REZ-19-06 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: Michael Ackerman ) AND DECISION
File No. REZ-19-06 )
)
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 one (1) acre of land.
2. The site is located at the southwest corner of the intersection of Boone Avenue and Van
Marter Road, in Spokane Valley, Washington. The property is situated in the NW 1/4 of Section
16, Township 25N, Range 44 EWM, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45162.1068; and has a
street address of 10802 E. Boone Avenue, Spokane Valley. The property is legally described on
the preliminary short plat map submitted for the site.
4. The applicant is Michael Ackerman, 9121 S. Quaking Aspen Lane, Valleyford, WA
99036. The site owner is Nancy Pease, 10802 E. Boone Avenue, Spokane Valley, WA 99206.
5. On June 28, 2006, the applicant submitted a complete application for a rezone of the site in
the above file, and a related application for a preliminary short plat of the site, to the City
Department of Community Development, Planning Division("Department").
6. On September 8, 2006, the Department issued a Determination of Nonsignificance (DNS)
for the proposed rezone. The DNS was not appealed.
7. On October 19, 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 18, 2006.
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.
BE Findings, Conclusions and Decision REZ-19-06 Page 1
9. The following persons testified at the public hearing:
Micki Harnois, Associate Planner Mike Ackerman
Spokane Valley Community Development Dept. 9121 S. Aspen
11707 E. Sprague Avenue, Suite 106 Valleyford, WA 99036
Spokane Valley, WA 99206
Vicki Syverson
Beth Gleason 1108 N. University
10801 E. Boone Spokane Valley, WA 99206
Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
Zoning Code, Subdivision Ordinance, Phase I Development Regulations, Standards for Road and
Sewer Construction, Guidelines for Stormwater Management and Municipal Code; other
applicable development regulations; and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-19-06 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 one (1) acre in size, rectangular in shape and relatively flat in
topography. The north half of the property contains a single-family residence, which accesses
Boone Avenue, and an old barn.
13. The preliminary short plat map submitted for the site illustrates division of the site, from
north to south, into three (3) lots; with retention of the existing residence on one lot, and the
development of duplexes on the other two lots. The existing barn on the site would be removed
for such development.
14. The preliminary short plat is subject to administrative review and approval by the City
Planning Division, without a public hearing; and its approval is contingent on approval of the
current rezone by the Hearing Examiner. Preliminary short plats are categorically exempt from
SEPA review under the City's Local Environmental Ordinance.
15. Effective January 1, 1991, Spokane County reclassified the zoning of the site, nearby land
lying west and southwest of the site, and the land lying north of the site west of Van Marter Road,
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.
16. In the same 1991 zoning action, the County reclassified the zoning of the land located to the
south and east along Van Marter Road, north of Cataldo Avenue, and the land lying northwest of
the site, along the east side of Van Marter Road south of Sinto Avenue, to the Urban Residential-
7 (UR-7) zone.
HE Findings, Conclusions and Decision REZ-19-06 Page 2
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. The Phase I Development Regulations designated the site and
area in the UGA.
18. The County Comprehensive Plan designated the site, and neighboring land, in the Low
g g ,
Residential category. The County Phase I Development Regulations retained the zoning of the
site and neighboring land.
19. On March 31, 2003, the site and neighboring land were officially incorporated into the City
of Spokane Valley. On the same date, the City adopted by reference, as 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.
20. On May 10, 2006, the City implemented a new City Comprehensive Plan("Comprehensive
Plan"), pursuant to City Ordinance No. 06-010. The City Phase I Development Regulations were
updated to implement the new Comprehensive Plan, pursuant to City Ordinance No. 06-011.
21. 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
Section 13.300.110 of City's Application Review Procedures for Project Permits (adopted by City
Ordinance No. 03-60).
22. The site and neighboring land are designated in the Low Density Residential category of the
Comprehensive Plan; except for 5.7 acres of land located directly east of the site across Van
Marter Road, between Boone Avenue and Cataldo Avenue, which land is designated in the
Public/Quasi Public category of the Comprehensive Plan and zoned UR-3.5.
23. The land lying north, west and southwest of the site is dominated by single-family residences
on lots of various sizes. A church is located directly east of the site across Van Marter Road on
the 5.7 acres designated in the Public/Quasi Public category of the Comprehensive Plan.
Duplexes are found south of the site along both sides of Van Marter Road. The owner of the
current site owns the duplex lot located directly southeast of the site, across Van Marter Road.
