REZ-09-06 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for Zone Reclassification from )
the Urban Residential-3.5 (UR-3.5) Zone ) FINDINGS OF FACT,
to the Urban Residential-7* (UR-7*) Zone; ) CONCLUSIONS OF LAW,
Applicant: Whipple Consulting Engineers ) AND DECISION
File No. REZ-09-06 )
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 .57 acres of land.
2. The site is located along the north side of Valleyway Avenue, directly northwest of the
intersection of Bolivar Road and Valleyway Avenue, and 500 feet east of Evergreen Road. The
property is situated in the SW 1/4 of Section 14, Township 25N, Range 44 EWM, Spokane
County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45143.1576, and is
addressed at 14021 East Valleyway, Spokane Valley. The property is legally described on the
preliminary short plat map submitted for the site.
4. The applicant is Whipple Consulting Engineers, Inc., 2528 N. Sullivan Road, Spokane
Valley, Washington 99216. The site owners are John and Linda Klein, 721 N. Pines Road,
Spokane Valley, Washington 99206.
5. On March 14, 2006, the applicant submitted a complete application for a zone
reclassification to the City of Spokane Valley Department of Community Development, in the
above file. On the same date, the applicant submitted a preliminary short plat application to divide
the site into two (2) lots, from east to west, including a north lot of 14,453 square feet for an
existing duplex and a south lot of 10,304 square feet for a proposed single-family dwelling. The
density of the proposed short plat is 5.26 dwelling units per acre.
6. On April 21, 2006, the City Department of Community Development issued a
Determination of Nonsignificance (DNS) for the rezone and short plat applications. The DNS
was not appealed.
HE Findings, Conclusions and Decision REZ-09-06 Page 1
7. The Hearing Examiner conducted a public hearing on the rezone application on June 1,
2006. The notice requirements for the public hearing were met. The Examiner conducted a site
visit on May 31, 2006.
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.
9. The following persons testified at the public hearing:
Heather Stinson, Associate Planner Sandra Raskell
Spokane Valley Community Development Dept. Whipple Consulting Engineers, Inc.
11707 E. Sprague Avenue, Suite 106 2528 N. Sullivan Road
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Linda Lafser Bryan Robb
14010 E. Alki Avenue 415 N. Barmen
Spokane Valley, WA 99216 Spokane Valley, WA 99216
10. 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.
11. The record includes the documents in File No. REZ-09-06 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 .57 acres in size and relatively flat in topography, with a maximum
slope of 10% located in the middle of the site. The north half of the property is improved with a
duplex, which is setback approximately 44 feet from the north property line, and approximately
5.5 feet from the east and west property lines, respectively. The site is vegetated with residential
landscaping; including grasses, shrubs and trees. The site plan of record, submitted on March 15,
2006, illustrates the existing improvements on the site.
13. Effective January 1, 1991, Spokane County reclassified the zoning of the site and nearby
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.
14. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA) boundaries and County Phase I Development Regulations, pursuant
to the State Growth Management Act. The County Phase I Development Regulations designated
the site and area in the UGA.
15. The County Comprehensive Plan designated the site and neighboring land in the Low
Density Residential category; except for the land lying west of Evergreen Road, to a depth of 300
HE Findings, Conclusions and Decision REZ-09-06 Page 2
feet, which is designated in the Mixed Use category; and except for the land located along
Sprague Avenue to the south, which is designated in the Regional Commercial category.
16. The County Phase I Development Regulations retained the zoning of the site and
neighboring land.
17. On March 4, 2002, the County approved the rezone of 1.6 acres of land located at the
northeast corner of Valleyway Avenue and Evergreen Road, approximately 200 feet west of the
site, from the UR-3.5 zone to the Urban Residential-22 (UR-22) zone, for the development of
professional offices. See decision in File No. ZE-23-01.
18. On March 31, 2003, the City of Spokane Valley was incorporated, which included the site
and other land in the area. 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,
zoning and comprehensive plan maps, and certain other development regulations; subject to
certain revisions not relevant to the current application.
