REZ-28-06 i
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: George Taylor ) AND DECISION
File No. REZ-28-06 )
)
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.
II. 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 .8 acre of land.
2. The site is located along the north side of Broadway Avenue, approximately 160 feet east of
the intersection of Broadway Avenue and University Road; and is situated in the NW 1/4 of
Section 16, Township 25 North, Range 44 EWM, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45162.1019; and has a
street address of 10715 East Broadway, Spokane Valley. The property is legally described on the
preliminary short plat map submitted for the site.
4. The applicant and site owner is George Taylor, 11909 Alaska Loop, Hayden Lake, Idaho,
83835.
5. On September 14, 2006, the applicant submitted a complete application for a rezone in the
above file to the City Department of Community Development- Planning Division("City Planning
Division").
6. On December 1, 2006, the City Planning Division issued a Determination of Nonsignificance
(DNS) for the proposed rezone. The DNS was not appealed.
7. On January 18, 2007, 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 January 18, 2007, 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.
HE Findings, Conclusions and Decision REZ-28-06 Page 1
9. The following persons testified at the public hearing:
Micki Harnois, Associate Planner Wayne Rogers
Spokane Valley Community Development Dept. Storhaug Engineers
11707 E. Sprague Avenue, Suite 106 510 E. Third Avenue
Spokane Valley, WA 99206 Spokane, WA 99202
Joan Greer Loretta Hayden
814 N. University Road 804 N. University Road
Spokane Valley, WA 99216 Spokane Valley, WA 99216
Allen Knoles Kenneth Pearson
10805 E. Broadway 718 N. University
Spokane Valley, WA 99206 Spokane, WA 99206
Janette Lacroix Shirley Pearson
10724 E. Broadway 718 N. University
Spokane Valley, WA 99206 Spokane, WA 99206
10. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
Interim Zoning Code, Subdivision Ordinance, Phase I Development Regulations, Standards for
Road and Sewer Construction, Municipal Code, and other applicable development regulations;
and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-28-06 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. The record does not include a letter dated January 17, 2007 from the
Washington State Department of Ecology(WDOE), because it was submitted after the hearing
was closed. Such letter is redundant of the letter submitted by WDOE on December 14, 2006.
12. The record includes an email that was submitted by Richard and Lisa Schott to the City
Planning Division on January 18, 2007 prior to the public hearing, but not brought to the
Examiner's attention until after the hearing was closed on such date; the response to such email
submitted by Wayne Rogers on January 18, 2007, after the hearing was closed; a letter dated
January 18, 2007 from Central Valley School District that was faxed to the City Planning Division
during the public hearing, but not brought to the Examiner's attention until after the hearing; and
correspondence between the Examiner regarding the emails and letters brought to the Examiner's
attention after the public hearing.
13. The site is approximately .8 acre in size and relatively flat in topography. The site is
improved with a single-family dwelling, which is attached to a garage through a breezeway.
14. On September 14, 2006, an application for a preliminary short plat was submitted in File
No. SHP-37-06. The preliminary short plat map submitted on November 22, 2006 illustrates
HE Findings, Conclusions and Decision REZ-28-06 Page 2
division of the site into three (3) lots; including two (2) lots for single-family dwellings that front
along Broadway, and a duplex lot located in the north portion of the site.
15. The applicant plans to remove the garage and breezeway attached to the existing residence,
and accommodate the modified residence on the lot proposed in the southeast corner of the site.
All the lots in the short plat would access Broadway Avenue via a private driveway system; which
would extend north along the east property line of the site, extend west along the common
boundary between the duplex and the single-family lots, and include a turnaround.
16. The density(net), as well as the gross density, of the preliminary short plat is determined by
dividing the proposed number of units (4) by the size of the site (.8 acres), and is approximately
5.0 dwelling units per acre. The preliminary short plat map incorrectly states the gross density of
the site to be 3.76 dwelling units per acre.
17. The preliminary short plat is subject to administrative review and approval by the City
Planning Division, without a public hearing. Such approval is contingent on the 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.
18. Effective January 1, 1991, Spokane County reclassified the zoning of the site and
neighboring 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.
19. 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, and retained the zoning of the site and neighboring land.
20. 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 most of the County's land use controls by
reference; subject to certain revisions not relevant to the current application.
21. On March 15, 2004, the Hearing Examiner approved a rezone of.69 acres of land located a
few blocks southeast of the site, at the southeast corner of Raymond Road and Alki Avenue, from
the UR-3.5 zone to the UR-7* zone, for the purpose of short-platting such acreage for single-
family and duplex dwellings. See decision in File No. REZ-21-03.
22. On April 27, 2004, the Hearing Examiner approved a rezone of.87 acres of land located a
few blocks northwest of the site, along Felts Road, approximately 100 feet north of Broadway
Avenue, from the UR-3.5 zone to the UR-7* zone; for the purpose of short-platting such acreage
for single-family and duplex dwellings. See decision in File No. REZ-02-04.
