REZ-04-06 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for Zone Reclassification from )
the Urban Residential-3.5 (UR-3.5) Zone ) REVISED
to the Urban Residential-7* (UR-7*) Zone; ) FINDINGS OF FACT,
Applicant: Dan Coyle ) CONCLUSIONS OF LAW,
File No. REZ-04-06 ) AND DECISION
I. SUMMARY OF DECISION
Hearing Matter: Application for a zone reclassification from the UR-3.5 zone to the UR-7*
zone.
Summary of Decision: Approve application, subject to conditions of approval.
H. 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 .53 acres of land.
2. The site is located along the east side of Bowdish Avenue, directly northeast of the
intersection of Seventh Avenue and Bowdish Road; and is situated in the SW 1/4 of the NW 1/4 of
Section 21, Township 25 North, Range 44 East, Willamette Meridian, Spokane County,
Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45211.3501 and
45211.3502; and is addressed at 621 and 625 South Bowdish Road, Spokane Valley. The
property is legally described on the short plat map recently recorded for the site.
4. The applicant and owner is Dan Coyle, P.O. Box 412, Veradale, WA, 99037. The site
owner is Dan and Beth Coyle, and The EMHO Corporation.
5. On October 14, 2005, a short plat referenced as Short Plat SHP-16-05 was recorded with
the County Auditor; which divided the site, from west to east, into an 11,843-square foot lot and
an 11,415-square foot lot. The final short plat map illustrates a 20-foot wide driveway with a
central hammerhead turnaround extended along the north boundary of the site, which driveway
provides access to the two lots.
6. On January 30, 2006, the applicant submitted a complete application for a zone
reclassification to the City of Spokane Valley Department of Community Development, in the
current file.
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7. On March 24, 2006, the City Department of Community Development issued a
Determination of Nonsignificance (DNS) for the proposed rezone and short plat applications.
The DNS was not appealed.
8. The Hearing Examiner conducted a site visit on April 26, 2006, and conducted a public
hearing on the rezone application on April 27, 2006. The legal requirements for notice of public
hearing were met.
9. The Hearing Examiner heard the proposal pursuant to the City Hearing Examiner
Ordinance, and the City Hearing Examiner Rules of Procedure.
10. The following persons testified at the public hearing:
Karen Kendall, Associate Planner
Spokane Valley Community Development Dept.
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
11. The Hearing Examiner takes notice of the City of Spokane Valley Interim Comprehensive
Plan, Zoning Code, Subdivision Ordinance, City Phase I Development Regulations, City 2001
Standards for Road and Sewer Construction, other applicable development regulations, and prior
land use decisions in the vicinity.
12. The record includes the documents in File No. REZ-04-06 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.
13. The site is approximately .53 acres in size and relatively flat in topography. A single-family
home is being constructed on the easterly lot located on the site. The applicant proposes to
develop a duplex on the westerly lot on the site if the current application is approved.
14. Effective January 1, 1991, Spokane County reclassified the zoning of the site and nearby
land to the UR-3.5 zone, pursuant to the Program to Implement the Spokane County Zoning
Code, a county-wide rezoning effort.
15. 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.
16. The County Comprehensive Plan designated the site; and nearby land located to the north,
east and south; in the Low Density Residential category. The County Comprehensive Plan
designated the land lying westerly of Bowdish Avenue and the site, north of Eighth Avenue, in the
Urban Activity Center category. .
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17. The County Comprehensive Plan designated the land lying along the east side of Bowdish
Avenue, north of Fourth Avenue, in the High Density Residential category; and designated the
land located along and near Sprague Avenue to the north in the Regional Commercial category.
The land located along Pines Road(State Route No. 27) to the east is designated in the Mixed
Use category
18. The County Phase I Development Regulations retained the Urban Residential-3.5 (UR-3.5)
zoning of the site and nearby land, and the zoning of the other land near the site.
19. 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 by reference, as City land use controls,
the County's Comprehensive Plan, Zoning Code, Phase I Development Regulations and certain
other development regulations;with certain revisions not relevant to the current application.
20. On August 11, 2005, the Hearing Examiner approved the rezone of.59 acres of land located
directly northwest of the site, at the southwest corner of the intersection of Bowdish Road and
Sixth Avenue, from the UR-3.5 zone to the Urban Residential-22 (UR-22) zone; to allow such
land to be short-platted into three (lots) for an existing single-family home, and two (2) new
duplexes. See decision in REZ-15-05.
21. The land lying near the site is improved with single-family homes on lots of various sizes.
Some duplexes are found to the northwest along Sixth Avenue, and to the northeast along Wilbur
Road north of Sixth Avenue. Apartments, on land zoned UR-22, are found to the northwest and
northeast, north of Fourth Avenue. Commercial uses and zoning are located along Sprague
Avenue and Pines Road(SR-27) in the area.
