REZ-21-05 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: Whipple Consulting Engineers ) AND DECISION
File No. REZ-21-05 )
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 1.79 acres of land.
2. The site is located along the south side of Sixth Avenue, 420 feet west of the intersection of
6th Avenue and Pines Road(SR Hwy 27); and in the NE 1/4 of Section 21, Township 25 North,
Range 44 East, Willamette Meridian, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45211.2304 and
45211.2305, and is addressed at 12116 East 6th Avenue and 12104 East 6th 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 is Whipple Consulting Engineers, Inc. do Todd R. Whipple, 13218 E.
Sprague Avenue, Spokane Valley, Washington 99216. The site owner is Ray Willman, 12104
East 6th Avenue, Spokane Valley, Washington 99206.
5. On July 25, 2005, the applicant submitted a complete application for a zone reclassification
to the City of Spokane Valley Department of Community Development, and a preliminary short
plat application for the site, in File No. REZ-21-05.
6. The preliminary short plat map illustrates division of the site into nine (9) lots for single-
family dwellings. The map illustrates retention of the existing residence on the site. The
preliminary short plat application is subject to reviewed administratively by the City Department
of Community Development, if the rezone application is approved.
HE Findings, Conclusions and Decision REZ-21-05 Page 1
7. On October 14, 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.
8. The Hearing Examiner conducted a site visit on November 14, 2005, and conducted a
public hearing on the rezone application on November 17, 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 Todd R. Whipple, P.E.
Spokane Valley Community Development Dept. 13218 E. Sprague Avenue
11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99216
Spokane Valley, WA 99206
Ray Willman Mark Fuchs
12104 E. 6th Avenue 12022 E. 6th Avenue
Spokane Valley, WA 99206 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-21-05 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 1.79 acres in size and relatively flat in topography. The
northwest portion of the site is improved with a single-family home that fronts along Sixth
Avenue. The property is vegetated with residential landscaping,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.
HE Findings, Conclusions and Decision REZ-21-05 Page 2
16. The County Comprehensive Plan designated the site, and nearby land to the north, east and
west, in the Low Density Residential category. The County Comprehensive Plan designated the
land lying along Pines Road in the vicinity, including the parcel of land lying directly south of the
site, in the Mixed Use category.
17. The County Comprehensive Plan designated a 2.3-acre parcel of land located northeast of
the site, and the land lying north of Fourth Avenue in the vicinity,west of the Mixed Use
category designated along Pines Road, in the High Density Residential category. The land lying
further to the north,north of Second Avenue and along Sprague Avenue, is designated in the
Regional Commercial category.
18. The County Phase I Development Regulations retained the Urban Residential-3.5 (UR-3.5)
zoning of the site, and the zoning of the other land in the vicinity.
19. 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.
20. The land lying north and south of the site is zoned UR-3.5 and developed with single-
family residences. Most of the residential lots located along the south side of Sixth Avenue, and
along the north side of Eighth Avenue, in the area are one-half(1/2) acre in size or greater.
Smaller residential lots are located northwest of the site,north of Sixth Avenue.
21. The lot located directly east of the site is zoned UR-3.5, improved with a single-family
dwelling and is owned by a church. A 1-acre parcel located between such lot and Pines Road,
zoned Urban Residential-22 (UR-22); and a 4-acre parcel located directly south of the site, zoned
UR-3.5 and Community Business (B-2), and fronting along Pines Road; are owned by the same
church and developed with a church and associated parking lot.
22. The land located along or near Pines Road in the vicinity is zoned UR-22, B-2 and
Regional Business (B-3);and is developed primarily with office uses,retail uses and some multi-
family uses. The land lying between Second Avenue and Fourth Avenue in the vicinity is zoned
UR-22 and developed with multi-family residences. Commercial uses and zoning are found
north of such area and along Sprague Avenue.
23. The City Arterial Road Plan designates Bowdish Avenue and Eighth Avenue as Urban
Minor Arterials, Fourth Avenue as an Urban Collector Arterial, and Sprague Ave Avenue as an
Urban Principal Arterial. Pines Road(SR-27) is a 5-lane state highway in the vicinity.
24. Neighboring property owners expressed opposition to the proposed rezone, based on lot
size, the recent development of housing in the vicinity under the UR-3.5 zone,potential for
increased crime, rental housing, impacts on property value, impacts on neighborhood character,
traffic impacts along Sixth Avenue, potential removal of the existing fencing along the west
HE Findings, Conclusions and Decision REZ-21-05 Page 3
property line of the site, loss of privacy,potential for building apartments on the site, and other
concerns.
25. 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.
26. 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.
27. 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.
28. 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.
29. The density(net) of the preliminary short plat is determined by dividing the number of
proposed dwelling units (9) by the difference between the gross acreage of the site (1.79 acres)
and the area of the preliminary short plat reserved for private roads (.12 acre). See definition of
"density" in Zoning Code 14.300.100.
30. The preliminary short plat has a residential density(net) of approximately 5.39 dwelling
units per acre. This complies with the maximum density(net)permitted in the UR-7* zone of
six (6) dwelling units per acre.
31. 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 generally implements these policies.
HE Findings, Conclusions and Decision REZ-21-05 Page 4
32. 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.
