REZ-07-05 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: P &R Partnership ) AND DECISION
File No. REZ-07-05 )
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.
H. FINDINGS OF FACT
1. The application seeks approval of a zone reclassification from the Urban Residential-3.5
(UR-3.5) zone to the Urban Residential-7* (UR-7*) zone, on approximately 1.34 acres of land.
2. The site is located north of and adjacent to Main Avenue, between Bessie Road and Sargent
Road; in the SE 1/4 of Section 18, Township 25 North, Range 44 East, Willamette Meridian,
Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45184.1209 and
45184.1210; and is addressed at 8521 East Main Avenue, 8523 East Main Avenue and 8525 East
Main Avenue, Spokane Valley, Washington. The site is legally described on the site plan of
record submitted with the rezone application.
4. The applicant is P &R Partnership, 103 N. Locust Road, Suite B, Spokane, Washington
99206. The site owners are Marc Roecks, 103 N. Locust Road, Suite B, Spokane, Washington
99206; and William Purvis, 13108 E. Gibbs Road, Mica, Washington 99023.
5. On March 2, 2005, the applicant submitted the application for a rezone to the City
Department of Community Development. The site plan submitted on March 2, 2005 illustrated
division of the site into seven(7) lots for single-family dwellings, under the proposed UR-7 zone.
On March 17, 2005, the applicant submitted a revised site plan, considered the site plan of record
for the rezone, which simply shows the existing improvements on the site.
6. On April 29, 2005, the City Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not appealed.
7. The Hearing Examiner conducted a site visit on May 25, 2005, and conducted a public
hearing on May 26, 2005. The requirements for notice of public hearing were met.
HE Findings, Conclusions and Decision REZ-07-05 Page 1
8. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 03-057, as
amended by City Ordinance Nos. 03-081 and 04-012; and the City Hearing Examiner Rules of
Procedure.
9. The following persons testified at the public hearing:
Karen Kendall, Assistant Planner Sandra Raskell
Spokane Valley Community Development Assistant Development Engineer
Department, Planning Division City of Spokane Valley
11707 E. Sprague Avenue, Suite 106 11707 E Sprague Ave Suite 106
Spokane Valley, Washington 99206 Spokane Valley, Washington 99206-6124
William Purvis Marc Roecks
13108 E. Gibbs Road 103 N. Locust Road, Suite B
Mica, Washington 99023 Spokane, Washington 99206
Judith Ransom John S. Rieger
8719 E. Main Avenue 8612 E. Valleyway Avenue
Spokane Valley, WA 99212 Spokane Valley, WA 99212
Paul Bertelson Audrey Danals
8516 E. Valleyway Avenue 8723 E. Main Avenue
Spokane Valley, WA 99212-2820 Spokane Valley, WA 99212
Terry Silver Shirley Ennis
218 N. Bessie Road • 8609 E. Valleyway Avenue
Spokane Valley, WA 99212 Spokane Valley, WA 99212
Josh Rieger Sarah McLaughlan
8607 E. Valleyway Avenue 223 N. Bessie Road
Spokane Valley, WA 99212 Spokane Valley, WA 99212
Jim Adams
P.O. Box 13383
Spokane Valley, WA 99213-3383
10. The Hearing Examiner takes notice of the City 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.
11. The record includes the documents in File No. REZ-07-05 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.
HE Findings, Conclusions and Decision REZ-07-05 Page 2
12. The subject lot is approximately 1.34 acres in size, relatively flat in topography, and divided
into two (2) tax parcels. Three (3) single-family homes and associated accessory structures are
located on the site, oriented toward Main Avenue, two of which homes are located on the
westerly parcel and one of which is located on the easterly parcel. The property is vegetated with
evergreen trees, shrubs and grass.
13. Effective January 1, 1991, Spokane County reclassified the zoning of the site, and the land
in the vicinity lying north of Harrington Avenue, between Vista Road and Marguerite Road, from
its zoning under the now expired Spokane County Zoning Ordinance to the UR-3.5 zone,
pursuant to the Program to Implement the Spokane County Zoning Code.
