light Industrial(I-2) zone, and to modify the landscaping for the setback
area required by the prior rezone, for trailer sales and storage.
2. The site is located between, and to adjacent
� Broadway Avenue and Alki Avenue,
approximately 425 feet west of Barker Road. The property is situated in the NE 1/4 of the SE %
of Section 18, Township 25N, Range 45 EWM, in Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 55184.0912, and has a
site address of 18502 E. Broadway, Spokane Valley, Washington.
4. The applicant is Arlo Huber, 18502 E. Broadway Avenue, Spokane Valley, Washington,
99206. The site owner is Arlo and Mark Huber Properties, LLC.
5. On September 22, 2006, the applicant submitted a complete application for a change of
conditions in the above file.
6. The City Department of Community Development found the property to be categorically
exempt from the requirements of the City's SEPA Ordinance, and did not require the submittal of
an environmental checklist for the application.
7. The Hearing Examiner conducted a public hearing on the application on December 21,
2006; and conducted a site visit on December 21, 2006. The notice requirements for the public
hearing were met.
8. The Hearing Examiner heard the proposal pursuant to Chapter 10.35 of the City Municipal
Code, and the City Hearing Examiner Rules of Procedure.
HE Findings, Conclusions and Decision ZE-05A-00 Page 1
9. The following persons testified at the public hearing:
Karen Kendall,Assistant Planner Greg McCormick, Planning Manager
Spokane Valley Community Development Spokane Valley Community Development
Department, Planning Division Department, Planning Division
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
John Montgomery Arlo Huber
Attorney at Law 2819 S. Progress
2206 N Pines Road Veradale, WA 99137
Spokane Valley, WA 99206-4756
Cori Wright Greg Hicks
s
18512 E. Alki 18615 E. Alki
Spokane Valley, WA 99016 Greenacres, WA 99016
Alison Clark
18518 E. Alki
Greenacres, WA 99016
10. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
Interim Zoning Code, official zoning maps, Phase I Development Regulations, and Municipal
Code; former Spokane County Zoning Code; Spokane County Phase I Development Regulations;
other applicable development regulations; and prior land use decisions in the vicinity.
11. The record includes the documents in File Nos. ZE-05A-00 and ZE-5-00 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.
12. County Assessor records indicate the site to be approximately 2.11 acres in size. However,
the dimensions of the site on the County's Assessor's map establish the site to be at least 2.3 acres
in size.
13. The site is relatively flat in topography. A 2,400-square foot metal shop building is located
in the middle of the north end of the property; and a 1,152-square feet office/sales building is
located in the northeast corner of the site, approximately 6-8 feet from the east property line. See
existing conditions site plan submitted on 9-22-06, and drainage plan submitted in October of
2004.
14. The northerly 60% of the site is paved. A drainage pond, with a grassy swale and drywell,
are located in an unpaved area in the middle of the east p ortion of the site. The remainder of the
site has a gravel or unpaved surface. See existing site plan, 2005 aerial photo, ground photos of
site, and drainage plan dated October of 2004.
HE Findings, Conclusions and Decision ZE-05A-00 Page 2
15. The east, west and south boundaries of the site are screened with a six(6)-foot high cyclone
fence, with sight-obscuring slats. The north boundary of the site is fenced and gated with cyclone
fencing that is not sight-obscuring. Access to the site is limited to Broadway Avenue, at the
northeast corner of the site.
16. Five (5) feet of Type III landscaping is currently installed along the north boundary of the
site. Approximately 10-15 feet of the east and west property lines are landscaped with bark, grass
and maturing evergreen trees; which composition of landscaping does not meet the definition of
Type I landscaping.
17. The site is currently being used for the storage and sale of trailers, primarily for personal
use; including horse, utility, box and all light duty trailers. Light repair or modification of trailers
is also done on the site, primarily in the detached shop building. The hours of operation are
generally limited to weekdays and Saturdays, during normal sales hours. See change of condition
application.
