REZ-12-06 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Zone Reclassification from the Urban )
Residential-3.5 (UR-3.5)Zone to the ) FINDINGS OF FACT,
Urban Residential-22 (UR-22) Zone; ) CONCLUSIONS OF LAW,
Applicant: Farhad Adorbehi& ) AND DECISION
Charity Montgomery )
File No. REZ-12-06 )
)
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone, from the UR-3.5 zone to the UR-22 zone.
Summary of Decision: Approve application, subject to conditions of approval.
H. FINDINGS OF FACT
1. The application seeks approval of a zone reclassification from the Urban Residential-3.5
(UR-3.5) zone to the Urban Residential-22 (UR-22) zone, on approximately .26 acre of land.
2. The site is located along the west side of Evergreen Road, approximately 130 feet south of
the intersection of Broadway Avenue and Evergreen Road. The property is situated in the SE 1/4
of Section 15, Township 25N, Range 44 EWM, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45154.0102; and is
addressed at 711 North Evergreen Road, Spokane Valley, Washington. The site is legally
described on the site plan submitted by the applicant.
4. The applicant and site owners are Farhad Adorbehi and Charity Montgomery, 1621 S. Vera
Crest, Spokane Valley, WA 99037.
5. On April 21, 2006, the applicant submitted a complete application for a zone reclassification
in File No. REZ-12-06.
6. On June 2, 2006, the Department of Community Development issued a Determination of
Nonsignificance (DNS) for the proposed rezone. The DNS was not appealed.
7. The Hearing Examiner conducted a public hearing on the proposal on July 6, 2006. The
notice requirements for the public hearing were met. The Examiner conducted a site visit on July
6, 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.
BE Findings, Conclusions and Decision REZ-12-06 Page 1
9. The following persons testified at the public hearing:
Micki Harnois
Department of Community Development
City of Spokane Valley
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City Interim Comprehensive Plan, Zoning Code,
Phase I Development Regulations, and official zoning maps for the area; other applicable
development regulations, and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-12-06 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 .26 acre in size, rectangular in shape and relatively flat in
topography. The east half of the site is improved with a single-family dwelling, detached garage
and storage shed. The property is vegetated with evergreen trees, deciduous trees, shrubs and
grasses.
13. The site plan of record submitted on April 21, 2006 illustrates conversion of the residence
on the site for a medical building, primarily for massage therapy. See environmental checklist.
14. In 1991, the County reclassified the zoning of the site and nearby land in the Urban
Residential-3.5 (UR-3.5) zone; and reclassified the zoning of land located at the northwest corner
of the intersection of Broadway Avenue and Evergreen Road to the Neighborhood Business (B-1)
zone; pursuant to the Program to Implement the Spokane County Zoning Code, a county-wide
legislative rezoning effort.
15. In 2000, the County rezoned approximately two (2) acres of land located approximately 950
feet north of the site, along the west side of Evergreen Road, from the UR-3.5 zone to the Urban
Residential-22 (UR-22) zone, for the development of medical or professional offices. See
decision in ZE-10-99.
16. In 2000 and 2001, Evergreen Road between Sprague Avenue and Mission Avenue was
widened from a 2-lane section to a 5-lane section, including center turn lane; public sewer was
extended in Evergreen Road; and a new freeway interchange was constructed at Interstate 90 and
Evergreen Road.
17. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA) boundaries and Phase I Development Regulations; pursuant to the
State Growth Management Act (GMA). See County Resolution Nos. 2-0037 and 2-0470.
HE Findings, Conclusions and Decision REZ-12-06 Page 2
18. The County Comprehensive Plan designated the site, and the land located along and near the
west side of Evergreen Road in the area, in the Mixed Use category; and designated the land
bordering such designation to the west, and the land located along the east side of Evergreen
Road in the vicinity, in the Low Density Residential category.
19. The County Phase I Development Regulations retained the zoning of the site and
neighboring land, and designated the site and neighboring land in the UGA.
20. In March of 2002, the County rezoned 3.39 acres of land located approximately 750 feet
southeast of the site, at the northeast corner of the intersection of Evergreen Road and Valleyway
Avenue, from the UR-3.5 zone to the UR-22 zone, for the development of professional offices.
