REZ-02-09 Decision rt
CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Rezone from the R-3 District to the R-4 )
District; ) FINDINGS OF FACT,
) CONCLUSIONS OF LAW,
Applicant: David Bowers ) AND DECISION
File No. REZ-02-09 )
)
i. SUMMARY OF DECISION
Hearing Matter: Application for a site specific rezone, from the R-3 zoning district to the R-4
zoning district.
Summary of Decision: Approval, subject to conditions.
IL FINDINGS OF FACT
1. The application seeks approval of a site-specific zoning map amendment (rezone), to
reclassify .33 acres of land from the Single-Family Residential (R-3) district to the Single-Family
Residential Urban(R-4) district of the Spokane Valley Municipal Code (SVMC).
2. The site is located east of and adjacent to Ella Road, approximately 195 feet south of the
intersection of Ella Road and Alki Avenue in Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45183.0661, and has a
site address of 512 N. Ella Road.
4. The applicant is David Bowers, 15221 E. 6th Lane, Spokane Valley, WA 99039. The site
owners are David and Lisa Bowers, at the same mailing address.
5. On January 5, 2010, the applicant submitted a complete application for the proposed
rezone, and a complete application for a preliminary short plat to divide the site into two (2) lots
for single-family dwellings.
6. The short plat application proposes to keep the existing residence on one (1) lot, remove the
existing detached garage, and allow the development of a new residence on the other lot. The
short plat application is subject to administrative review by the City Planning Division. See
SVMC 17.80.060.
7. On April 16, 2010, the City Community Development Department-Planning Division
("City Planning Division") issued a Determination of Nonsignificance (DNS) for the combined
proposals. The DNS was not appealed.
HE Findings, Conclusions and Decision REZ-02-09 Page 1
8. On June 17, 2010, the Hearing Examiner conducted a public hearing on the rezone
application. The notice requirements for the public hearing were met.
9. The Hearing Examiner heard the rezone application pursuant to SVMC 19.30.030, SVMC
Chapters 17.80 and 18.20, and the Hearing Examiner Scheduling Rules and Rules of Conduct
(Appendix B of UDC).
10. The following persons testified at the public hearing:
Christina Janssen, Assistant Planner Greg McCormick, Planning Manager
Spokane Valley Community Develop. Dept. Spokane Valley Community Develop. Dept.
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
David Bowers
15221 E. 6th Avenue
Spokane Valley, WA 99037
11. The Hearing Examiner takes notice of the Uniform Development Code (UDC) in the City
of Spokane Valley Municipal Code (SVMC), other applicable development regulations, and prior
land use decisions in the vicinity.
12. The record includes the documents in the application file at the time of the public hearing,
the testimony submitted at the public hearing, the power point presentation ("Staff Report and
Recommendations to the Hearing Examiner") submitted at the public hearing, and the items
taken notice of by the Hearing Examiner.
13. The site is .33 acres in size, rectangular in shape, relatively flat in topography, improved
with a single-family dwelling and detached garage, and vegetated with grasses. See preliminary
short plat map submitted on 1-5-10.
14. The site and neighboring land, except the land lying southwest of the intersection of Alki
and Ella in the vicinity, are designated in the Low Density Residential category of the
Comprehensive Plan. The land lying southwest of such intersection is designated in the Heavy
Industrial category.
15. The land lying near the site is zoned R-3; except for the parcel located directly south of the
site, which is zoned R-4; and except for the land lying southwest of the intersection of Ella and
Alki, which is zoned Heavy Industrial (H-2).
16. Some additional R-4 zoning is found at greater distances to the northwest, northeast and
south. See Zoning Map.
HE Findings, Conclusions and Decision REZ-02-09 Page 2
17. Neighboring land generally consists of single-family homes on lots ranging from .2 acres to
.9 acres in size; except for various industrial uses located west of Ella Road in the vicinity. See
2009 Aerial Photo, and ground photos, in power point presentation.
18. The R-3 zoning of the site was established on October 28, 2007, with the adoption of the
Uniform Development Code (UDC) in the SVMC.
19. The City Arterial Street Plan designates Broadway Avenue and Park Road in the area as
Minor Arterials.
20. The Staff Report analyzed the consistency of the rezone application with the
Comprehensive Plan, the SVMC and other applicable development regulations.
21. The Staff Report sets forth relevant policies of the Comprehensive Plan. The policy most
relevant to the proposed rezone is Policy LUP-1.7; which states that zone changes should be
allowed within the Low Density Residential category of the Comprehensive Plan when specific
criteria are met. This may include substantial changes within the area, the availability of
adequate facilities and public services, and consistency with residential densities in the vicinity of
the rezone site.
22. Policies LUP-1.1 and NP-2.1 of the Comprehensive Plan recommend that the character of
existing and future residential neighborhoods be maintained and protected through the
development and enforcement of the City's land use regulations and joint planning.
23. Policy CFP-4.6 of the Comprehensive Plan recommends that new development connect to
public sewer and water. Policy CFP-9.1 recommends that a concurrency management system be
established for transportation, water and sewer facilities.
24. The implementing zones for the Low Density Residential category of the Comprehensive
Plan are the R-1, R-2, R-3 and R-4 districts.
25. SVMC 19.40.040 and SVMC 19.40.050 describe the R-3 district and R-4 district as low
density residential development that is intended to preserve the character of existing
development, subject to the dimensional standards of SVMC Chapter 19.40 respectively
established for such districts.
26. The minimum lot size, width and depth in the R-3 district are 7,500 square feet, 65 feet and
90 feet; and are 6,000 square feet, 50 feet and 80 feet in the R-4 district. The maximum lot
coverage in the R-3 district is 50%, and is 55% in the R-4 district. The minimum setbacks and
maximum building height are the same in both districts.
