REZ-25-04_SUB-16-04_PUD-06-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for Zone Reclassification from the )
UR-3.5 Zone to the UR-7* Zone, Preliminary )
Plat of Belleville Estates, and Planned Unit ) FINDINGS OF FACT,
Development (PUD) Overlay Zone; ) CONCLUSIONS OF LAW,
Applicant: Whipple Consulting Engineers, Inc. ) AND DECISION
File No. REZ-25-04/SUB-16-04/PUD-06-04 )
I. SUMMARY OF DECISION
Hearing Matter: Applications for a rezone,preliminary plat and PUD Overlay zone.
Summary of Decision: (1) Deny preliminary plat and PUD Overlay zone applications, because
the PUD does not have direct access onto a designated Urban Principal, Minor or Collector
Arterial as required by the PUD Overlay zone. (2)Approve application for a rezone to the UR-
7* zone, subject to conditions of approval.
II. FINDINGS OF FACT
1. The above-referenced applications request approval of a zone reclassification of 4.6 acres
of land from the Urban Residential-3.5 (UR-3.5) zone to the Urban Residential-7* (UR-7*) zone;
the preliminary plat of Belleville Estates, to divide such acreage into twenty-one (21) lots for
single-family dwellings and two (2) common open space tracts; and a Planned Unit Development
(PUD) Overlay zone for such acreage.
2. The site is located along the south side of Fourth Avenue, approximately 320 feet west of
the intersection of Fourth Avenue and Barker Road; in the NE 1/4 of Section 19, Township 25
North, Range 45 EWM, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 55191.0602, and is
addressed at 18506 E. Fourth Avenue, Spokane Valley, WA. The site is legally described on the
preliminary plat map of record.
4. The applicant for the proposal is Whipple Consulting Engineers, Inc., d o Todd Whipple,
13218 E. Sprague Avenue, Spokane Valley, WA 99216. The site owner is Dennis Crapo, 15321
E. Mission Avenue; Spokane Valley, WA 99037.
5. On November 24, 2004, the applicant submitted complete applications for a preliminary
plat, zone reclassification and PUD Overlay zone in the above-referenced file. On January 11,
2005, the applicant submitted a revised preliminary plat map/PUD site development plan, which
is considered the preliminary plat map/PUD site development plan of record.
HE Findings, Conclusions and Decision REZ-25-04/SUB-16-041PUD-06-04 Page 1
6. On February 18, 2005, the Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not appealed.
7. The Hearing Examiner held a public hearing on the proposal on March 17, 2005. The
notice requirements for the public hearing were met. The Examiner conducted a site visit on
March 14, 2005.
8. The Examiner heard the proposal pursuant to City Ordinance No. 03-057, as amended by
City Ordinance Nos. 03-081 and 04-012; and the City Hearing Examiner Rules of Procedure.
9. The following persons testified at the public hearing:
Micki Harnois Sandra Raskell
Associate Planner Assistant Development Engineer
City of Spokane Valley City of Spokane Valley
11707 E Sprague Avenue Suite 106 11707 E Sprague Ave Suite 106
Spokane Valley, WA 99206-6110 Spokane Valley, WA 99206-6124
Todd Whipple Dennis Crapo
Whipple Consulting Engineers Diamond Rock Construction
13218 E. Sprague Avenue 15321 E Mission Ave
Spokane Valley, WA 99216 Spokane Valley, WA 99037-9552
Tom Tabbert Kathy Tabbert
18505 E. 4th Avenue 18505 E. 4th Avenue
Spokane Valley, WA 99016 Spokane Valley, WA 99016
David Hohn Paul Schultz
305 S. Greenacres Road 182211 E. 4th Avenue
Spokane Valley, WA 99016 Spokane Valley, WA 99016
Pat Maher Deanna Bolick
508 S. Barker Road PO Box 455
Spokane Valley, WA 99016 Spokane Valley, WA 99016
Stephen R. Hormel Jim Red
516 S. Barker Road Spokane County Utilities
Spokane Valley, WA 99016 1026 W. Broadway Avenue
Spokane, WA 99260
10. The Hearing Examiner takes notice of the City Comprehensive Plan, Capital Facilities
Plan, Zoning Code, Subdivision Ordinance, 2001 Standards for Road and Sewer Construction
("City Road Standards") and Guidelines for Stonnwater Management; other applicable
development regulations; and prior land use decisions in the area.