19. On May 10, 2006, the City adopted a new Comprehensive Plan. The City is in the process
of drafting new zoning regulations to implement such plan.
20. Under Section 13.300.110 of the City's application review procedures for project permits, a
land use application must be reviewed under the development regulations in place when a
complete application for the land use action is submitted. Since the current application was
submitted as complete on March 14, 2006, it is not subject to review under the new
Comprehensive Plan.
21. Nearby land generally consists of lots similar in size to the current site or smaller, developed
with single-family homes; except for a duplex located directly west of the site, a 1.6-acre parcel
developed with an office complex located 200 feet west of the site, three (3) parcels of vacant
land located a short distance northwest of the site, a 1.54-acre parcel of vacant land located 250
feet north of the site, and two (2) duplexes on 8,000-square foot lots located a short distance
southeast of the site. See parcel information in file.
22. The City Arterial Road Plan designates Valleyway Avenue as an Urban Collector Arterial,
Evergreen Road as an Urban Principal Arterial, Broadway Avenue and Sprague Avenue as Urban
Principal Arterials, and Adams Road to the east as an Urban Minor Arterial.
23. Evergreen Road is improved to five (5) lanes in the area, including a center turn lane, and
curb and sidewalk. Separated sidewalks are found along the north side of Valleyway Avenue
west of and adjacent to the site. Sprague Avenue comprises a major commercial and
transportation corridor in the area. Some commercial uses are found along Evergreen Road in the
area.
24. Opposition to the proposed rezone was submitted by the owners of approximately 14
parcels of land located adjacent to or near the site; along Valleyway Avenue, Bannen Road and
HE Findings, Conclusions and Decision REZ-09-06 Page 3
Alki Avenue. This did not include the owner of the parcel lying directly north of the site, or the
owner of the parcel lying directly east of the center of the site.
25. The opponents of the proposed rezone objected to the location of a UR-7* zone surrounded
by UR-3.5 zoning, spot zoning, inconsistency with the Comprehensive Plan, congestion on the
site resulting from location of an existing large duplex and a new single-family home on the site,
inconsistency of proposed development of the site with neighboring properties, small lot sizes and
yards created by proposed short plat compared to nearby lots, loss of privacy, impacts on
property values, aesthetics, creating the incentive for rental housing on the site, and other
concerns.
26. 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.
27. 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.
28. Under Washington case law, "community displeasure", standing alone, cannot form the
basis for denying a land use proposal. Such opposition must be based on the criteria established
by local regulations for approving or denying the proposal.
29. 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. 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 City Phase I Development Regulations.
30. The UR-3.5 zone, which 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 certain other uses. The UR-3.5 zone permits a maximum
residential density of 4.35 dwelling units per acres. The minimum lot size for a single-family
dwelling and a duplex dwelling is, respectively, 10,000 square feet and 20,000 square feet; while
the minimum frontage for both uses is 80 feet.
31. The UR-7 zone is intended to add to the variety of housing types and densities, 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 development of single-family homes,
duplexes, multi-family dwellings and certain other uses.
HE Findings, Conclusions and Decision REZ-09-06 Page 4
32. 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 UR-7 zone otherwise permits a density
(net) of seven(7) dwelling units per acre.
33. 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 frontage in the UR-7 zone is 65 feet for a single-
family dwelling and 90 feet for a duplex. The minimum building setbacks, and the maximum
building height, specified in the UR-7 zone and the UR-3.5 zone are the same.
34. Policy UL.9.1 of the City Interim Comprehensive Plan recommends that residential densities
in the Low Density Residential category 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.
35. The Staff Report sets forth applicable policies of the Interim 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.
36. 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
requirement would apply along the north, east and west boundaries of the site, and would help
buffer the increased density of housing allowed on the site by a rezone to the UR-7* zone from
the lower density housing abutting or lying near the site.
