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REZ-28-06 i CITY OF SPOKANE VALLEY HEARING EXAMINER RE: Application for a Rezone, from the Urban ) Residential-3.5 (UR-3.5) Zone to the ( ) ) FINDINGS OF FACT, Urban Residential-7* (UR-7*) Zone; ) CONCLUSIONS OF LAW, Applicant: George Taylor ) AND DECISION File No. REZ-28-06 ) ) I. SUMMARY OF DECISION Hearing Matter: Application for a rezone from the UR-3.5 zone to the UR-7* zone. Summary of Decision: Approve application, subject to conditions of approval. II. FINDINGS OF FACT 1. The application seeks approval of a zone reclassification from the Urban Residential-3.5 (UR-3.5) zone to the Urban Residential-7* (UR-7*) zone, on approximately .8 acre of land. 2. The site is located along the north side of Broadway Avenue, approximately 160 feet east of the intersection of Broadway Avenue and University Road; and is situated in the NW 1/4 of Section 16, Township 25 North, Range 44 EWM, Spokane County, Washington. 3. The site is currently referenced as County Assessor's tax parcel nos. 45162.1019; and has a street address of 10715 East Broadway, Spokane Valley. The property is legally described on the preliminary short plat map submitted for the site. 4. The applicant and site owner is George Taylor, 11909 Alaska Loop, Hayden Lake, Idaho, 83835. 5. On September 14, 2006, the applicant submitted a complete application for a rezone in the above file to the City Department of Community Development- Planning Division("City Planning Division"). 6. On December 1, 2006, the City Planning Division issued a Determination of Nonsignificance (DNS) for the proposed rezone. The DNS was not appealed. 7. On January 18, 2007, the Hearing Examiner conducted a public hearing on the rezone application. The notice requirements for the public hearing were met. The Examiner conducted a site visit on January 18, 2007, prior to the hearing. 8. The Hearing Examiner heard the proposal pursuant to Chapter 10.35 of the Spokane Valley Municipal Code (SVMC), and the City Hearing Examiner Rules of Procedure. HE Findings, Conclusions and Decision REZ-28-06 Page 1 9. The following persons testified at the public hearing: Micki Harnois, Associate Planner Wayne Rogers Spokane Valley Community Development Dept. Storhaug Engineers 11707 E. Sprague Avenue, Suite 106 510 E. Third Avenue Spokane Valley, WA 99206 Spokane, WA 99202 Joan Greer Loretta Hayden 814 N. University Road 804 N. University Road Spokane Valley, WA 99216 Spokane Valley, WA 99216 Allen Knoles Kenneth Pearson 10805 E. Broadway 718 N. University Spokane Valley, WA 99206 Spokane, WA 99206 Janette Lacroix Shirley Pearson 10724 E. Broadway 718 N. University Spokane Valley, WA 99206 Spokane, WA 99206 10. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan, Interim Zoning Code, Subdivision Ordinance, Phase I Development Regulations, Standards for Road and Sewer Construction, Municipal Code, and other applicable development regulations; and prior land use decisions in the vicinity. 11. The record includes the documents in File No. REZ-28-06 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. The record does not include a letter dated January 17, 2007 from the Washington State Department of Ecology(WDOE), because it was submitted after the hearing was closed. Such letter is redundant of the letter submitted by WDOE on December 14, 2006. 12. The record includes an email that was submitted by Richard and Lisa Schott to the City Planning Division on January 18, 2007 prior to the public hearing, but not brought to the Examiner's attention until after the hearing was closed on such date; the response to such email submitted by Wayne Rogers on January 18, 2007, after the hearing was closed; a letter dated January 18, 2007 from Central Valley School District that was faxed to the City Planning Division during the public hearing, but not brought to the Examiner's attention until after the hearing; and correspondence between the Examiner regarding the emails and letters brought to the Examiner's attention after the public hearing. 13. The site is approximately .8 acre in size and relatively flat in topography. The site is improved with a single-family dwelling, which is attached to a garage through a breezeway. 14. On September 14, 2006, an application for a preliminary short plat was submitted in File No. SHP-37-06. The preliminary short plat map submitted on November 22, 2006 illustrates HE Findings, Conclusions and Decision REZ-28-06 Page 2 division of the site into three (3) lots; including two (2) lots for single-family dwellings that front along Broadway, and a duplex lot located in the north portion of the site. 15. The applicant plans to remove the garage and breezeway attached to the existing residence, and accommodate the modified residence on the lot proposed in the southeast corner of the site. All the lots in the short plat would access Broadway Avenue via a private driveway system; which would extend north along the east property line of the site, extend west along the common boundary between the duplex and the single-family lots, and include a turnaround. 16. The density(net), as well as the gross density, of the preliminary short plat is determined by dividing the proposed number of units (4) by the size of the site (.8 acres), and is approximately 5.0 dwelling units per acre. The preliminary short plat map incorrectly states the gross density of the site to be 3.76 dwelling units per acre. 17. The preliminary short plat is subject to administrative review and approval by the City Planning Division, without a public hearing. Such approval is contingent on the approval of the current rezone by the Hearing Examiner. Preliminary short plats are categorically exempt from SEPA review under the City's Local Environmental Ordinance. 