REZ-13-03 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification from )
the Urban Residential-7 (UR-7)Zone ) FINDINGS OF FACT,
to the Community Business (B-2)Zone; ) CONCLUSIONS OF LAW,
Applicant: John McWhite ) AND DECISION
File No. REZ-13-03 )
This matter coming on for public hearing on September 11, 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-7 (UR-7)zone to the Neighborhood Business (B-1)zone, on approximately 7,990
square feet of land, for those uses permitted in the B-1 zone.
2. The site is located along the north side of Fourth Avenue, approximately 66 feet west of
Bowdish Road, in the NW 1/4 of Section 21, Township 25 N, Range 44 E.W.M., Spokane County,
Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45212.0927. The site is
legally described as Tract A of Short Plat No. 1031-95, records of the Spokane County Auditor,
in Spokane County, Washington. The street address is 11412 East 4th Avenue, Spokane Valley,
Washington.
4. The applicant and site owner is John McWhite, 419 N. Rees Road, Spokane Valley, WA
99216-2069.
5. On July 23, 2003,the applicant submitted a complete application for a zone reclassification
to the Department of Community Development, Current Planning Division, in File No REZ-13-
03. The application indicates that a professional office building is contemplated for the site
6. On August 26, 2003,the Department of Community Development issued a Determination
of Nonsignificance(DNS) for the proposal.
7. The Hearing Examiner conducted a site visit on September 11, 2003 and conducted a
public hearing on the proposal on September 11, 2003. The notice requirements for the public
hearing were met.
8. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 57 and the City
Hearing Examiner Rules of Procedure.
HE Findings, Conclusions and Decision REZ-13-03 Page 1
9. The following persons testified at the public hearing held on September 21, 2003:
Kevin Snyder John McWhite
City of Spokane Valley 419 N. Rees Road
11707 East Sprague Avenue Spokane Valley, WA 99216
Spokane Valley, WA 99216
Michael Beck Frank Wagner
323 S. Bowdish Rd. 11519 E. 4th Ave.
Spokane, WA 99206 Spokane, WA 99206
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Phase I
Development Regulations, City Zoning Code, City official zoning map, Spokane County
Comprehensive Plan (new), Spokane County Generalized Comprehensive Plan(expired), County
Comprehensive Plan Land Use map in place prior to January 15, 2002, other applicable
development regulations, and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-13-03 at the time of the public hearing
held on September 11, 2003, the documents and testimony submitted at the public hearing, and
the items taken notice of by the Hearing Examiner.
12. The site is approximately 7,990 square feet in size,relatively flat in topography and
undeveloped.
13. Effective January 1, 1991, the zoning of the site was reclassified to the Urban Residential-7
zone, 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.
15. 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.
16. The Comprehensive Plan designates the site and neighboring land lying north and south of
the site in the Urban Activity Center category. The Comprehensive Plan designates neighboring
land lying east of Bowdish Road and south of Fourth Avenue in the Low Density Residential
category; and designates neighboring land lying northeast of the site, east of Bowdish Road, in
the High Density Residential category. The site and area are located in the UGA.
17. The Phase I Development Regulations retained the zoning of the site and neighboring land.
The lot located between the site and Bowdish Road is zoned UR-7 and developed with a single-
family residence. The land lying west and south of the site, and the land lying east of Bowdish
HE Findings, Conclusions and Decision REZ-13-03 Page 2
Road, east of Fourth Avenue, is zoned UR-3.5 and developed with single-family homes on lots
of various size.
18. A 1.8-acre parcel located directly northwest of the site, across Fourth Avenue, is zoned
Urban Residential-22 (UR-22) and developed with multifamily dwelling units. The other land
lying north of the site across Fourth Avenue is zoned UR-3.5 and developed with single-family
dwellings. The land lying northwest of the site, east of Bowdish Road,north of Fourth Avenue,
is zoned UR-22 and developed with single-family dwellings.
19. The Comprehensive Plan designates the land located along Sprague Avenue in the area in
either the Regional Commercial category or the Urban Activity Center category. The
Comprehensive Plan designates Sprague Avenue, located one-fourth(1/4) mile north of the
subject property, as an Urban Principal Arterial. Such road is fully improved to a 5-lane road
section, including center turn lane; and comprises a major transportation and commercial corridor
in the Spokane Valley. Most of the property along Sprague Avenue is zoned Regional Business
(B-3).