37. Approval of the rezone does not authorize any particular development of the site, or
approval of the preliminary short plat submitted for the site. The environmental checklist
indicates that the site would contain three(3) middle income housing units under the UR-7* zone,
and that screening and landscaping would be used to buffer the site from neighboring properties.
The 14,453-square foot duplex lot that would be created by the proposed short plat is larger than
the two (2) 9,000-square foot duplex lots located southwest of the site along the east side of
Bannen Road; and the 10,304-square foot single-family lot that would be created by the proposed
short plat is approximately the same size as many single-family lots in the vicinity.
38. Because the rezone application is not tied to a specific site plan, for the purpose of review
by the Examiner, it 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 short plat approval or building permit.
39. The County Division of Utilities and Vera Irrigation District#15, respectively, certified the
availability of public sewer and water for the rezone and proposed short plat. The duplex on the
site is currently served by public sewer and water. The proposed rezone complies with the public
sewer and water concurrency requirements of the City Phase I Development Regulations.
HE Findings, Conclusions and Decision REZ-09-06 Page 5
40. The site is suitable for a rezone to the UR-7* zone; considering the site is designated in the
Low Density Residential category of the Comprehensive Plan, is located along an Urban Collector
Arterial, lies less than 500 feet from an Urban Principal Arterial(Evergreen Road), has excellent
access to the City arterial road system, lies 200 feet from an office complex zoned UR-22, and is
served by a high level of public services.
41. The rezone application conforms to the City Interim 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, significant road
improvements along Evergreen Road, adoption of the City Interim Comprehensive Plan and City
Phase I Development Regulations, approval of a rezone to the UR-22 zone and development of
an office complex on a 1.6-acre parcel lying 200 feet west of the site, and incorporation of the
City of Spokane Valley.
42. The Examiner has not imposed conditions of approval on the rezone that apply only to the
preliminary short plat application.
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 Interim
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.
5. The procedural requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met. The proposal, as conditioned, will not have a
significant, probable adverse impact on the environment.
6. 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
HE Findings, Conclusions and Decision REZ-09-06 Page 6
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. 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
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 of said discovery.
3. The applicant shall construct a six(6)-foot high concrete, masonry, or decorative block wall,
solid landscaping or sight-obscuring fence on the north, east and west property lines prior to final
short plat approval, or prior to issuance of a building permit in the absence of short plat approval.
The applicant shall submit a written agreement agreeing that the applicant or successors in interest
shall continuously maintain in good condition the 6-foot high sight- obscuring barrier. The
applicant shall at the same time agree that at time of sale of any and all of the parcels created
through a short plat action, the applicant shall notify in writing all buyers of the requirement to
maintain such barrier.
CITY OF SPOKANE VALLEY ENGINEERING DEPARTMENT
1. A transportation concurrency determination, and the imposition of additional conditions or
mitigation, shall be deferred until the time of preliminary short plat, building permit or other land
use application.
HE Findings, Conclusions and Decision REZ-09-06 Page 7
SPOKANE COUNTY DIVISION OF UTILITIES
1. Pursuant to the City Phase I Development Regulations, 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 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.
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.
HE Findings, Conclusions and Decision REZ-09-06 Page 8
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 4MMBTU/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
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.
HE Findings, Conclusions and Decision REZ-09-06 Page 9
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
WAG 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.
SPOKANE VALLEY FIRE DEPARTMENT
1. Addresses shall be posted so they are visible from Valleyway during and after construction.
Numbers shall be a minimum of 4 inches tall and in contrast to background.
DATED this 13th day of June, 2006
CITY HEARING EXAMINER PRO TEM
Michael . Dempsey, WSBA#82.
HE Findings, Conclusions and Decision REZ-09-06 Page 10
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 June 13, 2006. THE APPEAL CLOSING DATE IS JUNE 27, 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.
HE Findings, Conclusions and Decision REZ-09-06 Page 11