REZ-13-07 1
CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Rezone, from the Single- )
Family Residential(R-3) District to the )
Single-Family Residential Urban(R-4) ) FINDINGS OF FACT,
District; ) CONCLUSIONS OF LAW,
Applicant: Ken Swaine ) AND DECISION
File No. REZ-13-07 )
)
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone, from the R-3 district to the R-4 district.
Summary of Decision: Approve application, subject to conditions of approval.
H. FINDINGS OF FACT
1. The application seeks approval of a zoning map amendment (rezone) from the Single-
Family Residential (R-3) District to the Single-Family Residential Urban(R-4) district, on .8 acres
of land.
2. The site is located along the north side of Trent Avenue (State Route No. 290),
approximately 160 feet east of Lillian Road, and approximately one-third(1/3) mile west of the
intersection of Trent Avenue and Flora Road; and is situated in the NW 1/4 of the NE 1/4 of Section
1, Township 25 N, Range 44 EWM of Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45011.9007; has a site
address of 16515 E. Trent, Spokane Valley; and is legally described on the preliminary short plat
map submitted in File No. SHP-23-07.
4. The applicant, and the owner of the site, is Ken Swaine, 5822 E. Dearborn, Spokane, WA
99223.
5. On July 2, 2007, the applicant submitted an application to rezone the site from the Urban
Residential-3.5 (UR-3.5) zone to the Urban Residential-7* (UR-7*) zone, under the Spokane
Valley Interim Zoning Code. Such application became complete on August 27, 2007.
6. On October 12, 2007, the City Planning Division issued a Determination of Nonsignificance
(DNS) for application. The DNS was not appealed.
7. On October 28, 2007, the City adopted its Uniform Development Code (UDC), as part of
Titles 17-24 of the Spokane Valley Municipal Code (SVMC). At the same time, the City adopted
new zoning maps throughout the city to implement the UDC. Such action reclassified the zoning
of the site from the UR-3.5 zone to the R-3 district.
HE Findings, Conclusions and Decision REZ-13-07 Page 1
8. The UDC replaced the City Interim Zoning Code, City Phase I Development Regulations,
and other interim development regulations that the City had adopted by reference from Spokane
County at the time the City was incorporated in 2003.
9. The City Planning Division authorized the applicant to revise the application to a rezone
from the R-3 district to the R-4 district, under the UDC; after being advised that a rezone of the
site to the UR-7* zone under the expired City Interim Zoning Code was no longer possible.
10. On November 29, 2007, the Hearing Examiner conducted a public hearing on the revised
rezone application. The notice requirements for the public hearing were met.
11. The Hearing Examiner heard the proposal pursuant to Chapter 17.80 and Section 19.30.030
of the UDC, and the Hearing Examiner Rules of Procedure.
12. The following persons testified at the public hearing:
Christina Janssen, Assistant Planner Greg McCormick, Planning Manager
Spokane Valley Community Development Dept. Spokane Valley Community Dev. Dept.
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Jayn Courchaine Mike Connelly, City Attorney
17201 E. Cataldo Avenue City of Spokane Valley
Spokane Valley, WA 99016 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
13. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
Municipal Code (including UDC), and Standards for Road and Sewer Construction; other
applicable development regulations; and prior land use decisions in the vicinity. fi
14. The record includes the documents in the application file 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.
15. The site is .8 acres in size, relatively flat in topography, and improved with a single-family
dwelling and detached garage in its south end. The south end of the property is vegetated with
residential landscaping, including grass, shrubs and several deciduous trees. The remainder of the
site is covered with grasses and scattered deciduous trees.
16. On August 9, 2007, the applicant submitted a preliminary short plat application to divide the
site into three (3) lots, under the UR-7* zone that was proposed at the time. This included one
(1) lot of 7,936 square feet for the existing residence and garage, and lots of 11,000 square feet
and 11,097 square feet for duplexes; for a total of five (5) dwelling units at a gross density of 6.25
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dwelling units per acre. The preliminary short plat included an extension of Rich Avenue through.
the site, for a potential future connection to Conklin Road if extended south.
17. The preliminary short plat is subject to administrative review and approval by the City
Planning Division, without a public hearing; and is contingent on the approval oval of the current
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rezone by the Hearing Examiner.
18. On May 10, 2006, the City implemented a new Comprehensive Plan, pursuant to City
Ordinance No. 06-010. The site is designated in the Low Density Residential category of the
Comprehensive Plan.
