REZ-18-05 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: Barry Lubeck ) AND DECISION
File No. REZ-18-05 )
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 .38 acres of land.
2. The site is located at the northwest corner of the intersection of 16th Avenue and Bowdish
Road; in the SE 1/4 of Section 21, Township 25 North, Range 44 EWM, Spokane County, WA.
3. The site is currently referenced as County Assessor's tax parcel no. 45213.9111, and is
addressed at 1518 South Bowdish Road, Spokane Valley. The property is legally described on
the preliminary short plat map submitted for the site on July 8, 2005.
4. The applicant is Barry Lubeck, P.O. Box 1740, Medical Lake, Washington 99022. The site
owners are Barry and Melanie Lubeck, at the same address.
5. On June 30, 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-18-05.
On July 8, 2005, the applicant submitted a preliminary short plat application for the site.
6. The preliminary short plat map submitted by the applicant illustrates division of the site into
two (2) lots for single-family dwellings. The easterly lot would accommodate the existing
residence on the site. The preliminary short plat 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 Determination
of Nonsignificance (DNS) for the proposed rezone and short plat applications. The DNS was not
appealed.
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8. The Hearing Examiner conducted a site visit on October 5, 2005, and conducted a public
hearing on the rezone application on October 6, 2005. The legal 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
Spokane Valley Community Development Dept.
Planning Division
11707 E. Sprague Avenue, Suite 106
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-18-05 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 .38 acres in size and relatively flat in topography. The east half of
the site is improved with a single-family home that fronts along Bowdish Avenue. 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
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.
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17. The land bordering the site is zoned UR-3.5 and dominated by single-family residences, on
mostly urban sized lots. Some duplexes are also found in the vicinity. UR-7 zoning is found a
few blocks to the north and to the east. A cemetery, fire station and commercial uses and zoning,
are found along Pines Road, a state highway(SR-27), to the east; at and north of the intersection
of Pines Road and 16th Avenue. An intensive commercial corridor is located along Sprague
Avenue in the area, approximately one (1) mile north of the site.
1`9. The City Arterial Road Plan designates 16th Avenue as an Urban Principal Arterial and
Bowdish Avenue as an Urban Minor Arterial.
20. Neighboring property owners did not comment on the proposed rezone.
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 a single-family
dwelling in the UR-3.5 zone is 80 feet, and the minimum lot size 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 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. The minimum frontage in the UR-7 zone is 65 feet for a single-
family dwelling.
25. The preliminary short plat has a residential density(net) of approximately 5.26 dwelling
units per acre, which complies with the maximum density(net) permitted in the UR-7* zone of six
(6) dwelling units per acre.
26. 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.
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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.
27. 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.
28. 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.
29. 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.
30. The City Phase I Development Regulations do not require that direct concurrency for
schools or parks be established for new development in the City.
31. The County Division of Utilities and Model Irrigation District No. 18, respectively, certified
the availability of public sewer and water for the rezone and proposed short plat. The proposed
rezone complies with the public sewer and water concurrency requirements of the City Phase I
Development Regulations.
32. The site is suitable for a rezone to the UR-7* zone, considering it is located on a corner lot,
has good access to neighboring arterial streets, lies approximately one-half(1/2) mile west of
Pines Road(SR-27), the availability of a high level of public services to the site, and location of
site in a developed housing area.
33. 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.
34. 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, road improvements along
16th Avenue, adoption of the City Comprehensive Plan and City Phase I Development
Regulations, and incorporation of the City of Spokane Valley.
35. The Examiner has not imposed conditions of approval on the rezone proposal that apply
only to the preliminary short plat application.
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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 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. The applicant, including the owners and developers of the property, and their heirs,
successors and assigns, shall comply with the conditions of approval set forth in this decision.
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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.
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
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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. A public sewer system will be made available for the project.
5. The use of private wells and water systems is prohibited.
DATED this 7th day of October, 2005
CITY HEARING EXAMINER PRO TEM
•
Mi ael C. Dempsey, WSBA#8W
BE Findings, Conclusions and Decision REZ-18-05 Page 7
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 October 7, 2005. THE APPEAL CLOSING DATE IS OCTOBER 21,
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.
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