See decision in File No. ZE-23-01.
21. On August 22, 2002, the County rezoned one (1) acre of land located approximately 850
feet north of the site, along the west side of Evergreen Road, from the UR-3.5 zone to the UR-22
zone, for the development of offices. See decision in File No. ZE-08-02.
22. On March 31, 2003, the City of Spokane Valley was incorporated, and included the site and
neighboring land in the city's boundaries. 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 other development regulations, with certain revisions not relevant to the current
application. The City retained the zoning and comprehensive plan categories for the site and
neighboring land.
23. On March 3, 2004, the Hearing Examiner approved the rezone of one (1) acre of land
located approximately 1,000 feet north of the site from the UR-3.5 zone to the Community
Business (B-2) zone, for commercial development. See decision in File No. REZ-19-03.
24. On May 23, 2006, the Hearing Examiner approved the rezone of 1.5 acres of land located
approximately 150 feet north of the site, at the northwest corner of the intersection of Broadway
Avenue and Evergreen Road, from the UR-3.5 and B-1 zone to the Community Business (B-2)
zone, for an existing convenience store. See decision in REZ-06-06.
25. The land located near the site is zoned UR-3.5 and developed with single-family residences;
except for the B-2 zone and convenience store located at the intersection of Evergreen Road and
Broadway Avenue, a B-1 zone improved with an ice cream parlor located directly north of the
convenience store property, and some duplexes found south of the site. Further to the north,
along the west side of Evergreen Road, are found office uses and retirement housing, on land
zoned UR-22 or B-2.
26. An office complex is located southeast of the site, in the UR-22 zone located at the
northeast corner of the intersection of Evergreen Road and Valleyway Avenue.
27. The County Arterial Road Plan designates Evergreen Road, Broadway Avenue and Sprague
Avenue as Urban Principal Arterials; and designates Mission Avenue as an Urban Minor Arterial.
HE Findings, Conclusions and Decision REZ-12-06 Page 3
The Interstate 90/Evergreen Road interchange is located two-thirds (2/3) mile north of the site.
Sprague Avenue is located approximately one-half(1/2) mile south of the site.
28. No public or agency opposition was expressed in regard to the proposed rezone.
29. 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.
30. 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. Proof
of a substantial change of circumstances is not required if the rezone implements the
comprehensive plan of the local government.
31. 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 Mixed Use
category of the Comprehensive Plan, in which the site is designated, are the Urban Residential-12
(UR-12), UR-22, B-1, B-2 and Light Industrial(I-2) zones. The proposed UR-22 zone
implements the Phase I Development Regulations.
32. The Comprehensive Plan states that Mixed Use areas are intended to enhance travel options,
encourage the development of commercial uses, higher-density residences, office, recreation and
other uses. Policy UL.2.10 of the Comprehensive Plan encourages mixed-use developments
where they would be compatible with neighborhood character.
33. Policies UL.2.3 through 2.09 of the Comprehensive Plan recommend that the City establish
a design review process, to run concurrent with the land use approval process, for mixed-use
areas and for certain other types of development. Such process would include the development of
urban design guidelines, to provide consistency of application for the design review process; the
establishment of a design review board, consisting of members from designated professional
groups, to review the larger, more complex projects; use of the administrative process to provide
design review for small projects; and the development of neighborhood, subarea and community
plans, with specific design standards that reflect and preserve neighborhood character.
34. Policy 12.3 of the Comprehensive Plan sets forth the characteristics of a mixed-use area.
Policy 12.4 describes the contemplated mix of uses in a mixed-use area. This includes, but is not
limited to, medium and high density residential uses, office and commercial uses. Policy UL.12.5
recommends that mixed-use areas not be implemented until after the adoption of a subarea plan
that involves design professionals, government service providers, business people and community
residents.
HE Findings, Conclusions and Decision REZ-12-06 Page 4
35. The City has not adopted any additional standards besides the County Zoning Code to
implement policies of the Comprehensive Plan, established a design review process or design
review board, or adopted any neighborhood, community or sub-area plans for the area. The
absence of such actions does not allow the Examiner to deny or delay the proposed rezone. See
RCW 36.70B.030 and 36.70B.040.