19. The acreage parcel that borders the site on the north, as well as the north portion of the site
on the east; the land located between such parcel and Flora Road to the east; and the land lying a
few blocks west of the site; are designated in the Light Industrial category of the Comprehensive
Plan.
20. On October 28, 2007, the acreage parcel lying adjacent to the site was rezoned from the
UR-3.5 zone to the Light Industrial(I-1) district. On the same date, the other land in the vicinity
designated in the Light Industrial category of the Comprehensive Plan, east and west of the site,
was rezoned from the Light Industrial(I-2) zone of the City Interim Zoning Code to the Light
Industrial(I-1) district.
21. The land located a few blocks northeast of the site, at the southwest corner of the
intersection of Flora Road and Wellesley Avenue, is designated in the Public/Quasi-Public
category of the Comprehensive Plan, was rezoned from the UR-3.5 zone to the Community
Facilities (CF) district on October 28, 2007, and is developed with an elementary school.
22. The other land neighboring the site north of Trent Avenue, not referenced above, is
designated in the Low Density Residential category of the Comprehensive Plan, and was rezoned
from the UR-3.5 zone to the R-3 district on October 28, 2007.
23. The land lying south of the site in the area, south of Trent Avenue, is designated in the
Heavy Industrial category; and was rezoned from the Heavy Industrial(I-3)zone of the City
Interim Zoning Code to the Heavy Industrial (I-2) district of the UDC on October 28, 2007.
24. The land neighboring the site, north of Trent Avenue, generally consists of single-family
residences on various sized lots; except for some vacant land located directly north of the site, and
some vacant land located easterly of the parcels that abut the site on the east.
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25. The land lying south of Trent Avenue consists of a 300-foot wide railroad right of way,
which contains a high volume railway line on two sets of tracks. A large industrial park is found
further to the south. Various commercial, retail and service uses are found in the vicinity along
Trent Road, and to the southwest along Sullivan Road.
HE Findings, Conclusions and Decision REZ-13-07 Page 3
26. The City Arterial Road Plan designates Wellesley Avenue and Flora Road in the vicinity as
Minor Arterials, and Sullivan Road to the west as a Principal Arterial. Trent Avenue (SR-290) is
a 5-lane state highway in the area.
27. Section 19.30.030(1) of the UDC classifies requests for site specific zoning map
amendments as "Type III development applications", which are heard as quasi-judicial matters by
the Hearing Examiner. However, such section ambiguously states that such requests shall be
processed"...pursuant to SVMC 17.80.140...", which section applies to Type IV applications
(i.e. Comprehensive Plan amendments and area-wide rezones) decided by the City Council. See
Sections 17.80.020 (1)(c), 17.80.060 and 17.80.140 of the UDC.
28. Section 19.30.030(2) of the UDC provides specific criteria for approval of a request for a
site specific zoning map amendment; which criteria is addressed in the Staff Report for the current
application.
29. An application for a site specific zoning map amendment is not per se exempt from
transportation concurrency review. See Section 22.20.020 of UDC, and definition of"project
permit" in UDC.
30. Section 22.20.020 of the UDC specifically exempts from transportation concurrency review
any project permit application that does not create additional impacts on transportation facilities,
or that will have transportation impacts of less than ten(10) peak hour vehicular trips and that
will not change the traffic volumes and flow patterns in the afternoon peak travel period; as
determined by City Engineering.
31. City Engineering and the Washington State Department of Transportation did not express
any concerns regarding traffic impacts from approval of the current application.
32. The site consists of a single parcel and is already developed with a single-family residence.
Accordingly, the approval of the current application is unlikely to have any additional impact on
the City's transportation system, without the approval of a short plat application or building
permit on the site that allows the applicant to intensify the housing density on the site. A short
plat application or building permit is subject to transportation concuiTency review.
33. Due to the lack of projected traffic impacts, the current application is exempt from
transportation concurrency review.
34. The Spokane County Division of Utilities certified the availability of adequate sewer
collection and treatment capacity for the 3-lot short plat proposed by the applicant. County
Utilities noted that the site is currently served with public sewer, but that the applicant will have
to provide additional sewer stubs and pay permit fees for the additional lots. The conditions of
approval recommended by County Utilities require all uses on the site to connect to public sewer.
35. Consolidated Irrigation District#19 certified the availability of water capacity and pressure
to serve the two (2) duplexes proposed to be added to the site through the short plat process.
HE Findings, Conclusions and Decision REZ-13-07 Page 4
The conditions of approval recommended by the Spokane Regional Health District require the site
to be served with public sewer and water.
