REZ-17-06 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Rezone from the )
Community Business (B-2) Zone to the ) FINDINGS OF FACT,
Urban Residential-22 (UR-22) Zone; ) CONCLUSIONS OF LAW,
Applicant: Real Estate Investor's, Inc., ) AND DECISION
do Brian Stranger )
File No. REZ-17-06 )
)
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone, from the B-2 zone to the UR-22 zone.
Summary of Decision: Approve application, subject to conditions of approval.
II. FINDINGS OF FACT
1. The subject application seeks approval of a zone reclassification from the Community
Business (B-2) zone to the Urban Residential-22 (UR-22) zone, on approximately .41 acres of
land.
2. The site is located west of and adjacent to the south terminus of Silas Road, approximately
500 feet south of the intersection of Silas Road and Rich Road, approximately 300 feet east of
McDonald Road, and approximately 400 feet north of Trent Avenue (State Route No. 290); in
the SW 1/4 of the NE 1/4 of Section 3, Township 25 North, Range 44 East, Willamette Meridian,
Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45031.2905; and has a
street address of 4203 N Silas Road, Spokane Valley, Washington. The site is legally described
on the existing conditions site plan submitted by the applicant.
4. The applicant and the site owner are Real Estate Investor's, Inc, do Brian Stranger, 6143
Davenport Street, Dalton Gardens, ID 83815. The applicant's representative is Don Skillingstad,
CLC Associates, 12730 E. Mirabeau Parkway, Suite 100, Spokane Valley, WA 99216.
5. On June 22, 2006, the applicant submitted a complete application for a zone reclassification,
and a preliminary short plat application for the property to the City Department of Community
Development ("Department"), in File No. REZ-17-06.
6. On September 8, 2006, the Department issued a Determination of Nonsignificance (DNS)
for the proposed rezone; and approved the preliminary short plat submitted for the site, subject to
the approval of the current rezone. The DNS and the short plat approval were not appealed. The
short plat application is exempt from SEPA review.
HE Findings, Conclusions and Decision REZ-17-06 Page 1
7. The Hearing Examiner conducted a public hearing on the proposal on October 19, 2006.
The notice requirements for the public hearing were met. The Examiner conducted a site visit on
October 19, 2006, prior to the hearing.
8. The Hearing Examiner heard the proposal pursuant to Chapter 10.35 of the Spokane Valley
Municipal Code (SVMC), and the City Hearing Examiner Rules of Procedure.
9. The following persons testified at the public hearing:
Karen Kendall, Assistant Planner Don Skillingstad
Department of Community Development CLC Associates, LLC
City of Spokane Valley 12730 E. Mirabeau Parkway, Suite 100
11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99216
Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City Comprehensive Plan, Interim Zoning Code,
Phase I Development Regulations, Standards for Road and Sewer Construction, 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-17-06 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 .41 acres in size, rectangular in shape, and relatively flat in
topography. The north half of the site is improved with a single-family residence, which fronts
along Silas Road, and an on-site sewage disposal system. A 4-5 foot tall chain link fence is
located along the perimeter of the site, and a 6-foot high cedar fence extends through the middle
of the site between the east and west borders. The property is vegetated with a few deciduous
trees and shrubs, and grass. See existing conditions site plan submitted on June 22, 2006.
13. Effective January 1, 1991, the zoning of the site was reclassified to the Community Business
(B-2) zoning under the County Zoning Code; pursuant to the Program to Implement the Spokane
County Zoning Code, a county-wide zoning effort.
14. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA) boundaries and Phase I Development Regulations, pursuant to the
State Growth Management Act (GMA). See County Resolution Nos. 2-0037 and 2-0470. The
site and neighboring land were designated in the UGA.
15. On March 14, 2003, the County rezoned 1.73 acres of land located approximately 1,000
feet southwest of the site, at the northwest corner of the intersection of Trent Avenue (SR-290)
and Woodlawn Avenue, from the UR-22 zone to the B-2 zone, for development of an espresso
stand and professional offices. An espresso stand has been developed on such property.
BE Findings, Conclusions and Decision REZ-17-06 Page 2
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16. On March 31, 2003, the City of Spokane Valley was incorporated, which included the
subject property and surrounding land. 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.
17. The City Phase I Development Regulations retained the zoning of the site and neighboring
land, as established under the County Phase I Development Regulations.
18. On May 10, 2006, the City implemented a new City Comprehensive Plan("Comprehensive
I Plan"). See City Ordinance No. 06-010. The City Phase I Development Regulations were
updated to implement the new Comprehensive Plan. See City Ordinance No. 06-011.
f
19. The current application is subject to review under the policies of the Comprehensive Plan,
since it became a complete application after the new plan's adoption. See Section 13.300.110 of
City Ordinance No. 03-60).