22. The City Arterial Road Plan map designates Bowdish Road and Eighth Avenue as Urban
Minor Arterials, Fourth Avenue as an Urban Collector Arterial, and Sprague Avenue as an Urban
Principal Arterial. The other roads in the vicinity are considered Urban Local Access roads.
Pines Road(SR-27) is a 5-lane state highway in the area.
23. The City Zoning Code authorizes a site-specific amendment to the City Zoning Map (i.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.
24. 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
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.
25. 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
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designations that apply to the subject property. The implementing zones for the Low Density
Residential category, in which the site is designated, are the UR-3.5 and UR-7 zones. The
proposed UR-7* zone implements the Phase I Development Regulations.
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26. The UR-7 zone is intended to add to the variety of housing types and densities, and to
p rovide 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 development of single-family homes,
duplexes, multi-family dwellings and certain other uses.
27. The City Phase I Development Regulations limit new residential development on land
rezoned to the UR-7 under such regulations to a maximum density(net) of six (6) dwelling units
per acre, with such zoning referred to as "UR-7*". The density(net) of the site, if developed for
a single-family home and duplex as proposed, is approximately 5.67 dwelling units per acre. The
UR-7 zone otherwise permits a density(net) of seven(7) dwelling units per acre.
28. The minimum lot area in the UR-7 zone is 6,000 square feet for a single-family dwelling,
and is 11,000 square feet for a duplex. The minimum frontage in the UR-7 zone is 65 feet for a
single-family dwelling, and 90 feet for a duplex. The proposed development of the site complies
with such standards.
29. Neighboring property owners did not comment on the proposal.
30. Policy UL.9.1 of the Comprehensive Plan recommends that residential densities in the Low
Density Residential category of the Comprehensive Plan range from 1-6 dwelling units per acre.
Policy UL.9.2 recommends that the County seek to achieve an average residential density in new
development of at least four(4) dwelling units per acre, through a mix of densities and housing
Policy UL.8.1 recommends that mixed-income development be provided for in residential areas.
The proposed rezone generally implements these policies.
31. The Staff Report sets forth applicable policies of the Comprehensive Plan, and finds the
proposed rezone to be consistent with such policies and the development standards of the UR-7
zone. The Examiner agrees with such analysis, as supplemented herein.
32. 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. This will
help buffer the increased density of housing allowed by a rezone to the UR-7* zone from the
lower density housing located adjacent to and near the site.
33. Because the rezone is not tied to a specific site plan for the purpose of review by the
Examiner, the proposed rezone is exempt from transportation concurrency requirements under the
City Phase I Development Regulations. Traffic concurrency, and required road improvements,
would be determined by City Engineering at the time of building permit.
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34. Approval of the rezone does not authorize any particular development of the site, or
approval of the preliminary short plat submitted for the site.
35. The County Division of Utilities and Modern Electric Water Company, respectively,
certified the availability of public sewer and water for the rezone and proposed short plat. The
proposed rezone complies with the public sewer and water concurrency requirements of the City
Phase I Development Regulations.
36. The site is suitable for a rezone to the UR-7* zone; considering it is located adjacent to the
Urban Activity Center category of the Comprehensive Plan on the west, its location along an
Urban Minor Arterial and near two other arterials, its relative nearness to commercial uses to the
east and north, and the availability of a high level of public services to the site.
37. The current rezone application conforms to the Comprehensive Plan. In addition, changed
conditions have occurred in the area since the zoning of the site was reclassified to the UR-3.5
zone in 1991. This includes the extension of public sewer to the area, the rezone of the land
located northwest of the site to the UR-22 zone for increased housing density, adoption of the
City Comprehensive Plan and City Phase I Development Regulations, and incorporation of the
City of Spokane Valley.
38. The Hearing Examiner has imposed those conditions that apply to the rezone of the
property, but not to the specific development of the property proposed by the applicant.
39. The Hearing Examiner issued a decision in the above matter on May 8, 2006. The decision
contained an error, in identifying the planner testifying at the hearing as Micki Harnois, instead of
Karen Kendall. This decision corrects the error.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed zone reclassification, as conditioned, conforms to the City Comprehensive
Plan.
2. The proposed rezone, as conditioned, bears a substantial relationship, and will not be
detrimental, to the public health, safety or welfare.
3. A substantial change of circumstances has occurred in the area since the site was last zoned.
4. The proposed rezone, as conditioned, complies with the UR-7* zone, the City Zoning Code
and other applicable development regulations.