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11. The record includes the documents in the project file 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 site is 4.6 acres in size and is relatively flat in topography, with a gentle downward
slope from the southeast to the northwest. The property is currently improved with a single-
family residence, which fronts along Fourth Avenue, and two associated detached sheds. The
remainder of the site is undeveloped and covered with deciduous trees, shrubs and grasses.
13. The preliminary plat map/PUD site development plan of record("plat rnap/PUD site plan")
illustrate division of the site into 21 single-family lots, and two (2) common open space tracts.
Such lots range from 5,059 square feet to 7,266 square feet in size; except for a 20,618 square
foot lot fronting along Fourth Avenue that is improved with a single-family residence. The
average lot size in the preliminary plat is 8,181 square feet.
14. The plat map/PUD site plan show common open space Tract A to be .54 acres in size and
including a future play area. The play area may consist of a playground, sandbox or half court for
basketball. See letter from applicant to City dated 11-24-05. Common open space Tract B is
1,584 square feet in size, abuts Fourth Avenue, includes a drainage swale area, and would be
used primarily for drainage. Tracts A and B would be each landscaped with deciduous trees and
grass.
15. The plat map/PUD site plan illustrate drainage swales on each single-family lot, located
between the street and the front yard setback line. The existing residence on the site would be
retained, but the existing sheds would be removed for site development.
16. The plat map/PUD site plan illustrate internal access via a public road system that would
connect to Fourth Avenue on the north, and terminate in a cul-de-sac at the south boundary of the
site. The plat map/PUD site plan show the facade, front elevation and floor plan for a typical
dwelling unit in the proposal; which unit appears to be 1.5 to two (2) stories, and includes a 2-car
garage. The maximum building height in the project is stated at 35 feet.
17. Effective January 1, 1991, Spokane County reclassified the zoning of the site and
neighboring properties to the Urban Residential-3.5 (UR-3.5) zone; pursuant to the Program to
Implement the Spokane County Zoning Code. See County Resolution No. 85-0900.
18. Effective January 15, 2002, Spokane County implemented a new County Comprehensive
Plan, Capital Facilities Plan, Urban Growth Area(UGA)boundaries and County Phase I
Development Regulations; pursuant to the State Growth Management Act. See County
Resolution Nos. 2-0037 and 2-0470. The site and area are designated in the UGA.
19. The County Comprehensive Plan designated the site and the land in the area lying south of
Sprague Avenue in the Low Density Residential category; and designated the land lying north of
Sprague Avenue in the vicinity, between Barker Road and Moen Street, in the Medium Density
HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04/PUD-06-04 Page 3
Residential category. The County Comprehensive Plan designated the land lying further to the
north and northwest in the Mixed Use category.
20. The County Phase I Development Regulations retained the UR-3.5 zoning of the site and
neighboring land; retained the UR-7 zoning of the duplex lots located to the northwest along
Moen Street, between Second and Sprague Avenues; and retained the UR-7 zoning of the single-
family homes located one-fourth (1/4) mile north of the site, along the north side of Sprague
Avenue between Barker Road and Moen Street.
21. On March 31, 2003, the City adopted by reference the County's comprehensive plan,
capital facilities plan, subdivision ordinance, zoning code, official zoning maps and other
development regulations, with certain minor variations. Such action retained the zoning and
comprehensive plan land use designations for the site and neighboring land established by the
County.
22. The land located near the site generally consists of single-family dwellings on lots ranging
from 10,000 square feet to five (5) acres in size, and zoned UR-3.5. Some nonconforming
animal keeping takes occurs on the acreage lots in the vicinity. Duplex lots are found on land
zoned UR-7, located less than one-fourth (1/4) mile northwest of the site, along Moen Street
between Second and Sprague Avenues. Greenacres Elementary School is located approximately
one-fourth (1/4) mile west of the site, at the northeast corner of the intersection of Long Road
and Fourth Avenue.