18. Effective January 1, 1991, Spokane County reclassified the zoning of the site and neighboring land to the Urban Residential-3.5 (UR-3.5) zone; pursuant to the Program to Implement the Spokane County Zoning Code, a county-wide rezoning effort. 19. 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. The Phase I Development Regulations designated the site and area in the UGA, and retained the zoning of the site and neighboring land. 20. On March 31, 2003, the site and neighboring land were officially incorporated into the City of Spokane Valley. On the same date, the City adopted most of the County's land use controls by reference; subject to certain revisions not relevant to the current application. 21. On March 15, 2004, the Hearing Examiner approved a rezone of.69 acres of land located a few blocks southeast of the site, at the southeast corner of Raymond Road and Alki Avenue, from the UR-3.5 zone to the UR-7* zone, for the purpose of short-platting such acreage for single- family and duplex dwellings. See decision in File No. REZ-21-03. 22. On April 27, 2004, the Hearing Examiner approved a rezone of.87 acres of land located a few blocks northwest of the site, along Felts Road, approximately 100 feet north of Broadway Avenue, from the UR-3.5 zone to the UR-7* zone; for the purpose of short-platting such acreage for single-family and duplex dwellings. See decision in File No. REZ-02-04. 23. On May 10, 2006, the Hearing Examiner approved a rezone of.97 acres of land located a few blocks southeast of the site, along the north side of Valleyway Avenue, from the UR-3.5 zone HE Findings, Conclusions and Decision REZ-28-06 Page 3 to the UR-7* zone; for the purpose of short-platting such acreage for single-family and duplex dwellings. See decision in File No. REZ-05-06. 24. On May 10, 2006, the City implemented a new Comprehensive Plan, pursuant to City Ordinance No. 06-010. The City Phase I Development Regulations were updated to implement the Comprehensive Plan, pursuant to City Ordinance No. 06-011. 25. On November 15, 2006, the Hearing Examiner approved a rezone of 1.0 acre of land located a few blocks northeast of the site, at the southwest corner of the intersection of Boone Avenue and Van Marter Road, from the UR-3.5 zone to the UR-7* zone; for the purpose of short-platting such acreage for single-family and duplex dwellings. See decision in File No. REZ- 19-06. 26. The site and neighboring land are designated in the Low Density Residential category of the Comprehensive Plan; except for several acres of land located between 100 feet and 1,000 feet east of the site, along the south side of Broadway Avenue, which land is designated in the Public/Quasi-Public category. 27. A community center(Spokane Valley Center) is located approximately 100 feet southeast of the site, and a public elementary school is located directly east of the community center; with both uses being located along the south side of Broadway Avenue and designated in the Public/Quasi- Public category of the Comprehensive Plan. 28. Some scattered duplexes are located in the vicinity; including a duplex located near the site to the east along Broadway Avenue, and some duplexes located along Van Marter Road to the north. The area is otherwise dominated by single-family dwellings on lots of various sizes. 29. The City Arterial Road Plan designates University Road and Broadway Avenue as Urban Principal Arterials, and designates Bowdish Avenue to the east as an Urban Minor Arterial. Broadway Avenue is improved to four (4) lanes in the area, and has curbs and sidewalks. The intersection of Broadway Avenue and University Road is signalized. 30. Neighboring property owners submitted opposition to the rezone; based on such concerns as increased housing density, small lot sizes, defacing of the existing home on the site lack of parking, impacts on property values, adverse impacts from duplex rentals, adding to adverse impacts resulting from the nearby Spokane Valley Center, loss of privacy due to proximity of proposed structures to adjacent land, loss of quality of life, traffic congestion and pedestrian safety along Broadway Avenue, traffic safety concerns at the intersection of Broadway Avenue and University Road, difficulty of vehicular access onto Broadway Avenue, and other concerns. 31. The City Phase I Development Regulations require all zone reclassifications to be consistent with the implementing zone(s) specified in such regulations for the Comprehensive Plan designation that applies to the property. The UR-3.5 and UR-7* zones implement the Low Density Residential category of the Comprehensive Plan. HE Findings, Conclusions and Decision REZ-28-06 Page 4 • 32. The UR-3.5 zone is intended to promote areas of primarily single-family residences in an urbanized neighborhood setting. Such zone permits single-family homes, duplexes, and various other uses; and a maximum residential density of 4.35 dwelling units per acre. 33. The UR-7 zone is intended to add to the variety of housing types and densities in urban areas, and to provide standards for the orderly development of residential property in a manner that provides a desirable living environment that is compatible with surrounding land uses and assures the protection of property values. The UR-7 zone permits the same uses as the UR-3.5 zone, as well as multi-family dwellings and certain other more intensive uses. 34. The City Phase I Development Regulations limit the density(net) of new residential development on land designated in the Low Density Residential category of the Comprehensive Plan, and rezoned to the UR-7 under such regulations, to six(6) dwelling units per acre. Such zoning is referenced as "UR-7*". 