14. In the same 1991 zoning action, the County reclassified the zoning of the two lots located
southeast of the site, directly west of the intersection of Sargent Road and Main Avenue; the lot
located further to the southwest, at the southwest corner of the intersection of Main Avenue and
Marguerite Road; the row of lots located between Harrington Avenue and the railroad right of
way to the south; and the land located west of Vista Road along the north side of Harrington
Avenue; to the UR-7 zone. The County, in the same action, reclassified the zoning of the land
located along the south side of Harrington Avenue in the vicinity to the Heavy Industrial(I-3)
zone.
15. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA) boundaries and Phase I Development Regulations, pursuant to the
State Growth Management Act. The County Phase I Development Regulations designated the
site and area in the UGA, and retained the zoning of the site and land in the area.
16. The County Comprehensive Plan designates the site and neighboring land located north of
the above-referenced railroad right of way in the Low Density Residential category, and
designated the land located along the south side of Harrington Avenue in the Heavy Industrial
category.
17. On March 31, 2003, the subject property and surrounding 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.
18. The land neighboring the site is developed with single-family residences on lots and parcels
of various sizes; except for some vacant land located to the north; and except for industrial uses
located along the south side of Harrington Avenue. Intensive commercial uses are found along
the Sprague Avenue/Appleway one-way road couplet located to the south, and along the Argonne
Road/Mullan Road one-way road couplet located to the east.
19. The City Arterial Road Plan designates Valleyway Avenue and Vista Road in the area as
Urban Collector Arterials; and designates Sprague Avenue, Appleway Avenue, Argonne Road
and Mullan Road as Urban Principal Arterials.
HE Findings, Conclusions and Decision REZ-07-05 Page 3
20. Several owners of neighboring single-family properties objected to the proposed rezone
based on housing density, lot sizes, impacts on property values, the impacts of the proposed
duplexes on property values, potential location of manufactured homes and rental housing on the
site, impacts on traffic capacity and safety, increased noise, continuation of unlawful storage and
poor upkeep of existing homes on site, increased crime, loss of privacy, and other concerns.
21. 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.
22. 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.
23. 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.
24. The City Phase I Development Regulations limits 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. 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.
25. If the rezone is approved, the applicant intends to short plat the site into seven(7) lots for
single-family dwellings, apparently according to the original site plan for the rezone submitted on
March 2, 2005. Such site plan was revised for the current rezone proposal on March 17, 2005,
because short plats are subject to administrative review by City Community Development staff
and are not subject to approval by the Hearing Examiner. The applicant plans to remove the most
westerly home located on the westerly of the two parcels that currently make up the site.
26. The proposed short plat is not before the Hearing Examiner. However, approval of the
proposed rezone would allow a higher density(net) of housing, up to six(6) dwelling units per
acre, to be developed on the site.
27. 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-07-05 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.
28. 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.
29. 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, east and west property lines of the site; and help buffer
the site and future development on the site from adjacent development.
30. Because the rezone is not tied to a specific site plan, the proposal 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.
There is no competent evidence of a traffic engineering nature to indicate that the proposed
rezone, or the higher density of housing on the site allowed under the UR-7* zone, would result
in a failing level of service at area intersections or have a significant adverse impact on traffic
safety.
31. City Department of Community Development staff indicated that code enforcement staff
was working with the applicant to correct possible code violations on the site, including unlawful
junk vehicles and unlawful storage. The applicant advised that it had recently evicted a tenant
who was causing a nuisance on the property; had removed garbage and up to 20 cars from the site
after such tenant eviction; and would develop stick-built or new double-wide manufactured homes
on the site, which dwellings would have 900-1,200 finished square feet and be comparably priced
for the neighborhood. The applicant also stated that it would remove the chicken coop and shed
on the site, the existing houses on the site were legally developed at the time they were built, and
it would remove the mostly westerly home on the westerly parcel making up the site,
32. Animal keeping is not a permitted use on the single-family lots in the area. Nonconforming
uses are discouraged by the City Zoning Code, and new development is generally not required to
buffer itself from a nonconforming use. Manufactured homes are a permitted use in both the UR-
3.5 and UR-7 zone, subject to compliance with special development standards. There is no
convincing evidence in the record that the proposal would have any significant adverse impact on
the value of neighboring properties.
