REZ-24-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification )
from Neighborhood Business (B-1) to ) FINDINGS OF FACT,
Regional Commercial (B-3); ) CONCLUSIONS OF LAW,
Applicant: Dwight Hume ) AND DECISION
File No. REZ-24-04 )
)
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone from the B-1 zone to the B-3 zone.
Summary of Decision: Approval, subject to conditions.
II. FINDINGS OF FACT
1. The subject application seeks approval of a zone reclassification from the Neighborhood
Business (13-1) zone to the Regional Commercial (B-3) zone; on approximately 2.18 acres of land,
for the development of unspecified commercial uses.
2. The site is located at the northeast corner of the intersection of Sprague Avenue and Pines
Road (State Route No. 27), southwest of and adjacent to the intersection of Riverside Avenue
and Houk Road; in the NE 1/4 of Section 15, Township 25 North, Range 44 East, Willamette
Meridian, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45153.3311; and is
addressed at 10 North Pines Road, Spokane Valley, Washington. The site is legally described in
the project file.
4. The applicant is Dwight Hume, 9101 N Mountain View Lane, Spokane, Washington
99218-2140. The site owner is Harlan Douglass, 815 E. Rosewood, Spokane, Washington
99208-5599.
5. On November 24, 2004, the applicant submitted a complete application for a zone
reclassification to the City of Spokane Valley Department of Community Development, Planning
Division ("City Planning Division"), in File No. REZ-24-04.
6. On February 11, 2005, the City Planning Division issued a Mitigated Determination of
Nonsignificance (MDNS) for the proposed rezone. The MDNS was not appealed.
7. The Hearing Examiner conducted a public hearing on the proposal on March 10, 2005. The
requirements for notice of public hearing were met. The Examiner made a site visit on March
10, 2005.
HE Findings, Conclusions and Decision REZ-24-04 Page 1
8. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 03-57, as
amended by City Ordinance Nos. 03-081 and 04-012; and the City Hearing Examiner Rules of
Procedure.
9. The following persons testified at the public hearing:
Heather Kauer, Planning Technician Dwight Hume
Spokane Valley Community Development 9101 N Mountain View Lane
Department, Planning Division Spokane, WA 99218-2140
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code,
City Phase I Development Regulations, City Standards for Road and Sewer Construction, City
official zoning maps for the area, other applicable development regulations, and prior land use
decisions in the vicinity.
11. The record includes the documents in File No. REZ-24-04 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. The site is approximately 2.18 acres in size, rectangular in shape, and relatively flat in
topography. The site is currently improved with a 41,914-square foot building, which was
previously used as a grocery store but is currently vacant. The grocery store was developed in
1977. Paved parking is found on the site west and south of the building, and a truck loading
dock and associated enclosure is attached to the west side of the building. .
13. Landscaping strips are located along the north and east borders of the site, which has not
been fully maintained. Perimeter fencing is found along the borders of the north, south and east
borders of the property. Accesses to Sprague Avenue and Riverside Avenue are provided at the
corners of the site.
14. The 1.4-acre parcel of land lying directly west of the site contains additional parking for the
grocery store that previously existed on the site. A 50-foot wide and 155-foot long extension of
such parcel to Pines Road provides access to the site from Pines Road. A 2-story office building
is located on a parcel of land lying directly north of such extension, adjacent to Pines Road; and a
restaurant is located on a parcel lying directly south of such extension, at the northeast corner of
Pines Road and Sprague Avenue.
15. The site plan submitted on December 15, 2004 is essentially a copy of the site plan
submitted for a front yard setback variance issued by Spokane County for the site in 1989, to
allow the enclosure of an existing loading dock 33 feet 4 inches from Houk Road. See County
Zoning Adjustor decision in File No. VE-47-89. The site plan generally illustrates the existing
improvements on the site.
HE Findings, Conclusions and Decision REZ-24-04 Page 2
16. Effective January 1, 1991, the zoning of the site was reclassified to the B-1 zone, pursuant
to the Program to Implement the Spokane County Zoning Code. In the same zoning actions, the
parcels of land located between the site and Pines Road were reclassified to the B-3 zone.
17. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area (UGA)boundaries and Phase I Development Regulations,pursuant to the
State Growth Management Act. See County Resolution Nos. 2-0037 and 2-0470.
18. The County Comprehensive Plan designated the site and neighboring properties in the
Regional Commercial category; except the land lying north and northeast of the east two-thirds
of the site, which land was designated in the Low Density Residential category.
19. The County Phase I Development Regulations retained the B-1 zoning of the site and the
land lying north and northwest of the west one-third of the site; retained the B-3 zoning of the
land lying east, west and south of the site; retained the B-1 zoning of the parcel lying northeast of
the site; retained the UR-22 zoning of the land lying north of the east two-thirds of the site; and
designated the site in the area in the County UGA.