18. Between mid-1986 and 1992, the site was used for an agricultural truck-hauling operation.
19. In 1990, the site was rezoned by Spokane County to the Light Industrial(I-2) zone; at the
request of Mark Huber, the site owner at the time. The rezone request was prompted by zoning
complaints submitted by neighboring property owners regarding the truck-hauling operation. See
decisions in File Nos. ZE-52-88 and ZE-5-00.
20. The 1990 rezone required 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 all boundaries of the
site.
21. On August 7, 1992, the zoning of the site reverted to the Urban Residential-3.5 (UR-3.5)
zone; due to abandonment of the truck hauling operation, and the terms of the 1992 rezone. The
landscaping and paving required by the 1990 rezone were never installed by Mark Huber. See
decision in 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 truck and automobile trailer sales, including the
display of 50-100 trailers. At the time, the site was vacant, unpaved, and improved with the
current storage building located on the site. The ro ert was also
p p y devoid of landscaping, except
for some large deciduous trees located along the borders of the property.
23. Mark Huber submitted a revised site plan, with an explanatory attachment, at the May 10,
2000 public hearing held on the rezone application. The revised site plan illustrated development
of the site for trailer sales in two (2) phases, with Phase I involving all but the south 120 feet of
the site.
24. Phase I of the 2000 revised site plan illustrated use of the existing building in the middle of
the north end of the site for a sales office, a paved area in the north end of the site for access to
HE Findings, Conclusions and Decision ZE-05A-00 Page 3
Broadway Avenue and the parking of 12 vehicles, a 38,000-square foot paved display area for
trailers located in the south portion of the Phase I area, and an existing gravel area located
between the display area and sales office.
25. Phase II of the 2000 revised site plan illustrated a 21,580-square foot "unpaved future area"
in the south 120 feet of the site, which was to remain unpaved until needed for additional trailer
display; a 35-foot front yard setback along the north and south property lines; and no access to
Alki Avenue. The attachment to the revised site plan indicated that seven(7) additional parking
spaces would be provided to meet parking requirements for the additional trailer display area
added in Phase II.
26. The 2000 revised site plan illustrated five (5) feet of Type III landscaping along the north
and south property lines, 15 feet of Type I landscaping along the east and west property lines of
the Phase I portion of the site plan, and a 6-foot high chain-link fence around the entire site.
27. At the May 10, 2000 hearing on the rezone application, Mark Huber indicated, through his
land use consultant, that he was willing to install 20 feet of Type I landscaping along the east and
west boundaries of the south 120 feet of the site, and 10-12 feet of Type I landscaping along the
remainder of the east and west boundaries, in lieu of installing 15 feet of Type I landscaping along
the entirety of such boundaries. See decision in File No. ZE-05-00.
28. The environmental checklist submitted for the 2000 rezone application indicated the
business hours.for the proposed use would be 9 to 5, Monday through Friday; and four (4) hours
during the day on Saturday. See decision in File No. ZE-05-00.
29. On June 12, 2000, the Hearing Examiner, sitting as County Hearing Examiner, approved a
rezone of the site to the I-2 zone under the County Zoning Code. The Examiner revised such
decision by letter on June 23, 2000, to partially accommodate a request for reconsideration
submitted by Mark Huber's land use consultant.
30. The 2000 rezone decision required the site to be developed in accordance with the revised
site plan of record submitted at the May 10, 2000 public hearing, subject to complying with the
conditions of approval attached to the rezone and applicable development regulations.
31. The 2000 rezone decision prohibited the use or development of the south 120 feet of the
site, and restricted use of the remainder of the site to the sale and display of truck and automobile
trailers; required all parking, storage and traveled areas on the site to be paved; prohibited access
and signage along Alki Avenue; and prohibited the use of loudspeakers on the site.
32. The 2000 rezone decision required all trailers and other storage on the site to be kept within
an enclosed building; or behind a sight-obscuring, non-pierced fence at least six (6) feet in height
and tall enough to screen the trailers and other storage from view at ground level.
