REZ-14-06 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: Jerry Klein ) AND DECISION
and Wm. Scott Hislop )
File No. REZ-14-06 )
)
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.
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 1.31 acres of land.
2. The site is located along the south side of Eighth Avenue, approximately 300 feet west of
the intersection of Eighth Avenue and Evergreen Road, in Spokane Valley, Washington. The
property is situated in the NW 1/4 of the SW 1/4 of Section 23, Township 25N, Range 44 EWM, in
Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45233.0809, and has a
street address of 14006 E. 8thAvenue, Spokane Valley.
4. The applicant is Jerry Klein and Wm. Scott Hislop, 12209 E. Mission, Suite 5, Spokane
Valley, WA 99206. The site owner is Donald and Ardis Beaman, 14006 E. 8th Avenue, Spokane
Valley, WA 99206.
5. On May 2, 2006, the applicant submitted an application for a rezone in File No. REZ-14-06,
and a related application for a preliminary short plat in File No. SHP-15-06, to the City
Department of Community Development, Planning Division("Department"). The preliminary
short plat sought to divide the site into four(4) lots, including one lot for the existing residence on
the site, and three (3) lots for duplexes; for a total of seven(7) dwelling units.
6. The Department found the applications to be incomplete on May 30, 2006, due to certain
deficiencies. The Department found the applications to be complete on June 28, 2006, after
correction of such deficiencies.
7. On August 25, 2006, the Department issued a Determination of Nonsignificance (DNS) for
the proposed rezone; and approved the preliminary short plat application contingent on approval
BE Findings, Conclusions and Decision REZ-14-06 Page 1 "!
of the current rezone application. The DNS and the preliminary short plat approval were not
appealed before the appeal deadline of September 8, 2006.
8. On October 12, 2006, the Hearing Examiner conducted a public hearing on the rezone
application. The notice requirements for the public hearing were met. The Examiner conducted a
site visit on October 11, 2006, prior to the public hearing.
9. The Hearing Examiner heard the proposed rezone pursuant to Chapter 10.35 of the
Spokane Valley Municipal Code (SVMC), and the City Hearing Examiner Rules of Procedure.
10. The following persons testified at the public hearing:
Karen Kendall, Assistant Planner Wm. Scott Hislop
Spokane Valley Community Development Dept. 12209 E. Mission, Suite 5
11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206
Spokane Valley, WA 99206
11. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan
(adopted by City Ordinance No. 06-010), Zoning Code, Phase I Development Regulations,
Standards for Road and Sewer Construction, Municipal Code, other applicable development
regulations, and prior land use decisions in the vicinity.
12. The record includes the documents in File No. REZ-14-06 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 1.31 acres in size, rectangular in shape and relatively flat in
topography. The north half of the site is developed with a single-family residence and an on-site
sewage disposal system. Three detached accessory structures for horses are located on the site.
The property is vegetated with lawn grass, pasture grass and some trees. Horses have been
pastured on the site in the past.
14. 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. In the same zoning action, the
County reclassified several parcels of land located west of Evergreen Road and south of Eighth
Avenue, west of the site, to the Urban Residential-7 (UR-7) zone.
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 Phase I Development Regulations retained the zoning of the site and
neighboring land.
HE Findings, Conclusions and Decision REZ-14-06 Page 2
17. 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 interim City land use
controls, the County's Comprehensive Plan, Zoning Code, Phase I Development Regulations,
zoning and comprehensive plan land use maps, and various other development regulations; with
certain revisions not relevant to the current application.
18. On May 10, 2006, the City implemented a new City Comprehensive Plan("Comprehensive
Plan"), pursuant to City Ordinance No. 06-010. The current application is subject to review
under the policies of the Comprehensive Plan, since it became a complete application on June 28,
2006 after the new plan's adoption. See City Ordinance No. 60, Section 13.300.110 of
Application Review Procedures for Project Permits.
19. The site and neighboring land are designated in the Low Density Residential category of the
Comprehensive Plan.
20. The land neighboring the site is dominated by single-family residences on lots of various
sizes. Some duplexes are located a few blocks south of the site, east of Evergreen Road; and also
a few blocks east of the site, along the north side of Eighth Avenue. A fire station is located at
the northeast corner of the intersection of Evergreen Road and 12th Avenue.
21. Four (4) rezones from the UR-3.5 zone to the UR-7* zone were approved for land in the
area between 2003 and 2006, three (3) of which were accompanied by the approval of preliminary
plats for the development of single-family homes and/or duplexes. See decision in File No. REZ-
09-03/SUB-12-03/PUD-05-03, and final plat of Hills Haven Estates PUD, for 4.93 acres located
850 feet east of the site; decision in File No. REZ-01-04/SUB-02-04/PUD-01-04, and final plat of
Evergreen Glen PUD, regarding 4.96 acres located less than 1,000 feet west of the site; decision
in REZ-30-05/SUB-14-05, regarding 4.9 acres located more than 700 feet southwest of the site;
and REZ-07-06, regarding .62 acres if land located 500 feet southwest of the site.