36. The application complies with the transportation, sewer and water concurrency
requirements set forth in Section 22.20 of the UDC; and therefore satisfies the rezone criterion in
Section 19.30.030(2)(a) of the UDC.
37. The site is located"adjacent and contiguous" to property zoned in the 1-1 district on the
north and east, and to property zoned in the 1-2 district on the south across Trent Avenue. Both
the I-1 district and the I-2 district represent "higher" zoning classifications than the R-3 district.
Accordingly, the application satisfies the rezone criterion set forth in Section 19.30.030(2)(e) of
the UDC .
38. The Staff Report sets forth relevant policies of the Comprehensive Plan. The policy that is
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 of the rezone site, the
availability of adequate facilities and public services, and consistency with residential densities in
the vicinity of the rezone site.
39. 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.
40. Policy CFP-4.6 of the Comprehensive Plan recommends that new development connect to
public sewer and water.
41. The R-3 district has a minimum lot size of 7,500 square feet per dwelling unit, a minimum
lot width of 65 feet and a minimum lot depth of 90 feet. Single-family and duplex dwellings are
among the uses permitted in the R-3 district.
42. The R-4 district has a minimum lot area of 6,000 square feet per dwelling unit, a minimum
lot width of 50 feet, and a minimum lot depth of 80 feet. Single-family, duplex, multi-family and
townhouse dwellings are among the uses permitted in the R-4 district.
43. The R-3 district and the R-4 district are intended to implement the Low Density Residential
category of the Comprehensive Plan.
44. The Staff Report advises that the duplex lots proposed by the applicant through the
submitted preliminary short plat do not meet the minimum lot size of 12,000 square feet required
by the R-4 district, but could do so through the approval of an administrative exception by the
City Planning Division. This duplex development on the site is likely if the current application is
approved, and the preliminary short plat application is approved by the City Planning Division.
HE Findings, Conclusions and Decision REZ-13-07 Page 5
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45. The site is served by a high level of public services, located adjacent to state highway, has
convenient access to the major arterial systems in the area, and located in an area where
commercial services are available to serve the residential uses in the vicinity.
46. Neighboring property owners and public agencies did not object to approval of the project,
and the DNS issued for the current application was not appealed.
47. The environmental checklist submitted for the r
p oposal, and its review by City Planning,
indicate that the proposed rezone will not have any probable adverse impact on the environment.
48. The record does not establish any adverse effects to the adjoining residential properties that
are likely to result from development of the site under the higher residential density and expanded
land uses that are available in the R-4 district, compared to the R-3 district. The impacts from
such more intense development will be addressed through the short plat process and the building
permit process.
49. The proposed rezone is consistent with the Comprehensive Plan, as required by the rezone
criterion in Section 19.30.030(2)(b) of the UDC.
50. The proposed rezone bears a substantial relation to the public health, safety and welfare; as
required by the rezone criterion in Section 19.30.030(2)(c) of the UDC.
51. The Staff Report found that the reclassification of the parcel located adjacent to the site on
the north and east from the UR-3.5 zone to the I-1 district of the UDC represents substantially
changed circumstances since the R-3 district on the site was established, within the meaning of
Section 19.30.030(2)(g) of the UDC. However, such adjacent I-1 district was established on the
same date as the R-3 district was established on the current property, on October 28, 2007, not
since.
52. Washington case law requires that a proposed rezone be supported by a substantial change
of circumstances since the property was last zoned; but generally does not require a"strong"
showing of changed conditions, particularly where the rezone implements a local comprehensive
plan. Washington case law indicates that changes in community attitudes may constitute a
changed condition that supports a rezone.
53. In the current circumstances, neighboring property owners expressed no objection to the
proposed rezone of the site to the R-4 district; even though approval of the rezone is likely to
result in division of the site into three (3) lots, the approval of two (2) duplexes on the site in
addition to the existing residence, an increased density of residential housing on the site, and
increased traffic in the residential neighborhood that surrounds the site.
54. The lack of concern expressed by neighboring property owners to the proposed R-4 district
occurred after the R-3 district was established on the site on October 28, 2007, through the date
of the public hearing on November 29, 2007. While brief in time, such change in community
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attitude represents a substantially changed circumstance that supports approval of the rezone
under Section 19.30.030(2)(g) of the UDC.
55. Since the proposed rezone is consistent with the Comprehensive Plan, will facilitate the
provision of low to middle income housing that is likely needed in the area, and facilitates the
provision of infill development that appears compatible with neighboring land uses, the proposed
rezone has "merit and value for the community as a whole", within the meaning of Section
19.30.030(2)(h) of the UDC.