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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.
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6. The proposed rezone, as conditioned, complies with the UR-7* zone, the City Zoning Code
and other applicable development regulations.
7. Approval of the zone reclassification, as conditioned, is appropriate under Chapter
14.402.020(1) of the City Zoning Code, and Chapter 10.35 of the Spokane Valley Municipal
Code; and meets the criteria established by Washington case law for approving a rezone
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 OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT-
CURRENT PLANNING
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.
2. Development of the property shall comply with the Urban Residential-7*(UR-7*) zone.
3. 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 north and south property lines of Parcel Nos.
45211.3501 and 45211.3502, and along the east property line of Parcel No. 45211.3502.
Further, the applicant shall submit a written agreement requiring that the applicant or successors J
in interest shall 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.
4. Upon any discovery of potential or known archaeological resources at the subject property
prior to or during future on-site construction, the developer, contractor, and/or any other parties
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involved in construction shall immediately cease all on-site construction, shall act to protect the
potential or known historical and cultural resources area from outside intrusion, and shall notify,
within a maximum period of twenty-four(24) hours from the time of discovery, the City of
Spokane Valley
Community Development
Department nt of said discove r
Y
SPOKANE COUNTY DIVISION OF UTILITIES
1. A wet(live) sewer connection to the area-wide Public Sewer System is to 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 the 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 Spokane County Division of Utilities shall be submitted prior
to the finalization of the preliminary plat.
4. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
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.
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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
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(SPOKANE OFFICE)
1. Any discharge of sediment-laden runoff or other pollutants to waters of the state is in
violation of Chapter 90.48, Water Pollution Control, and WAC 173-201A, Water Quality
Standards for Surface Waters of the State of Washington; and is subject to enforcement action.
2. Proper disposal of construction debris must be on land in such manner that debris cannot
enter the natural stormwater drainage system or cause water quality degradation of state waters.
3. Proper erosion and sediment control practices must be used on the construction site and
adjacent areas to prevent upland sediments from entering the natural stormwater drainage system.
All areas disturbed or newly created by construction activities must be revegetated; use
bioengineering techniques, use clean durable riprap, or some other equivalent type of protection
against erosion when other measures are not practical.
4. Any operation which would generate a waste discharge or have the potential to impact the
quality of state waters, must receive specific prior authorization from Department of Ecology as
HE Findings, Conclusions and Decision REZ-04-06 Page 8
provided under Chapter 90.48 RCW, Chapter 173-216 WAC, Chapter 173-220 WAC, Chapter
173-200 WAC and Chapter 173-201A WAC.
5. All dry wells and other injection wells must be registered with the Underground Injection
Control program(UIC) at Department of Ecology. Contact the UIC staff at UIC Program,
Department of Ecology, PO Box 47600, Olympia, WA 98504-7600 or (360) 407-6616 for
registration forms and further information.
6. Dry wells cannot be used for disposal of stormwater, unless a treatment device or all known
available and reasonable methods of prevention, control and treatment(AKART) is provided
prior to injection and the discharge can meet the Ground Water Standards, Chapter 173-200
WAC. Examples of AKART are grassy swales, sand filters, catch basins, and wet and dry ponds.
A coalescing plate oil/water separator or equivalent treatment must be used in high traffic areas •
where gasoline or oil contamination or storm water is likely to be present. Disposal of antifreeze,
oil and other pollutants into drywells is not allowed.
7. Routine inspection and maintenance of all sediment and erosion control devices is
recommended both during and after development of the site.
8. During construction, all releases of oils, hydraulic fluids, fuels, other petroleum products,
paints, solvents, and other deleterious materials must be contained and removed in a manner that
will prevent their discharge to waters and soils of the state. The cleanup of spills should take
precedence over other work on the site.
9. Dumpsters and refuse collection containers must be leak free with close fitting covers. The
drainage for refuse containers and dumpster areas adjacent to or over the water must be
connected to the sanity sewer or otherwise designed to prevent leachate from being discharged to
surface waters.
10. On-site septic tank and drainfield systems are designed to treat and dispose of domestic
wastewater or its equivalent only. Commercial and industrial operations discharging wastes other
than domestic wastewater to on-site systems may result in ground water contamination and could
cause the facility owner or operator to incur severe liabilities.
DATED this 9th day of May, 2006
CITY HEARING EXAMINER PRO TEM
E.:7 z2.4,ec_. 4), ,,,,
Michae C. Dempsey, WSBA#8235
4
HE Findings, Conclusions and Decision REZ-04-06 Page 9
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 May 9, 2006. THE APPEAL CLOSING DATE IS MAY 23, 2006.
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, 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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