REZ-08-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification )
From the UR-12 Zone to the B-2 Zone; ) FINDINGS OF FACT,
Applicant: Joe O'Connor ) CONCLUSIONS OF LAW,
File No. REZ-08-05 ) AND DECISION
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone from the UR-12 zone to the B-2 zone.
Summary of Decision: Approval, subject to conditions.
H. FINDINGS OF FACT
1. The application seeks approval of a zone reclassification from the Urban Residential-12
(UR-12) zone to the Community Business (B-2) zone, on approximately 1.84 acres of land, for
unspecified uses.
2. The site is located along the north side of Mission Avenue and the south side of Interstate
90, 160 feet east of the intersection of Mission Avenue and Sargent Road; in the SE 1/4 of Section
7, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45074.0918 and
45074.0919. The site is addressed at 8775 E. Mission Avenue.
4. The applicant is Joe O'Connor, 5821 N. Campbell Road, Otis Orchards, Washington
99027. The site owner is Argonne Forest, LLC#3, do Payne Properties and Development, 905
W. Riverside Avenue, Suite 405, Spokane Washington 99201.
5. On March 4, 2005, the applicant submitted a complete application for a zone reclassification
to the City of Spokane Valley Department of Community Development.
6. On April 29, 2005, the Department of Community Development issued a Determination of
Nonsignificance (DNS) for the proposed rezone. The DNS was not appealed.
7. The Hearing Examiner conducted a site visit on May 25, 2005, and conducted a public
hearing on the proposal on May 26, 2005. The requirements for notice of public hearing were
met.
8. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 03-57, as
amended by City Ordinance Nos. 03-081 and 04-012; and the City Hearing Examiner Rules of
Procedure.
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9. The following persons testified at the public hearing:
Micki Harnois, Associate Planner Dwight Hume
City of Spokane Valley Community 9101 N Mountain View Lane
Development Department, Planning Division Spokane, WA 99218-2140
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
Al Payne Mel Meland
3602 S. Jefferson Drive 1622 N. Sargent Road
Spokane, WA 99203-1442 Spokane Valley, WA 99212-2536
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-08-05 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 80,280 square feet, or 1.84 acre, in size, and is relatively flat in topography. The
property is developed with a 13,560-square foot office building, which is occupied with
classrooms for the University of Phoenix. The site is landscaped with trees, grass and shrubs.
13. The site plan of record illustrates the existing improvements on the site. This includes 25
feet of Type II landscaping along the north border of the property, and five(5) feet of Type III
landscaping along the north border. A private road and access easement is illustrated along the
east border of the property. The site plan illustrates proposed Type III landscaping and a new 6-
foot high, sight-obscuring fence located along the west boundary. Such new fencing and
landscaping has already been installed. A low profile monument sign is located in the south end of
the site, oriented to Mission Avenue.
14. In 1995, the County reclassified the zoning of the site to the UR-12 zone under the Spokane
County Zoning Code. See decision in File No. ZE-11-95.
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 Comprehensive Plan designated the site; neighboring land located west of the
site; and neighboring land located to the southeast along and near Argonne Road and Mullan
Road, south of Mission Avenue, in the Mixed Use category. The County Comprehensive Plan
designated the land lying west of the site, and the land southerly of Mission Avenue lying west of
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the land designated in the Mixed Use category west of Argonne Raod, in the Low Density
Residential category.
17. The County Phase I Development Regulations retained the zoning of the site and other land
in the area.
18. On March 31, 2003, the City of Spokane Valley was incorporated, and included the site and
neighboring land in the city's boundaries. 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 retained the zoning and comprehensive plan categories for the site and neighboring
land.
20. The site abuts the freeway on the north. Neighboring land, including the land lying directly
west of the site, is designated in the Low Density Residential category of the City Comprehensive
Plan is zoned UR-3.5 and developed with single-family residences, except for a few duplexes and
a UR-7 zone located nearby at the southwest corner of the intersection of Mission Avenue and
Marguerite Road. The land lying east of the site, and the land located along the
ArgonneRoad/Mullan Road corridor to the east and southeast, is dominated by intensive
commercial zoning and land uses. A community shopping center lies southeast of the site, at the
southwest corner of the intersection of Argonne Road and Mission Avenue.
21. The City Arterial Road Plan designates Mission Avenue adjacent to the site, and west of
Argonne Road, as an Urban Collector Arterial; designates Mission Avenue as an Urban Minor
Arterial east of Argonne Road; and designates Argonne Road and Mullan Road as Urban
Principal Arterials. Argonne Road and Mullan Road form a one-way couplet in the area. A
freeway interchange is located at the intersections of such roads with Interstate 90, adjacent to
and east of the site.
