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:
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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.
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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.
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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,
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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.
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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
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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.
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