REZ-10-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Rezone from the )
Community Business (B-2) Zone to the ) FINDINGS OF FACT,
Urban Residential-22 (UR-22) Zone; ) CONCLUSIONS OF LAW,
Applicant: Mission 9407, LLC ) AND DECISION
File No. REZ-10-05 )
)
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone, from the B-2 zone to the UR-22 zone.
Summary of Decision: Approve application, subject to conditions of approval.
H. FINDINGS OF FACT
1. The subject application seeks approval of a zone reclassification from the Community
Business (B-2) zone to the Urban Residential-22 (UR-22) zone, on approximately 1.39 acres of
land, with the intent to construct multi-family dwelling units.
2. The site is located along the north side of Mission Avenue,approximately 700 feet east of
the intersection of Mullan Road and Mission Avenue, in the SW 1/4 of Section 8, Township 25
North, Range 44 East, Willamette Meridian, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45083.9012; and is
addressed at 9407 E. Mission Avenue, Spokane Valley, Washington. The site is legally described
on the site plan submitted by the applicant.
4. The applicant and site owner is Mission 9407, LLC, do Vic and Jay Overholser, 202 East
Trent Avenue, Suite 500, Spokane, Washington 99202.
5. On March 23, 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-10-05.
6. On May 13, 2005, the Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposed rezone. The MDNS was not
appealed.
7. The Hearing Examiner conducted a public hearing on the proposal on June 9, 2005; and
conducted a site visit on June 7, 2005. The requirements for notice of public hearing were met.
8. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 57, as amended
by City Ordinance Nos. 3-081 and 04-012; and the City Hearing Examiner Rules of Procedure.
HE Findings, Conclusions and Decision REZ-10-05 Page 1
9. The following persons testified at the public hearing:
Micki Hamois Jay Overholser
Department of Community Development 202 E. Trent Avenue, Suite 500
City of Spokane Valley Spokane, WA 99202-1676
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
Kevin Wolfe Ronelle Wolfe
1615 N. Locust Road 1615 N. Locust Road
Spokane Valley, WA 99206-4081 Spokane Valley, WA 99206-4081
Gayle Pacopac Victor Smelcer
9408 E. Mission Avenue P.O. Box 141281
Spokane Valley, WA 99206-4027 Spokane Valley, WA 99214-1281
Sabrina G. Smelcer Juli Evans
P.O. Box 141281 1705 N. Willow Road
Spokane Valley, WA 99214-1281 Spokane Valley, WA 99206
Ronald G. Beecher David M. Deakins
1704 N. Willow Road 1625 N. Locust Road
Spokane Valley, WA 99206 Spokane Valley, WA 99206-4081
10. The Hearing Examiner takes notice of the City Interim Comprehensive Plan, Zoning Code,
Phase I Development Regulations, and official zoning maps for the area; other applicable
development regulations, and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-10-05 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.
12. The site is approximately 1.39 acres in size, rectangular in shape, and slopes up from the
south border to the north border at an overall slope of approximately 5.5%. The south third and
the north third of the site are relatively flat in topography. The south third is developed with a
single-family residence and detached garage that front along Mission Avenue. The middle third of
the site is more steeply sloped, with a maximum slope of 14% slope, and contains a small shed.
The property is vegetated with trees, shrubs and grass. A cinder block and concrete retaining wall
are located along the south half of the east border of the site.
13. The site plan of record submitted on March 23, 2005 illustrates the existing buildings on the
site, which would be removed for site development.
BE Findings, Conclusions and Decision REZ-10-05 Page 2
14. Effective January 1, 1991, the zoning of the site, the land located between the site and
Locust Road to the east, and the parcels of land located between the site and Interstate 90 to the
north, were reclassified from their commercial zoning under the expired County Zoning Ordinance
to the Community Business (B-2) zoning under the County Zoning Code; pursuant to the
Program to Implement the Spokane County Zoning Code, a county-wide zoning effort.
15. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA) boundaries and Phase I Development Regulations, to the
State Growth Management Act(GMA). See County Resolution Nos. 2-0037 and 2-0470.