35. The minimum lot area in the UR-7 zone is 6,000 square feet for a single-family dwelling, and 11,000 square feet for a duplex. The minimum frontages in the UR-7 zone are 65 feet for a single-family dwelling and 90 feet for a duplex. The minimum building setbacks and the maximum building height in the UR-7 zone are the same as they are in the UR-3.5 zone. 36. The Staff Report sets forth relevant ant 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; which 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. 37. 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. 38. Policy CFP-4.6 of the Comprehensive Plan recommends that new development connect to public sewer and water. 39. The maximum number of dwelling units that can be developed on the site under the UR-7* zone is four (4); which is only one (1) more dwelling unit than can be developed on the site under the UR-3.5 zone. 40. The approval of the proposed rezone by the Examiner would not authorize any particular development of the site, or approve the preliminary short plat submitted for the site. 41. The UR-7 zone requires the installation of a 6-foot high, sight-obscuring fence, wall or solid landscaping adjacent to land zoned UR-3.5, except adjacent to a public road or alley. Such screening requirement applies along all exterior boundaries of the site, except the south boundary lIE Findings, Conclusions and Decision REZ-28-06 Page 5 adjacent to Broadway Avenue; and would help buffer the increased density of housing on the site from adjacent residences. 42. Because the rezone application is not tied to a specific site plan for the purpose of review by the Examiner, the application is exempt from the transportation concurrency requirements of the City Phase I Development Regulations. Traffic concurrency, and any required road improvements, would be determined by City Engineering at the time of building permit or short plat. 43. The conditions of approval submitted by City Engineering for the proposed short plat indicate that traffic improvements would not be required for the proposed short plat, considering the fully improved character of Broadway Avenue. The applicant indicated that City Engineering did not request a detailed traffic analysis for the proposed short plat, because of the small amount of traffic that the proposed short plat would generate. 44, The applicant indicated that vehicles exiting the short plat would use the proposed turnaround illustrated on the preliminary short plat map, which has been approved by Spokane County Fire District 1 for fire access, and not have to back onto Broadway Avenue; the residence on the site would be restored to an aesthetically pleasing condition after being modified; home values have increased significantly in the area since 2000; and the housing developed on the site would be mostly middle income and would not reduce the values of neighboring properties. 45. Neighboring property owners did not establish, through competent traffic engineering evidence, that approval of the rezone would result in a failing level of service at any street intersections impacted by development of the site under the UR-7* zone, or have any significant adverse impact on traffic safety. Such owners did not establish, through competent evidence on values, that the proposed rezone would have any significant adverse impact on neighboring property values. 46. There is no evidence in the record that the parking standards of the City Interim Zoning Code for single-family homes and duplexes (2 spaces per dwelling unit) cannot be met if the site is developed for a maximum of four(4) dwelling units under the proposed UR-7* zone. 47. The City Phase I Development Regulations do not require land use proposals to provide direct concurrency for schools, and approval of the rezone does not approve any specific development of the site. Accordingly, the concerns submitted by Central Valley School District regarding the need to bus students to meet school capacity needs, and the lack of sufficient school capacity after September of 2008, does not provide a basis for the Examiner to deny or condition the proposed rezone based on school impacts. 48. The County Division of Utilities and Modern Electric Water Company, respectively, certified the availability of public sewer and water to the site for the three (3) additional dwelling units that could be added to the site through the approval of the proposed rezone and proposed short plat. HE Findings, Conclusions and Decision REZ-28-06 Page 6 49. The Spokane Regional Health District and County Utilities conditions of approval require the uses on the site to be connected to public sewer and water. The proposed rezone complies with the public sewer and water concuirency requirements of the City Phase I Development Regulations. 