REZ-10-03 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification from )
the Urban Residential-22 (UR-22)Zone ) FINDINGS OF FACT,
to the Community Business (B-2)Zone; ) CONCLUSIONS OF LAW,
Applicant: Randy Skeie ) AND DECISION
File No. REZ-10-03 )
This matter coming on for public hearing on August 7, 2003, the Hearing Examiner, after
review of the subject applications 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 14,409
square feet of land, for those uses permitted in the B-2 zone.
2. The site is located north of and adjacent to Sprague Avenue, approximately 420 feet east of
Conklin Road, in the SE 1/4 of Section 13, Township 25 N,Range 44 E.W.M., Spokane County,
Washington. The street address is 16413 E. Sprague Avenue, Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45134.1443. The site is
legally described on the site plan of record. The street address of the site is 16413 E. Sprague,
Spokane Valley, Washington.
4. The applicant and site owner is Randy Skeie, 2210 Vera Crest Drive, Spokane Valley, WA
99037.
5. On May 6, 2003, the applicant submitted a complete application for a zone reclassification
to the Department of Community Development, Current Planning in File No REZ-10-03.
6. On June 26, 2003, the City of Spokane Valley Department of Community Development
issued a Determination of Nonsignificance (DNS) for the proposal.
7. The Hearing Examiner conducted a site visit on August 6, 2003 and conducted a public
hearing on the proposal on August 7, 2003. The requirements for notice of 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.
9. The following persons testified at the public hearing held on August 7, 2003:
HE Findings, Conclusions and Decision REZ-10-03 Page 1
c
John Todd, Division of Current Planning Randy Skeie
City of Spokane Valley 2210 Vera Crest Drive
11707 East Sprague Avenue Spokane Valley, WA 99037
Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Phase I
Development Regulations, City Zoning Code, other applicable development regulations, and
prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-10-03 at the time of the public hearing
held on August 21, 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 14,409 square feet in size and relatively flat in topography. The
site is improved with a 2-story building that contains a retail furniture store on the first floor.
The second floor of the building is vacant and is currently being remodeled to accommodate
three (3)multi-family dwelling units. The City previously issued a temporary certificate of
occupancy and temporary use authorization,pending a decision on the current application.
13. The building on the site was constructed in 1949 and was previously used for a pawnshop,
apartments and other commercial uses. The building is connected to public sewer. An existing
6-foot non-sight obscuring fence is located along the rear property line.
14. The site plan of record submitted on July 25, 2003 illustrates a total floor area for the
existing 2-story building of 8,191 square feet, including approximately 5,599 square feet of floor
area for the furniture store and a storage area on the first floor, and approximately 2,176 square
feet of floor area for the proposed second floor apai tments.
15. Between 1955 and 1991, the site was zoned Multi-Family Suburban under the now expired
County Zoning Ordinance. Effective January 1, 1991, the zoning of the site was reclassified to
the UR-22 zone,pursuant to the Program to Implement the Spokane County Zoning Code.
16. 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.
17. 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.
18. The Comprehensive Plan designates the site and neighboring land to the south, east and
west in the Mixed Use category; and designates the land lying north of the site in the Low
Density Residential category. The site and area are located in the UGA.
HE Findings, Conclusions and Decision REZ-10-03 Page 2
0
19. The Phase I Development Regulations retained the zoning of the site and neighboring land.
The land lying north of the site is zoned Urban Residential-7 (UR-7) and is developed with
single-family homes. The other land neighboring the site is zoned Regional Business (B-3)or B-
2, and consists of vacant land or commercial uses. The land lying directly east and west of the
site is vacant. The land lying west of the site was rezoned to the B-3 zone in 1997, to allow the
development of intensive commercial uses.
20. The Comprehensive Plan designates Sprague Avenue adjacent to the site as an Urban
Principal Arterial. Such road is improved to a 5-lane road section, including center turn lane; and
includes curbs, sidewalks and streetlights along the frontage of the site. The nearest public
transit stop is on Sprague Avenue, approximately 50 feet east of the site.
21. The project will be served with public sewer and water, and complies with the sewer, water
and transportation concurrency requirements of the Phase I Development Regulations.
22. Neighboring property owners did not comment on the proposed rezone. Public agencies
did not oppose proposal or issuance of the DNS.
23. The B-2 zone permits dwelling units in conjunction with commercial uses, subject to
compliance with most of the development standards of the B-2 zone and certain special
development standards only applicable to proposed dwelling units. The site plan illustrates
compliance with the special development standards applicable to dwelling units, except for the
requirement that 800 square feet of the site be dedicated for common open space, with a
minimum dimension of 20 feet, for the future residents on the site.