23. On May 10, 2006, the Hearing Examiner approved a rezone of.97 acres of land located a
few blocks southeast of the site, along the north side of Valleyway Avenue, from the UR-3.5 zone
HE Findings, Conclusions and Decision REZ-28-06 Page 3
to the UR-7* zone; for the purpose of short-platting such acreage for single-family and duplex
dwellings. See decision in File No. REZ-05-06.
24. On May 10, 2006, the City implemented a new Comprehensive Plan, pursuant to City
Ordinance No. 06-010. The City Phase I Development Regulations were updated to implement
the Comprehensive Plan, pursuant to City Ordinance No. 06-011.
25. On November 15, 2006, the Hearing Examiner approved a rezone of 1.0 acre of land
located a few blocks northeast of the site, at the southwest corner of the intersection of Boone
Avenue and Van Marter Road, from the UR-3.5 zone to the UR-7* zone; for the purpose of
short-platting such acreage for single-family and duplex dwellings. See decision in File No. REZ-
19-06.
26. The site and neighboring land are designated in the Low Density Residential category of the
Comprehensive Plan; except for several acres of land located between 100 feet and 1,000 feet east
of the site, along the south side of Broadway Avenue, which land is designated in the
Public/Quasi-Public category.
27. A community center(Spokane Valley Center) is located approximately 100 feet southeast of
the site, and a public elementary school is located directly east of the community center; with both
uses being located along the south side of Broadway Avenue and designated in the Public/Quasi-
Public category of the Comprehensive Plan.
28. Some scattered duplexes are located in the vicinity; including a duplex located near the site
to the east along Broadway Avenue, and some duplexes located along Van Marter Road to the
north. The area is otherwise dominated by single-family dwellings on lots of various sizes.
29. The City Arterial Road Plan designates University Road and Broadway Avenue as Urban
Principal Arterials, and designates Bowdish Avenue to the east as an Urban Minor Arterial.
Broadway Avenue is improved to four (4) lanes in the area, and has curbs and sidewalks. The
intersection of Broadway Avenue and University Road is signalized.
30. Neighboring property owners submitted opposition to the rezone; based on such concerns
as increased housing density, small lot sizes, defacing of the existing home on the site lack of
parking, impacts on property values, adverse impacts from duplex rentals, adding to adverse
impacts resulting from the nearby Spokane Valley Center, loss of privacy due to proximity of
proposed structures to adjacent land, loss of quality of life, traffic congestion and pedestrian
safety along Broadway Avenue, traffic safety concerns at the intersection of Broadway Avenue
and University Road, difficulty of vehicular access onto Broadway Avenue, and other concerns.
31. The City Phase I Development Regulations require all zone reclassifications to be consistent
with the implementing zone(s) specified in such regulations for the Comprehensive Plan
designation that applies to the property. The UR-3.5 and UR-7* zones implement the Low
Density Residential category of the Comprehensive Plan.
HE Findings, Conclusions and Decision REZ-28-06 Page 4
•
32. The UR-3.5 zone 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; and a maximum residential density of 4.35 dwelling units per acre.
33. 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 same uses as the UR-3.5
zone, as well as multi-family dwellings and certain other more intensive uses.
34. The City Phase I Development Regulations limit the density(net) of new residential
development on land designated in the Low Density Residential category of the Comprehensive
Plan, and rezoned to the UR-7 under such regulations, to six(6) dwelling units per acre. Such
zoning is referenced as "UR-7*".
35. 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
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.
36. The Staff Report sets forth relevant ant policies of the Comprehensive Plan. The policy most
relevant 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.
37. Policies LUP-1.1 and NP-2.1 of the Comprehensive Plan recommend that the character of
existing and future residential neighborhoods be maintained and protected through the
development and enforcement of the City's land use regulations and joint planning.
38. Policy CFP-4.6 of the Comprehensive Plan recommends that new development connect to
public sewer and water.
39. The maximum number of dwelling units that can be developed on the site under the UR-7*
zone is four (4); which is only one (1) more dwelling unit than can be developed on the site under
the UR-3.5 zone.
40. The approval of the proposed rezone by the Examiner would not authorize any particular
development of the site, or approve the preliminary short plat submitted for the site.
41. 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 along all exterior boundaries of the site, except the south boundary
lIE Findings, Conclusions and Decision REZ-28-06 Page 5
adjacent to Broadway Avenue; and would help buffer the increased density of housing on the site
from adjacent residences.
42. 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 the transportation concurrency requirements of 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.
43. The conditions of approval submitted by City Engineering for the proposed short plat
indicate that traffic improvements would not be required for the proposed short plat, considering
the fully improved character of Broadway Avenue. The applicant indicated that City Engineering
did not request a detailed traffic analysis for the proposed short plat, because of the small amount
of traffic that the proposed short plat would generate.