20. The land located near the site to the north, east and south is zoned B-2. The land lying west
of the site, east of McDonald Road, is zoned UR-22 zone. The land located along and near the
south side of Trent Avenue (SR-290), east of such UR-22 zoning, is zoned Regional Business (B-
1 3) zone. The land located northerly of the site and such B-2 and UR-22 zoning is zoned Urban
Residential-3.5 (UR-3.5) zone. Such zoning has applied since 1991, when it was established
under the Program to Implement the County Zoning Code.
21. The Comprehensive Plan designates the site and neighboring land, except the land zoned
Urban Residential-3.5 (UR-3.5) located north of the site, in the Corridor Mixed Use category; and
designates the land zoned UR-3.5 to the north in the Low Density Residential category. The land
lying south of Trent Avenue (SR-290) in the area is designated in the Heavy Industrial category,
and zoned Light Industrial(I-2).
22. The land lying north and east of the site generally consists of single-family residences and
vacant land on various sized parcels. The land lying between the site and Trent Avenue (SR-290)
is improved with a self-service storage facility.
23. An apartment complex is located in the UR-22 zones located west of the site, along the east
side of McDonald Road. A mobile home park is found further to the west, along the west side of
McDonald Road. Single-family homes on lots of various sizes are also found to the west.
24. Vacant land and heavily used railroad tracks are located along the south side of Trent
Avenue (SR-290) in the area. Commercial and industrial uses are located along Trent Avenue
(SR-290) at various distances east and west of McDonald Road.
25. The Spokane River crosses Trent Avenue (SR-290) approximately one-half(1/2) mile
southwest of the site. The Spokane Centennial Trail extends along the river. A regional county
HE Findings, Conclusions and Decision REZ-17-06 Page 3
park(Plantes Ferry Park) is located approximately one-fourth(1/4) mile west of the site, north of
the Spokane River; and is accessed via Wellesley Avenue and Upriver Drive in the area.
26. The City Arterial Street Plan designates McDonald Road, between Trent Avenue (SR-290)
and Wellesley Avenue, as a Collector Arterial; and designates Evergreen Road and Wellesley
Road in the area as Minor Arterials. Trent Avenue (SR-290) is a 5-lane state highway in the area.
27. The City Phase I Development Regulations require all rezone applications to be consistent
with the Comprehensive Plan; and limit such applications in the Corridor Mixed Use category to
the Urban Residential-12 (UR-12), UR-22,Neighborhood Business (B-1), B-2 and Light
Industrial(I-2) zones.
28. The Comprehensive Plan states that the Corridor Mixed Use category is intended to
enhance travel options, encourage development of locally serving commercial uses, multi-family
apartments, lodging and offices along major transportation corridors identified by the
Comprehensive Plan; recognizes the historical low-intensity, auto-dependent development pattern
of areas included in such category; and focuses on a pedestrian orientation with an emphasis on
aesthetics and design.
29. Policies LUP-9.1 and 9.2 of the Comprehensive Plan, set forth in the Staff Report, relate to
the Corridor Mixed Use category, discuss the characteristics of the land designated in such
category and the mix of land uses that should be allowed in the category, and find the proposed
rezone to be generally consistent with such policies. The Examiner agrees with such analysis.
30. The applicant did not submit a specific site plan for the proposed rezone. The Examiner's
review of the application does not include the review of any particular development of the site,
including the preliminary short plat.
31. The preliminary short plat map submitted by the applicant illustrates division of the site from
north to south into a north lot of 8,984 square feet, for the existing single-family dwelling, and a
south lot of 9,168 feet for future multifamily development.
32. The environmental checklist and narrative report submitted by the applicant indicate that the
commercial viability of the site is severely limited; primarily because it has no frontage or direct
access to Trent Avenue (SR-290), and relies on access through a residential neighborhood via
Silas Road, a local access road.
33. The purpose and intent statement of the UR-22 zone, found at Zoning Code 14.622.100,
indicates that the UR-22 zone is intended primarily for multi-family dwellings, and is usually
located adjacent to major (Principal) or secondary(Minor) arterials; and that the UR-22 zone
provides 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.
HE Findings, Conclusions and Decision REZ-17-06 Page 4
34. Zoning Code 14.622.100 states that the 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. Such section also states
that the UR-22 zone is intended to set standards for the orderly development of residential
property in a manner that provides a desirable living environment compatible with surrounding
land uses and assures the protection of property values.
35. The purpose and intent statement of the UR-22 zone is somewhat obsolete; since it was not
updated when the County amended the UR-22 zone in 1996 to add single-family and duplex
dwellings as permitted uses, when the new County Comprehensive Plan and the new City
Comprehensive Plan were respectively adopted, and the City recently updated the development
standards for the urban residential zones contained in the City Interim Zoning Code.
36. The minimum lot sizes in the UR-22 zone for a single-family residence, duplex and multi-
family dwelling are, respectively, 1,600 square feet, 3,200 square feet and 6,000 square feet. The
maximum density(net) in the UR-22 zone is 22 dwelling unit per acre, and the maximum building
height for all structures is 50 feet and four(4) stories.
37. 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.
38. If the site is developed for multifamily dwellings under the UR-22 zone, the applicant would
be required to install 20 feet of Type III landscaping along the frontage of the site with Silas
Road.