23. In 2001, the County approved the preliminary plat of Longview Place PUD, to subdivide
3.31 acres of land lying less than one-third (1/3)mile southwest of the site, at the northeast
corner of Long Road and Eighth Avenue, in the UR-3.5, into 15 lots for single-family dwellings
and common open space; along with a PUD Overlay zone with bonus density. Such project has
been finally platted and developed. The average lot size in the final plat/PUD is approximately
7,318 square feet. The density(net) of the final plat/PUD is 5.17 dwelling units per acre. See
decision in File No. PE-1888-01/PURE-6-01.
24. In 2003, the City of Spokane Valley approved the preliminary plat of Asher Place, to
subdivide 4.85 acres of land located one-fourth (1/4) mile southeast of the site, along the north
side of Eighth Avenue and approximately 950 feet east of Barker Road, into 17 lots for single-
family dwellings; and a zone reclassification from the UR-3.5 zone to the UR-7* zone. The
density(net) of the preliminary plat, which has been finalized and is under development, is 3.9
dwelling units per acre. See decision in File No. PE-1917-03.
25. In 2004, the City of Spokane Valley approved the preliminary plat of Corbin Estates, to
divide 6.96 acres of land located over one-fourth(1/4) mile northwest of the site, along the east
side of Long Road and between Greenacres Elementary School and Sprague Avenue, into 33 lots
for single-family dwellings, two (2) divided duplex lots, and common open space tracts; a rezone
of such acreage from the UR-3.5 zone to the UR-7* zone; and a PUD Overlay zone. The average
size of the single-family lots in the preliminary plat is approximately 7,178 square feet, and the
HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04/PUD-06-04 Page 4
density(net) of the preliminary plat is 5.51 dwelling units per acre. See decision in File No.
REZ-04-04/SUB-03-04/PUD-02-04.
26. The City Arterial Road Plan designates Sprague Avenue, west of Barker Road, and Barker
Road in the vicinity as Urban Minor Arterials; designates Sprague Avenue, east of Barker Road,
as a Urban Collector Arterial; and designates Appleway Avenue to the north as an Urban
Principal Arterial. Fourth Avenue and the other roads in the vicinity are considered Urban Local
Access roads.
27. Long Road, located over one-third (1/3)mile west of the site, is improved with sidewalk
and curb between Fourth Avenue and Second Avenue, has a paved pedestrian pathway on the
west side of the road south of Fourth Avenue, and has curb and sidewalk along its east side
between Eighth and Sixth Avenue. Fourth Avenue has sidewalk and curb adjacent to Greenacres
Elementary School. Barker Road has a paved pedestrian path along the west side of the road in
the vicinity. See decisions in File No.REZ-04-04/SUB-03-04/PUD-02-04 and PE-1888-01.
28. Several owners of property located along Fourth Avenue, Barker Road or Greenacres Road,
to the east and west, expressed opposition to the proposal; based on concerns such as small lot
sizes, excessive housing density, impacts on property values, increased traffic along Fourth
Avenue and Barker Road, traffic safety for pedestrians and students along Fourth Avenue,
premature extension of public sewer to the area, impacts on large animal keeping and grazing
rights, impacts on school capacity, loss of privacy, incompatibility of housing with neighboring
acreage properties, insufficient storage and parking in proposal, lack of recreational opportunities
for children in the proposal, impacts on fire and police protection, and other concerns.
29. Effective August 25, 2004 and November 24, 2004, the City amended the dimensional
standards in the residential zones of the Zoning Code, both inside and outside a PUD Overlay
zone. Effective November 24, 2004, the City amended the provisions of the PUD Overlay zone.
See City Ordinance Nos. 04-033 and 04-046.
30. The current applications, which were submitted as complete on November 24, 2004, are
subject to all revisions to the City Zoning Code that were adopted by City Ordinance Nos. 04-033
and 04-046. See Section 13.300.110 of City"Application Review Procedures for Project
Permits", adopted by City pursuant to City Ordinance No. 03-060; and RCW 58.17.033.
31. The City Phase I Development Regulations require all zone reclassifications to be
consistent with the implementing zone(s) specified in such regulations for the Comprehensive
Plan designation that applies to the particular property. The UR-3.5 and UR-7* zones are the
implementing zones for the Low Density Residential category of the Comprehensive Plan that
applies to the site.