24. The Department of Community Development recommended that the common open space
requirement be waived based on previous use of the second floor of the existing building on the
site for three (3) apartment units in 1998,and associated nonconforming rights issues. This is
appropriate.
25. Approximately one-third(1/3) of the rear yard setback for the existing building does not
meet the minimum 15-foot rear yard setback requirement of the B-2 zone. Since the building is
an existing one, the setback requirement can be waived.
26. The site plan does not illustrate the perimeter landscaping required by the B-2 zone along
the site's rear and front yard. The Department of Community Development recommended that
the landscaping requirement for the rear property line be waived, considering the location of the
existing building only two (2) feet from the rear property line; and on condition that the applicant
install a new 6-foot high sight-obscuring screen along the rear property line, or make the existing
fence along such boundary sight-obscuring. This is reasonable under Section 14.810.200 of the
County Zoning Code,which authorizes alternative methods of compliance regarding the
development standards of the Zoning Code.
27. The proposal implements applicable policies of the Comprehensive Plan, as set forth in the
Staff Report.
HE Findings, Conclusions and Decision - REZ-10-03 Page 3
0
28. The proposal has been conditioned for compliance with the B-2 zone and the City Zoning
Code. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare.
29. 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, adoption of
the City Comprehensive Plan and Phase I Development Regulations, incorporation of the City of
Spokane Valley, increased traffic and road improvements along Sprague Avenue, and the
approval of other rezones for intensive commercial development along Sprague Avenue west of
the site
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, as conditioned,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, as conditioned, complies with the B-2 zone, 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.
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.
HE Findings, Conclusions and Decision REZ-10-03 Page 4
0
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.
CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT,
DIVISION OF CURRENT PLANNING
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 applicant shall comply with all applicable requirements of the City of Spokane Valley
Subdivision Ordinance, Zoning Code and other development regulations.
3. Prior to issuance of a Certificate of Occupancy, the applicant shall provide and comply with
all parking requirements to the Zoning Code.
4. In lieu of landscaping required along the rear property line,the existing 6-foot high fence
along such boundary shall be slatted or replaced with a new 6-foot high sight-obscuring fence/
screen.
5. The Department of Community Development shall prepare and record a Title Notice with
the Spokane County Auditor, stating that the subject property is subject to certain conditions of
approval imposed as a result of a land use action. The Title Notice shall serve as a public notice
that the property is subject to such conditions of approval, and may only be released, in whole or
in part,by the Department of Community Development. The Title Notice should generally state
as follows:
"The parcel of property legally described as Lot 11, Block 1, of the Replat of
Block 13 of Vera, per plat recorded in Volume"X"of plats,Page 27, records of
Spokane County Auditor, is the subject of a land use action by the City of
Spokane Valley Hearing Examiner on September 10, 2003, approving a zone
reclassification for the subject property and imposing various special development
conditions. File No. REZ-10-03,relating to such approval, is available for
inspection and copying at the City of Spokane Valley Department of Community
Development."
HE Findings, Conclusions and Decision REZ-10-03 Page 5
CITY OF SPOKANE VALLEY DEPARTMENT OF PUBLIC WORKS
Prior to release of a building permit or use of property as proposed:
1. Upon any future change in Land Use or completing a Building Permit Application,a site
plan shall be submitted that conforms to the current site drainage and improvement standards.
2. The parking lot size shall be increased to accommodate additional parking stalls.
3. Prior to receiving a building permit, a Professional Engineer, licensed in the State of
Washington, shall submit final road and drainage plans and a drainage report, including
calculations that conform to the 2001 Edition of the Spokane County Standards for Road and
Sewer Construction, the 1998 Spokane County Guidelines for Stormwater Management(both
adopted by the City of Spokane Valley) and all other applicable standards.
SPOKANE COUNTY DIVISION OF UTILITIES/CITY OF SPOKANE VALLEY
DEPARTMENT OF PUBLIC WORKS
1. The facility is 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. The applicant shall submit expressly to 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. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE REGIONAL HEALTH DISTRICT
1. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County Public Works.
2. Water service shall be coordinated through the Director of Utilities, Spokane County Public
Works.
3. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
HE Findings, Conclusions and Decision REZ-10-03 Page 6
0
4. A public sewer system will be made available for the project and individual service will be
provided to the lot. Use of an individual on-site sewage disposal system shall not be authorized.
5. The use of private wells and water systems is prohibited.
DATED this 10th day of September, 2003
CITY HEARING EXAMINER PRO TEM
Michael C. Dempsey, WSBA#8235 w
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 10, 2003. THE APPEAL CLOSING DATE IS
SEPTEMBER 24, 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 maybe
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-10-03 Page 7
I
t
i
i
1
0