REZ-19-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for Rezone from the Urban )
Residential-3.5 (UR-3.5) Zone to the ) FINDINGS OF FACT,
Urban Residential-7* (UR-7*)Zone; ) CONCLUSIONS OF LAW,
Applicant: Whipple Consulting Engineers ) AND DECISION
File No. REZ-19-05 )
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 1.17 acres of land.
2. The site is located along the west side of Mamer Road, approximately 70 feet south of its
intersection with Mission Avenue; in the NE 1/4 of Section 15, Township 25 North, Range 44
East, Willamette Meridian, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45151.1702 and
45151.0702. The residence located on the site is addressed at N. 1505 Mamer Road, Spokane
Valley.
4. The applicant is Whipple Consulting Engineers, Inc., do Todd R. Whipple, P.E., 13218 E.
Sprague Avenue, Spokane Valley, WA 99216
5. On July 11, 2005, the applicant submitted a complete application for a zone reclassification
for the site in City Department of Community Development File No. REZ-19-05, and also
submitted an application for a preliminary short plat for the site in File No. SHP-23-05.
6. On September 16, 2005, the City Department of Community Development issued a
Determination of Nonsignificance (DNS) for the proposed rezone and preliminary short plat. The
DNS was not appealed.
7. The Hearing Examiner conducted a site visit on October 12, 2005, and conducted a public
hearing on the rezone application on October 13, 2005. The legal requirements for notice of
public hearing were met.
HE Findings, Conclusions and Decision REZ-19-05 Page 1
8. The Hearing Examiner heard the proposal pursuant to the City Hearing Examiner
Ordinance, and the City Hearing Examiner Rules of Procedure.
9. The following persons testified at the public hearing:
Karen Kendall, Assistant Planner Michele McInnis
Spokane Valley Community Development Whipple Consulting Engineers, Inc.
Department, Planning Division 13218 E. Sprague Avenue
11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99216
Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City of Spokane Valley Interim Comprehensive
Plan, Zoning Code, Subdivision Ordinance, and other applicable development regulations; City
Municipal Code; and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-19-05 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 property is approximately 1.17 acres in size and relatively flat in topography.
The south portion of the site is improved with a single-family residence and detached garage. The
property is vegetated with deciduous and evergreen trees, shrubs and grass.
13. The preliminary short plat map submitted for the site illustrates division of the site into four
(4) lots, to develop single-family and duplex dwellings at a density(net) not exceeding six(6)
dwelling units per acre. The preliminary short plat application is subject to administrative
approval by the City Department of Community Development, which approval is contingent on
approval of the current rezone application.
14. Effective January 1, 1991, Spokane County reclassified the zoning of the site 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 County 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.
16. The County Comprehensive Plan designated the site, and nearby land lying to the north,
south and east, in the Low Density Residential category. Such plan also designated nearby land
lying to the west and southwest in the Medium Density Residential category; designated the land
lying immediately north of Mission Avenue,west of Mamer Road, in the High Density Residential
category; and designated the land in the vicinity lying north of Mission Avenue, east of Mamer
Road, in the Regional Commercial category
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17. The County Phase I Development Regulations retained the UR-3.5 zoning of the site and
other nearby land designated in the Low Density Residential category of the County
Comprehensive Plan. Such regulations retained the Urban Residential-12 (UR-12) zoning of the
land lying west and southwest of the site; reclassified the zoning of the land lying north of the site,
at the northwest corner of the intersection of Mamer Road and Mission Avenue, from
the UR-3.5
zone to the Urban Residential-22 (UR-22) zone; and reclassified the zoning of several acres of
land located along the west side of Mamer Road, a short distance north of Mission Avenue, from
the Light Industrial(I-2) zone to the Regional Business (B-3) zone.
18. 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 other
development regulations, with certain revisions.
19. The land lying directly west and southwest of the site is zoned UR-12 and undeveloped,while
the land located further to the west is zoned UR-22 and developed with multi-family dwellings. The
land lying south, east and southeast of the site is zoned UR-3.5 and developed with single-family
homes on lots of various size. Further to the southeast, the land is zoned UR-22 and developed
with retirement housing or office uses. This includes several parcels rezoned to the UR-22 zone,
and/or receiving approval for a change of condition to such rezoning, between 1995 and 2005.
