REZ-02-07 HE 071907 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Zone Reclassification from the Urban )
Residential-3.5 (UR-3.5) Zone to the ) FINDINGS OF FACT,
Urban Residential-22 (UR-22) Zone; ) CONCLUSIONS OF LAW,
Applicant: Adam Sessions ) AND DECISION
File No. REZ-02-07 )
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I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone, from the UR-3.5 zone to the UR-22 zone.
Summary of Decision: Approve application, subject to conditions of approval.
H. FINDINGS OF FACT
1. The a pp lication seeks a pp roval of a zone reclassification from the Urban Residential-3.5
(UR-3.5) zone to the Urban Residential-22 (UR-22) zone, on approximately .38 acre of land.
2. The site is located at the southeast corner of the intersection of Adams Road and Riverside
Avenue. The property is situated in the SE 1/4 of Section 14, Township 25 North, Range 44
EWM, in Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45144.2032; and is
addressed at 22 North Adams Road, Spokane Valley, Washington. The site is legally described in
the project file.
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4. The site owner and applicant is Adam Sessions, 4030 S. Woodruff Road, Spokane Valley,
Washington 99206.
5. On March 12, 2007, the applicant submitted a complete application for a zone
reclassification.
6. On June 1, 2007, 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 public hearing on the proposal on July 19, 2007. The
notice requirements for the public hearing were met. The Examiner conducted a site visit on July
18, 2007.
8. The Hearing Examiner heard the proposal pursuant to Chapter 10.35 of the City Municipal
Code, and the City Hearing Examiner Rules of Procedure.
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9. The following persons testified at the public hearing:
Chaz Bates, AICP Planner Adam Sessions
City of Spokane Valley 22 N. Adams
11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99216
Spokane Valley, WA 99206
Lew Purcell
23 N. Adams Road
Spokane Valley, WA 99216
10. The Hearing Examiner takes notice of the City Comprehensive Plan, Zoning Code, Phase I
Development Regulations, and 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-02-07 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 approximately .38 acre in size, rectangular in shape, and relatively flat in
topography. The property is improved with a single-family dwelling, and a 1,200-square foot
detached shop. A parking area is located on the north side of the residence. The rear yard of the
site is screened by a 6-foot high sight-obscuring fence. The property is covered with residential
landscaping.
13. The applicant plans to develop the site with a residential care facility/group home; which
would include remodeling and constructing an addition to the existing residence, and retaining the
detached shop for the facility. The applicant indicated that up to six(6) employees would work
on the site, but the residents in the facility would not generate much traffic. The review and
approval of the rezone application is not tied to, and does not consider, such proposed
development.
14. In 1991, the County reclassified the zoning of the site, and nearby land located to the north
and west, to the (UR-3.5) zone; and reclassified the land lying southwest of the site to the
Regional Business (B-3) zone; all pursuant to the Program to Implement the Spokane County
Zoning Code, a county-wide legislative rezoning effort.
15. In 1995, the land lying south and easterly of the site was rezoned to the B-3 zone of the
County Zoning Code. See decision in File No. ZE-17-95.
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 (GMA).
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17. The County Phase I Development Regulations retained the zoning of the site and
neighboring land, and designated the site and neighboring land in the UGA.
18. On March 31, 2003, the City of Spokane Valley was incorporated in the area. On the same
date, the City adopted by reference the County's Comprehensive Plan, Zoning Code, Phase I
Development Regulations and other development regulations, with certain revisions not relevant
to the current application. The City retained the zoning and comprehensive plan categories for
the site and neighboring land established by the County.
19. On May 10, 2006, the City implemented a new City Comprehensive Plan("Comprehensive
Plan"), pursuant to City Ordinance No. 06-010. The City Phase I Development Regulations were
revised to implement the new Comprehensive Plan, pursuant to City Ordinance No. 06-011.
20. The City Comprehensive Plan designates the site; and neighboring land zoned B-3 to the
Corridor Mixed Use category; and designates other neighboring land to the Low Density
Residential category
21. The land lying east and south of the site is improved with a retail supply store. Intensive
commercial uses are found along Sprague Avenue in the vicinity. The land lying north and west
of the site generally consists of single-family homes on various sized lots.