16. The County Comprehensive Plan designated the site in the Mixed Use category; as well as
the land located between Interstate 90 and Mission Avenue in the vicinity, from Locust Road on
the east to a few blocks west of the Argonne Road/Mullan Road couplet on the west; and the land
located southwest of the site, south of Mission Avenue, to some distance west of the Argonne
Road/Mullan Road couplet. The County Comprehensive Plan designated the remaining land in
the vicinity lying south of Interstate 90, including the land lying south and southeast of the site,
and the land lying east of Locust Road, in the Low Density Residential category.
17. The County Comprehensive Plan designated the land lying north of Interstate 90 in the
vicinity, west of Locust Road, in the Community Commercial category of the Comprehensive
Plan. The County Phase I Development Regulations designated the site and neighboring land
within the UGA, and retained the zoning of the site and nearby land.
18. On March 31, 2003, the City of Spokane Valley was incorporated, which included the
subject property and surrounding land. On the same date, the City adopted by reference, as City
land use controls, the County's Comprehensive Plan, Zoning Code, Phase I Development
Regulations and other development regulations, with certain revisions.
19. The City Interim Comprehensive Plan("Comprehensive Plan") retained the land use
designations established under the Comprehensive Plan for the land in the area within the city
limits. The City Phase I Development Regulations retained the zoning of the site and neighboring
land, as established under the County Phase I Development Regulations.
20. The land located between the site and Locust Road to the east, and the two parcels of land
located directly north of the site, are zoned B-2 and developed with single-family residences. A
water tower is found further to the north, adjacent to Interstate 90. The subdivision lying west of
the site, the land lying south and southeast of the site, and the land lying east of Locust Road in
the vicinity is zoned Urban Residential-3.5 (UR-3.5) and developed with single-family homes.
Some duplexes are also located in the vicinity.
21. A UR-22 zone developed with multi-family dwellings is located along the north side of
Mission Avenue, west of the subdivision that borders the site on the west. A variety of
commercial uses and zoning are found between, and along both sides of, Mullan Road and
Argonne Road in the area, both north and south of Interstate 90. A large Regional Business (B-
3) zone is located approximately 100 feet southwest of the site, which zone extends along the
HE Findings, Conclusions and Decision REZ-10-05 Page 3
south side of Mission Avenue west of Mullan Road. A large hotel is located at the southeast
corner of the intersection of Mullan Road and Mission Avenue.
22. The.City Arterial Road Plan designates Mission Avenue, east of Argonne Road, as an Urban
Minor Arterial; and designates Argonne Road and Mullan Road as Urban Principal Arterials.
Mission Avenue is improved to three (3) lanes, including a center turn lane, in the area. Argonne
Road and Mullan Road are multi-lane, 1-way streets in the area. A freeway interchange is located
at Interstate 90 and Mission Avenue, and lies less than 400 feet from the site at its closest point.
23. The City Phase I Development Regulations require all zone reclassification applications in
the Mixed Use category to be consistent with the Comprehensive Plan, and limit such applications
in the Mixed Use category to the Urban Residential-12 (UR-12), UR-22, Neighborhood Business
(B-1), B-2 and Industrial Park(I-1) zones.
24. The Comprehensive Plan states that Mixed Use areas are intended to enhance travel options,
encourage development of commercial uses, higher-density residences, office, recreation and
other uses.
25. Policy UL.2.10 of the Comprehensive Plan encourages mixed-use developments where they
would be compatible with neighborhood character.
26. Policies UL.2.3 through 2.09 of the Comprehensive Plan recommend that the City establish
a design review process, to run concurrent with the land use approval process, for mixed-use
areas and certain other types of development. Such process would include the development of
urban design guidelines, to provide consistency of application for the design review process; the
establishment of a design review board, consisting of members from designated professional
groups, to review the larger, more complex projects; use of the administrative process to provide
design review for small projects; and the development of neighborhood, subarea and community
plans, with specific design standards that reflect and preserve neighborhood character.
