HE decision for REZ-16-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for Zone Reclassification from )
the Urban Residential-3.5 (UR-3.5) Zone ) FINDINGS OF FACT,
to the Urban Residential-7* (UR-7*) Zone; ) CONCLUSIONS OF LAW,
Applicant: Whipple Consulting Engineers ) AND DECISION
File No. REZ-16-05 )
I. SUMMARY OF DECISION
Hearing Matter: Application for a zone reclassification 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 1.67 acres of land.
2. The site is located at the northeast corner of the intersection of Boone Avenue and Wilbur
Road; in the NE 1/4 of Section 16, Township 25 North, Range 44 EWM, Spokane County, WA.
3. The site is currently referenced as County Assessor's tax parcel no. 45161.0633. The site is
addressed at 11705 East Boone Avenue, Spokane Valley. The site is legally described on the site
plan of record.
4. The applicant is Whipple Consulting Engineers, do Todd Whipple, 13218 E. Sprague
Avenue, Spokane Valley, Washington 99216. The site owners are Jerry and Linda Klein, 721
North Pines Road, Spokane Valley, Washington 99206.
5. On May 12, 2005, the applicant submitted a complete application for a zone reclassification
to the City of Spokane Valley Department of Community Development, in File No. REZ-16-05.
6. The applicant also submitted a preliminary short plat application on May 12, 2005, to divide
the site into seven(7) lots and a total of nine (9) dwelling units. This includes one (1) lot for the
existing residence on the site, four(4) lots for new single-family dwellings, and two (2) duplex
lots. Such application would be reviewed administratively by the City Department of Community
Development, if the rezone application is approved.
7. On July 1, 2005, the City Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposed rezone and preliminary short plat.
The MDNS was not appealed.
HE Findings, Conclusions and Decision REZ-16-05 Page 1
8. The Hearing Examiner conducted a public hearing on August 4, 2005; and conducted a site
visit prior to the hearing on August 4, 2005. The requirements for notice of public hearing were
met.
9. The Hearing Examiner heard the proposal pursuant to the City Hearing Examiner
Ordinance, and the City Hearing Examiner Rules of Procedure.
10. The following persons testified at the public hearing:
Micki Harnois, Associate Planner Todd R. Whipple, P.E.
Spokane Valley Community Development Dept. Whipple Consulting Engineers
Planning Division 13218 E. Sprague Avenue
11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99216
Spokane Valley, WA 99206
Leon Moss Phyllis Moss
11822 E. Boone Avenue 11822 E. Boone Avenue
Spokane Valley, WA 99206-4905 Spokane Valley, WA 99206-4905
Gus Sulpizio Barbara Niehenke
11903 E. Maxwell Avenue 1304 N. Wilbur Road
Spokane Valley, WA 99206-4869 Spokane Valley, WA 99206
11. The Hearing Examiner takes notice of the City of Spokane Valley Interim Comprehensive
Plan, Zoning Code, Subdivision Ordinance, City 2001 Standards for Road and Sewer
Construction, other applicable development regulations, and prior land use decisions in the
vicinity.
12. The record includes the documents in File No. REZ-16-05 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 1.67 acres in size and relatively flat in topography. The site is
improved with a single-family home fronting along the north side of Boone Avenue, a swimming
pool and old tennis court. The property is vegetated with maple and pine trees, shrubs and grass.
14. Effective January 1, 1991, Spokane County reclassified the zoning of the site and nearby
land to the UR-3.5 zone, pursuant to the Program to Implement the Spokane County Zoning
Code, a county-wide rezoning effort.
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, and retained the zoning of the site and neighboring land. The County
HE Findings, Conclusions and Decision REZ-16-05 Page 2
Comprehensive Plan designated the site and neighboring land in the Low Density Residential
category.
16. 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 City land use controls,
the County's Comprehensive Plan, Zoning Code, Phase I Development Regulations and certain
other development regulations, with certain revisions.
17. On June 16;2005,the Examiner conducted a public hearing on the proposed
rezone of 1.54 acres of land located approximately 860 feet southeast of the site, along the south
side of Boone Avenue, from the UR-3.5 zone to the UR-7* zone; with the intent to short plat
such acreage into nine (9) lots for single-family dwelling. The Hearing Examiner had not issued a
decision on such rezone at the time of the public hearing on the current proposed rezone.
18. The land bordering the site is zoned UR-3.5 and developed with single-family residences, on
lots of various size; except for a duplex located east of the site.
19. The City Arterial Road Plan designates Broadway Avenue to the south as an Urban
Principal Arterial, and designates Mission Avenue to the north and Bowdish Avenue to the west
as Urban Minor Arterials. Pines Road(SR-27) to the east is a state highway. The Interstate
90/Pines Road(SR-27) freeway interchange is located a short distance north of the intersection of
Mission Avenue and Pines Road(SR-27).
20. Opposition to the proposal was submitted by the owners (Elmer and Barbara Niehenke) of a
17,838-square foot lot located north of the west half of the site;which is improved with a single-
family home fronting along the east side of Wilbur Road, and a large detached garage or barn
located in the southeast portion of the lot. See parcel information in public notice documents,
County Assessor's map, and testimony of Barbara Niehenke.
