REZ-33-06 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: Vladmir and Svetlana Kopets ) AND DECISION
File No. REZ-33-06 )
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 1.06 acres of land.
2. The site is located along the north side of Indiana Avenue, between Long Road and
Greenacres Road, and is situated in the SE 1/4 of Section 7, Township 25N, Range 45 EWM of
Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 55074.0518; and has a
site address of 18115 E. Indiana, Spokane Valley. The property is legally described on the rezone
site plan submitted on October 19, 2006.
4. The applicant and site owner is Vladimir and Svetlana Kopets, 4013 S. Linke Road,
Greenacres, Washington 99216.
5. On October 19, 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"). The applicant also submitted an application for a short plat, to divide the site into four
(4) lots for single-family dwellings, at a density(net) of 3.77 dwelling units per acre.
6. On January 26, 2007, the City Planning Division issued a Determination of Nonsignificance
(DNS) for the proposed rezone. The DNS was not appealed.
7. On March 15, 2007, the Hearing Examiner conducted a public hearing on the rezone
application. The notice requirements for the public hearing were met.
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-33-06 Page 1
9. The following persons testified at the public hearing:
Micki Harnois, Associate Planner
Spokane Valley Community Development Dept.
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
Interim Zoning Code, Interim Subdivision Ordinance, Phase I Development Regulations,
Standards for Road and Sewer Construction and Municipal Code; other applicable development
regulations; and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-33-06 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.
12. The site is approximately 1.06 acres in size, "L"-shaped, relatively flat in topography and
undeveloped. The property is vegetated with trees and grasses, and has been used in the past for
pasture.
13. The preliminary short plat submitted for the site is subject to administrative review and
approval by the City Planning Division,without a public hearing; which approval is contingent on
the approval of the current rezone by the Hearing Examiner.
14. 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.
15. The County Phase I Development Regulations designated the site and other land in the area
Y A � �
in the UGA; reclassified the zoning of the site, and the other land in the area lying west of Barker
Road and north of Mission Avenue, from the Suburban Residential-1 (SR-1) zone to the UR-7*
zone; and retained the UR-3.5 zoning of the land lying south of Mission Avenue, west of Barker
Road, in the area.
16. On March 31, 2003, the City of Spokane Valley was incorporated. The site and area are
located in the east portion of the city. Upon incorporation, the City of Spokane Valley adopted
by reference the County's comprehensive plan, development regulations and zoning maps; with
certain revisions not relevant to the current application.
17. On December 8, 2003, the Hearing Examiner approved the preliminary plat/PUD of Flora
Springs, to subdivide 9.5 acres of land located along the north side of Mission Avenue,
approximately one-fourth(1/4) mile southwest of the site; in the UR-7* zone. See Hearing
Examiner decision in File No. PE-1921-03/PUDE-5-03. Such preliminary plat was finalized as
Flora Springs PUD, for a total of 50 single-family lots. See County Assessor's map for Section 7.
HE Findings, Conclusions and Decision REZ-33-06 Page 2
18. On July 20, 2004, the Hearing Examiner City approved a preliminary plat to divide 11.6
acres of land located along the north side of Baldwin Avenue, approximately one-third(1/3) mile
west of the site, into 55 lots for single-family dwellings; in the UR-7* zone. See Hearing
Examiner decision in File No. SUB-05-04. Such preliminary plat was finalized as Hidden Valley,
and is being developed with homes.
19. Effective February 9, 2005, the City approved an area-wide rezone that legislatively
reclassified the UR-7* zoning of the site, and the other land in the area located north of Mission
Avenue and west of Barker Road, to the UR-3.5 zone. See City Ordinance No. 05-003.
20. City Ordinance No. 05-003 specifically recognized that the area-wide rezone would not
preclude site-specific rezones of such land back to the UR-7* zone, since the UR-7* zone is an
implementing zone for the Low Density Residential category of the City Interim Comprehensive
Plan in which the land in the rezone area is designated.
21. On March 15, 2005, the Hearing Examiner approved a preliminary plat to divide 3.2 acres
of land located along the south side of Baldwin Avenue, located less than one-half(1/2) mile
southwest of the site, into 11 lots for single-family dwellings; in the UR-7* zone. The application
for such project was submitted prior to the area-wide rezone approved by City Ordinance No. 05-
003. See decision in File No. SUB-12-04. The preliminary plat was finalized as Hidden Valley
First Addition, and is being developed with homes.