39. Neighboring property owners did not comment on the proposal.
40. Considering the residential properties located to the north, the lack of frontage along Trent
Avenue (SR-290), and the lack of direct access from the site to Trent Avenue (SR-290), the site
is not well suited for development in the B-1, B-2 and I-2 zones; which zones implement the
Corridor Mix Use category.
41. The UR-12 zone, which also implements the Corridor Mixed Use category of the
Comprehensive Plan, is similar to the UR-22 zone; except that it imposes a lower maximum
residential density, imposes a lower maximum building height, and requires larger lot sizes for
duplexes and single-family homes.
42. The UR-22 zone is a suitable zone for the site; considering the property abuts UR-22 zoning
and higher density housing on the west, the proximity of the site to an arterial(McDonald Road),
the proximity of the site to a busy state highway that serves as a commercial/industrial corridor
(Trent Avenue/SR-290), the relatively small number of multi-family dwelling units that can be
built on the .41-acre site under the UR-22 zone and that would impact Silas Road, the relatively
high level of public services available to the site, and the lack of public opposition to the proposal.
HE Findings, Conclusions and Decision REZ-17-06 Page 5
43. Trentwood Irrigation District and the County Division of Utilities respectively certified that
public water and sewer are available to serve the rezone proposal and preliminary plat.
44. Rezone applications submitted without a site development plan, such as the current
proposal, are not subject to the transportation concurrency requirements of the City Phase I
Development Regulations.
45. Traffic concurrency, and any required road improvements, would be determined by City
Engineering at the time of building permit or short plat for the site. City Engineering specified
road frontage improvements (15 feet of asphalt, curb and sidewalk) for Silas Road for the
preliminary short plat. Such improvements would be accomplished through future formation of a
local improvement district (LID) by the City, if the site is developed for single-family homes; and
would be installed directly by the applicant if a use other than single-family is proposed for the
site.
46. The proposed rezone meets the sewer, water and transportation concurrency requirements
of the Phase I Development Regulations.
47. The proposed rezone will not have more than a moderate effect on the quality of the
environment.
48. Conditions have changed in the area since the zoning of the site was reclassified to the B-2
zone in 1991. This includes the availability of public sewer for extension to the site, adoption of
the City Comprehensive Plan and designation of the site in the Corridor Mixed Use category of
the City Comprehensive Plan, adoption of the City Phase I Development Regulations, inclusion of
the site in the UGA, 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 City Interim 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.
2. Washington case law requires the proponent of a rezone to establish, by a preponderance of
the evidence, that the proposed rezone bears a substantial relationship to the public health, safety
or general welfare; and that a substantial change of circumstances has occurred in the area.
However, proof of a substantial change of circumstances is not required if the rezone implements
the comprehensive plan of the local government.
3. The proposed zone reclassification, as conditioned, conforms to the Comprehensive Plan,
and is complies with the City Phase I Development Regulations.
HE Findings, Conclusions and Decision REZ-17-06 Page 6
4. The proposed rezone, as conditioned, bears a substantial relationship, and will not be
detrimental, to the public health, safety or welfare.
5. A substantial change in economic, technological, or land use conditions has occurred in the
area to warrant approval of the proposed rezone.
6. The proposed rezone, as conditioned, complies with the UR-22 zone, the City Interim
Zoning Code and other applicable development regulations.
7. The proposed rezone, as conditioned, meets the criteria established by Washington case law
for approving a rezone, and the criteria established in paragraphs 14.402.020(1-2) of the City
Interim Zoning Code for amending the City official zoning map.
8. The procedural requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met. The proposal, as conditioned,will not have a
significant, probable adverse impact on the environment.
9. Approval of the zone reclassification, as conditioned, is appropriate under Chapter
14.402.020 of the City Interim Zoning Code, and Chapter 10.35 of the Spokane Valley Municipal
Code (SVMC).
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject 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.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
This approval does not waive the applicant's obligation to comply with all other
requirements of other public agencies with jurisdiction over land development.
Conditions of Approval
CITY DEPARTMENT OF COMMUNITY DEVELOPMENT- PLANNING DIVISION
1. The applicant, including the owners and developers of the property, and their 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-22(UR-22) zone, and
other applicable provisions of the City Interim Zoning Code.
TIE Findings, Conclusions and Decision REZ-17-06 Page 7
•
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.
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 uses developed on the site.
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.
HE Findings, Conclusions and Decision REZ-17-06 Page 8
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. The applicant shall comply with the requirements set forth in the Department of Ecology's
letter dated August 15, 2006 to the City Department of Community Development, in File No.
! REZ-17-06.
f
E
DATED this 17t day November, 2006
CITY HEARING EXAMINER PRO TEM
4I0,
ii Micha C. Dempsey, WSBA 131;
5,
HE Findings, Conclusions and Decision REZ-17-06 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 November 17, 2006. THE APPEAL CLOSING DATE IS DECEMBER
1, 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-17-06 Page 10