20. On March 31, 2003, the City of Spokane Valley was incorporated,which includes the
subject property and surrounding 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 and other development regulations, with certain revisions.
21. The City Comprehensive Plan("Comprehensive Plan") retained the land use designations
established under the County Comprehensive Plan for the site and neighboring land. The City
Phase I Development Regulations retained the zoning of the site and neighboring land
established under the County Phase I Development Regulations.
22. The land abutting Sprague Avenue in the area s dominated by B-3 zoning and intensive
commercial uses. The B-1 zone lying north and northwest of the site is currently vacant and
owned by a church. Some multi-family development and UR-22 zoning is found north and
northeast of the site.
23. The City Arterial Road Plan designates Sprague Avenue in the area as an Urban Principal
Arterial. Such road is improved to a 5-lane road section, including center turn lane. Pines Road
(SR-27) is a state highway that is improved to a 5-lane section, and is dominated by commercial
uses in the vicinity.
23. No public comments were submitted with regard to the proposal. The applicant has no
current intention to improve the site, and intends to use existing utilities and drainage controls on
the site.
24. Pertinent policies of the Comprehensive Plan for land designated Major Commercial are
listed in the Staff Report. In addition, Policy UL.13.4 of the Comprehensive Plan recommends
that the City develop and maintain comprehensive design standards and a design review process
HE Findings, Conclusions and Decision REZ-24-04 Page 3
to ensure that commercial projects are developed with minimal impact on the environment, are
complimentary and compatible with related community appearance and design, and assure
pedestrian as well as vehicular access.
25. The City has not adopted any standards besides the County Zoning Code to implement
policies of the Comprehensive Plan, or established a design review process or a design review
board.
26. The concurrency requirements of the Phase I Development Regulations require the
availability of public sewer and water, if the site is rezoned. The public water and sewer
purveyors indicated that such services are available to serve the proposed rezone.
27. Proposed rezones without a site plan for future development are not subject to the
transportation concurrency requirements under the Phase I Development Regulations. City
Public Works Department conditions of approval require traffic concurrency to be established at
the time of building permit or future land use action. The proposal meets the sewer, water and
transportation concurrency requirements of the Phase I Development Regulations.
28. The City Phase I Development Regulations require all zone reclassifications to be
consistent with the implementing zones specified in such regulations for the Comprehensive Plan
designations that apply to the subject property. The only implementing zone for the Regional
Commercial category, in which the site is designated, is the B-3 zone
29. The purpose of the B-3 zone is to provide for the location of a wide range of retail and
service activities;which often require large areas for customer parking, retail service, some
outside activities, display and other commercial activities; and often draw customers from the
county at large as well as outlying areas.
30. City Planning in the Staff Report indicated that the site does not meet the current
landscaping requirements of the B-3 zone. The Staff Report recommended that the applicant be
required to maintain the perimeter landscaping along the east and north borders of the site, install
or repair a sprinkling system for the landscaping along the east border, alter the landscaping
along the north property boundary to provide adequate sight distance along Riverside Avenue,
and install landscaping meeting the requirements of Zoning Code Chapter 14.802 for any
alterations to the existing building or new occupancy.
31. The applicant indicated that the site owner was willing to restore and maintain the existing
landscaping along the north and east boundaries of the site,but was unwilling to bring the site
into compliance with the perimeter and parking lot landscaping requirements of the B-3 zone for
any and all changes in the existing building or occupancy.
32. Section 14.802.020 addresses application of the landscaping requirements for parking areas
set forth in Section 14.802.220 of the Zoning Code, and Section 14.806.020 addresses
application of the perimeter landscaping requirements set forth in Section 14.806.040 of the
Zoning Code. Since the applicant is not proposing any new development of the property under
HE Findings, Conclusions and Decision REZ-24-04 Page 4
the rezone application, it is unnecessary for the Examiner to specifically address such
requirements in the current decision. The applicant should be required to restore and maintain
the existing landscaping located along the north and east property lines, including addressing
sight distance concerns along Riverside Avenue and the north boundary of the site.
33. Avista Utilities requested that the applicant provide a 22-foot wide utility strip "...along
that portion of the private drive that abuts up to an connects with Pine Road", and also requested
that a 10-foot wide easement be provided along the west boundary of Houk Road adjacent to the
east boundary of the site, as part of the "plat process". The applicant objected to such requests,
since no changes were being proposed on the site, Avista Utilities demonstrated no need for the
easements to serve the site, and the property is not being platted. The Examiner agrees with the
applicant's position, and has not imposed such conditions in the rezone approval.
