REZ-22-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
is
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-22-05 )
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 1.12 acres of land.
2. The site is located along the north side of Mission Avenue, immediately northwest of the •
intersection of Mission Avenue and Pierce Road; in the SW 1/4 of Section 9, Township 25 North,
Range 44 East, Willamette Meridian, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45093.9027. The
residence located on the site is addressed at 11021 E. Mission Avenue, Spokane Valley.
4. The applicant is Whipple Consulting Engineers, Inc., do Todd R. Whipple, P.E., 13218 E.
Sprague Avenue, Spokane Valley, WA 99216. The site owner is B. Todd Rooks, 721 North
Pines, Spokane, Washington 99206.
5. On July 29, 2005, the applicant submitted a complete application for a zone reclassification
for the site in City Department of Community Development File No. REZ-22-05, and an
application for a preliminary short plat for the site in File No. SHP-29-05.
}
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 19, 2005, and conducted a public
hearing on the rezone application on October 20, 2005. The legal requirements for notice of
public hearing were met.
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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 Craig MacPhee
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-22-05 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 1.12 acres in size and relatively flat in topography.
The northern 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 would divide the site into five (5) lots to accommodate three
(3) single-family homes and a divided duplex. 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, and the land
lying south and east of the site to the UR-3.5 zone; and reclassified the zoning of the land lying
west, north and south of the site to the UR-7 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 the land lying east and south of the
site, in the Low Density Residential category. Such plan designated the land lying north and west
of the site in the Medium Density Residential category.
17. The County Phase I Development Regulations retained the existing zoning of the site and
neighboring land.
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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 north of the site is developed with divided duplex lots, with
the land lying further to the north consisting of Interstate 90 and associated right of way on vacant
land, and the land lying further to the east consisting primarily of single-family dwellings. A City
park, which includes typical park amenities and a commercial water park facility, lies directly east
and northeast of the site.
20. The land lying south of the site consists of single-family residences and duplexes. Vacant
City parkland is found directly southeast of the site, at the southeast corner of the intersection of
Mission Avenue and Pierce Road. Some Urban Residential-22 (UR-22) zoning and multi-family
dwellings are located along the south side of Mission Avenue, directly east of the City parkland;
and also east of the adjacent City park, north of Mission Avenue. Commercial uses and zoning
are found along State Route No. 27 (Pines Road) to the east.
21. The City Arterial Road Plan designates Mission Avenue and Bowdish Road in the area as
Urban Minor Arterials, and University Road as an Urban Principal Arterial. SR-27 (Pines Road)
is a 5-lane state highway, with center turn lane. A freeway interchange is located at SR-27 and
Interstate 90.
22. Neighboring property owners did not comment on the proposed rezone. The City Parks
Department commented that a well worn path extends through the site to the adjacent City park
and water park facility.
23. 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.
24. 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.
25. 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.
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26. 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.
27. 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.
28. 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.
29. 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 east property line 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 direct concurrency for schools or
parks for new development in the City.
32. The County Division of Utilities and Modern Electric Water Company, 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 a suitable location for a UR-7* zone, considering location of the site along an
Urban Minor Arterial, adjacent to and near existing UR-7 zoning and duplex housing, adjacent to
a City park, and near public transit; and the availability of urban services to the site
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
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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:
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.
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.
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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.
CONDITIONS OF APPROVAL
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 COUNTY PARKS AND RECREATION
1. The subject property is located immediately adjacent to Valley Mission Park and
Splashdown. There is a well worn path through the property leading through a cut/break in the
fence. Perhaps the design of the site will curtail the use of this "shortcut", but it does appear to be
a heavily used pedestrian route.
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.
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.
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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.
SPOKANE TRIBE OF INDIANS
1. 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
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
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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.
DATED this 21st day of October, 2005
CITY HEARING EXAMINER PRO TEM
Michael C. Dempsey, WSBA#8 tY
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 21, 2005. THE APPEAL CLOSING DATE IS NOVEMBER 4,
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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