33. The 2000 rezone decision required the installation of five (5) feet of Type III landscaping
along the north and south property lines of the site, 20 feet of Type I landscaping along the east
HE Findings, Conclusions and Decision ZE-05A-00 Page 4
•
and west boundaries of the south 120 feet of the site, and 15 feet of Type I landscaping along the
•
remainder of the east and west property lines.
•
34. The 2000 rezone decision, as revised by letter on June 23, 2000, allowed the landscaping
p g
required along the east and west boundaries of the south 120 feet to be eliminated, if the sight-
obscuring fencing required along the south boundary of the site was installed along the north edge
of the south 120 feet of the site; and also allowed the Type III landscaping required along the
south boundary of the site to be moved adjacent to the revised fencing location.
35. The body of the Examiner's 2000 rezone decision, on page 12, recognized that a more
compatible use for the south 120 feet of the site could be considered in the future, through the
submittal of a rezone application or change of conditions application. At the time of the 2000
rezone, the site was designated in the Urban category of the County Comprehensive Plan; which
category was intended primarily for urban residential uses, and not I-2 zone uses.
36. The I-2 zone of the County Zoning Code e re qurred all storage to be within an enclosed
building; or behind a sight-obscuring, "non-pierced" fence at least six(6) feet in height and tall
enough to screen all materials, products, equipment and vehicles from view at ground level. Such
screening could be waived; if adjoining properties were in an industrial zone or had existing
industrial uses, and the owner of the adjacent property did not object. See County Zoning Code
14.632.355.
37. The I-2 zone of the County Zoning Code required the installation of 20 feet of
Type I
landscaping adjacent to residentially zoned property, and five (5) feet of Type III landscaping
adjacent to public roads. See Section 14.806.040 of County Zoning Code.
38. The County Zoning Code authorized the County Division of Planning to modify the
landscaping required for a specific use; if the required landscaping would result in more than 15%
of the site being landscaped, and the landscaping and corresponding setbacks required were the
most beneficial to the public. See Section 14.806.080 of County Zoning Code. This did not
preclude a requirement for the imposition of more intense landscaping through the public hearing
process for a specific use.
39. The I-2 zone of the County Zoning Code, in pertinent part, imposed a side yard setback of
five (5) feet per story; and a front yard setback equal to the greater distance of 35 feet from the
lot front line, or 65 feet from the centerline of the adjacent road. See former County Zoning
Code.
40. Effective January 15, 2002, the County implemented a new Comprehensive Plan, County
Urban Growth Area(UGA) boundaries, and Phase I Development Regulations; pursuant to the
State Growth Management Act.
41. The County Phase I Development Regulations reclassified the zoning of certain properties
according to a crossover matrix; but preserved the conditions of approval and other special
HE Findings, Conclusions and Decision ZE-05A-00 Page 5
requirements established through past zoning actions, to the extent they were more restrictive
than the development standards of the new zone.
42. The new County Comprehensive Plan designated the site in the Low Density Residential
category of the Comprehensive Plan. The County Phase I Development Regulations reclassified
the zoning of the site to the Urban Residential-7* (UR-7) zone, but preserved the conditions of
approval of the 2000 rezone applicable to development of the site, and designated the site in the
County UGA.
43. The UR-7 zone of the County Zoning Code did not allow commercial or light industrial
uses, including use of the site for trailer sales. However, the UR-7* zoning of the site was subject
to the terms of the 2000 rezone. This included authorizing and limiting the use of the site to the
sale and display of truck and automobile trailers, and compliance with the conditions of approval
of the 2000 rezone applicable to such use and the site.
44. On March 31, 2003, the City of Spokane Valley was incorporated,which included the site
and neighboring land. On the same date, the City adopted by reference, as City land use controls,
the County's Comprehensive Plan, Zoning Code, Phase I Development Regulations, Zoning Map
and other development regulations, with certain revisions.
