REZ-12-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for Zone Reclassification )
the Urban Residential-3.5 (UR-3.5) Zone ) FINDINGS OF FACT,
to the Urban Residential-7* (UR-7*)Zone; ) CONCLUSIONS OF LAW,
Applicant: Highmark Development LLC ) AND DECISION
File No. REZ-12-05 )
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 1.54 acres of land.
2. The site is located south of and adjacent to Boone Avenue, 150 feet east of the intersection
of Perrine Road and Boone Avenue, in the NE 1/4 of Section 16, Township 25 North, Range 44
East, Willamette Meridian, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45161.0796; and was
previously referenced as part of parcel nos. 45161.0770 and 45161.0769, per BLA-13-05. The
site is legally described on the site plan("Exhibit Map") dated March of 2005 for the rezone
application.
4. The applicant and site owner is Highmark Development LLC, do Kevin McNett, P.O. Box
853, Liberty Lake, Washington 99019.
5. On April 7, 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-12-05.
The applicant also submitted a preliminary short plat application to divide the site into nine (9)
lots for single-family dwellings, which application would be reviewed administratively if the
rezone application is approved.
6. On May 20, 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 June 14, 2005, and conducted a public
hearing on June 16, 2005. The requirements for notice of public hearing were met.
HE Findings, Conclusions and Decision REZ-12-05 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 Kevin McNett
Spokane Valley Community Development 11 N. Garry Drive
Department, Planning Division Liberty Lake, WA 99019
11707 E. Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
Jim Renggli Joe Stoy
1018 N. Perrine Road 1104 N. Perrine Road
Spokane Valley, WA 99206-4929 Spokane Valley, WA 99206
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-12-05 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 subject lot is approximatelyl.54 acres in size, and relatively flat in topography. The
property is vegetated with evergreen trees and grass. The site plan of record illustrates the
existing conditions on the site and the location of an existing residence on a parcel located directly
west of the site, which the site was originally part of.
13. 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.
14. 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 vicinity.
15. The County Comprehensive Plan designates the site and nearby land in the Low Density
Residential category; designates the land lying 160 feet east of the site, and the land lying 200 feet
south and southeast of the site, in the High Density Residential category; and designates the land
located along Pines Road(State Route No. 27) east of the site in the Mixed Use category.
HE Findings, Conclusions and Decision REZ-12-05 Page 2
16. 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.
17. The land bordering the site is zoned UR-3.5 and is developed with single-family residences.
Several parcels zoned UR-22 zones, and developed with multi-family dwellings or retirement
housing, are located further to the north, east and south. Commercial retail uses and offices are
found along Pines Road(SR-27) to the east, on land zoned Regional Business (B-3), Community
Business (B-2), Neighborhood Business (B-l) and UR-22. Some UR-7 zones are located along
Broadway Avenue to the south.
18. 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) is a state highway improved to five(5) lanes in the
area, including center turn lane. 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).
19. Several owners of neighboring single-family properties expressed opposition to the
proposed rezone in the form of a petition, letters or testimony at the public hearing. This included
concerns over objected to the proposed rezone based on housing density, proximity of proposed
houses to neighboring lots, establishment of a precedent for further rezoning and division of land
into small lots for single-family homes, impacts on property values, loss of privacy, location of
road in preliminary short plat, and other concerns.
20. 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.
21. 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.
22. 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.
HE Findings, Conclusions and Decision REZ-12-05 Page 3
23. 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, 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.
24. The proposed short plat is not before the Hearing Examiner. 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.
25. 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.
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.
26. 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.
27. 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 south, east and west property lines of the site; and help buffer
the site and future development on the site from adjacent development.
28. 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. 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.
29. The County Division of Utilities and Modern Electric Water Company, respectively,
certified the availability of public sewer, and the availability of public water to the site. 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.
30. The site is suitable for a rezone to the UR-7* zone, considering it is located only 800 feet
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; location of site in a developed housing
HE Findings, Conclusions and Decision REZ-12-05 Page 4
area; and the nearness of the site to higher density housing and UR-22 zoning. The Examiner has
no authority to review the design of the proposed short plat for the site.
31. Under Washington case law, a proposed rezone that implements the comprehensive plan of
a local government does not have to be supported by a showing of a substantial change of
conditions in the area since the site was last zoned. The current rezone application conforms to
the Comprehensive Plan. However, 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, increased commercial development and traffic along Pines Road(SR-27), and
incorporation of the City of Spokane Valley.
32. 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.
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.
fi
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.
HE Findings, Conclusions and Decision REZ-12-05 Page 5
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.
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. The applicant shall comply with the screening requirements set forth in Section 14.618.365
(Walls) of the Spokane Valley Interim Zoning Code.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION
1. Additional conditions and mitigations are deferred to review of any land use or commercial
application.
2. Transportation concurrency will be determined at the time of land use or commercial land
use application.
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 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.
HE Findings, Conclusions and Decision REZ-12-05 Page 6
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
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. The use of private wells and water systems is prohibited.
HE Findings, Conclusions and Decision REZ-12-05 Page 7
DATED this 10th day of August, 2005
CITY HEARING EXAMINER PRO TEM
4
Michael C. Dempsey, WSBA#8235
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 August 10, 2005. THE APPEAL CLOSING DATE IS AUGUST 241
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-12-05 Page 8