24. In 2003, the Hearing Examiner approved a rezone of 1.93 acres of land located 300 feet
southwest of the site, between Van Marter Road and University Road, from the UR-3.5 to the
UR-7* zone. The Department later approved a final short plat to divide such property into five
(5) lots, including one (1) lot for an existing residence, and four(4) lots for duplexes. See
decision in File No. REZ-11-03.
25. In 2006, the Hearing Examiner approved a rezone of.74 acres of land located
approximately 1,000 feet northeast of the site from the UR-3.5 zone to the UR-7* zone. A
preliminary short plat was submitted to divide such property into two (2) lots, one for an existing
HE Findings, Conclusions and Decision REZ-19-06 Page 3
residence and one lot for an unspecified future use (possibly an elder care facility). See decision
in File No. REZ-01-06.
26. The City Arterial Road Plan map designates University Road and Broadway Avenue as
Urban Principal Arterials, and Mission Avenue and Bowdish Avenue as Urban Minor Arterials.
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 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
designations that apply to the site. The implementing zones 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 lot sizes for a single-family
dwelling and a duplex are respectively 10,000 square feet and 20,000 square feet. The minimum
frontage for both a single-family dwelling and a duplex in the UR-3.5 zone is 80 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.
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 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 frontages in the UR-7 zone are 65 feet for a
HE Findings, Conclusions and Decision REZ-19-06 Page 4
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 applicable to the proposed rezone is Policy LUP-1.7. Such policy 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. Concerns regarding the proposed rezone were submitted by the owner(Patricia Madsen) of
a single-family lot located two (2) lots northwest of the site, along the west side of Van Marter
Road; the owner (Beth Gleason) of a single-family lot located directly to the northwest, across
Boon Avenue, at the northwest corner of the intersection of Van Marter Road and Boone
Avenue; and the owner(Vicki Lee Syverson) of a single-family lot and an undeveloped lot located
directly west of the middle of the site.
36. Such neighboring property owners expressed concern regarding narrow streets, traffic
circulation in the area, pedestrian and traffic safety, potential increased crime if duplexes
developed on the site are rented, impacts to wildlife, impacts on school capacity, increased
density, small lot sizes, insufficient parking for future duplexes developed on the site, inadequacy
of the driveway for the existing residence on the site located along Boone Avenue, wild animals
using the barn located on site, a fire hazard presented by existing barn on the site, inadequacy of
notice of hearing sign posted on site, and other concerns.
37. Approval of the rezone by the Examiner would not authorize any particular development of
the site, or approval of the preliminary short plat submitted for the site. Any inadequacy of the
driveway for the existing residence on the site is subject to review by City Engineering, regardless
of the approval of the rezone application or the preliminary plat application. The presence of the
existing barn on the site, which the applicant plans to remove if the rezone application and the
preliminary short plat are approved, is not relevant to the approval of the rezone application.
38. The density(net) of the preliminary short plat submitted for the site is approximately five (5)
dwelling units per acre, which is closer to the maximum residential density(net) permitted in the
UR-3.5 zone of 4.35 dwelling units per acre than the maximum residential density(net) of six(6)
dwelling units per acre permitted in the UR-7* zone. Four (4) dwelling units could be developed
on the site under the UR-3.5 zone. The proposed lots are each 14,520 square feet in size, which
lot sizes well exceed the minimum lot size for both a single-family dwelling and a duplex in the
UR-7* zone. The 110-foot frontages for the proposed lots are well in excess of the minimum lot
frontages required in the UR-7* zone for both a single-family dwelling and duplex.
39. 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 would apply along the entire west boundary of the site, would not be
applicable if the site was developed for additional housing under the UR-3.5 zone, and would help
HE Findings, Conclusions and Decision REZ-19-06 Page 5
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 to the west.
40. Because the rezone application is not tied to a specific site plan for the purpose of review by
the Examiner, the application is exempt from transportation concurrency requirements under the
City Phase I Development Regulations.
41. There is no competent evidence of a traffic engineering nature in the record indicating that
approval of the rezone would cause a failing level of service at area intersections, result in any
significant traffic danger to pedestrians or other vehicles, or significantly worsen traffic circulation
in the area.
42. Cataldo Avenue and Pierce Road can be used to reach Broadway Avenue and Boone
Avenue from Van Marter Road.
43. Traffic concurrency, and any required road improvements, would be determined by City
Engineering at the time of building permit or short plat. Such review would, at a minimum,
require the applicant to participate in a future local improvement district(LID) to improve Boone
Avenue and Van Marter Road along the frontage of the site; by installing additional asphalt, and
cud wlke Road Standards for Road and Sewer Construction, and testimony of
Micki rb an Harn sideois.a Spokane. Se County City Fire District 1 recommended pertinent conditions oft
approval
for the preliminary short plat submitted for the site.