27. Policy 12.3 of the Comprehensive Plan sets forth the characteristics of a mixed-use area.
Policy 12.4 describes the contemplated mix of uses in a mixed-use area. This includes, in relevant
part, a variety of housing styles, such as apartments, condominiums, row houses, two-family and
single-family dwellings on small lots; and residential densities ranging from 6-30 dwelling units
per acre. Policy UL.12.5 recommends that mixed-use areas not be implemented until after the
adoption of a subarea plan that involves design professionals, government service providers,
business people and community residents.
28. The City has not adopted any additional standards besides the County Zoning Code to
implement policies of the Comprehensive Plan, established a design review process or design
review board, or adopted any neighborhood, community or sub-area plans for the area. The
absence of such actions does not provide authority for the Examiner to deny or delay the
proposed rezone because such actions have not taken place. See RCW 36.70B.030 and
36.70B.040.
HE Findings, Conclusions and Decision REZ-10-05 Page 4
29. The purpose and intent statement of the UR-22 zone indicates that the UR-22 zone is
intended primarily for multi-family dwellings, and is usually located adjacent to major (Urban
Principal) or secondary(Urban Minor) arterials; and to provide for higher density housing in
locations close to employment, shopping and major transportation routes where movements of
people can be handled efficiently and with least overall adverse impacts. Offices are permitted in
the UR-22 zone in order to provide some of the service needs generated by high-intensity land
uses. See Zoning Code 14.622.100
30. The purpose and intent statement of the UR-22 zone indicates that general characteristics of
UR-22 zone areas are paved roads, public sewer and water, accessibility to schools and libraries,
and a full line of public services, including manned fire protection and public transit accessibility.
The purpose and intent statement indicates that the UR-22 zone is intended to set standards for
the orderly development of residential property in a manner that provides a desirable living
environment compatible with surrounding land uses and assures the protection of property values.
31. The Examiner takes notice that the purpose and intent statement of the UR-22 zone is
somewhat obsolete, since it was not updated when the County added single-family and duplex
dwellings as permitted uses in the UR-22 zone in 1996, the County adopted a new
Comprehensive Plan and Phase I Development Regulations in 2002, and the City adopted such
statement by reference in the City Interim Zoning Code.
32. The minimum lot size in the UR-22 zone for a single-family residence, duplex and multi-
family dwelling is, respectively, 1,600 square feet, 3,200 square feet and 6,000 square feet. The
maximum density(net) in such zone is 22 dwelling unit per acre, and the maximum building height
for all structures is 50 feet and four(4) stories. The UR-22 zone permits a wide range of land
uses; including single-family homes, duplexes, multi-family dwellings, nursing/convalescent
homes, business or professional offices, medical office, family day care homes, hospital, church,
schools of all types, etc.
33. Neighboring owners of single-family homes submitted a petition in opposition to the
proposed rezone; and expressed opposition to the proposed rezone based on housing density, loss
of privacy, adverse impacts on property values, inconsistency of planned multi-family uses with
neighboring single-family residences, transient renters in multi-family developments, increased
traffic, noise impacts, adequacy of parking for proposed multi-family use, increased crime,
exterior lighting impacts, impacts on wildlife and other concerns.
34. A site development plan for the site dated January 26, 2005 illustrates potential development
of the site for 30 multi-family dwelling units, in three 3-story buildings, aligned from north to
south; along with 65 parking spaces accommodated in carports, garages and open parking spaces.
The environmental checklist submitted for the proposal indicates that 30 multi-family dwelling
units would be built on the site, including 24 two-bedroom units and six(6) one-bedroom units,
along with 65 parking spaces, 23 of which would be garage spaces. The environmental checklist
states that the tallest structure on the site would be 33 feet to the peak of the roof, parking lot
lighting would be minimized as much as possible, and there would be no direct lighting.
