REZ-19-03 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Rezone from the Urban )
Urban Residential-3.5 (UR-3.5)Zone to ) FINDINGS OF FACT,
the Community Business (B-2)Zone; ) CONCLUSIONS OF LAW,
Applicant: Tom Clark ) AND DECISION
File No. REZ-19-03 )
This matter coming on for public hearing on February 12, 2004, the Hearing Examiner,
after review of the subject application and the entire record, and finding good cause therefore,
hereby makes the following findings of fact, conclusions of law and decision:
I. FINDINGS OF FACT
1. The subject application seeks approval of a zone reclassification from the Urban
Residential-3.5 (UR-3.5) zone to the Community Business (B-2)zone, on approximately 1.15
acres of land, for unspecified uses.
2. The site is located along the west side of Evergreen Road, approximately 980 feet north of
its intersection with Broadway Avenue, 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. 45151.1213; and is
addressed at 1117 N. Evergreen, Spokane Valley,Washington. The site is legally described on
the site plan submitted by the applicant on October 29, 2003.
4. The applicant is Tom Clark, 10807 E. Montgomery, Suite 3, Spokane Valley, Washington
99206. The site owner is Richard Malone, 1117 N. Evergreen, Spokane Valley, Washington
99206.
5. On October 29, 2003, the applicant submitted a complete application for a zone
reclassification to the City of Spokane Valley Department of Community Development, in File
No. REZ-19-03.
6. On January 26, 2004, the Department of Community Development 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 February 12, 2004;
and conducted a site visit prior to the hearing on the same date. The requirements for notice of
public hearing were met.
8. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 57, as amended
by City Ordinance 3-081, and the City Hearing Examiner Rules of Procedure.
HE Findings, Conclusions and Decision REZ-19-03 Page 1
9. The following persons testified at the public hearing:
Micki Harnois
Depai lment of Community Development
City of Spokane Valley
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 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-19-03 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 subject property is approximately 1.15 acres in size, generally rectangular in shape and
relatively flat in topography. The site is improved with a single-family residence with an
attached garage. A swimming pool with a concrete patio is located behind the existing house. A
group of trees and dense brush are located in the center of the lot, and dense brush is also found
along the south property line.
13. The site plan submitted on October 29, 2003 illustrates the existing improvements on the
site. The home and pool would likely be removed for site development.
14. Effective January 1, 1991, the zoning of the site was reclassified from its zoning under the
now expired County Zoning Ordinance to the Urban Residential-3.5 (UR-3.5) zone,pursuant to
the Program to Implement the Spokane County Zoning Code.
15. 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.
16. The County Phase I Development Regulations designate the site and neighboring land
within the UGA, and did not reclassify the zoning of the site or the land in the vicinity.
17. The County Comprehensive Plan designated the site and the land in the vicinity located
along the west side of Evergreen Road in the Mixed Use category. Such plan designated the land
lying west of such land, and the land in the area located east of Evergreen Road, in the Low
Density Residential category County Comprehensive Plan. The County Comprehensive Plan
designated land located further to the north,between Sinto Avenue and the Interstate 90 freeway,
in the Regional Commercial category.
HE Findings, Conclusions and Decision REZ-19-03 Page 2
18. On March 31, 2003, the City of Spokane Valley was incorporated, which included 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. .
19. The City Comprehensive Plan("Comprehensive Plan")retained the land use designations
established under the Comprehensive Plan for the land in the area within the city limits. The
City Phase I Development Regulations retained the zoning of the site and neighboring land, as
established under the County Phase I Development Regulations.
20. The land abutting the site on the north and south are zoned UR-22 and developed with
medical or professional offices, through County rezones approved in 2002 and 2000 respectively.
See decisions in File Nos. ZE-08-02 and ZE-10-99. Further to the north, along the north side of
Evergreen Road, is found a retirement complex on land rezoned to the UR-22 zone through
various zoning actions in the late 1990's.