20. The land lying north of the site, west of Mamer Road, is zoned UR-3.5 and developed with
single-family homes, or zoned UR-22 and developed with multi-family dwellings. The land lying
north of Mission Avenue, east of Mamer Road in the vicinity, consists of undeveloped land and a
large office/warehouse use.
21. In approximately 2000, Evergreen Road was widened to five (5) lanes, a new freeway
interchange was constructed along Evergreen Road to the northeast, and Mission Avenue was
constructed over Evergreen Road. A regional mall was developed northeast of the Evergreen
Road/Interstate-90 freeway interchange over the last 10 years.
22. The City Arterial Road Plan designates Mission Avenue and McDonald Road in the area as
Urban Minor Arterials, and Evergreen Road and Broadway Avenue as Urban Principal Arterials.
The I-90/Evergreen Road freeway interchange is located a short distance north of Mission
Avenue. Interstate 90 is currently being widened in the area.
23. Neighboring property owners did not comment on the proposed rezone.
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 City Phase I Development Regulations.
HE Findings, Conclusions and Decision REZ-19-05 Page 3
.... .. ... ......
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 a single-family
dwelling in the UR-3.5 zone is 80 feet, and the minimum lot size 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 and minimum lot frontage for a
single-family residence in the UR-7 zone are, respectively, 6,000 square feet and 65 feet.
28. 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.
29. 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.
30. 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.
31. 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.
32. The City Phase I Development Regulations do not require direct concurrency for schools or
parks for new development in the City.
33. The County Division of Utilities and Vera Water and Power, 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.
HE Findings, Conclusions and Decision REZ-19-05 Page 4
34. The site abuts UR-12 zoning on the west and southwest, abuts an Urban Minor Arterial, lies
near an Urban Minor Arterial, and has convenient access to the arterial road system in the area
and Interstate 90. A large amount of UR-22 zoning and multi-family developments, along with
some commercial zoning and uses, are found within a relatively short distance from the site. The
site is served by a high level of public services, including public sewer and public transit. The
preliminary short plat submitted for the site proposes the development of single-family dwellings
on the site, which ensures compatibility with neighboring residences. The site is suitable for UR-7
zoning.
35. 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.
36. 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
Evergreen Road and Interstate 90, adoption of the City Comprehensive Plan and City Phase I
Development Regulations, and incorporation of the City of Spokane Valley.
37. 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.
HE Findings, Conclusions and Decision REZ-19-05 Page 5
7. Approval of the zone reclassification is appropriate under Chapter 14.402.020 of the City
Zoning Code, and the City Hearing Examiner Ordinance.
Based on the above findings of fact, the Hearing Examiner enters the following:
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.
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. Prior to final short plat approval or issuance of a building permit on the site,whichever
comes first, the applicant shall comply with Section 14.622.356 (Walls) of the Spokane Valley
Interim Zoning Code and construct a six(6)-foot high concrete, masonry, or decorative block
wall, solid landscaping or sight-obscuring fence on the south and east property lines. Further, the
applicant shall submit a written agreement requiring that the applicant or successors in interest
shall continuously maintain in good condition 6-foot screening that is installed. The applicant
shall, at the same time, agree that at the time of sale of any and all of the parcels created through
the short plat action, to notify in writing all buyers of the requirement to maintain the 6-foot high
screening along the portion of the property under their direct control.
SPOKANE VALLEY DEPARTMENT OF PUBLIC WORKS —ENGINEERING DIVISION .
1. A transportation concurrency determination, and the imposition of additional conditions or
mitigation, shall be deferred until the time of preliminary short plat, building permit or other land
use application.
2. 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 shall follow the 1998 Spokane County Guidelines for Stormwater
Management adopted by the City. The TESC structures (such as silt ponds, silt traps) shall be
HE Findings, Conclusions and Decision REZ-19-05 Page 6
installed prior to the start of site work. The TESC measures shall 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.
6. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
HE Findings, Conclusions and Decision REZ-19-05 Page 7
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 MIMBTU/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.
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. 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.
HE Findings, Conclusions and Decision REZ-19-05 Page 8
3. 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.
DATED this 13th day of October, 2005
CITY HEARING EXAMINER PRO TEM
41 A
Mich.el C. Dempsey, WSB•!!A 3,
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Section 10.35.150 of the City Municipal Code, 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.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on October 13, 2005. THE APPEAL CLOSING DATE IS OCTOBER 27,
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 I:
for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision REZ-19-05 Page 9