20. The Comprehensive Plan designates Bowdish Avenue as an Urban Minor Arterial, and
Fourth Avenue as an Urban Collector Arterial.
21. Neighboring property owners expressed opposition toward the proposed rezone, including
concerns over traffic impacts, inconsistency of the proposed B-1 zone with nearby UR-3.5 zoning
and single-family dwelling, inadequate size of the site for commercial development, and other
concerns. The applicant contended that the rezone should be approved because the City needed
more business development.
22. The Phase I Development Regulations require proposed rezones to be consistent with the
implementing zones designated for the Comprehensive Plan category in which the rezone site is
designated. The implementing zones for the Urban Activity Center in which the site is
designated are Neighborhood Business (B-1), Community Business (B-2), and Urban
Residential-22 (UR-22).
23. Section 14.624.309 of the City Zoning Code provides as follows, in pertinent part:
14.624.309 Locational Standards
There shall be a minimum separation of twenty-six hundred forty(2,640)
feet between any existing B-1 Zone... and a proposed B-1 zone. This
minimum separation does not apply when a proposed B-1 zone is located
within 100 feet of another B-1 Zone...
There shall be no minimum separation between B-1 Zones which occur
entirely within a Major Commercial Category of the Comprehensive Plan.
However, B-1 Zones within the Major Commercial Category of the
Comprehensive Plan shall be utilized to calculate the separation for
HE Findings, Conclusions and Decision REZ-13-03 Page 3
proposed B-1 Zones outside the Major Commercial Category of the
Comprehensive Plan.
24. The Staff Report submitted by the City Department of Community Development indicated
that the separation requirement contained in Zoning Code 14.624.309 applied to the proposed
rezone,but that the nearest B-1 zone was located over one-half(1/2)mile from the site, i.e. 2,750
feet, at the southeast corner of the intersection of University Road and Fourth Avenue.
25. At the public hearing, the Examiner noted that Exhibit 3 attached to the Staff Report
disclosed an additional B-1 zone located less than one-half(1/2)mile northwest of the site, along
the north side of Sprague Avenue. The Department of Community Development confirmed the
existence of such B-1 zone at the public hearing,by review of the official zoning map for the
city, and indicated that such B-1 zone lies only 1,900 lineal feet from the subject property. See
testimony of Kevin Snyder, and B-1 zone referenced as"12-72C" on colorized zoning map in
file.
26. The reference to "Major Commercial Category"in Zoning Code 14.624.309 is to the Major
Commercial category that existed under the Spokane County Generalized Comprehensive Plan,
which was replaced with the new County Comprehensive Plan that took effect on January 15,
2002.
27. The new County Comprehensive Plan, and the new City of Spokane Valley Comprehensive
Plan that adopted by reference the County's new Comprehensive Plan, do not contain a Major
Commercial category.
28. The B-1 zone located along Sprague Avenue northwest of the site was formally designated
in the Major Commercial category of the now expired County Generalized Comprehensive Plan.
The site was formally designated in the Urban category of the now expired County Generalized
Comprehensive Plan. Accordingly, the exception from the one-half(1/2)mile separation
requirement in Zoning Code 14.624.309 for B-1 zones located entirely in the Major Commercial
category does not apply.
Based on the above findings of fact, the Hearing Examiner enters the following:
II. CONCLUSIONS OF LAW
1. The proposed zone reclassification to the Neighborhood Business (B-1) zone does not
comply with the locational standard of Section 14.624.309 of the City Zoning Code that requires
a minimum separation of 2,640 feet between a proposed B-1 zone and an existing B-1 zone.
2. The proposed rezone must be denied.
3. Denial of the proposed rezone is appropriate under Chapter 14.402.020 of the City Zoning
Code, and under City Ordinance No 57.
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III. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
zone reclassification to the Neighborhood Business (B-1) zone is hereby denied.
DATED this 25th day of September,2003
CITY HEARING EXAMINER PRO TEM
Mi• ael C. Dempsey, WSBA 42 d
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 57, 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 September 25, 2003. THE APPEAL CLOSING DATE IS
OCTOBER 9, 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, 11707 E. Sprague Avenue, Spokane Valley,
Washington, (509) 921-1000. Copies of the documents in the record will be made available at
the cost set by City of Spokane Valley Ordinance.
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-13-03 Page 5
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