32. 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.
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33. The UR-3.5 zone permits a maximum residential density of 4.35 dwelling units per acres,
with bonus densities being authorized through the approval of a PUD Overlay zone. The
minimum frontage and the minimum lot size for a single-family dwelling in the UR-3.5 zone are,
respectively, 80 feet and 10,000 square feet.
34. The UR-7 zone is intended to add to the variety of housing types and densities in urban
areas, 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.
35. The City Phase I Development Regulations limit new residential development on land
designated in the Low Density Residential category, and rezoned to the UR-7, to a maximum
density of six (6) dwelling units per acre. The designation"UR-7*" is given to such zoning by
the City. The UR-7 zone otherwise permits a density of seven(7) dwelling units per acre. The
minimum frontage and the minimum lot area for a single-family dwelling in the UR-7 zone are,
respectively, 65 feet and 6,000 square feet.
36. Within a PUD Overlay zone, the minimum frontage for residential dwelling units may be
reduced to 30 feet, and the minimum lot size may be reduced to 1,600 square feet, in both the
UR-3.5 zone and the UR-7 zone. Within a PUD Overlay zone, the maximum building coverage
in the UR-3.5 zone is increased from 50%to 55%; and the maximum building coverage in the
UR-7 zone is increased from 55%to 60%.
37. The minimum front yard setback, garage setback, rear yard setback, side yard setback and
flanking street yard setback for a single-family dwelling in both the UR-3.5 zone and UR-7 zone
are, respectively, 15 feet, 20 feet, 20 feet, five (5) feet and 15 feet; with certain exceptions. Such
setbacks are the same in a PUD Overlay zone, except that the minimum rear yard setback is
reduced to 15 feet, and the minimum flanking street yard setback is reduced to 10 feet.
38. The maximum building height in the UR-3.5 zone and UR-7 zone is, respectively, 35 feet
and 2.5 stories, both within and outside of a PUD Overlay zone.
39. The purpose of a PUD Overlay zone is to establish a process to foster creative, efficient and
comprehensive design of site development. The PUD Overlay zone provides regulations
intended to provide flexibility in site design and offer incentives, in order to encourage
innovative design and creation of permanent open space; encourage the preservation of natural
features, wildlife habitat and critical areas; facilitate the development of mixed use development;
encourage the development of street, pedestrian and bicycle paths that contribute to a system of
fully connected routes; facilitate the economical and adequate provision of public services;
provide for diverse and convenient recreational opportunities; and/or provide a variety of
environments for living, working and recreation. See Zoning Code 4.08.19.01.
40. The PUD process entails a preliminary and a final phase,which respectively follow the
process of preliminary and final plat approval. The preliminary phase examines the preliminary
HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04IPUD-06-04 Page 6
PUD site development plan submitted by an applicant for compliance with the requirements of
the PUD Overlay zone. If approved by the Hearing Examiner, the PUD is a binding plan that
defines the concept of development and uses to be allowed. The Hearing Examiner may require
modifications to a PUD Overlay zone application to ensure that the purpose and intent of the
zone is accomplished.
41. The preliminary PUD site development plan must contain such features as the general
location of all proposed improvements, setbacks, location of pedestrian and bicycle circulation
systems, common open spaces showing size and functions upon completion, a description of the
method of ownership and responsibility for maintenance of all common open space and private
streets, the location and dimensions of off-street parking facilities, a tabulation of densities in
each phase of the PUD, the natural features to be retained, and the critical areas on the property.
42. The PUD Overlay zone requires more detailed information in the final PUD site plan than
in the preliminary PUD site plan; including approved road plans and drainage plans, typical
building footprints, the percentage of building coverage in the PUD, and a schematic landscaping
plan. The City Planning Division may approve a final PUD site plan administratively if all
standards, requirements and conditions of preliminary approval are met. See Zoning Code
4.08.19.02.
43. The PUD Overlay zone requires creation of a homeowner's association in a residential
PUD; to manage and maintain private streets, common areas, and other improvements not solely
owned by individual lot owners. This includes drainage facilities located in common open space,
which must be designed in accordance with the City's adopted stormwater management
standards. See Zoning Code 4.08.19.15.1.e.