34. The Staff Report found the proposed rezone, as conditioned, to be consistent with the
Comprehensive Plan, and recommended approval of the proposal. The Examiner concurs with
the analysis in the Staff Report, as qualified above.
35. No public agencies objected to the proposal or its environmental impact. The proposed
rezone will not have more than a moderate effect on the quality of the environment, and will be
reasonably compatible with neighboring land uses.
36. Changed conditions have occurred in the area since the zoning of the site was reclassified
to the B-1 zone in 1991. This includes road improvements to Sprague Avenue and Pines Road,
incorporation of the City of Spokane Valley, adoption of the City Comprehensive Plan and City
Phase I Development Regulations, and the intensification of commercial development along
Sprague Avenue and Pines Road in the vicinity.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed zone reclassification conforms to the City Comprehensive Plan.
2. The proposed rezone bears a substantial relationship, and will not be detrimental, to the
public health, safety or welfare.
3. A substantial change in economic, technological, or land use conditions has occurred in the
area to warrant approval of the proposed rezone.
4. The proposed rezone complies with the City Zoning Code and other applicable
development regulations.
5. The proposed rezone, as conditioned, meets the criteria established by Washington case law
HE Findings, Conclusions and Decision REZ-24-04 Page 5
for approving a rezone, and the criteria established in paragraphs 14.402.020 (1)(2) of the City
Zoning Code for amending the City official zoning map.
6. The procedural requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met. The proposal, as conditioned, will not have a
significant, probable adverse impact on the environment.
7. Approval of the zone reclassification is appropriate under Chapter 14.402.020 of the City
Zoning Code, and under City Ordinance No. 03-57, as amended by City Ordinance No. 03-081
and 4-012.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
zone reclassification to the Regional Business (B-3) zone is hereby approved, subject to the
conditions of the various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
Failure to comply with the conditions of this approval may result in revocation of this
approval by the Hearing Examiner. This approval does not waive the applicant's obligation to
comply with all other requirements of other public agencies with jurisdiction over land
development.
CONDITIONS OF APPROVAL
A. General
The following are general conditions of approval that apply to REZ-24-04:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT PLANNING
DIVISION:
1. The landscaping strips along the east and north sides of the property shall be maintained by
replacing any dead plants and installing new or repairing existing sprinkler systems prior to
building permit, pursuant to Chapter 14.802.220.9 of the Spokane Valley Interim Zoning Code
("Zoning Code"). Pursuant to Chapter 14.810 of the Zoning Code, those plantings that are
detrimental to sight-distance for automobiles along Riverside Avenue per chapter shall be
trimmed or removed prior to issuance of any new building permits on the property, and
continually maintained to prevent any further sight-distance issues.
HE Findings, Conclusions and Decision REZ-24-04 Page 6
2. Compliance with the landscaping requirements of Section 14.806.040 and 14.802.220 of
the Zoning Code shall be subject to the applicability requirements of Section 14.806.030 and
14.802.020 of the Zoning Code, respectively.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT
1. The City of Spokane Valley reserves the right to require a trip distribution and generation
letter for any internal changes to a more intense building use allowed by this rezone.
2. All other conditions are deferred until building permit application or land subdivision.
SPOKANE REGIONAL HEALTH DISTRICT
1. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
2. Water service shall be coordinated through the Director of Utilities, Spokane County.
3. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
4. A public sewer system will be made available for the plat and individual service will be
provided to each lot prior to sale. The use of individual on-site sewage disposal systems shall not
be authorized.
5. The use of private wells and water systems is prohibited.
SPOKANE COUNTY DIVISION OF UTILITIES
1. Facilities on the site are currently connected to sewer; however, depending on the nature of
the new use and or expansion, additional facilities may also need to be connected. Commercial
developments shall submit historical and or estimated water usage prior to the finalization of the
project, in order to establish sewer fees.
2. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
HE Findings, Conclusions and Decision REZ-24-04 Page 7
DATED this 17th day of March, 2005
CITY HEARING EXAMINER PRO TEM
i#f '4
iry
Michael C. Dempsey, WSBA#8235,,
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 03-57, as amended by Ordinance Nos.
03-081 and 04-012, the decision of the Hearing Examiner on an application for a zone
reclassification is final and conclusive unless within fourteen(14) calendar days from the
Examiner's written decision, a party of record aggrieved by such decision files an appeal with the
City Council of the City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane
Valley, Washington.
This decision was mailed by certified mail to the Applicant, and by first class mail to
other parties of record, on March 17, 2005. THE APPEAL CLOSING DATE IS MARCH 3L
2005.
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. 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.
HE Findings, Conclusions and Decision REZ-24-04 Page 8