21. Single-family homes on land zoned UR-3.5 dominate the land lying west of the site and the
land zoned UR-22 to the north, while single-family dwellings on land zoned UR-3.5 and UR-7
dominate the land located along the east side of Evergreen Road in the vicinity. The Spokane
Valley mall and other intensive commercial and zoning are found north of Interstate 90 in the
area.
22. The City Comprehensive Plan designates Evergreen Road as an Urban Principal Arterial,
Broadway to the south as an Urban Principal Arterial, and Mission Avenue to the north as a
Minor Arterial. The Interstate 90 freeway interchange is located less than one-half(1/2) mile
north of the subject property. Evergreen Road in the area is improved to a 5-lane section,
including center turn lane. The freeway interchange and the widening of Evergreen Road to five
(5) lanes were accomplished within the past five (5)years.
23. The only public comments received regarding the proposal was a letter of opposition
submitted by the owners of a single-family dwelling located one block southeast of the site, at the
northeast corner of the intersection of Evergreen Road and Cataldo Avenue. See letter submitted
on December 12, 2003 by Wally and Theresa Dahlgren.
24. The Dahlgrens,whose driveway accesses directly onto Evergreen Road, expressed concern
that the increased flow of traffic along Evergreen Road, since it was improved, and the two new
approaches planned for the subject property,would make it difficult to back out of their garage.
This included use of the center turn lane to turn left and travel south, while other vehicles were
using the center turn lane to access the new businesses along the west side of the road.
25. The Phase I Development Regulations require all zone reclassification applications in the
Mixed Use category to be consistent with the Comprehensive Plan, and limit such applications in
the Mixed Use category to the Urban Residential-12 (UR-12), Urban Residential-22 (UR-22),
Neighborhood Business (B-1), Community Business (B-2) and Industrial Park(I-1) zones.
HE Findings, Conclusions and Decision REZ-19-03 Page 3
26. The Staff Report provides a general description of the Mixed Use category of the
Comprehensive Plan and sets forth policies UL.12.3 and 12.4 of the Comprehensive Plan as the
most pertinent policies for review of the proposed rezone. The proposed rezone is consistent
with such policies, as set forth in the Staff Report.
27. Policy UL.2.10 of the Comprehensive Plan encourages mixed-use developments where they
would be compatible with neighborhood character. The proposed rezone is consistent with the
recent development of commercial uses along the west side of Evergreen Road to the north and
south over the past few years. The only opposition to the proposal was expressed in the form of
traffic concerns by the owners of property located some distance to the southeast on the opposite
side of Evergreen Road.
28. Policy UL12.5 of the Comprehensive Plan recommends that mixed-use areas not be
implemented until after the adoption of a subarea plan that involves design professionals,
government service providers,business people and community residents.
29. Policies UL.2.3 through 2.09 of the Comprehensive Plan recommend that the City establish
a design review process, to run concurrent with the land use approval process, for mixed-use
areas and certain other types of development. Such process would include the development of
urban design guidelines, to provide consistency of application for the design review process; the
establishment of a design review board, consisting of members from designated professional
groups,to review the larger,more complex projects; use of the administrative process to provide
design review for small projects; and the development of neighborhood, subarea and community
plans, with specific design standards that reflect and preserve neighborhood character.
30. The City has not adopted any additional standards besides the County Zoning Code to
implement policies of the Comprehensive Plan, established a design review process or a design
review board, or adopted any neighborhood, community or sub-area plans for the area. The
absence of such actions does not provide authority for the Examiner to deny or delay the project
because such actions have not taken place.
31. The concurrency requirements of the Phase I Development Regulations require that public
sewer and water be available to the site if the site is rezoned. The public water and sewer
purveyors indicated that such services are, or will be available to serve the proposed rezone.
32. Proposed rezones without a site plan are not subject to transportation concurrency
requirements under the Phase I Development Regulations. The proposal meets the sewer, water
and transportation concurrency requirements of the Phase I Development Regulations.