44. The PUD Overlay zone requires that a minimum of 10% of the total area of the PUD be
designated and maintained as common open space. Required landscape areas and stormwater
facilities in common open space cannot be used in the calculation of the percentage of open
space. See Zoning Code 4.08.19.16.1.
45. The PUD Overlay zone states that land dedicated for open space should either be useable
for greenbelts that serve as a buffer between land uses, using existing vegetation and new plant
materials; active or passive recreational activities; or for protecting environmentally sensitive
areas or critical areas. Unusable open space includes the design of areas that do not meet the
intent and purpose of the PUD Overlay zone, such as open space areas that are not accessible to
residents of the development, do not function for active/passive recreation, or do not conserve
wildlife habitat or other natural features. See Zoning Code 4.08.19.16.2.
46. The PUD Overlay zone requires that all roads in the PUD meet or exceed the current
design and construction standards for public roads adopted by the City. Energy efficient
streetlights must be located at the entrance of the development and at each intersection.
47. The PUD Overlay zone requires that pedestrian circulation facilities, consisting of hard-
surface sidewalks or pathways at least five (5) feet wide,be provided on both sides of the street
HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04/PUD-06-04 Page 7
in a residential PUD; be functionally and safely convenient to each dwelling unit served; and be
functionally and safely convenient to schools and industrial, commercial, recreational and utility
areas within or adjacent to the PUD. See Zoning Code 4.08.19.15.
48. The PUD Overlay zone, in Section 4.08.19.15.1.c of the City Zoning Code, provides as
follows:
"No proposed street shall impede the current or future development of any
arterial or collector identified on the Arterial Road Plan. All PUDs shall have
direct access to a designated collector or arterial." [Emphasis added].
49. The City Comprehensive Plan distinguishes between Urban Arterials (Principal, Minor and
Collector) designated on the City Arterial Road Plan and Urban Local Access Roads. See
Comprehensive Plan, Chapter 5 (Transportation). The City Road Standards distinguish between
Urban Principal Arterial Streets, Urban Minor Arterial Streets, Urban Collector Streets, and
Urban Local Access Roads. Seep. 1-9 and 1-10
50. The site fronts along and directly accesses Fourth Avenue. The City Arterial Road Plan
does not designate Fourth Avenue as an Urban Principal Arterial, Urban Minor Arterial or Urban
Collector Arterial. See Arterial Road Plan map in Chapter 5 (Transportation) of the City
Comprehensive Plan. Fourth Avenue is therefore considered an"Urban Local Access" road.
51. The current preliminary plat and PUD Overlay zone applications cannot be approved,
because the proposed PUD does not have direct access to a"...designated collector or arterial.",
within the meaning of Section 4.08.19.15.1.c of the City Zoning Code. The nearest arterial or
collector to the site is Barker Road, an Urban Minor Arterial that is located approximately 320
feet east of the site.
52. The Examiner may still consider approval of the proposed rezone of the site to the UR-7*
zone, without a site plan, if the preliminary plat and PUD are denied.
53. Common open space Tract B, consisting of 1,584 square feet, cannot be used to calculate
the 10% minimum of common open space required in a PUD by the PUD Overlay zone, since it
will be used primarily for drainage swale purposes. However, common open space Tract A,
consisting of.54 plus acres, represents 11.8% of the gross area of the site and meets the purpose
of common open space stated in Section 4.08.19.16.1 of the PUD Overlay zone; and provides
compliance with the 10% open space requirement.
54. The plat map/PUD site plan illustrate five (5) feet of Type III landscaping along Fourth
Avenue. This was based on past interpretations by the City Planning Division and the Hearing
Examiner that the requirement in Zoning Code 14.806.040.2.a for the installation of 20 feet of
Type HI (see-through buffer) landscaping along the frontage of a public road in all new
developments located in the "...multiple family residential zones (UR-7, UR-12 and UR-22)..."
zone was intended to apply only to multi-family development, and not to single-family and
HE Findings, Conclusions and Decision REZ-25-041SUB-16-04/PUD-06-04 Page 8
duplex development; and that installation of five(5) feet of Type III landscaping was adequate
for single-family and duplex developments. See p. 14 of Staff Report.