44. The record does not establish that the applicant would develop rental housing on the site if
the rezone application is approved, approval of the rezone would lead to the development of
substandard housing incompatible with neighboring residences, or off-site parking required by the
City Zoning Code (i.e. 2 spaces per duplex unit)would not be provided for future housing
developed on the site if the rezone application is approved. The applicant testified that approval
of the rezone and preliminary short plat would benefit the neighborhood through the removal of
the old barn and the noxious weeds on the site.
45. The City's Critical Areas maps do not designate any priority wildlife habitat on the site or in
the area. There is no evidence that approval of the rezone would have any adverse impact on a
priority wildlife habitat or species.
46. The City Phase I Development Regulations do not require direct concurrency for schools,
parks, police or fire protection; so the rezone application cannot be denied or conditioned for any
adverse impacts caused to such public services. Central Valley School District was contacted
regarding the proposal, but did not submit any comments. There is no competent evidence in the
record that the proposal will have any significant adverse impact on school capacity.
47. The County Division of Utilities and Modern Electric Water Company, respectively,
certified the availability of public sewer and water for the development of the site for up to four
(4) single-family residences. 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
BE Findings, Conclusions and Decision REZ-19-06 Page 6
complies with the public sewer and water concurrency requirements of the City Phase I
Development Regulations.
48. The affidavit of posting submitted for the site indicates that a notice of hearing was timely
{ posted for the site along Boone Avenue, the most heavily traveled street located adjacent to the
site, on September 22, 2006; and that the sign was visible to passersby, although not ideally
located for viewing. Such posting substantially complies with paragraph 13.700.106(1)(b) of the
City's Application Review Procedures for Project Permits (adopted by City Ordinance No. 03-
60.)
49. 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 adjacent to an near existing UR-7 zoning, located 300 feet from an Urban
Principal Arterial, and served by a high level of public services.
50. 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.
51. 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.
The DNS issued for the rezone application was not appealed. Further, there is no competent
evidence in the record that the proposed rezone would have any significant adverse impact on the
environment.
52. The Staff Report analyzed the consistency of the rezone application with the Comprehensive
Plan, and found that the proposed rezone was in conformance to the Comprehensive Plan. The
Hearing Examiner agrees with such analysis.
53. 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, adoption of the City Comprehensive Plan and City Phase I
Development Regulations, the approval of 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.
HE Findings, Conclusions and Decision REZ-19-06 Page 7
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
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 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 residential 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 west property line of the site prior to final short plat
approval or issuance of a building permit. Further, the applicant shall submit a written agreement
BE Findings, Conclusions and Decision REZ-19-06 Page 8
written agreement requiring that the applicant or successors in interest shall continuously maintain
such required screening in good condition. The applicant shall, at the same time, agree that at the
time of sale of any and all of the parcels created through the short plat of the property, to notify in
writing all buyers of the requirement to maintain the required screening along the portion of the
property under their direct control.
4. Upon any discovery of potential or known archaeological resources at the subject property
prior to or during future on-site construction, the developer, contractor, and/or any other parties
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 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.
HE Findings, Conclusions and Decision REZ-19-06 Page 9
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 p � p y s other than burning.
4. All traveled surfaces (i.e. ingress, egress, parking areas, access roads, etc.) should be paved
and kept clean to minimize dust emissions.
5. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
6. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
7. A Notice of Construction and Application for Approval is required to be submitted and
approved by SCAPCA prior to the construction, installation, or establishment of an air pollution
source. This includes emergency generators rated at 500 hp (375 kW) or higher, natural gas
heating equipment units rated at 4 MMBTU/hr or higher(input), and heating equipment units
fired with other fuels (e.g. diesel) rated at 1 MMBTU/hr (input) or higher. The applicant shall
contact SCAPCA for a Notice of Application.
8. A Notice of Intent must be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application.
WASHINGTON STATE DEPARTMENT OF ECOLOGY(SPOKANE OFFICE)
1. The applicant shall comply with the water quality requirements set forth in the letter dated
September 21, 2006 from the Department of Ecology to the City Department of Community
Development, in File No. REZ-19-06.
HE Findings, Conclusions and Decision REZ-19-06 Page 10
DATED this 15th day of November, 2006
CITY BEARING XAMINER PRO TEM
•
Micha- C. Dempsey, WSBA#82'
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
F parties of record, on November 15, 2006. THE APPEAL CLOSING DATE IS NOVEMBER
I 29, 2006.
1
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,
1 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-19-06 Page 11