21. Opposition to the proposal was submitted by the owners (Leon and Phyllis Moss) of a
36,225-square foot (.83 acres) lot located 340 feet southeast of the site, along the south side of
Boone Avenue; which lot is improved with a single-family residence. See parcel information in
public notice documents, and County Assessor's map.
22. Opposition to the proposal was also submitted by the owner(Gus Sulpizio) of a single-
family residence located two blocks northeast of the site, along the north side of Maxwell Avenue.
23. The opponents of the proposal expressed concern regarding the increased housing density
and smaller lot sizes permitted by the rezoning of the site; loss of privacy due to the proximity of
dwellings developed on site to adjacent properties;weeds on the site creating a fire hazard, and a
sight distance problem at the intersection of Wilbur Road and Boone Avenue; general
maintenance issues and increased crime associated with duplex rental housing; increased traffic,
vehicles speeding on Boone Avenue, and safety impacts to children and pedestrians on
neighboring streets; poor condition of paving on neighborhood streets; cut through traffic on local
streets; lack of sewer capacity for new development in the City; impacts on school capacity; and
other concerns.
HE Findings, Conclusions and Decision REZ-16-05 Page 3
24. The City Phase I Development Regulations require all zone reclassifications to be consistent
with the implementing zones specified in such regulations for the Comprehensive Plan
designations that apply to the subject property. The implementing zones for the Low Density
Residential category, in which the site is designated, are the UR-3.5 and UR-7 zones. The
proposed UR-7* zone implements the Phase I Development Regulations.
25. The UR-3.5 zone, which currently applies to the site, is intended to promote areas of
primarily single-family residences in an urbanized neighborhood setting. Such zone permits
--- _ ------ --- ---- --..._...------
single-family homes, duplexes and certain other uses. The UR-3.5 zone permits a maximum
residential density of 4.35 dwelling units per acres. The minimum frontage for both single-family
dwellings and duplex dwellings in the UR-3.5 zone is 80 feet, and the minimum lot size for both
use types is 10,000 square feet.
26. The UR-7 zone is intended to add to the variety of housing types and densities, 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 certain other uses.
27. The City Phase I Development Regulations limit new residential development on land
rezoned to the UR-7 under such regulations to a maximum density(net) of six(6) dwelling units
per acre, with such zoning referred to as "UR-7*". The UR-7 zone otherwise permits a density
(net) of seven(7) dwelling units per acre. 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 dwelling. The minimum
frontage in the UR-7 zone is 65 feet for a single-family dwelling and 90 feet for a duplex dwelling.
28. The preliminary short plat currently has a residential density(net) of 5.97 dwelling units per
acre, which complies with the maximum density(net) permitted in the UR-7* zone of six(6)
dwelling units per acre.
29. While the proposed short plat is not before the Hearing Examiner, the Examiner questions
inclusion of the private road within the boundaries and lot areas of the proposed lots bordering
the private road. Under the City Zoning Code, the definition of"lot area" includes the total
horizontal space within the "lot lines" of lot, excluding any street rights of way. The definition of
"lot front line" means the line separating the lot from the street. The definition of"street, public
(private)" includes a private road. See Zoning Code 14.300.100.
30. Exclusion of the private road from the lot boundaries in the preliminary short plat would
mean that the two duplex lots, and possibly two of the single-family lots (Lots 4 and 5), would
not meet minimum lot size requirements; and may require some readjustment of lot boundaries or
a reduction of lots. This issue should be addressed at the time of administrative review of the
preliminary short plat by the City Department of Community Development.
31. Policy UL.9.1 of the Comprehensive Plan recommends that residential densities in the Low
Density Residential category of the Comprehensive Plan range from 1-6 dwelling units per acre.
HE Findings, Conclusions and Decision REZ-16-05 Page 4
Policy UL.9.2 recommends that the County seek to achieve an average residential density in new
development of at least four(4) dwelling units per acre, through a mix of densities and housing
Policy UL.8.1 recommends that mixed-income development be provided for in residential areas.
The proposed rezone implements these policies.
32. The Staff Report sets forth applicable policies of the Comprehensive Plan, and finds the
proposed rezone to be consistent with such policies and the development standards of the UR-7
zone. The Examiner agrees with such analysis, as supplemented herein.
33. 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
requirement would apply along the north and east boundaries of the site; and would help buffer
the residences on the land lying to the east and north from future dwellings constructed on the
site.
34. 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. Traffic
concurrency, and required road improvements, will be determined by City Engineering at the time
of short plat approval or building permit. The Examiner's decision does not authorize any
particular development of the site.
35. The applicant's traffic engineering consultant testified at the public hearing that a cursory
review of the level of service (LOS) at the intersection of Boone Avenue and Wilbur Road
indicated the intersection was at LOS A, the highest level of service given to intersections under
the City Road Standards; a significant amount of traffic capacity remains in neighboring streets;
and that the small amount of traffic generated by the proposal would not significantly impact such
LOS or traffic safety on neighboring roads. Development of the site would likely eliminate the
weeds on the property, and any sight distance issue created by their presence.