36. 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.
37. The purpose and intent statement of the UR-22 zone indicates that the UR-22 zone is
intended primarily for multi-family dwellings, and is usually located adjacent to major (Urban
Principal) or secondary(Urban Minor) arterials; and to provide for higher density housing in
locations close to employment, shopping and major transportation routes where movements of
people can be handled efficiently and with least overall adverse impacts. Offices are permitted in
the UR-22 zone in order to provide some of the service needs generated by high-intensity land
uses. See Zoning Code 14.622.100.
38. The purpose and intent statement of the UR-22 zone indicates that general characteristics of
UR-22 zone areas are paved roads, public sewer and water, accessibility to schools and libraries,
and a full line of public services, including manned fire protection and public transit accessibility.
39. The UR-22 zone permits a wide range of land uses; including single-family homes, duplexes,
multi-family dwellings, nursing/convalescent homes, business or professional offices, medical
office, family day care homes, hospital, church, schools of all types, etc. The maximum density
(net) in such zone is 22 dwelling unit per acre, and the maximum building height for all structures
is 50 feet and four (4) stories.
40. County Utilities certified the availability of public sewer to the site. Vera Water and Power
certified the availability of public water. The proposed rezone meets the sewer and water
concurrency requirements of the Phase I Development Regulations.
41. 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 any required road
improvements, would be determined by City Engineering at the time of short plat approval or
building permit. The City Planning Division indicated at the public hearing that frontage
improvements would not required for Evergreen Road, because it is already fully improved to
City standards.
42. The City Zoning Code requires the installation of a 6-foot high, sight-obscuring fence,
masonry wall or solid landscaping; and the installation of perimeter landscaping; along the
boundary of a UR-22 zone with a UR-3.5 zone. Such requirement would apply along the west,
north and south boundaries of the site adjacent to UR-3.5 zoning.
BE Findings, Conclusions and Decision REZ-12-06 Page 5
43. The City Zoning Code requires the installation of 20 feet of Type III landscaping along the
frontage of a public road, for multi-family and commercial development, in the UR-22 zone.
44. The site is a suitable location for UR-22 zoning, considering designation of Evergreen Road
as an Urban Principal Arterial, the recent development of other office uses in UR-22 or B-2 zones
along Evergreen Road in the area, the single-family residences and duplex uses located adjacent to
or near the site, and the high level of public services available to the site.
45. Changed circumstances have occurred in the area since the site was zoned UR-3.5 in 1991;
including the rezoning of the land along Evergreen Road for offices in the UR-22 or B-2 zones,
road improvements and the extension of public sewer along Evergreen Road, and adoption of the
City Comprehensive Plan and the City Phase I Development Regulations.
Based on the above findings of fact, the Hearing Examiner enters the following:
M. 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-22 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-22 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 to the Urban Residential-22 (UR-22) zone is hereby approved, subject to the
conditions of the various agencies specified below.
HE Findings, Conclusions and Decision REZ-12-06 Page 6
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
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
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.
2. The applicant shall comply with the landscaping and screening requirements of the Urban
Residential-22 (UR-22) zone, and other relevant provisions of the City Interim Zoning Code, as
amended.
3. 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.
CITY OF SPOKANE VALLEY ENGINEERING DEPARTMENT
1. All conditions will be deferred to the time of commercial building permit 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.
HE Findings, Conclusions and Decision REZ-12-06 Page 7
4. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE COUNTY FIRE DISTRICT 1
1. Addresses shall be posted so they are visible from Evergreen during and after
construction. Numbers shall be a minimum of 4 inches tall and contrasting to background.
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.
HE Findings, Conclusions and Decision REZ-12-06 Page 8
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.
DATED this 25th day of July, 2006
CITY HEARING XAMINER PRO TEM
AVA
Mich:el C. Dempsey, WSBA#8235 dr d
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 July 25, 2006. THE APPEAL CLOSING DATE IS AUGUST 8, 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. 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-12-06 Page 9