45. On March 31, 2003, the site was designated in the Low Density Residential category of the
City Interim Comprehensive Plan zoning of the site; and the zoning of the site was converted to
the UR-7* zone of the City Zoning Code, subject to the limitations and conditions of approval
imposed by the 2000 rezone of the site.
46. The City Phase I Development Regulations limit the density(net) of new residential
development on land designated in the Low Density Residential category of the Comprehensive
Plan, and rezoned to the UR-7 under such regulations, to six(6) dwelling units per acre. Such
zoning is referenced as "UR-7*". The UR-7 zone otherwise permits a density of seven(7)
dwelling units per acre.
47. The UR-7 zone permits the development of single-family homes, duplexes, multi-family
dwellings and certain other uses; and generally prohibits industrial and commercial uses.
48. The UR-7 zone requires the installation of a 6-foot high sight-obscuring fence, wall or solid
landscaping along the border of any UR-7 zone that abuts private land zoned UR-3.5. The UR-
7* zone, in pertinent part, imposes a side yard setback of five(5) feet per story, and a front yard
setback of 15-20 feet.
49. In July of 2003, the City of Spokane Valley issued a building permit for the office building
located in the northeast portion of the site. See testimony of Karen Kendall. A drainage plan was
submitted for the revision in October of 2004. The location of the building 10 feet from the east
property line of the site is inconsistent with the 15 feet of Type I landscaping required to be
installed along the east property line by the 2000 rezone.
HE Findings, Conclusions and Decision ZE-05A-00 Page 6
50. In December of 2004, the City amended the development standards of the I-2 zone, in
pertinent part, to establish a front yard setback of 35 feet, and a side yard setback adjacent to
residential zoning of five (5) feet.
51. The use of the site after the 2000 rezone did not comply with the conditions of the rezone in
several respects; i.e. the entire site was used for the trailer sales, the south 80 feet of the display
area in the Phase I portion of the revised site plan was not
the site that was used without authority), sight-obscuring fencing (as not installed along the north
Y)' g g g
boundary of the site, no landscaping was installed along the south boundary, g
ary, the landscaping
installed along the east and west boundaries did not meet the criteria for Type I landscaping, and
the 1,152-square foot building on the site was placed within the required 15-feet of Type I
landscaping (6-8 feet from the east property line).
52. On May 10, 2006, the City implemented a new Comprehensive Plan, pursuant to City
Ordinance No. 06-010. The City Phase I Development Regulations were updated to implement
the new Comprehensive Plan, pursuant to City Ordinance No. 06-011; but continued to preserve
the enforceability of conditions of approval or other special requirements established by prior
rezones.
53. The City Comprehensive Plan designates the site and the land lying northeast of the site in
the Corridor Mixed Use category of the Comprehensive Plan; and designates the other land lying
adjacent to or near the site in the Low Density Residential category of the Comprehensive Plan.
54. Pursuant to complaints by neighboring property owners and a code violation investigation
ation
by the City, the applicant recently reduced, but did not eliminate, use of the south 120 feet of the
site for trailer sales; and submitted the current change of conditions application.
55. The land located adjacent to or near the site to the east and west is zoned UR-3.5, and
consists of single-family homes on acreage parcels. The land lying south of the site across Alki
Street, and the land lying northwest of the site across Broadway Avenue, is zoned UR-3.5 and
generally
consists of single-family le-f a r
1 Y homes s
on
parcels ranging from one-fourth(1/4) acre to one(1)
acre in size.
56. The land lying north and northeast of the site, across Broadway Avenue, is zoned B-3 and
has been used in the past for a manufactured homes display and sales business. The applicant
recently leased a portion of such land for its trailer sales business, after being required to vacate
use of the south 120 feet of the site for such business.
57. The City Arterial Road Plan designates Broadway Avenue along the frontage of the site,
and between the site and Barker Road to the east, as an Urban Minor Arterial; and designates
Barker Road and Appleway Avenue in the vicinity as Urban Principal Arterials.