22. The City Arterial Road Plan designates Adams Road as a Minor Arterial, and Sprague
Avenue as a Principal Arterial.
23. The City Phase I Development Regulations require all zone reclassifications to be consistent
with the implementing zones specified in such regulations for the Comprehensive Plan
designations that apply to the subject property.
24. The implementing zones for the Corridor Mixed Use category are the UR-22, Urban
Residential-12 (UR-12), Neighborhood Business (B-1), Community Business (B-2), and Light
Industrial(I-2). The proposed UR-22 zone implements the Corridor Mixed Use category and the
Phase I Development Regulations.
24. The Comprehensive Plan states that the Corridor Mixed Use category is intended to
enhance travel options, encourage development of locally serving commercial uses, multi-family
apartments, lodging and offices along major transportation corridors identified by the
Comprehensive Plan; recognizes the historical low-intensity, auto-dependent development pattern
of areas included in such category; and focuses on a pedestrian orientation with an emphasis on
aesthetics and design.
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25. The policies under Goal LUG-2 and LUG-9 of the Comprehensive Plan are relevant to
development and zoning proposed in the Corridor Mixed Use category. Such policies
contemplate the development of a variety of housing types in such category.
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26. The purpose and intent statement of the UR-22 zone, found at Zoning Code 14.622.100,
indicates that the UR-22 zone is intended primarily for multi-family dwellings, and is usually
0 located adjacent to major(Principal) or secondary(Minor) arterials; and that the UR-22 zone
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pr ovides for higher density housing in locations close to employment, shopping and major
transportation routes where movements of people can be handled efficiently and with least overall
adverse impacts. Offices are permitted in the UR-22 zone in order to provide some of the service
needs generated by high-intensity land uses.
27. Zoning Code 14.622.100 states that the general characteristics of UR-22 zone areas are
paved roads, public sewer and water, accessibility to schools and libraries, and a full line of public
services, including manned fire protection and public transit accessibility. Such section also states
that the UR-22 zone is intended to set standards for the orderly development of residential
property in a manner that provides a desirable living environment compatible with surrounding
land uses and assures the protection of property values.
28. The purpose and intent statement of the UR-22 zone is somewhat obsolete; since it was not
updated when the County amended the UR-22 zone in 1996 to add single-family and duplex
dwellings as permitted uses, when the new County Comprehensive Plan and the new City
Comprehensive Plan were respectively adopted, and the City recently updated the development
standards for the urban residential zones contained in the City Interim Zoning Code.
29. The minimum lot sizes in the UR-22 zone for a single-family residence, duplex and multi-
family dwelling are, respectively, 1,600 square feet, 3,200 square feet and 6,000 square feet. The
maximum density(net) in the UR-22 zone is 22 dwelling unit per acre, and the maximum building
height for all structures is 50 feet and four (4) stories.
30. The UR-22 zone permits a wide range of land uses; including single-family homes, duplexes,
multi-family dwellings, nursing/convalescent homes, business or professional offices, medical
office, family day care homes, hospital, church, schools of all types, etc.
31. The only public comments on the application were submitted by Lew Purcell, who lives
across Adams Road from the site. Purcell expressed concern that an auto repair shop may be
operated on the site, apparently based on prior use of the detached shop on the site; loss of
privacy; reduced property value; being able to access Adams Road from his driveway with the
increased traffic from the project; and the benefit to the public.
32. The UR-22 zone is an appropriate zone for the site; considering location of the site on a
corner adjacent to a designated Minor Arterial, near a Principal Arterial, and adjacent to a retail
supply store zoned B-3 on two sides of the site. Considering the location of single-family housing
to the north and west, such zoning is more suitable than a B-1, B-2 or I-2 zone use for the site;
i.e. other implementing zones for the Corridor Mixed Use category of the Comprehensive Plan.
33. Vera Water and Power, and the County Division of Utilities, respectively certified that .
public water and sewer are available to serve the rezone proposal and preliminary plat. The site is
already connected to public sewer and water.
