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REZ-14-03 CITY OF SPOKANE VALLEY HEARING EXAMINER RE: Application for a Zone Reclassification ) from Urban Residential-22 (UR-22)Zone ) FINDINGS OF FACT, to Community Business (B-2)Zone; ) CONCLUSIONS OF LAW, Applicant: John Redl ) AND DECISION File No. REZ-14-03 ) This matter coming on for public hearing on November 13, 2003, 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-22 (UR-22)zone to the Community Business(B-2) zone, on approximately.26 acres of land. 2. The site is located at the northeast corner of the intersection of Pines Road(State Route No. 27) and Maxwell Avenue, in the NW 1/4 of Section 15, Township 25 N,Range 44 EWM, Spokane County, Washington. The site is addressed at 1506 N. Pines Road and 12307 E. Maxwell Avenue. 3. The site is currently referenced as County Assessor's tax parcel no 45152.0710. The site is legally described as Lot 10, Block 1 of Mission View Addition,per plat recorded at Book"T", Page 27 of Plats, records of Spokane County Auditor, in Spokane County, Washington. 4. The applicant and owner of the site is John Redl, PO Box 458, Otis Orchards, WA 99027. 5. On August 26, 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-14-03. 6. On October 22, 2003, the Department of Community Development issued a Determination of Nonsignificance (DNS) for the proposed rezone. 7. The Hearing Examiner conducted a site visit and a public hearing on the proposal on November 13, 2003. 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. 9. The following persons testified at the public hearing: HE Findings, Conclusions and Decision REZ-14-03 Page 1 Micki Harnois Kevin Snyder Department of Community Development Department of Community Development City of Spokane Valley City of Spokane Valley 11707 East Sprague Avenue, Suite 106 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Spokane Valley, WA 99206 10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code, City Phase I Development Regulations, other applicable development regulations, and prior land use decisions in the vicinity. 11. The record includes the documents in File No. REZ-14-03 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 site is 11,502 square feet in size and relatively flat in topography. The west half of the site is improved with a medical office, and the east half is improved with a garage used for storage. Access to the site is restricted to Maxwell Avenue. The applicant plans to convert the garage on the site to offices. 13. Effective January 1, 1991, the zoning of the site was reclassified to the Urban Residential- 22 (UR-22),pursuant to the Program to Implement the Spokane County Zoning Code. 14. 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. On March 31, 2003, the subject property and surrounding land were officially incorporated into the City of Spokane Valley. 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. 17. The City Comprehensive Plan("Comprehensive Plan") designates the site, the parcel abutting the site on the east, and the land lying north, south and west of the site along SR-27 in the Mixed Use category. The land lying farther to the east is designated in the High Density Residential category. The land lying north of Mission Avenue,north of the site, is designated in the Regional Commercial category. The Phase I Development Regulations retained the zoning of the site and neighboring land, and designate the site and surrounding area in the UGA. 18. The land lying north and west of the site is zoned Regional Business (B-3), while the nearby land to the south is zoned B-1. The land lying east and southeast of the site is primarily zoned UR-22, and is developed with offices along with some homes. A.hospital is found less than one-half mile east of the site. The properties fronting along SR-27 and Mission Avenue in the vicinity consist primarily of commercial retail uses and offices. HE Findings, Conclusions and Decision REZ-14-03 Page 2 0 19. SR-27 (Pines Road) is a 5-lane state highway in the area. Mission Avenue is a 5-lane Minor Arterial in the area. The Interstate 90/SR-27 freeway interchange is located north of Mission Avenue. 20. The B-2 zone is an implementing zone for the Mixed Use category, under the City Phase I Development Regulations. 21. Building sites in the B-2 zone are required to have a minimum frontage of 100 feet and a minimum average depth of 140 feet. The lot frontage of the site is 170 feet, since Maxwell Avenue provides the primary access for the subject property. The depth of the lot is measured perpendicular to the lot front line. The"lot front line" for a corner lot like the subject property is the shorter of the continuous lot lines fronting the street, i.e. SR-27. See Zoning Code 14.300.100. The lot depth for the property is therefore 170 feet. The subject property complies with the minimum lot frontage and minimum average depth required by the B-2 zone. 22. The public water and sewer purveyors for the area certified that public water and sewer are or will be available to serve the proposed rezone. The City Department of Public Works certified that traffic concurrency requirements were met for the proposed rezone. The proposal meets the sewer, water and transportation concurrency requirements of the Phase I Development Regulations. 