58. Broadway Avenue has a right of way width of 60 feet, and is paved and curbed along the
frontage of the site east to Barker Road. Alki Avenue is a paved road within a 60-foot right of
way, and lacks sidewalks.
HE Findings, Conclusions and Decision ZE-05A-0.0 Page 7
59. The site lies southwesterly of the Interstate 90/Barker Road freeway interchange, and lies
a varying distance of 250-300 feet south of the westbound freeway off-ramp for the interchange.
The site is visible from the travel lanes for I-90,which lie 400-500 feet north of the site.
60. The owners (Greg and Sue Hicks) of a 1-acre parcel that borders the entire length of the site
on the east, and the owners of parcels located south of the site and Alki Avenue, expressed
opposition to the proposed change of conditions; including such concerns as impacts to the safety
of children and horses along resulting from semi-truck travel along Alki Road, failure of the site
owner to install landscaping or a sight-obscuring fencing along the north boundary of the site,
conflicts of the proposed use with residential neighborhood, parking of semi-trailers and trailer
sales and storage in the south 120 feet of the site in violation of the conditions of the prior rezone
of the site, increased noise and dust, lack of paving on portions of the site used for trailer storage
and sales, deposition of contaminated soils in south portion of site, and damage to Broadway
Avenue from unloading trailers on the site.
61. The Spokane County Air Pollution Control Authority(SCAPCA) recommended that all
traveled surfaces on the site (including ingress, egress, parking areas and access roads) be paved
and kept clean, to minimize dust emissions. The Spokane Tribe of Indians requested an
archaeological survey of the site, but did not establish that the site contained or was likely to
contain archaeological sites or native Indian cultural resources.
62. The staff report submitted by the City Planning Division recommended deletion of County
Planning condition#11 of the 2000 rezone, which prohibited any use from being developed on the
south 120 feet of the site "...subject to increased and properly installed landscaping." The
conditions of approval recommended by the staff report provided for deletion of that portion of
condition#12 of the 2000 rezone that required the installation of 20 feet of Type I landscaping
"...along the south 120 feet of the site...".
63. The staff report submitted by the City Planning Division also recommended condition of
approvals requiring the applicant to submit a landscaping plan for required landscaping along the
p g g
west, east and south borders of the site; a requirement that such landscaping be installed within six
(6) months; and a requirement that the change of conditions become null and void if the required
landscaping was not installed within such time period.
64. The City Planning Division indicated that a grading permit, and compliance with drainage
requirements, would be required for the paving of the south portion of the site.
65. The applicant, Arlo Huber, indicated at the public hearing that he preferred not to pave the
south portion of the site for trailer sales and storage, but would do so if required. The applicant
also requested that the change of conditions not automatically become null and void if the
applicant was found not to be in compliance with landscaping requirements, or other conditions of
approval, without prior notice and an opportunity to be heard.
BE Findings, Conclusions and Decision ZE-05A-00 Page 8
66. The Comprehensive Plan states that the Corridor Mixed Use category is intended to
enhance travel options, encourage development of locally serving commercial uses,multi-family
apartments, lodging and offices along major transportation corridors identified by the
Comprehensive Plan; recognizes the historical low-intensity, auto-dependent development pattern
of areas included in such category; and focuses on a pedestrian orientation, with an emphasis on
aesthetics and design. See policies LUP-9.1 and LUP-9.2 of Comprehensive Plan.
67. Policy NP-2.9 of the Comprehensive Plan recommends that retail developments be
integrated into surrounding neighborhoods through attention to quality design and function.
Policy NP-3.3 encourages commercial development that is designed and scaled in a manner that is
compatible with surrounding neighborhoods.