22. On April 26, 2005, the Hearing Examiner approved a preliminary plat to divide 3.25 acres of
land located along the north side of Mission Avenue, one-half(1/2) mile southwest of the site,
into 13 lots for single-family dwellings; in the UR-7* zone. The application for the preliminary
plat was submitted prior to the area-wide rezone approved by Ordinance No. 05-003. See
decision in File No. SUB-03-05. Such project was finalized as Inverness Subdivision.
23.
On April 26 2005, the Hearing
Examiner approved ved a preliminary plat to divide 3.0 acres of
land located along the north side of Mission Avenue, between Inverness Subdivision and Flora 1
Springs PUD, into 10 lots for single-family dwellings; in the UR-7* zone. The application for the
preliminary plat was submitted prior to the area-wide rezone approved by Ordinance No. 05-003.
See decision in File No. SUB-01-05. Such project was finalized as Hidden Valley 2nd Addition.
24. On April 28, 2005, the Hearing Examiner approved a preliminary plat to divide 9.35 acres
located 320 feet northeast of the site, at the southwest corner of the intersection of Montgomery
Avenue and Riverway Road, into 45 lots for single-family dwellings; in the UR-7* zone. The
preliminary plat application was submitted prior to the area-wide rezone approved by Ordinance
No. 05-003. See decision in File No. SUB-11-04.
25. 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 new Comprehensive Plan, pursuant to Ordinance No. 06-011.
HE Findings, Conclusions and Decision REZ-33-06 Page 3
26. The Comprehensive Plan designates the site and neighboring land in the Low Density
Residential category.
27. On May 26, 2006, the Hearing Examiner approved a rezone of 8.9 acres of land located
adjacent to the north half of the site, along the north side of Indiana Avenue, directly northwest of
the intersection of Indiana Avenue and Greenacres Road, from the UR-3.5 zone to the UR-7*
zone; and approved a preliminary plat to divide such acreage into 37 lots for single-family
dwellings. The application for such project was submitted after the area-wide rezone approved by
Ordinance No. 05-003, but before adoption of the Comprehensive Plan under Ordinance No. 06-
010. See decision in File No. REZ-28-05/SUB-13-05.
28. On February 15, 2007, the Hearing Examiner approved a rezone of 2.6 acres of land located
approximately .5 miles southwest of the site, at the northeast corner of the intersection of Flora
Road and Mission, from the UR-3.5 zone to the UR-7* zone; and approved the preliminary plat
of Flora Ridge, to divide such acreage into twelve (12) lots for single-family dwellings. The
application for such project was submitted after the area-wide rezone approved by Ordinance No.
05-003, and after adoption of the Comprehensive Plan under Ordinance No. 06-010. See File No.
REZ-26-06/SUB-07-06.
29. The final plats recently approved in the area are in various stages of development, with a
large number of new homes having already been constructed in the final plats located to the
southwest. Neighboring land otherwise consists of parcels ranging from one-fourth(1/4) of an
acre to approximately five (5) acres in size; most of which are developed with single-family
dwellings; along with some associated farming and large animal keeping on acreage parcels, and
some undeveloped land.
30. The land located east of Barker Road in the vicinity, between Mission Avenue and the
Spokane River, is generally developed with single-family dwellings at urban densities. Some
limited commercial uses are found along Barker Road north of the Interstate-90/Barker Road
freeway interchange.
31. The Interstate-90/Barker Road interchange is located approximately two-thirds (2/3) of a
mile southeast of the site. The Spokane River lies approximately one-fourth(1/4) mile northeast
of the site, and at greater distances to the north. The Spokane Centennial Trail, a public regional
trail system, runs along the south side of the river in the area.
32. The City Arterial Road Plan designates Flora Road as an Urban Minor Arterial; Mission
Avenue, east of Flora Road, as an Urban Collector Arterial; and Barker Road as an Urban
Principal Arterial.
33. The roads in the area are paved; but generally lack curb and sidewalk, except along the
frontage of the final plats being developed in the area. Indiana Avenue connects to Baldwin
Avenue, via a short expanse of Tschirley Road, a few blocks west of the site. Arc Road was
recently extended between Baldwin Avenue and Mission Avenue to the southwest.