33. The purpose and intent of the B-2 zone is to provide for the establishment of commercial
centers, grouped at locations served by arterials; which centers will meet the needs of a
community for a wide range of retail, service and office uses, and serve a trade area
encompassing several neighborhoods within a radius of 1.5 miles of the zone. The proposed
rezone generally implements such purpose and intent.
HE Findings, Conclusions and Decision REZ-19-03 Page 4
34. The Zoning Code recommends that any area zoned B-2 not be larger than 20 acres in size;
have frontage on a Minor Arterial or higher road classification that does not exceed 1,400 feet;
and be provided,wherever possible, in one business island centrally located in the trade area or in
business clusters,rather than in ribbon development along arterials or in several oversized
neighborhood shopping centers. See Zoning Code 14.626.100. The proposed rezone generally
complies with such recommendations.
35. General characteristics of B-2 zoned areas include paved roads and sidewalks, public sewer
and water, and a full line of public services including manned fire protection and public transit
availability. See Zoning Code 14.626.100. The proposed rezone has such features.
36. Building sites in the B-2 zone are required to have a minimum frontage of 100 feet, on a
public street of the Minor Arterial classification or higher, and a minimum average depth of 140
feet. See Zoning Code 14.300.100. The subject property complies with such requirements.
37. The B-2 zone contains development standards that buffer commercial uses permitted in
such zones from neighboring residential properties. This includes,without limitation, setback
and building height restrictions, and landscaping requirements. Such standards satisfactorily
buffer the subject property from neighboring residential properties.
38. A traffic analysis may be required for the site if it is rezoned to the B-2 zone, depending on
the use proposed.
39. The traffic concerns expressed by neighboring property owners were not supported by
evidence of a traffic engineering nature. The access difficulties experienced by such owners are
principally the result of increased traffic resulting from the improvement of Evergreen Road to a
5-lane road section and construction of the Evergreen Road interchange with Interstate 90.
40. The site is not well suited for residential development under its current UR-3.5 zoning,
because of its location along a busy 5-lane Minor Arterial. The UR-3.5 zone does not implement
the Mixed Use category of the Comprehensive Plan in which the site is designated.
41. The Staff Report found the proposed rezone to be consistent with the Comprehensive Plan,
and recommended approval of the proposal. The Examiner concurs with the analysis in the Staff
Report.
42. 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.
44. Changed conditions have occurred in the area since the zoning of the site was reclassified
to the UR-3.5 zone in 1991. This includes the extension of public sewer to the area, road
improvements to Evergreen Road, adoption of the City Comprehensive Plan and Phase I
Development Regulations, the approval of rezones to the north and south to allow the
development of offices, and increased residential growth in the area.
HE Findings, Conclusions and Decision REZ-19-03 Page 5
45. The City Community Development Department recommended that the conditions of
approval recommended by commenting agencies be imposed at the time when a specific
development is proposed for the subject property.
Based on the above findings of fact, the Hearing Examiner enters the following:
II. 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
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.
III. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
zone reclassification to the Community Business (B-2) 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.
HE Findings, Conclusions and Decision REZ-19-03 Page 6
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. Upon any discovery of potential or known archaeological resources at the subject site prior
to or during existing and future on-site construction, the developer, contractor, and/or any other
parties 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 hours from the time of discovery, the City
of Spokane Valley Community Development Department of said discovery.
2. Upon expiration of the appeal period, City staff shall prepare an ordinance or other
appropriate document for execution by the City Council for the City of Spokane Valley,
providing for adoption of the subject rezone and amendment to the City Zoning Map as an
official control of the City of Spokane Valley.
3. The conditions of approval recommended by commenting agencies shall be considered at
the time of site development or issuance of a building permit, as applicable.
DATED this 3rd day of March, 2004
CITY HEARING EXAMINER PRO TEM
-ris
Mi ael C. Dempsey, W 8235
HE Findings, Conclusions and Decision REZ-19-03 Page 7
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 57, as amended by Ordinance No. 3-
081, 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 3, 2004. THE APPEAL CLOSING DATE IS MARCH 17,
2004.
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-19-03 Page 8