68. The land lying across Broadway Avenue from the site is zoned B-3, is being leased for
trailer sales by the applicant, and has been used in the past for manufactured home park display
and sales. Since such uses are permitted uses in the I-2 zone, they can be considered"industrial
uses"within the meaning of City Zoning Code 14.632.355. Private land does not abut the site on
the north, and the owner(s) of the land lying northerly of the site across Broadway Avenue did not
comment on the proposed change of conditions.
69. Under the above circumstances, the storage standards of the I-2 zone, under the former
County Zoning Code, or under the current City Interim Zoning Code, do not require the
installation of a 6-foot high sight-obscuring fence along the north boundary of the site. See
Zoning Code 14.632.355.
70. The installation of sight-obscuring fencing along the north property line of the site would
significantly impair the utility of the site for trailer display and sales, since such use would lose its
visibility from Broadway Avenue and Interstate 90. Further, sight-obscuring fencing is not
needed along the north boundary of the site to buffer adjacent residential property.
71. The use of the site for trailer display and sales is a relatively low-intensity light
industrial/commercial use. Accordingly, it is appropriate to allow the applicant to use the south
120 feet for trailer display and sales, and to limit the amount of Type I landscaping required along
the east and west boundaries of the site so that it does not exceed 15% of the site.
72. To buffer adjacent and nearby residential uses, the existing 6-foot high sight-obscuring
fencing installed along the east, west and south property lines of the site must be maintained; and
all traveled areas of the site must be paved. The record indicates that trailers are constantly being
moved on and off the site typical of a sales business.
73. The installation of 15 feet of Type I landscaping along the east and west boundaries of the
site, and the installation of five (5) feet of Type III landscaping along the north and south
boundaries of the site (less the area along the north and south boundaries of the site encompassed
by Type I landscaping) would together encumber approximately 15% of the site.
HE Findings, Conclusions and Decision ZE-05A-00 Page 9
74. If the Type I landscaping along the east and west boundaries 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 boundaries of the site could be reduced to a width of 13 feet in order to meet the 15%
ratio of required landscaping to site area.
Based on the above findings of fact, the Hearing Examiner enters the following:
H. CONCLUSIONS OF LAW
1. The site is currently zoned Urban Residential-7* (UR-7*) zone. However, such zoning is
subject to the terms and conditions of the 2000 rezone of the site. This includes (a) a limitation
on the use of the site to the sale and display of truck and automobile trailer sales, as originally
proposed; (b) development of the site in accordance with the revised site plan submitted on May
10, 2000, subject to the conditions of approval imposed by the 2000 rezone; and(c) improvement
of the site under the development standards of the I-2 zone of the City Zoning Code, as amended;
subject to the conditions of approval imposed by the 2000 rezone.
2. The change of conditions application requested elimination of the 120-foot wide use setback
imposed along the south property line of the site by the 2000 rezone, and unspecified modification
of the landscaping required in the setback area by the 2000 rezone.
€ 3. Section 14.504.040 of the City Zoning Code requires any significant alteration to the
approved site development plan for a prior zone reclassification, or any change to the conditions
of approval imposed by a prior rezone to be approved by the City Hearing Examiner through the
public hearing process.
4. The City Zoning Code and the City Hearing Examiner Ordinance do not establish any
specific criteria for the approval of a change of conditions application for a prior rezone.
5. A change of conditions application is not a rezone request, since the zone itself is not being
changed; only the conditions of approval and/or a site plan development lan that control use of the
P
zone. Rezone criteria does, however, provide guidance for approving a change of conditions
application.
6. Under City Zoning Code 14.402.020(1), a site-specific rezone may be approved if it is
consistent with the Comprehensive Plan and it is not detrimental to the public welfare.
7. Under Washington case law, (1) there is no presumption in favor of a rezone, (2) the applicant
for the rezone has the burden of proving 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.
8. In applying the changed circumstances test, Washington courts have looked at a variety of
factors; including changed public opinion, changes in land use patterns in the area of the rezone
HE Findings, Conclusions and Decision ZE-05A-00 Page 10
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.
