REZ-20-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a 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: Campbell Rentals, LLC ) AND DECISION
File No. REZ-20-05 )
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 1.36 acres of land.
2. The site is located directly southeast of the intersection of Ninth Avenue and Chronicle
Road; in the SW 1/4 of Section 23, Township 25 North, Range 45 EWM, Spokane County,
Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 35233.9066, and is
addressed at 4912 E. 9th Avenue, Spokane Valley. The property is legally described on the
preliminary short plat map submitted for the site on July 25, 2005.
4. The applicant and site owner is Campbell Rentals, LLC, do Lee Campbell, 4912 E. 9th
Avenue, Spokane Valley, Washington.
5. On July 25, 2005, the applicant submitted a complete application for a zone reclassification
in City Department of Community Development File No. REZ-20-05; and submitted a preliminary
short plat application for the site in File No. SHP-27-05.
6. The preliminary short plat map submitted by the applicant illustrates division of the site into
four (4) lots, for the development of three (3) duplexes and one (1) single-family dwelling; at a
density(net) not to exceed six(6) dwelling units per acre. The preliminary short plat application
will be reviewed administratively by the C ity Department of Community Development, if the
rezone application is approved.
7. On September 16, 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.
HE Findings, Conclusions and Decision REZ-20-05 Page 1
8. 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.
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:
Karen Kendall, Assistant Planner Wayne Rogers
Spokane Valley Community Development Dept. Storhaug Engineering
Planning Division 510 E. 3rd Avenue
11707 E. Sprague Avenue, Suite 106 Spokane, WA 99202
Spokane Valley, WA 99206
Lee Campbell Shirlee Akin
3105 E. Boone 926 S Willamette St
Spokane, WA 99202 Spokane Valley, WA 99212-0239
Kenneth Sutton
913 E. Willamette
Spokane Valley, WA 99212
11. 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.
12. The record includes the documents in File No. REZ-20-05 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 1.36 acres in size and is relatively flat in topography. The
property is currently improved with a house and two (2) detached structures. The detached
structures would be removed for site development, and the existing residence remodeled into a
duplex. The site is vegetated with deciduous and evergreen 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. In 1995, the County rezoned the large parcel located a
short distance south of the site, at the northwest corner of the intersection of 14th Avenue and
Carnahan Road, to the UR-3.5 zone. See File No. ZE-15-95.
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 Comprehensive Plan designated the site and
HE Findings, Conclusions and Decision REZ-20-05 Page 2
neighboring land in the Low Density Residential category; except for the land lying east of
Carnahan Road, south of Eighth Avenue, which was designated in the Medium Density
Residential category
16. The County Phase I Development Regulations designated the site and area in the UGA, and
retained the UR-3.5 zoning of the site and neighboring land to the north, east and north. Such
regulations reclassified the zoning of the land lying directly southwest of the site, and a large
amount of land lying between such land and Havana Street to the west, south of Eighth Avenue,
from the Mining (MZ) zone to the UR-7* zone. Such regulations also reclassified the land
located east of Carnahan Road in the vicinity, south of Eighth Avenue, from the MZ zone to the
UR-7 zone.
17. On March 31, 2003, the City was incorporated. 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.
18. The land in the area lying between Havana Street and Carnahan Road, north of 16th Avenue,
including the current site; and the land in the area lying east of Carnahan Road, north of 19th
Avenue extended east; is located in the City. The land lying south of such incorporated property
is located in the unincorporated area of Spokane County,while the land lying west of Havana
Street in the area is located in the City of Spokane.
19. The acreage lying south, southeast and southwest of the site is proposed for a preliminary
plat and is undeveloped, except for a residence located on the parcel lying directly south of the
site. The other land neighboring the site is developed with single-family residences; except for
mining operations located on land lying further to the west, and the land lying east of Carnahan
Road to the east, on land previously zoned MZ. The mining operation to the west includes an
asphalt plant.
20. The City Arterial Road Plan designates Carnahan Road and Eighth Avenue in the area as
Urban Minor Arterials, and 15th Avenue to the east as an Urban Collector Arterial.
21. Neighboring property owners to the west expressed concern regarding the removal of trees
along the west border of the site, the potential extension of Chronicle Road south into the site,
and the extension of Willamette Road to the south for the preliminary subdivision proposed
southerly of the site.
22. 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.
23. 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
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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.
24. 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.
25. 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 the minimum frontage for a
single-family residence in the UR-7 zone are, respectively, 6,000 square feet for a single-family
dwelling and 65 feet.
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.
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. Such
requirement is applicable along the east, west and south boundaries of the site.
29. The applicant indicated that internal access into the site would be provided by a driveway,
Chronicle Road would not be extended to the south, the trees along the west boundary of the site
would be preserved and incorporated into the required screening along the west boundary of the
site, and the current proposal is unrelated to the development proposed southerly of the site.
30. 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.
31. The City Phase I Development Regulations do not require that direct concurrency for
schools or parks be established for new development in the City.
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32. The site lies in the public sewer service area of the City of Spokane. The City of Spokane,
and Camhope Irrigation District No. 7, 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.
33. The site is suitable for a rezone to the UR-7* zone; considering the proximity of the site to
the arterial road system along Carnahan Road and Eighth Avenue, the UR-7* zoning abutting the
site on the southwest and continuing to the west, nearby mining uses, additional UR-7* zoning in
the vicinity, the availability of a high level of public services to the site, and location of site in a
developing housing area.
34. 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.
35. 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, adoption of the City
Comprehensive Plan and City Phase I Development Regulations, and incorporation of the City of
Spokane Valley.
36. 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.
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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.
CONDITIONS OF APPROVAL
CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT-
CURRENT PLANNING
1. Prior to final short plat approval, 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 site-obscuring fence on the south, east and west
property lines. Further, the applicant shall submit a written agreement requiring that the applicant
or successors in interest shall continuously maintain in good condition the six(6) foot high
concrete, masonry, or decorative block wall, solid landscaping or site-obscuring fence. Further,
the applicant shall submit a written agreement agreeing 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.
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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 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.
3. The Spokane Tribe of Indians recommended that an archeological survey and subsurface
testing be conducted at all construction and staging areas, to determine whether cultural or
historical resources are located on the site. See letter dated September 20, 2005. Upon any
discovery of potential or known archaeological resources at the site prior to or during 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 fours from the time of discovery, the City of Spokane Valley Community Development
Department of said discovery.
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.
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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 City of Spokane Public Works
Department.
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. In the event of demolition of existing structure(s), proper disposal of solid waste, including
demolition waste, should be ensured. The applicant is encouraged 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 solid waste 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.
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DATED this 13th day of October, 2005
CITY HEARING EXAMINER PRO TEM
Mic ael C. Dempsey, WSBA#8(5
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 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
for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision REZ-20-05 Page 9