50. The site is suitable for a rezone to the UR-7* zone. The site is designated in the Low Density Residential category of the Comprehensive Plan, abuts a fully improved Urban Principal Arterial, lies only 160 feet east of the intersection of such arterial with another Urban Principal Arterial, is located within walking distance of public transit at such intersection, and is served by a high level of public services. 51. The conditions of approval recommended by public agencies that apply only to the preliminary short plat should not be incorporated as conditions of approval for the proposed rezone. 52. No public agencies, other than Central Valley School District, expressed concerns regarding the proposal. The environmental checklist submitted for the proposal, and its review by City Planning, indicate that the proposed rezone will not have any probable adverse impact on the environment. The DNS issued for the rezone application was not appealed. 53. The Staff Report analyzed the consistency of the rezone application with the Comprehensive Plan, and found that the proposed rezone was in conformance to the Comprehensive Plan. The Hearing Examiner agrees with such analysis. 54. Significant changed conditions have occurred in the area since the zoning of the site was reclassified to the UR-3.5 zone in 1991, and which support approval of the rezone. This includes the extension of public sewer to the area, adoption of the City Comprehensive Plan and City Phase I Development Regulations, the approval of a number of rezones to the UR-7* for single- family and duplex residential development within a few blocks of the site, 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 the approval of a site-specific zone reclassification, if the proposed rezone is consistent with the Comprehensive Plan and 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. However, proof of a substantial change of circumstances is not required if the rezone implements the comprehensive plan of the local government. HE Findings, Conclusions and Decision REZ-28-06 Page 7 3. The proposed rezone, 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 circumstances has occurred in the area since the site was zoned UR- 3.5 by Spokane County in 1991, and also since such zoning was continued under the City Interim Zoning Code and City Phase I Development Regulations in 2003. 6. The proposed rezone, as conditioned, complies with the UR-7* 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 paragraph 14.402.020(1) 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 the City Interim Zoning Code, the City Phase I Development Regulations, Chapter 10.35 of the Spokane Valley Municipal Code (SVMC), and the rezone criteria established by Washington case law. IV. DECISION Based on the Findings of Fact and Conclusions of Law above, the application for a zone reclassification of the site to the Urban Residential-7* (UR-7*) 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. 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. BE Findings, Conclusions and Decision REZ-28-06 Page 8 2. The Spokane Valley Interim Zoning Map shall be updated to specify an Urban Residential- 7* (UR-7*) designation for Parcel No. 45162.1019. 3. Any proposed development shall not exceed a maximum density of six(6) dwelling units per acre. 4. Consistent with Section 14.622.356 (Walls) of the Spokane Valley Interim Zoning Code, the applicant shall construct a six(6)-foot high concrete, masonry, or decorative block wall, solid landscaping or site-obscuring fence on the west, east and north property lines of the site prior to the issuance of any building permit Further, the applicant shall submit a written agreement requiring that the applicant or successors in interest to continuously maintain such required screening in good condition. The applicant shall, at the same time, agree that at the time of sale of any and all of the parcels created through the short plat of the property, to notify in writing all buyers of the requirement to maintain the required screening along the portion of the property under their direct control. SPOKANE TRIBE OF INDIANS 1. If any artifacts or human remains are found upon excavation, the office should be notified immediately and the work in the immediate area promptly cease. CITY OF SPOKANE VALLEY ENGINEERING DEPARTMENT 1. All conditions will be deferred to the time of building permit or short plat application. 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-28-06 Page 9 SPOKANE REGIONAL HEALTH DISTRICT 1. The sewage disposal method shall be as 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 project. 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. 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-28-06 Page 10 • 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. WASHINGTON STATE DEPARTMENT OF ECOLOGY 1. The applicant shall comply with the requirements set forth in the letter dated December 14, 2006 from the Washington State Department of Ecology to the City of Spokane Valley, in File No. REZ-28-06. DATED this 1st day of March, 2007 CITY HEARN EXAMINER PRO TEM Aft Michael C. Dempsey, WSB A •s:: 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 March 1, 2007. THE APPEAL CLOSING DATE IS MARCH 15, 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. 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 may be inspected at the City of Spokane Valley Department of Community Development-Planning Division, 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. HE Findings, Conclusions and Decision REZ-28-06 Page 11