22. The City Arterial Road Plan designates Eighth Avenue in the area as an Urban Minor
Arterial, Fourth Avenue as an Urban Collector Arterial, and Evergreen Road and Sprague Avenue
as Urban Principal Arterials.
23. Evergreen Road is widened to a 5-lane section between Sprague Avenue and Fourth
Avenue, and to a 3-lane section between Fourth Avenue and 16th Avenue; including curb and
sidewalk. A traffic signal is installed at the intersection of Evergreen Road and Eighth Avenue,
and at the intersection of Evergreen Road and 12th Avenue. Such traffic improvements occurred
in 2004.
24. Eighth Avenue is a 2-lane paved road in the vicinity; and lacks curb and sidewalk, except
along the frontages of Hill Haven Estates PUD to the east and Evergreen Glen PUD to the west.
Public transit is available in Sprague Avenue to the north, and in Evergreen Road south of 16th
Avenue.
HE Findings, Conclusions and Decision REZ-14-06 Page 3
25. Bill and Leah Coughlin, the owners of a .3-acre lot located directly west of the southwest
corner of the site, improved with a single-family dwelling, expressed concerns regarding the
proposed rezone and preliminary short plat. This included the loss of privacy due to potential
placement of a 2-story duplex in the short plat five (5) feet from their property, and increased
noise from the development of three (3) new duplexes in the short plat. Such owners expressed
support for the design of the short plat; with the private driveway located along the east property
line of the site, and the extension of utilities and access from Eighth Avenue, and the development
of only three (3) new duplexes. Such owners requested that vinyl fencing be installed where
fencing is required along the perimeter of the site, instead of less durable wood fencing; and that
the fence be taller than six(6) feet.
26. Margaret Stumm, the owner of a .65-acre parcel located directly east of the entire east
boundary of the site, fronting along Eighth Avenue, expressed concern regarding that the
proposed location of the private driveway serving the lots in the preliminary short plat approved
for the site along the east boundary of the site.
27. 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 City 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.
28. Washington case law generally 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.
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 designation
that applies to the rezone property. The implementing zones under such regulations for the Low
Density Residential category of the Comprehensive Plan, in which the site is designated, are the
UR-3.5 and UR-7* zones. The proposed UR-7* zoning for the property implements the 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 various other uses. The UR-3.5 zone permits a maximum
residential density of 4.35 dwelling units per acres. The minimum frontage for a single-family
dwelling in the UR-3.5 zone is 80 feet, and the minimum lot size is 10,000 square feet.
31. 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 development of single-
family homes, duplexes, multi-family dwellings and various other uses.
HE Findings, Conclusions and Decision REZ-14-06 Page 4
32. The City Phase I Development Regulations limit new residential development on land
rezoned to the UR-7 under such regulations, and designated in the Low Density Residential
category of the City Interim Comprehensive Plan, to a maximum density(net) of six(6) dwelling
units per acre. Such zoning is referred to on City zoning maps as "UR-7*".
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 in the UR-7 zone are the same as they are in the UR-3.5 zone.
34. The Staff Report sets forth relevant policies of the Comprehensive Plan. The most relevant
policy 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.
35. The Department's approval of the preliminary short plat for the site on August 25, 2006 is
contingent on approval of the current rezone by the Hearing Examiner. The Examiner has no
authority to review the preliminary short plat. Preliminary short plats are categorically exempt
from SEPA review under the City's Local Environmental Ordinance.
36. Approval of the rezone by the Examiner would not authorize any particular development of
the site, although it would allow the approved preliminary short plat to go forward.
37. The UR-7 zone requires the installation of a 6-foot high, sight-obscuring fence, wall or solid
landscaping adjacent to land zoned UR-3.5, except adjacent to a public road or alley. Such
screening requirement applies to the east, south and west boundaries of the site; would not be
applicable if the site was developed for additional housing under the UR-3.5 zone; and will help
buffer the increased density of housing allowed by a rezone of the site to the UR-7* zone from the
lower density housing abutting the site.
38. Section 14.810.020 of the limits the height of a sight-obscuring fence in residential zones,
including the UR-7* zone, to six(6) feet. The UR-7 zone does not specify the type of material
required for sight-obscuring fencing; however, the conditions of approval submitted by the City
Department of Community Development require the applicant and successors in interest to
continuously maintain the 6-foot high screening installed along the boundaries of the site in good
condition.
39. The City(County) Standards for Road and Sewer Construction authorize up to three (3)
lots to be served by a private driveway, without requiring construction of a private road. Section
3.24(3)(E) of such standards require a driveway approach to be located at least 7.5 feet from any
interior lot or property line. Spokane County Fire District 1 specified requirements for the private
driveway in the preliminary short plat.