9. Recent Washington cases hold that proof of changed circumstances is not required if the
proposed rezone implements the comprehensive plan. Washington courts recognize that a local
comprehensive plan provides guidance to the hearing body in making a rezone decision.
10. The City Phase I Development Regulations require all rezones to be consistent with the
implementing zone(s) for the Comprehensive Plan land use designation that applies to the
property. The I-2 zone is an implementing zone for the Corridor Mixed Use category in which
the site is designated; along with the Urban Residential-12 (UR-12), Urban Residential (UR-22),
Neighborhood Business (B-1) and Community Business (B-2) zones.
11. The recent designation of the site in the Corridor Mixed Use category of the
Comprehensive Plan, and the relatively low intensity of the trailer sales and display use on the site,
supports removing the 120-foot use setback imposed along the south property line of the site by
the 2000 rezone, and reducing the width of the Type I landscaping required along the east and
south property lines by the 2000 rezone, and the I-2 zone, so that no more than 15% of the site is
in required landscaping.
12. The change of conditions application did not request any modification to County Division of
Planning condition#13 of the 2000 rezone decision;which required all parking, storage, display
and traveled areas on the site to be paved. Accordingly, such condition cannot be modified.
Further, such condition is necessary to mitigate dust and noise impacts from the trailer display and
sales use on neighboring residential properties.
13. The conditions of approval recommended by SCAPCA should be imposed; provided, the
paving of all traveled surfaces should be required rather than recommended.
14. A condition of approval should be added that requires the applicant to immediately cease all
on-site construction, and to promptly notify the City of Spokane Valley Community Development
Department, upon the discovery of potential or known archaeological resources on the subject
property.
15, Approval of the change of conditions application, as conditioned by the Examiner, is
consistent with the Comprehensive Plan; and bears a substantial relationship to, and/or will not be
detrimental to, the public health, safety or welfare.
16. The County Division of Planning conditions imposed by the 2000 rezone, as modified and
updated by the Examiner, should be restated as City Planning Division conditions of approval for
the purpose of clarity.
17. Approval of the change of conditions applications, as modified by the Examiner, is
appropriate under Section 14.504.040 of the City Interim Zoning Code, and under Chapter 10.35
of the City Municipal Code.
HE Findings, Conclusions and Decision ZE-05A-00 Page 11
18. Chapter 10.35 of the City Municipal Code does not address the appeal path for a change of
conditions application pertaining to a prior rezone of property. Accordingly, the appeal of such
change of conditions should follow the appeal path for a zone reclassification, i.e. to the City
Council.
III. DECISION
Based on the Findings of Fact and Conclusions of Law above, the above application for a
change of conditions application, is hereby approved; subject to replacement of the Spokane
County Division of Planning conditions of approval imposed by the June 12, 2000 rezone of the
site in File No. ZE-05-00 with the following conditions of approval of the City of Spokane Valley
Planning Division; and subject to the addition of the conditions of approval of the Spokane
County Air Pollution Control Authority specified below. All other conditions of approval
imposed by the 2000 rezone of the site shall continue to apply to the site.
Any significant changes below to the County Division of Planning conditions imposed by the
2000 rezone are italicized.
Revised Conditions of Approval
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-PLANNING
DIVISION
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.
2. The 2000 zone change and the current change of conditions application apply to the
following real property: "Lot 1 in Block 9 of Corbin
Addition to Greenacres, lying southeasterly
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of the County Road survey of Highway 90, except the west 319 feet of said lot." Such property
is currently referenced as County Assessor's tax parcel no. 55184.0912.
3. Development of the site shall comply with the Light Industrial(I-2) zone of the City of
Spokane Valley Interim Zoning Code, and all other applicable provisions of the City Interim
Zoning Code, as amended.