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34. Rezone applications submitted without a site development plan, such as the current
proposal, are not subject to the transportation concurrency requirements of the City Phase I
Development Regulations.
35. Traffic concurrency, and any required road improvements, would be determined by City
Engineering at the time of building permit.
36. The proposed rezone meets the sewer, water and transportation concurrency requirements
of the Phase I Development Regulations.
37. Landscaping requirements may be applicable along the street frontages of the site, under the
UR-22 zone, depending on the level of improvements to the property.
38. The proposed rezone will not have more than a moderate effect on the quality of the
environment.
39. The City Planning Division found that the project conforms to the City Comprehensive Plan.
The Examiner concurs with such analysis. There is no competent evidence that the project will
reduce property values in the area.
40. Avista Utilities erroneously referred to the application as a"plat", and requested that the
applicant dedicate a 10-foot easement adjacent to Adams Road for an existing overhead electric
distribution line. The Spokane Tribe of Indians requested an archaeological survey of the site.
Since the rezone application is not tied to any specific development, there is no basis to impose
the conditions requested by Avista Utilities and the Spokane Tribe.
41. Conditions have changed in the area since the zoning of the site was reclassified to the UR-
3.5 zone in 1991. This includes the availability of public sewer for extension to the site,
residential and commercial growth in the area, designation of the site in the Corridor Mixed Use
category of the Comprehensive Plan, adoption and revision of the City Phase I Development
Regulations, inclusion of the site in the UGA, and incorporation of the City of Spokane Valley.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The City Interim Zoning Code authorizes a site-specific amendment to the City Zoning Map
e. zone reclassification) if the amendment is consistent with the Comprehensive Plan and is not
detrimental to the public welfare. See Zoning Code 14.402.020(1); and references to Zoning
Code 14.402.020(1) in Zoning Code 14.402.020 and Zoning Code 14.402.160.
2. 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.
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However, proof of a substantial change of circumstances is not required if the rezone implements
the comprehensive plan of the local government.
3. The proposed zone reclassification, as conditioned, conforms to the Comprehensive Plan,
and complies with the City Phase I Development Regulations.
4. The proposed rezone, as conditioned, bears a substantial relationship, and will not be
detrimental, to the public health, safety or welfare.
5. A substantial change in economic, technological, or land use conditions has occurred in the
area to warrant approval of the proposed rezone.
6. The proposed rezone, as conditioned, complies with the UR-22 zone, the City Interim
Zoning Code and other applicable development regulations.
7. 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
Interim Zoning Code for amending the City official zoning map.
8. 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.
9. Approval of the zone reclassification, as conditioned, is appropriate under Chapter
14.402.020 of the City Interim Zoning Code, and Chapter 10.35 of the Spokane Valley Municipal
Code (SVMC).
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
zone reclassification to the Urban Residential-22 (UR-22) 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.
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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 heirs,
successors and assigns, shall comply with the conditions of approval set forth in this decision.
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2. Development of the property shall comply with the Urban Residential-22(UR-22) zone, and
other applicable provisions of the City Interim Zoning Code.
SPOKANE COUNTY DIVISION OF UTILITIES
1. The existing improvements on the site are already connected to public sewer. Depending on
the nature of any new use or expansion proposed, additional sewer facilities may need to be
constructed. Commercial developments shall submit historical and or estimated water usage prior
to the issuance of the connection permit in order to establish sewer fees.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
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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.
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(in p ut) or higher. The a pp licant 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
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.
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WASHINGTON STATE DEPARTMENT OF ECOLOGY(SPOKANE OFFICE)
1. See recommendations in the Department of Ecology's letter dated June 14, 2007 to the
City of Spokane Valley Department of Community Development.
DATED this 13th day August, 2007
CITY HEARING EXAMINER PRO TEM
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Michael C. Dempsey, WSBA#823
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Section 10.35.150 of the City of Spokane Valley Municipal Code (SVMC), as
amended, 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 with standing files an appeal of the decision with the City Council of the City of
Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane Valley, Washington; in
accordance with all the requirements of SVMC #10.35.150.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on August 13, 2007. THE APPEAL CLOSING DATE IS AUGUST 27,
2007.
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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