44, The applicant indicated that vehicles exiting the short plat would use the proposed
turnaround illustrated on the preliminary short plat map, which has been approved by Spokane
County Fire District 1 for fire access, and not have to back onto Broadway Avenue; the residence
on the site would be restored to an aesthetically pleasing condition after being modified; home
values have increased significantly in the area since 2000; and the housing developed on the site
would be mostly middle income and would not reduce the values of neighboring properties.
45. Neighboring property owners did not establish, through competent traffic engineering
evidence, that approval of the rezone would result in a failing level of service at any street
intersections impacted by development of the site under the UR-7* zone, or have any significant
adverse impact on traffic safety. Such owners did not establish, through competent evidence on
values, that the proposed rezone would have any significant adverse impact on neighboring
property values.
46. There is no evidence in the record that the parking standards of the City Interim Zoning
Code for single-family homes and duplexes (2 spaces per dwelling unit) cannot be met if the site is
developed for a maximum of four(4) dwelling units under the proposed UR-7* zone.
47. The City Phase I Development Regulations do not require land use proposals to provide
direct concurrency for schools, and approval of the rezone does not approve any specific
development of the site. Accordingly, the concerns submitted by Central Valley School District
regarding the need to bus students to meet school capacity needs, and the lack of sufficient school
capacity after September of 2008, does not provide a basis for the Examiner to deny or condition
the proposed rezone based on school impacts.
48. The County Division of Utilities and Modern Electric Water Company, respectively,
certified the availability of public sewer and water to the site for the three (3) additional dwelling
units that could be added to the site through the approval of the proposed rezone and proposed
short plat.
HE Findings, Conclusions and Decision REZ-28-06 Page 6
49. The Spokane Regional Health District and County Utilities conditions of approval require
the uses on the site to be connected to public sewer and water. The proposed rezone complies
with the public sewer and water concuirency requirements of the City Phase I Development
Regulations.
50. The site is suitable for a rezone to the UR-7* zone. The site is designated in the Low
Density Residential category of the Comprehensive Plan, abuts a fully improved Urban Principal
Arterial, lies only 160 feet east of the intersection of such arterial with another Urban Principal
Arterial, is located within walking distance of public transit at such intersection, and is served by a
high level of public services.
51. The conditions of approval recommended by public agencies that apply only to the
preliminary short plat should not be incorporated as conditions of approval for the proposed
rezone.
52. No public agencies, other than Central Valley School District, expressed concerns regarding
the proposal. 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.
53. 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.
54. Significant 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 a number of rezones to the UR-7* for single-
family and duplex residential development within a few blocks of the site, 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 the approval of a site-specific zone
reclassification, if the proposed rezone is consistent with the Comprehensive Plan and 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.
HE Findings, Conclusions and Decision REZ-28-06 Page 7
3. The proposed rezone, as conditioned, conforms to the Comprehensive Plan, and complies
with the City Phase I Development Regulations.
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 circumstances has occurred in the area since the site was zoned UR-
3.5 by Spokane County in 1991, and also since such zoning was continued under the City Interim
Zoning Code and City Phase I Development Regulations in 2003.
6. The proposed rezone, as conditioned, complies with the UR-7* 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 paragraph 14.402.020(1) 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 the City Interim
Zoning Code, the City Phase I Development Regulations, Chapter 10.35 of the Spokane Valley
Municipal Code (SVMC), and the rezone criteria established by Washington case law.
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.
BE Findings, Conclusions and Decision REZ-28-06 Page 8
2. The Spokane Valley Interim Zoning Map shall be updated to specify an Urban Residential-
7* (UR-7*) designation for Parcel No. 45162.1019.
3. Any proposed development shall not exceed a maximum density of six(6) dwelling units per
acre.
4. 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, east and north property lines of the site prior to
the issuance of any building permit Further, the applicant shall submit a written agreement
requiring that the applicant or successors in interest to 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.
SPOKANE TRIBE OF INDIANS
1. If any artifacts or human remains are found upon excavation, the office should be notified
immediately and the work in the immediate area promptly cease.
CITY OF SPOKANE VALLEY ENGINEERING DEPARTMENT
1. All conditions will be deferred to the time of building permit or short plat 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.
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-28-06 Page 9
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.
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-28-06 Page 10
•
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
1. The applicant shall comply with the requirements set forth in the letter dated December
14, 2006 from the Washington State Department of Ecology to the City of Spokane Valley, in
File No. REZ-28-06.
DATED this 1st day of March, 2007
CITY HEARN EXAMINER PRO TEM
Aft
Michael C. Dempsey, WSB A •s::
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 March 1, 2007. THE APPEAL CLOSING DATE IS MARCH 15, 2007.
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-Planning Division, 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-28-06 Page 11