HE Findings, Conclusions and Decision REZ-14-06 Page 5
40. 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 building permit or short
plat.
41. City Engineering conditions of approval for the preliminary short plat require the applicant
to develop Eighth Avenue along the frontage of the site; including the widening of Eighth
Avenue, and the installation of curb and sidewalk. Such improvements may be done through
future formation of a road improvement district (RID) if development of the site is limited to
single-family dwellings.
42. The density of the preliminary short plat is 5.34 dwelling units per acre, which is less than
the maximum density(net) permitted in the UR-7* zone of six(6) dwelling units per acre.
43. The City Municipal Code requires property owners to comply with the maximum
permissible noise levels set forth in Chapter 173-60 WAC, and makes it a nuisance to exceed such
noise levels.
44. The County Division of Utilities and Vera Water and Power Company, respectively,
certified the availability of public sewer and water for the site. Spokane Regional Health District
and County Utilities conditions of approval require the uses on the site to be connected to public
sewer. The proposed rezone complies with the public sewer and water concurrency requirements
of the City Phase I Development Regulations.
45. The site is suitable for a rezone to the UR-7* zone; considering it is designated in the Low
Density Residential category of the Comprehensive Plan, located in a developed area of residential
housing, located along an Urban Minor Arterial, located 300 feet from an Urban Principal Arterial
and served by a high level of public services.
46. No public agencies expressed opposition to the proposal. The conditions of approval
recommended by certain public agencies specific to the proposed rezone have been incorporated
as conditions of approval, to the extent they apply to the rezone and not the preliminary short
plat.
47. 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.
Further, there is no competent evidence in the record that the proposed rezone would have any
significant adverse impact on the environment.
48. The rezone application conforms to the Comprehensive Plan. Changed conditions have
occurred in the area since the zoning of the site was reclassified to the UR-3.5 zone in 1991, and
which support approval of the rezone. This includes the extension of public sewer to the area,
road improvements to Evergreen Road, adoption of the City Comprehensive Plan and City Phase
HE Findings, Conclusions and Decision REZ-14-06 Page 6
I Development Regulations, other rezones to the UR-7* in the area, and incorporation of the City
of Spokane Valley.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed zone reclassification, as conditioned, conforms to the City Comprehensive
Plan.
2. The proposed rezone, as conditioned, bears a substantial p p tant al 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
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.
HE Findings, Conclusions and Decision REZ-14-06 Page 7
Conditions of Approval
CITY DEPARTMENT OF COMMUNITY DEVELOPMENT- PLANNING DIVISION
1. The applicant, including the owners and developers of the property, and their heirs,
successors and assigns, shall comply with the conditions of approval set forth in this decision.
2. Development of the property shall comply with the Urban Residential-7*(UR-7*) zone, and
shall not exceed a maximum density of six(6) dwelling units per acre.
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, south and east property lines of the site prior to
final short plat approval or issuance of a building permit. Further, the applicant shall submit a
written agreement requiring that the applicant or successors in interest 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
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.
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
a sewer connection permit.
4. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
HE Findings, Conclusions and Decision REZ-14-06 Page 8
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 MR POLLUTION CONTROL AUTHORITY
1. Dust emissions during demolition, construction, and excavation projects shall be controlled.
Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers
or suspension of activity during certain weather conditions.
2. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto
paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately
to clean these surfaces.
3. Debris generated as a result of this project shall be disposed of by means other than burning.
4. All traveled surfaces (i.e. ingress, egress, parking areas, access roads, etc.) should be paved
and kept clean to minimize dust emissions.
5. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
6. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
7. A Notice of Construction and Application for Approval is required to be submitted and
approved by SCAPCA prior to the construction, installation, or establishment of an air pollution
source. This includes emergency generators rated at 500 hp (375 kW) or higher, natural gas
heating equipment units rated at 4 MMBTU/hr or higher (input), and heating equipment units
fired with other fuels (e.g. diesel) rated at 1 MMBTU/hr (input) or higher. The applicant shall
contact SCAPCA for a Notice of Application.
8. A Notice of Intent must be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
HE Findings, Conclusions and Decision REZ-14-06 Page 9
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
j present at the site. Contact SCAPCA for a Notice of Intent application.
WASHINGTON STATE DEPARTMENT OF ECOLOGY(SPOKANE OFFICE)
1 1. The applicant shall comply with the letter dated September 7, 2006 submitted by the
Department of Ecology in File No. REZ-14-06.
DATED this 13th day of November, 2006
CITY HEARING EXAMINER PRO TEM
d ,
f Michael C. Dempsey, W-
SBA#81,4 AO I
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 November 13, 2006. THE APPEAL CLOSING DATE IS NOVEMBER
27, 2006 (counting to the next business day when the last day for appeal falls on a weekend or
holiday)
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-14-06 Page 10