23. There was no opposition to the proposed rezone from neighboring property owners or public agencies. The City Department of Community Development recommended approval of the proposed rezone,with conditions of approval to be determined at the time of building permit. 24. The City, other than adopting implementing zones for the Mixed Use category of the Comprehensive Plan,has not adopted development regulations to implement the policies of the Mixed Use category regarding land development. However, the property abuts B-3 zoning on three(3) sides,B-1 zoning on the south, and commercial uses on all sides. The site is located adjacent to a multi-lane state highway, the frontage of which highway is dominated by intensive commercial zoning and uses, and near a major intersection and freeway interchange. These factors make the proposed B-2 zone the most logical zone for the subject property of the zones that implement the Mixed Use category. The proposed rezone accordingly implements the Comprehensive Plan. 25. 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. 26. Changed conditions have occurred in the area since the zoning of the site was reclassified to the UR-22 zone in 1991. This includes the extension of public sewer, adoption of the City Comprehensive Plan and Phase I Development Regulations, the development of intensive commercial uses and zoning along SR-27 in the vicinity,road improvements to SR-27, and increased residential growth in the area. HE Findings, Conclusions and Decision REZ-14-03 Page 3 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 change in economic, technological, or land use conditions has occurred to warrant the proposed rezone, as conditioned. A substantial change of circumstances has occurred in the area since the site was last zoned. 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. 57, as amended. 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. 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, HE Findings, Conclusions and Decision REZ-14-03 Page 4 0 providing for adoption of the subject rezone and amendment to the City Zoning Map as an official control of the City of Spokane Valley. CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT 1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant," which term shall include the owners and developers of the property, and their heirs, assigns and successors. 2. The Department of Community Development 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 Department of Building and Planning. The Title Notice shall generally state as follows: "The parcel of property legally described as Lot 10,Block 1 of Mission View Addition,per plat recorded at Book"T",Page 27 of Plats, records of Spokane County Auditor, in Spokane County, Washington is the subject of a land use action by the City of Spokane Valley Hearing Examiner on November 18, 2003, approving a zone reclassification for the subject property and imposing a variety of special development conditions. File No. REZ-14-03 is available for inspection and copying in the Spokane County Department of Building and Planning Department." SPOKANE COUNTY DIVISION OF UTILITIES 1. A wet(live) sewer connection to the area-wide Public Sewer System is to be constructed. A sewer connection permit is required. Commercial developments shall submit historical and or estimated water usage prior to the issuance of the connection permit in order to establish sewer fees. 2. The applicant shall submit expressly to the Spokane County Division of Utilities, "under separate cover," only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. Commercial developments shall submit historical and or estimated water usage as part of the sewer plan submittal. 3. Sewer plans acceptable to the County Division of Utilities shall be submitted prior to the finalization of the project. 4. 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-14-03 Page 5 SPOKANE REGIONAL HEALTH DISTRICT 1. The 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 project. 5. The use of private wells and water systems is prohibited. SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY 1. The applicant shall comply with all applicable air pollution control regulations. See memo dated October 1, 2003 from SCAPCA to City of Spokane Valley DATED this 18th day of November, 2003 CITY HEARING EXAMINER PRO TEM cietzt,/ - Mic ael C. Dempsey, WSBA#8 HE Findings, Conclusions and Decision REZ-14-03 Page 6 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 November 18, 2003. THE APPEAL CLOSING DATE IS DECEMBER 2, 2003. 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. • 1 ' HE Findings, Conclusions and Decision REZ-14-03 Page 7 0 0