55. More recently, City Planning Division staff and the Examiner have found that there is no
basis for requiring the installation of five (5) feet of Type HI landscaping along the public road
frontage of new single-family lots or duplex lots in the UR-7 zone, based on the interpretation
that the landscaping requirement of Zoning Code 14.806.040.2.a applies only to multi-family
housing.
56. 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
types. Policy UL.8.1 recommends that mixed-income development be provided for in residential
areas.
57. Policy T.3e.1 of the Comprehensive Plan recommends that the City transportation network
provide safe and convenient bicycle and walking access between housing, recreation, shopping,
schools, community facilities and mass transit access points; and that obstructions and conflicts
with pedestrian and bicycle movement be minimized. Policies T.3e.8,UL.2.22 and UL.3.2.h
recommend the development of street,pedestrian path and bike path standards in PUDs and other
residential developments that contribute to a system of fully connected routes.
58. The Comprehensive Plan encourages new developments to be arranged in a pattern of
connecting streets and blocks, to allow people to get around easily by foot, bicycle, bus or car.
The Plan recognizes that cul-de-sacs or other closed street systems may be appropriate under
certain circumstances, including, but not limited to, topography and other physical limitations
which make connecting systems impractical. See Policy UL.2.20.
59. Policy T.2.2 recommends that transportation improvements needed to serve new
development be in place at the time new development impacts occur, or that a financial
commitment, consistent with the City's Capital Facilities Plan,be made to complete the
improvement within six (6) years. Policy T.4a.2 recommends that the capacity of existing roads
be maximized to minimize the need for new or expanded roads, through the use of signalization,
improved signage and other means.
60. Policy UL.2.14 of the Comprehensive Plan recommends that separated sidewalks be
required on public roads in all new residential subdivisions.
61. Guidelines set forth in the City 2001 Standards for Road and Sewer Construction("City
Road Standards") recommend the provision of adequate vehicular and pedestrian access to all
parcels of land, minimizing through traffic movements and excessive speeds on local access
streets, logical street patterns, minimizing vehicular and pedestrian-vehicular conflict points,
considering traffic generators in designing a street system in a proposed development, and
considering bordering arterial routes.
HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04/PUD-06-04 Page 9
62. The trip distribution letter submitted by the applicant's consulting traffic engineer for the
original version of the preliminary plat/PUD for 22 lots suggests that development of the site for
residential housing under the UR-7* zone would not have any significant adverse impacts on the
transportation system in the area. The mitigation of traffic impacts would be addressed at such
time as a new application is submitted for a specific development on the site.
63. The applicant would be required to install curb and sidewalk along the frontage of the site if
the site is developed for residential housing under the UR-7* zone. This is similar to
requirements imposed on other urban residential developments recently approved in the area, or
that would be applied to all new developments along Long Road.
64. The County Division of Utilities certified the availability of public sewer to the project.
This would likely occur through the extension of a public sewer line in Fourth Avenue, and
pumping sewage effluent to existing sewerage facilities located to the west in Long Road;
although other potential sewering options of the site may be feasible. See testimony of Todd
Whipple.
65. The City Phase I Development Regulations prohibit the approval of new development,
including zone reclassifications, within the Urban Growth Area(UGA) unless the proposal can
demonstrate the availability of public water and sewer. Such development must either be
connected to public sewer at the time of occupancy, or be located within the 6-year sewer capital
improvement program area adopted by Spokane County.
66. New development located within the County's 6-year sewer capital program area may
install on-site sewage systems on an interim basis until such time as sewer service is available,
subject to the installation of dry line sewers and double plumbing, and immediate connection to
public sewer once public sewer service is available. The site is located outside the County's 6-
year sewer capital sewer program area, so that development of the site must be connected to
public sewer and cannot rely on on-site sewage systems.
67. Under the City Phase I Development Regulations, developer financed extensions of public
sewer within the UGA and outside the County's 6-year sewer capital program area may be
allowed, provided capacity and infrastructure needs are adequately addressed.
68. Consolidated Irrigation District, #19, the designated water purveyor for the area, certified
the availability of public water to serve the proposal.