27. The R-3 and R-4 districts each permit single-family and duplex dwellings. The R-4 district
permits multi-family dwellings, townhouse dwellings, and certain institutional-type residential
uses not permitted in the R-3 district.
HE Findings, Conclusions and Decision REZ-02-09 Page 3
28. The Staff Report recommended no conditions of approval for the rezone application. The
City Planning Division submitted a separate staff report for the short plat application, which
recommended various conditions of approval.
29. The Staff Report analyzed the consistency of the rezone application with the transportation,
public water and sewer concurrency requirements of SVMC 22.20, based on the impacts of the
short plat application.
30. The certificate of water concurrency completed by the public water purveyor, and the
certificate of sewer availability completed by County Utilities, focused only on the short plat
application.
31. City Engineering did not issue a certificate of transportation concurrency for the rezone or
short plat applications. However, the applications are exempt from transportation concurrency
review; because the additional traffic generated by development of the site would be less than 10
peak hour trips, and is unlikely to impact the traffic volumes and flow patterns in the PM peak
hour. See SVMC 22.20.020(3).
32. Considering the most probable development of the site under the proposed rezone is that
proposed by the short plat application, the rezone application should be considered as meeting
the sewer and water concurrency requirements set forth in SVMC 22.20.090.
33. Public agencies and neighboring property owners did not object to either application, or
environmental impact generated by the proposal.
34. The site is located on the east edge of a residential neighborhood, an R-4 district abuts the
site on the south, additional R-4 zoning is found in the vicinity, the site is located across Ella
Street from various industrial uses, and the site is served by a high level of public services. The
higher residential density allowed on the site through the rezone appears appropriate, and is
unlikely to have any significant adverse impact on neighboring properties.
35. The Staff Report properly analyzed and found the rezone application to be consistent with
the rezone criteria set forth in SVMC 19.30.030(B).
36. The short plat application, since it proposes only one (1) additional dwelling unit, would be
categorically exempt from environmental review; except that it is functionally related to the
rezone application, which is not exempt from environmental review. This makes both the short
plat application and the rezone application subject to environmental review. See SVMC
21.20.040, and WAC 197-11-800(1)(a).
37. The environmental checklist submitted by the applicant, and the DNS issued by the City
Planning Division, properly addressed both the rezone application and the short plat application.
HE Findings, Conclusions and Decision REZ-02-09 Page 4
38. The staff report prepared for the short plat application, and the February 2, 2010
memorandum from City Development Engineering to Tavis Schmidt of the City Planning
Division, incorrectly found that the short plat application is not subject to environmental review.
39. The record does not reference any changed circumstances that have occurred in the area
since the R-3 zoning of the site was established in 2007.
Based on the above Findings of Fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. Under Washington case law, the proponent of a site specific rezone must establish that (1)
the rezone bears a substantial relationship to the public health, safety, or general welfare; (2)
circumstances have substantially changed in the area since the property was last zoned, or the
proposed rezone implements the local comprehensive plan; and (3) the local criteria for the
rezone are met.
2. The rezone application bears a substantial relationship to the public health, safety or general
welfare.
3. The rezone application implements and is consistent with the Comprehensive Plan.
4. The rezone application meets the criteria set forth in SVMC 19.30.030(B) and Washington
case law for approving a site-specific amendment to the City zoning map, i.e. a site-specific
rezone.
5. The rezone application complies with the environmental review procedures set forth in
SVMC Chapter 21.20, the State Environmental Policy Act, and WAC Chapter 197-11.
6. The rezone application complies with all applicable development regulations in the UDC of
the SVMC.
7. Conditions of approval are not necessary for the proposed rezone.
8. Approval of the rezone application is appropriate under SVMC 18.20.030.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the application for a site-
specific amendment to the City Zoning Map, to rezone .33 acres of land from the R-3 district to
the R-4 district under the SVMC, is hereby approved.
The map amendment applies to the real property currently referenced as County Assessor's
tax parcel no. 45183.0661, and more particularly described as follows:
HE Findings, Conclusions and Decision REZ-02-09 Page 5
"Lot 5, Block 13 of Harrington's Addition to l lutchinson, except the North 195
feet thereof, per plat recorded in Volume S, Page 1 of Plats, records of the
Spokane County Auditor, situate in the City of Spokane; Valley, in Spokane
County, Washington."
The City Zoning Map shall be revised to reflect such map amendment.
DATED this 22" day of June, 2010
CITY HEARING EXAMINER PRO TEM
#. /7, -4,
Mic ael C. Dempsey, WSBA 1.
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code (SVMC), the
decision of the Hearing Examiner on an application for a site-specific amendment to the
City of Spokane Valley zoning map (i.e. site specific rezone) is final and conclusive unless
within fourteen (14) from the date the Examiner's decision was mailed, a party with
standing appeals the decision to the Spokane Valley City Council pursuant to Section
17.90.070 of the SVMC.
This decision was mailed by regular mail to the Applicant, and to all government
agencies and persons entitled to notice under Section 17.80.130(4) of the SVMC, on June
22,2010. THE APPEAL CLOSING DATE IS JULY 6,2010.
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; and may be
inspected by contacting staff assistant Kristine Chase at (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
y , p.m. After the appeal period (unless an
appeal is timely filed), the file may be inspected at the City of Spokane Valley Department
of Community Development-Planning Division, 11707 E. Sprague Avenue, Spokane Valley,
WA,99206; by contacting Christina Janssen at(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.
HE Findings, Conclusions and Decision REZ-02-09 Page 6