HE Findings, Conclusions and Decision REZ-10-05 Page 5
35. The applicant testified at the public hearing that it planned to build the proposed apartments
in one large building, oriented from east to west without windows on the east and west sides; in
order to mitigate privacy impacts on the neighboring single-family residential properties. The
applicant advised that a ratio of two (2) parking spaces per unit would be provided, whereas the
City Zoning Code only requires a ratio of 1.5 parking spaces per multi-family unit. The applicant
testified that the apartments would be professionally managed, rents would range from$600 to
$800 per unit, the 1-bedroom units would have 1,000 square feet of floor space, and the 2-
bedroom units would have 750 square feet of floor space. The applicant stated that exterior
lighting would not be directed onto neighboring properties, and a 6-foot high fence would be
installed along all exterior boundaries of the site. See testimony of Jay Overholser.
36. A neighboring property owner indicated that the City was in the process of updating its
Interim Comprehensive Plan and zoning, and that the site and neighboring land was planned for
lower density residential zoning. This is irrelevant, since the rezone application must be
considered under the City Interim Comprehensive Plan, City Phase I Development Regulations
and City Interim Zoning Code provisions in place when the rezone application was submitted on
March 23, 2005. See Section 13.300.100 of project application review procedures adopted by
City Ordinance No. 03-60.
37. Considering the residential properties bordering the site, and the distance between the site
and the commercial corridor along Argonne and Mullan Roads, the site is not well suited for the
B-1, B-2 or I-1 zones; which are among the five (5) implementing zones for the Mixed Use
category of the Comprehensive Plan under the City Phase I Development Regulations.
38. The UR-12 and UR-22 zones are the most appropriate zones for the site, among the
implementing zones for the Mixed Use category of the Comprehensive Plan. The UR-22 zone is
an appropriate zone for the site; considering the location of the site along an Urban Minor
Arterial, the nearness of the site to the Argonne Road/Mullan Road commercial corridor and the
I-90/Mission Avenue interchange, for shopping, employment and transportation; the proximity of
the site to public transit (transit stop located 100 feet from site); and the general availability of
public services to the site.
39. Consideration of the rezone application does not include review of any particular proposed
development of the site, so the Examiner cannot condition approval for any particular
development of the site. The Examiner has modified Department of Community Development
condition#1, relating to the landscaping and screening requirements of the City Zoning Code
applicable in the UR-22 zone, in this regard.
40. The concurrency requirements of the City Phase I Development Regulations require that the
site be served with public sewer and water if it is rezoned. The public water and sewer purveyors
indicated that such services are available to serve the proposed rezone, through extension to
existing facilities in Mission Avenue.
HE Findings, Conclusions and Decision REZ-10-05 Page 6
41. Rezone applications submitted without a site development plan, such as the current
proposal, are not subject to the transportation concurrency requirements of the City Phase I
Development Regulations.
42. The applicant estimated that if the site was developed for 30 multi-family dwelling units, this
would add only an estimated 200 daily vehicle trips along Mission Road, compared to an existing
volume of approximately 7,500 cars per day on Mission Avenue, and an estimated 22,000 vehicles
per day along Mullan Road at Mission Avenue; and would only add approximately 19 estimated
vehicle trips in the PM peak hour. City Engineering may request a traffic analysis for the site and
traffic mitigation, if found to be applicable, upon the submittal of a building permit for the site.
Spokane County Fire District 1 recommended conditions of approval, if the site is developed for
apartments.
43. The proposed rezone meets the sewer, water and transportation concurrency requirements
of the Phase I Development Regulations.
44. City Critical Areas maps do not designate any priority wildlife habitat, or other critical areas
on the site. Approval of the rezone does not authorize any specific development of the site.
There is no basis to require mitigation for wildlife for the proposed rezone.
45. The City Zoning Code requires that the applicant install a 6-foot high, sight-obscuring fence,
masonry wall or solid landscaping, along the west boundary of the site; and to also install five (5)
feet of Type III landscaping along such boundary if the site is developed for multi-family
dwellings. The City Zoning Code requires the installation of 20 feet of Type III landscaping along
the frontage of the site with Mission Avenue, if developed for multi-family dwellings. These
measures would help buffer future development of the site for a multi-family dwelling use from
neighboring single-family residential uses located to the west and south.
46. The City Zoning Code prohibits the outdoor lighting of a lot from directly illuminating any
building or structure on an adjacent lot that contains a building or residence.