4. The applicant shall develop the subject property in substantial conformance with the site
plan submitted as Exhibit D at the public hearing held on May 10, 2000, in File No. ZE-5-00;
subject to allowance of the modified site improvements illustrated on the site plan submitted on
September 22, 2006 in File No. ZE-05A-00; and subject to compliance with conditions of
approval and applicable development regulations. Variations may only be approved in
accordance with Section 14.504.040 of the City Interim Zoning Code, and must be consistent
with conditions of approval, the City Interim Zoning Code and other applicable development
regulations.
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5. Approval is required from the City Planning Division of a specific lighting and signing plan
for the property, prior to the release of any building permit.
6. Direct light from any exterior area lighting fixture shall not extend over the property
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boundary, and shall be directed away from adjoining properties.
7. Use of the site shall be limited to the sale and display of truck and automobile trailers, as
proposed by the applicant.
8. At least fifteen (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 remainder of the east and west boundaries of
the site.
9. At least 5 feet of Type III landscaping shall be installed and maintained along Broadway
Avenue and Alki Avenue.
10. A landscape plan shall be submitted pursuant to Chapter 14.806 of the City Interim
Zoning Code,for the installation of the landscaping required along the east and west property
lines, and along the south property line adjacent to Alki Avenue.
11. A 6-foot high, sight-obscuring fence shall be maintained along the east, west and south
boundaries of the site. A sight-obscuring fence is not required along the north property line.
12. All parking, storage, display and traveled areas on the site shall be paved.
13. No outside loudspeakers shall be operated on the site.
14. Signage for the business is prohibited along Alki Avenue.
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 unpaved.
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.
17. Upon any discovery of potential or known archaeological resources at the subject property
prior to or during future on-site construction, the developer, contractor, and/or any other parties
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involved in construction shall immediately cease all on-site construction, shall act to protect the
potential or known historical and cultural resources area from outside intrusion, and shall
notify, within a maximum period of twenty-four(24) hours from the time of discovery, the City of
Spokane Valley Community Development Department of said discovery.
18. The City Planning Division 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 City Division of Planning. The Title Notice shall generally provide as
follows:
"The parcel of property legally described as "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"is the subject of a land use action by the City of Spokane Valley
Hearing Examiner on February 23, 2007, approving a change of conditions to a prior
rezone of the site, and imposing a variety of special development conditions. File No.
ZE-05A-00, relating to such approval, is available for inspection and copying in the City
of Spokane Valley Planning Division."
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1. Dust emissions during demolition, construction, and excavation projects shall be controlled.
Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers
or suspension of activity during certain weather conditions.
2. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto
paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately
to clean these surfaces.
3. Debris generated as a result of this project shall be disposed of by means other than burning.
4. All traveled surfaces (i.e. ingress, egress, parking areas, access roads, etc.) shall be paved
and kept clean to minimize dust emissions.
5. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
6. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
7. A Notice of Construction and Application for Approval is required to be submitted and
approved by SCAPCA prior to the construction, installation, or establishment of an air pollution
source. This includes emergency generators rated at 500 hp (375 kW) or higher, natural gas
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heating equipment units rated at 4 MMBTU/hr or higher(input), and heating equipment units
fired with other fuels (e.g. diesel) rated at 1 MMBTU/hr(input) or higher. The applicant shall
contact SCAPCA for a Notice of Application.
8. A Notice of Intent must be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application.
DATED this 23rd day of February, 2007
CITY
HEARING EXAMINER PRO TEM
Mich.-1C. Dempsey, WSBA#823,
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Section 10.35.150 of the City of Spokane Valley Municipal Code (SVMC), as
amended, the decision of the Hearing Examiner on an application for a change of condition to a
prior zone reclassification of property is final and conclusive unless within fourteen (14) calendar
days from the Examiner's written decision, a party with standing files an appeal of the decision
with the City Council of the City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, in
Spokane Valley, Washington; in accordance with all the requirements of SVMC #10.35.150.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on February 23, 2007. THE APPEAL CLOSING DATE IS MARCH
MARCH 9, 2007.
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, (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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