HE Findings, Conclusions and Decision REZ-33-06 Page 4
34. Public sewer and road improvements have been installed in Baldwin Avenue, Flora Road
and Indiana Avenue in the vicinity. Indiana Avenue has been, or will be, strip paved to an
increased width of 24 feet between Tschirley Road and Greenacres Road as a part of such sewer
extension. See certification of sewer available by Spokane County Utilities, and decision in File
No. REZ-28-05/SUB-13-05.
35. The City recently widened and improved Barker Road in the area, including the installation
of a traffic signal at the intersection of Barker Road and Mission Avenue.
36. The only comments received from the public regarding the project were submitted by
Michael Coyle, who owns a .6-acre parcel(55074.1143) improved with a single-family residence
lying directly south of the east end of the site, across Greenacres Road. Coyle opposed approval
of the rezone; based on quality of life impacts, increased crime and noise pollution, and lack of
benefit to the community.
37. 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.
38. The UR-3.5 zone, which zone currently applies to the site, 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.
39. 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.
40. 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*".
41. 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; 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.
HE Findings, Conclusions and Decision REZ-33-06 Page 5
42. 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.
43. Policy CFP-4.6 of the Comprehensive Plan recommends that new development connect to
public sewer and water.
44. Approval of the proposed rezone by the Examiner would not authorize any p articular
development of the site, or approve the preliminary short plat submitted for the site.
45. 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. This would not include screening adjacent to the
UR-7* zone that abuts the north half of the site on the east, or adjacent to Indiana Avenue.
46. 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.
47. Michael Coyle did not submit any specific, competent evidence establishing that approval of
the proposed rezone would result in any significant increase in crime or noise pollution in the area,
or have any other significant impacts on neighboring properties.
48. 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.
49. The County Division of Utilities and Consolidated Irrigation District#19, respectively,
certified the availability of public sewer and water to the site if rezoned.
50. 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 concurrency requirements of the City Phase I Development
Regulations.
51. The site is appropriate for a rezone to the UR-7* zone. The site is designated in the Low
Density Residential category of the Comprehensive Plan, which category is implemented by the
UR-7* zone; abuts an 8.9-acre parcel zoned UR-7*, and approved for a preliminary plat; and is
served by a high level of public services.
HE Findings, Conclusions and Decision REZ-33-06 Page 6
52. The conditions of approval recommended by public agencies that apply only to the
preliminary short plat should not be incorporated as condi t ion s o f
a pp roval for the proposed
rezone.
53. 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.
54. 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.
55. Significant changed conditions have occurred in the area since the zoning of the site was
reclassified to the UR-3.5 zone in 2005, and which support approval of the rezone. This includes
the extension of public sewer to the site, adoption of the City Comprehensive Plan and
amendment of the City Phase I Development Regulations in 2006, the development of final plats
southwest of the site under the higher density allowed in the UR-7* zone, the rezone to the UR-
7* zone and approval of the preliminary plat for the land abutting the site, and the rezoning of the
land located at the northeast corner of the intersection of Mission Avenue and Flora Road to the
UR-7* zone.
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.
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 zoning of the site
was reclassified to the UR-3.5 by Spokane County in 2005.
HE Findings, Conclusions and Decision REZ-33-06 Page 7
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 successors in
interest, shall comply with the conditions of approval set forth in this decision.
2. The Spokane Valley Interim Zoning Map shall be updated to specify an Urban Residential-
7* (UR-7*) designation for the site, currently referenced as County Assessor tax parcel no.
55074.0518.
3. Any proposed development shall not exceed a maximum residential density of six(6)
dwelling units per acre.
BE Findings, Conclusions and Decision REZ-33-06 Page 8
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. Additional"latecomer fees"will be due, pursuant to the agreement executed between
"Spokane County" and"Lots n' Land". Please contact Kevin Cooke at 477-3604 regarding such
fees.
3. 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.
4. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance of
the sewer connection permit.
5. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
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
HE Findings, Conclusions and Decision REZ-33-06 Page 9
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
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 6th day of April, 2007
CITY HEARING EXAMINER PRO TEM
Michael C. Dempsey, :035
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
fmal 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 April 6, 2007. THE APPEAL CLOSING DATE IS APRIL 20, 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-33-06 Page 10