22. 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.
23. The Staff Report provides a general description of the Mixed Use category of the
Comprehensive Plan, and cites relevant policies of the Comprehensive Plan.
24. Policy UL.2.10 of the Comprehensive Plan encourages mixed-use developments where they
would be compatible with neighborhood character.
25. 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
BE Findings, Conclusions and Decision REZ-08-05 Page 3
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.
26. Policy 12.3 of the Comprehensive Plan indicates the characteristics of a mixed-use area, and
Policy 12.4 describes the contemplated mix of uses in a mixed-use area. Policy UL.12.5 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.
27. The City has not adopted any additional standards besides the County Zoning Code to
implement policies of the Comprehensive Plan, establish a design review process or design review
board, or adopt 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 consideration of the
proposal because such actions have not taken place.
28. 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.
29. 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 is conditioned for or will have
such features.
30. Considering the B-2 zoning located directly east of the site, the intensive commercial zoning
located along and near the Argonne-Mullan road couplet in the area, the location of the site
adjacent to Interstate 90, the location of the site along an Urban Minor Arterial, and the location
of the site near the Argonne-Mullan road couplet, the proposed Community Business (B-2) zone
is an appropriate zone to implement the Mixed Use category. The site owner owns six(6) of the
(8) single-family lots located directly west of the site.
31. The only concerns expressed regarding the proposed rezone were submitted by the owner
(Mel Meland) of a single-family lot zoned UR-3.5 that abuts the north end of the site on the west.
Such owner expressed a concern regarding signage, hours of operation, glare from exterior
lighting, and the ineffectiveness of a 6-foot high fence along the west boundary of the site due to
the raised elevation of the site above the land to the west.
32. The current elevation of the property is an existing condition. The B-2 zone contains the
same screening requirement as the UR-12 zone along the west boundary of the site. The hours of
operation for uses developed on the site in the B-2 zone would be the same as those for the
office/higher education use of the site under the existing UR-12 zoning of the property. The
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Zoning Code prohibits exterior lighting from extending onto adjacent properties. The applicant
indicated that signage for any future commercial use on the site would be located at the northeast
and southeast corner of the site and oriented toward the freeway and the Argonne-Mullan Road
couplet.
33. The landscaping and fencing on the site currently complies with the UR-12 zone and
institutional/office use of the site. The applicant requested that compliance with the landscaping
requirements of the B-2 zone not be triggered unless the site is developed for retail uses.
34. Section 14.806.020 (2) of the County Zoning Code does not require compliance with the
landscaping requirements set forth in Zoning Code Chapter 14.806 unless existing structures on
the site are modified by 50% of their value. Section 14.802.020 requires compliance with the off-
street parking and loading standards of the Zoning Code, including the landscaping and screening
of parking areas, upon any change to a building, or any change in use of a building or site to the
extent a certificate of occupancy is necessary. City Planning condition#1 should be modified to
simply require that future development of the site comply with the development standards of the
B-2 zone and County Zoning Code.
35. The applicant opposed the dedication of the utility easement requested by Avista Utilities,
on the basis that such utility company does not serve the site and an easement is not needed.
Since no development is currently proposed, there is no basis for such requirement. The
Washington State Department of Ecology condition included in the conditions of approval, which
the applicant wanted to limit to future development only, is only advisory, so there is no need to
include it as a condition of approval.
36. The concurrency requirements of the Phase I Development Regulations require that the site
be served with public sewer and water if it is rezoned. The site is already served with public
water and sewer, and the proposal meets concurrency requirements.
37. Proposed rezones submitted without a site plan are not subject to transportation
concurrency requirements under the Phase I Development Regulations.
38. 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.
39. 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 increased commercial development along the Argonne-
Mullan road couplet, designation of the site and neighboring land in the Mixed Use category of
the Comprehensive Plan, and inclusion of the site in the City of Spokane Valley.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed zone reclassification conforms to the City Comprehensive Plan.
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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 Community Business (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. 03-57, as amended by City Ordinance No. 03-081
and 04-012.
IV. 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.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. Any future development of the site shall comply with the development standards of the
Community Business (B-2) zone and other applicable provisions of the City Zoning Code, as
amended.
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DATED this 1st day of July, 2005
CITY HEARING EXAMINER PRO TEM
Michael C. Dempsey, WSBA#8235 ir
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 03-57, as amended by Ordinance Nos.
3-081 and 04-012, 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 July 1, 2005. THE APPEAL CLOSING DATE IS JULY 15, 2005.
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.
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