47. It is not clear that approval of the proposed rezone would have an adverse impact on the
value of neighboring single-family residential properties, since the site is currently zoned B-2 and
could be developed for intensive commercial uses.
48. The proposed rezone will not have more than a moderate effect on the quality of the
environment.
49. Under Washington case law, community displeasure, standing alone, cannot be the basis for
denying a land use application. The decision must be based on the approval criteria for the
application.
50. Under Washington case law, it is not necessary to demonstrate changed circumstances in
support of a rezone proposal, where the proposed rezone implements the local government's
HE Findings, Conclusions and Decision REZ-10-05 Page 7
comprehensive plan. The proposal implements the policies for the Mixed Use category, and other
policies of the Comprehensive Plan applicable to the proposed rezone.
51. Conditions have substantially changed in the area since the zoning of the site was reclassified
to the B-2 zone in 1991. This includes the availability of public sewer for extension to the site,
increased commercial growth and road improvements along the Argonne Road/Mullan Road
couplet and along Mission Avenue west of the site, adoption of the City Comprehensive Plan and
designation of the site in the Mixed Use category of the City Comprehensive Plan, adoption of the
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:
III. CONCLUSIONS OF LAW
1. The proposed zone reclassification conforms to the City Interim Comprehensive Plan.
2. The proposed rezone bears a substantial relationship, and will not be detrimental, to the
public health, safety or welfare.
3. A substantial change in economic, technological, or land use conditions has occurred in the
area to warrant approval of the proposed rezone.
4. The proposed rezone complies with the UR-22 zone, the City Interim 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
Interim 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 City Ordinance Nos. 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-22 (UR-22) zone is hereby approved, subject to the
conditions of the various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
HE Findings, Conclusions and Decision REZ-10-05 Page 8
This approval does not waive the applicant's obligation to comply with all other
requirements of other public agencies with jurisdiction over land development.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The applicant shall comply with the landscaping and screening requirements of the City
Interim Zoning Code, as amended. If the site is developed for multi family dwellings, this will
require installation of a six(6)-foot-high concrete, masonry or decorative block wall, or sight-
obscuring fence, along the west property line prior to issuance of a Certificate of Occupancy for
the first completed multi-family dwelling unit on the site. The applicant may substitute six(6)-
foot-high solid Type I (sight-obscuring) landscaping for the screening and landscaping
requirement.
2. Upon any discovery of potential or known archaeological resources at the subject site prior
to or during existing and 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 hours from the time of discovery, the City of
Spokane Valley Community Development Department of said discovery.
3. Other conditions of approval may apply at the time of building permit or the development
of uses on the site.
AVISTA
1. A ten(10) foot wide utility easement is requested for the existing overhead facilities.
WASHINGTON STATE DEPARTMENT OF ECOLOGY(SPOKANE OFFICE)
1. Landscaping should incorporate waste prevention measures and the use of organic materials.
Water needs re reduced by use of 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. We also recommend using organic debris generated on-site if possible for landscaping.
If the existing vegetation must be removed the applicant is encouraged to dispose of it at a
compost facility or replant it elsewhere.
2. The applicant is encouraged to use construction products containing recycled and non-toxic
materials whenever possible to reuse and recycle all leftover construction materials, and reduce
waste generated and practice "Green Building"principals in all aspects of the project. Otherwise,
the demolition waste must be disposed of at a permitted solid waste facility.
HE Findings, Conclusions and Decision REZ-10-05 Page 9
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-BUILDING
DIVISION
1. Fire hydrants shall be placed on the corners of intersections and spaced no further than six
hundred(600) feet apart. If intersections are greater than six hundred(600) feet apart a fire
hydrant shall be located on adjoining property lines within the border easement.
2. Demolition permits are required for the removal of structures.
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. 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.
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.
HE Findings, Conclusions and Decision REZ-10-05 Page 10
DATED this 9th day of August, 2005
CITY HEARING EXAMINER PRO TEM
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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
fmal 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 August 9, 2005. THE APPEAL CLOSING DATE IS AUGUST 23,
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. 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-10-05 Page 11