33. The County Division of Utilities and Hutchinson Water District#16 certified the availability
of public sewer, through developer extension, and the availability of public water to the site. The
site is also located in the County's 6-year sewer capital improvement area. 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-07-05 Page 5
34. The proposal has been conditioned for compliance with the UR-7 zone and City Zoning
Code. The site is located in a developed area of residential housing, is located near major arterials
road systems, and is located near an Urban Collector Arterial. The site is served by a high level of
public services, including public sewer and water. Some UR-7 zoning is found in the vicinity. As
conditioned, the project will be reasonably compatible with neighboring land uses, and will not
adversely impact the public health, safety and general welfare.
35. 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 City Phase I Development Regulations, and incorporation of the
City of Spokane Valley.
Based on the above findings of fact, the Hearing Examiner enters the following:
M. 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.
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 under City Ordinance No. 03-57, as amended by Ordinance No. 03-081 and
03-081 and 04-012.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
zone reclassification to the Urban Residential-7 (UR-7) zone is hereby approved, subject to the
conditions of the various agencies specified below.
HE Findings, Conclusions and Decision REZ-07-05 Page 6
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
Failure to comply with the conditions of this approval may result in revocation of this
approval by the Hearing Examiner. 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.
2. The site shall be developed in accordance with the provisions of the Urban Residential-7*
(UR-7) zone and other applicable provisions of the City Zoning Code, as amended.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION
1. Additional comments and conditions are deferred until the short subdivision of the property.
2. Traffic concurrency will be determined at the time of short subdivision or"commercial"
permit application.
3. A Temporary Erosion and Sedimentation Control(TESC) plan, prepared by a Washington
State licensed Professional Engineer, shall be prepared and submitted with the site 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 VALLEY PUBLIC WORKS DEPARTMENT—BUILDING DIVISION
1. An Engineered Grading permit may be required per Ordinance 04-016.
2. Any demolition to take place requires building permits.
HE Findings, Conclusions and Decision REZ-07-05 Page 7
SPOKANE COUNTY DIVISION OF UTILITIES
1. Pursuant to the City Phase I Development Regulations, 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 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 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.
WASHINGTON STATE DEPARTMENT OF ECOLOGY(SPOKANE OFFICE)
1. The applicant is encouraged to use construction products containing recycled and non-toxic
materials whenever possible, to reuse and recycle all leftover construction materials, reduce waste
generated and practice "Green Building" principals in all aspects of the project. Recycling
construction debris is typically less expensive than disposal. Please contact James Wavada at
(509) 329-3545 for assistance.
2. The applicant proposes to demolish an existing structure(s). Item B.7a of the checklist asks
if there are any environmental health hazards that could occur as a result of the proposal.
Improper disposal of solid waste, including demotion waste, can result in environmental health
hazards. We encourage the applicant to salvage, reuse, and recycle as much of the waste as
possible. Recycling demolition debris is typically less expensive than disposal. Otherwise, the
demolition waste must be disposed of at a permitted waste handling facility.
3. Landscaping should incorporate waste prevention measures and the use of organic
materials. Water needs are reduced by use of native and drought tolerant plantings, compost
material, mulch, and drip irrigation. Pesticide and herbicide use is eliminated or reduced by use of
pest resistant and native plantings. Compost is also an effective soil amendment. Chipped woody
debris can be used to mulch ornamental beds, suppress weeds, retain moisture, control erosion,
and provide a base for pathways. The use of organic debris generated on-site for landscaping, if
possible, is also recommended.
4. It is preferable to leave the existing vegetation undisturbed for both aesthetic and practical
reasons. However, if it must be removed, the applicant is encouraged to dispose of it at a
compost facility or replant it elsewhere.
HE Findings, Conclusions and Decision REZ-07-05 Page 8
DATED this 5th day of July, 2005
CITY HEARING EXAMINER PRO TEM
Mic ael C. Dempsey, WSBA#8'3•
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 03-057, as amended by City Ordinance
Nos. 03-081 and 04-012, 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 of record aggrieved by such decision files an appeal with the
City Council of the City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane
Valley, Washington.
City Ordinance No. 04-012 provides that where the Examiner's Decision recommends
approval of a rezone proposal and no appeal has been filed within the time period set forth above,
the City Manager or designee shall modify the official zoning map of the City according to the
Examiner's decision; which action shall be considered the final legislative action of the City
Council and considered an"official control" of the City, but does not determine the date for
appeal.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on July 5, 2005. THE APPEAL CLOSING DATE IS JULY 19, 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-07-05 Page 9