36. There is no competent evidence in the record, of a traffic engineering nature, establishing
that the proposed rezone would result in a failing level of service (LOS) at area intersections or
have a significant adverse impact on traffic safety or capacity. City Engineering will require
frontage requirements along Boone Avenue and Wilbur Road, if the proposed short plat is
approved by the City Department of Community Development.
37. The City Phase I Development Regulations do not require that direct concurrency for
schools or parks exists for new development in the City. Central Valley School District was
contacted regarding the proposed rezone and the MDNS issued for the proposal, but did not
submit any comments.
I '
38. The County Division of Utilities and Modern Electric Water Company, respectively,
certified the availability of public sewer and water for the rezone and proposed short plat. There
is no competent evidence in the record that insufficient sewer capacity exists for the site at the
housing density permitted by the UR-7* zone. The proposed rezone complies with the public
sewer and water concurrency requirements of the City Phase I Development Regulations.
HE Findings, Conclusions and Decision REZ-16-05 Page 5
39. The applicant indicated at the public hearing that there is a good market for duplex rentals at
the current time, but that the applicant prefers to sell the duplex units proposed for the site to
first-time home buyers; and that he would speak to the site owner about the presence of weeds on
the site.
40. The site is suitable for a rezone to the UR-7* zone, considering it is located on a corner lot
and has good access to neighboring arterial streets; is located one-third(1/3) mile west of Pines
Road(SR-27), a major transportation and commercial corridor in the City; the availability of a
--high level of public services to the site; and location of site in a developed housing area.
41. Under Washington case law, a proposed rezone that implements a local comprehensive plan
does not have to be supported by a showing of a showing of changed conditions.
42. The current rezone application conforms to the Comprehensive Plan. In addition, changed
Conditions have occurred in the area since the zoning of the site was reclassified to the UR-3.5
zone in 1991. This includes the extension of public sewer to the area, adoption of the City
Comprehensive Plan and designation of the site in the Low Density Residential category of such
plan, adoption of the City Phase I Development Regulations, approval of a similar rezone to the
UR-7* zone on land located east of the site along Boone Avenue, incorporation of the City of
Spokane Valley, and general growth in the area.
43. The Examiner has not imposed conditions of approval on the rezone proposal that apply
only to the preliminary short plat application.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed zone reclassification conforms to the City Comprehensive Plan.
2. The proposed rezone, as conditioned, bears a substantial relationship, and will not be
detrimental, to the public health, safety or welfare.
3. A change in economic, technological, or land use conditions has occurred to warrant the
proposed rezone, as conditioned. 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 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
Zoning Code for amending the City official zoning map.
HE Findings, Conclusions and Decision REZ-16-05 Page 6
6. 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.
7. Approval of the zone reclassification is appropriate under Chapter 14.402.020 of the City
Zoning Code, and the City Hearing Examiner Ordinance.
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.
CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT-
CURRENT PLANNING
1. 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 VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION
1. A Professional Engineer, licensed in the State of Washington, shall submit final road and
drainage plans and a drainage report including calculations that conform to the 2001 Edition of
the Spokane County Standards for Road and Sewer Construction, the 1998 Spokane County
Guidelines for Stormwater Management (both adopted by the City of Spokane Valley), Spokane
Valley Stormwater Ordinance 05-013, and all other applicable standards. All stormwater
treatment shall follow applicable standards of treatment prior to release in a drywell.
2. Frontage improvements are required along Boone Avenue and Wilbur Road. These will be
determined at the time of short plat application.
3. Transportation concurrency will be determined at the time of land use or commercial land
use application.
HE Findings, Conclusions and Decision REZ-16-05 Page 7
4. A Temporary Erosion and Sedimentations Control(TESC) plan, prepared by a Washington
State licensed Professional Engineer, shall be prepared and submitted with the site e construction
plans. The TESC plan is to follow 1998 Spokane County Guidelines for Stormwater
Management. The TESC structures (such as silt ponds, silt traps) are to be installed prior to the
start of site work, and the TESC measures are to be implemented and maintained throughout the
duration of construction and until the site has stabilized.
SPOKANE COUNTY DIVISION OF UTILITIES
1. A wet (live) sewer connection to the area-wide Public Sewer System is to 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 the 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 Spokane County Division of Utilities shall be submitted prior
to the finalization of the preliminary plat.
4. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE COUNTY 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.
BE Findings, Conclusions and Decision REZ-16-05 Page 8
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 5
g Yg
dat 00 h (375 or higher, natural gas
p (
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 or 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.
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.
DATED this 30th day of August, 2005
CITY HEARING EXAMINER PRO TEM
Michael C. Dempsey, WSBA#8235(,,
HE Findings, Conclusions and Decision REZ-16-05 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
decsic�i, a party with 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 August 30, 2005. THE APPEAL CLOSING DATE IS SEPTEMBER
13, 2005.
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-16-05 Page 10