56. The Staff Report analyzed the consistency of the rezone application with the criteria for
approval of a site specific zoning map amendment under the UDC. The Hearing Examiner
concurs with such analysis, as supplemented and qualified herein.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The Hearing Examiner is authorized by the Uniform Development Code (UDC) to hear and
decide site specific zoning map amendments, which includes the current application.
2. The current application, as conditioned, meets all of the criteria specified in Section
19.30.030(2) of the UDC for a site specific zoning map amendment, or rezone; as set forth in the
above findings of fact.
3. Washington case law requires the proponent of a rezone to establish, by a preponderance of
the evidence, that the proposed rezone bears a substantial relationship to the public health, safety
or general welfare; and that a substantial change of circumstances has occurred in the area.
However, proof of a substantial change of circumstances is not required if the rezone implements
the comprehensive plan of the local government.
4. The proposed rezone, as conditioned, meets the criteria established by Washington case law
for approving a rezone; as set forth in the above findings of fact.
5. 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.
6. Approval of the current application, as conditioned, is appropriate under the UDC, and the
rezone criteria established by Washington case law.
7. Any finding of fact above that represents a conclusion of law is hereby construed as a r'
conclusion of law.
HE Findings, Conclusions and Decision REZ-13-07 Page 7
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the application for a zoning
map amendment to reclassify the zoning of the site from the Single-Family Residential (R-3)
district to the Single-Family Residential Urban(R-4) district 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.
This approval does not waive the applicant's obligation to comply with all other
requirements of other public agencies with jurisdiction over land development.
Conditions of Approval
CITY DEPARTMENT OF COMMUNITY DEVELOPMENT- PLANNING DIVISION
1. The applicant, including the owners and developers of the property, and their successors in.
interest, shall comply with the conditions of approval set forth in this decision.
2. The City of Spokane Valley's Official Zoning Map will be updated to reflect a Single-Family
Residential Urban(R-4) District for the property, which is currently referenced as County
Assessor tax parcel number 45011.9007.
3. The site shall be developed in accordance with Chapter 19.40.060 (R-4 district) of the
Spokane Valley Uniform Development Code (UDC), and other applicable requirements of the
UDC.
SPOKANE COUNTY DIVISION OF UTILITIES
1. A wet (live) sewer connection to the area-wide public sewer system shall 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 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 Division of Utilities shall be submitted prior to the issuance of
the sewer connection permit.
4. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
HE Findings, Conclusions and Decision REZ-13-07 Page 8
SPOKANE REGIONAL HEALTH DISTRICT
1. The sewage disposal method shall be 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 uses developed on the site.
5. The use of private wells and water systems is prohibited.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1. Dust emissions during demolition, construction, and excavation projects shall be controlled.
Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers
or suspension of activity during certain weather conditions.
2. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto
paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately
to clean these surfaces.
3. Debris generated as a result of this project shall be disposed of by means other than burning.
g.
4. All traveled surfaces (i.e. ingress, egress, parking areas, access roads, etc.) should be paved
and kept clean to minimize dust emissions.
5. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
6. Special attention shall be given to proper maintenance of diesel-powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen. „.
7. A Notice of Construction and Application for Approval is required to be submitted and
approved by SCAPCA prior to the construction, installation, or establishment of an air pollution
source. This includes emergency generators rated at 500 hp (375 kW) or higher, natural gas
heating equipment units rated at 4 MMBTU/hr or higher (input), and heating equipment units
fired with other fuels (e.g. diesel) rated at 1 MMBTU/hr(input) or higher. The applicant shall
contact SCAPCA for a Notice of Application.
8. A Notice of Intent must be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
HE Findings, Conclusions and Decision REZ-13-07 Page 9
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application.
DATED this 5th day of February, 2008
CITY HEARING EXAMINER PRO TEM
/Michael C. Dempsey, WSBA • : 'r
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code (SVMC), which is
part of the City of Spokane Valley Uniform Development Code (UDC), the decision of the
Hearing Examiner on an application for a site specific zoning map amendment is final and
conclusive unless within fourteen (14) calendar days from the Examiner's written decision,
a party with standing under SVMC Chapter 17.90 files an appeal of the decision with the
City Council of the City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, Suite 106,
Spokane Valley, Washington; in accordance with all the requirements of Chapter 17.90 of
the UDC.
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 UDC, on February
I 5, 2008. THE APPEAL CLOSING DATE IS FEBRUARY 19, 2008.
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 Leslie Busch 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 p.m. After the appeal period, the file maybe 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-13-07 Page 10