33. 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. This
will help buffer the increased density of housing allowed by a rezone to the UR-7* zone from the
larger lots and lower density housing located north, east and west of the site.
34. 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 under
the City Phase I Development Regulations. Traffic concurrency, and required road
improvements, would be determined by City Engineering at the time of short plat approval or
building permit. This would include frontage improvements along Bowdish Road, which
typically include the installation of additional asphalt widening, curb and sidewalk.
35. Approval of the rezone does not authorize any particular development of the site, or
approval of the preliminary short plat submitted for the site. The preliminary short plat map
indicates the existing residence would be retained on one lot, and contemplates the development
of a single-family home on each of the other lots. The applicant stated at the public hearing that
the site owner does not intend to rent the homes developed on the site, the large maple tree on the
site will be retained, and a 6-foot high arborvitae hedge would be planted as required screening
along the entire west property line.
36. 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.
37. The site is suitable for a rezone to the UR-7* zone; considering it is located adjacent to the
Mixed Use category of the Comprehensive Plan on the south, abuts church property on the east
and south, lies only 330 feet west of a major transportation and commercial corridor located
along Pines Road(SR-27), and the availability of a high level of public services to the site.
There is no competent evidence in the record that the proposal will have any significant adverse
impact on the value of neighboring single-family residences.
38. 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.
39. 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.
HE Findings, Conclusions and Decision REZ-21-05 Page 5
40. 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.
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.
HE Findings, Conclusions and Decision REZ-21-05 Page 6
Conditions of Approval
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.
2. Upon any discovery of potential or known archaeological resources at the subject property
prior to or during 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(24)hours from the time of discovery,the City of
Spokane Valley Community Development Department of said discovery.
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 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.
HE Findings, Conclusions and Decision REZ-21-05 Page 7
4. A public sewer system will be made available for the project.
5. The use of private wells and water systems is prohibited.
QWEST
1. A 10-foot dry utilities easement will be needed along all sides of interior roads.
WASHINGTON STATE DEPARTMENT OF ECOLOGY(SPOKANE OFFICE)
1. Any discharge of sediment-laden runoff or other pollutants to waters of the state is in
violation of Chapter 90.48, Water Pollution Control, and WAC 173-201A, Water Quality
Standards for Surface Waters of the State of Washington; and is subject to enforcement action.
2. Proper disposal of construction debris must be on land in such manner that debris cannot
enter the natural stormwater drainage system or cause water quality degredation of state waters.
3. Proper erosion and sediment control practices must be used on the construction site and
adjacent areas to prevent upland sediments from entering the natural stormwater drainage system.
All areas disturbed or newly created by construction activities must be revegetated; use
bioengineering techniques, use clean durable riprap, or some other equivalent type of protection
against erosion when other measures are not practical.
4. Any operation which would generate a waste discharge or have the potential to impact the
quality of state waters, must receive specific prior authorization from Department of Ecology as
provided under Chapter 90.48 RCW, Chapter 173-216 WAC, Chapter 173-220 WAC, Chapter
173-200 WAC and Chapter 173-201A WAC.
5. All dry wells and other injection wells must be registered with the Underground Injection
Control program (UIC) at Department of Ecology. Contact the UIC staff at UIC Program,
Department of Ecology, PO Box 47600, Olympia, WA 98504-7600 or(360) 407-6616 for
registration forms and further information.
6. Dry wells cannot be used for disposal of stormwater, unless a treatment device or all known
available and reasonable methods of prevention, control and treatment(AKART) is provided
prior to injection and the discharge can meet the Ground Water Standards, Chapter 173-200
WAC. Examples of AKART are grassy swales, sand filters, catch basins, and wet and dry ponds.
A coalescing plate oil/water separator or equivalent treatment must be used in high traffic areas
where gasoline or oil contamination or storm water is likely to be present. Disposal of antifreeze,
oil and other pollutants into drywells is not allowed.
7. Routine inspection and maintenance of all sediment and erosion control devices is
recommended both during and after development of the site.
HE Findings, Conclusions and Decision REZ-21-05 Page 8
8. During construction, all releases of oils,hydraulic fluids, fuels, other petroleum products,
paints, solvents, and other deleterious materials must be contained and removed in a manner that
will prevent their discharge to waters and soils of the state. The cleanup of spills should take
precedence over other work on the site.
9. Dumpsters and refuse collection containers must be leak free with close fitting covers. The
drainage for refuse containers and dumpster areas adjacent to or over the water must be
connected to the sanity sewer or otherwise designed to prevent leachate from being discharged to
surface waters.
10. On-site septic tank and drainfield systems are designed to treat and dispose of domestic
wastewater or its equivalent only. Commercial and industrial operations discharging wastes
other than domestic wastewater to on-site systems may result in ground water contamination and
could cause the facility owner or operator to incur severe liabilities.
DATED this 27th day of December, 2005
CITY HEARING EXAMINER PRO TEM
Michael . Dempsey, WSBA#.
HE Findings, Conclusions and Decision REZ-21-05 Page 9
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 December 27, 2005. THE APPEAL CLOSING DATE IS
JANUARY 10,2005.
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-21-05 Page 10