69. The Central Valley School District submitted written comments on May 6, 2004 indicating
that Greenacres Elementary School and Greenacres Middle School are presently at or near
capacity, and that students residing in the proposed development may have to be transported to
other schools in the district where capacity is available.
70. The City Capital Facilities Plan indicates there will likely be adequate school capacity in
Central Valley School District in 2006, although there may be a deficiency in City parks and
HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04/PUD-06-04 Page 10
recreational facilities. The City Phase I Development Regulations do not require direct
concurrency for school or parks and recreation, or for police and fire protection. The bussing of
students is not considered a significant impact, if here is sufficient capacity overall in the school
district to house the students.
71. The UR-7 zone requires the installation of a 6-foot high fence, wall or solid landscaping
screen along the borders of the site adjacent to UR-7 zoning. If the site is developed under the
UR-7* zone, the applicant would be required to install screening along the south, east and west
borders of the site. This would help provide a buffer for the larger lots that abut the site, and for
large animal keeping on certain adjacent properties. However, large animal keeping is a
nonconforming use in the UR-3.5 zone, and buffering of such use on property abutting the site is
not compelled by the policies of the Low Density Residential category of the City
Comprehensive Plan.
72. The proposed rezone to the UR-7* zone implements other relevant policies of the City
Comprehensive Plan, as set forth in the Staff Report. Since the site is designated in the Low
Density Residential category of the Comprehensive Plan, the UR-7* zone specifically
implements the Low Density Residential category of the Comprehensive Plan under the City
Phase I Development regulations, and the record does not establish that rezoning the site to the
UR-7* zone conflicts with any of the policies of the City Comprehensive Plan, the proposed
rezone of the site to the UR-7* zone conforms to the Comprehensive Plan.
73. The Examiner has eliminated the conditions of approval recommended by public agencies
that apply only to the preliminary plat and PUD Overlay zone, and added or revised conditions of
approval that apply to the rezone application. As conditioned, approval of the proposed rezone
would not have any adverse impact on the public health, safety and general welfare; and would
not have any significant probable adverse impact on the environment.
74. Under Washington case law, a rezone application does not have to be supported by changed
conditions if it conforms to a local government's comprehensive plan.
75. Conditions have substantially changed in the area since the zoning of the site was
reclassified to the UR-3.5 zone in 1991, to support the approval of the proposed rezone. This
• includes the availability of public sewer to the area, adoption of the City Comprehensive Plan
and City Phase I Development Regulations, the approval of other rezones to the UR-7* zone and
associated residential developments in the area, designation of the site in the UGA and Low
Density Residential category of the Comprehensive Plan,residential growth in the area, and
incorporation of the City of Spokane Valley
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The PUD Overlay zone application must be denied, because the site does not have direct
access to a Collector Arterial, or other designated arterial designated by the City Arterial Road
HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04/PUD-06-04 Page 11
Plan; and therefore cannot comply with the development standards of the PUD Overlay zone.
Since the PUD Overlay zone is a direct component of the preliminary plat application, the
preliminary plat application must also be denied.
2. The rezone application is considered separately from the preliminary plat and PUD Overlay
zone applications, as discussed in the Staff Report.
3. The proposed rezone, as conditioned, conforms to the City Comprehensive Plan, and bears
a substantial relationship to the public health, safety and welfare.
4. A change in economic, technological, or land use conditions has occurred to warrant
approval of the proposed rezone. A substantial change of circumstances has occurred in the area
since the site was last zoned.
5. The proposed rezone, as conditioned, meets the criteria established by Washington case law
for approving a rezone.
6. The procedural requirements of the State Environmental Policy Act and the City's Local
Environmental Ordinance have been met.
7. The proposed rezone, as conditioned, complies with the UR-7* zone, the County Zoning
Code, and other relevant development regulations.
8. The procedural requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met. The proposed rezone, as conditioned, will not have a
significant, probable adverse impact on the environment.
9. Approval of the rezone application is appropriate under the City Zoning Code and City
Ordinance No. 03-057, as amended by City Ordinance Nos. 03-081 and 04-012.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the application for a rezone
of the site from the UR-3.5 zone to the UR-7* zone is hereby approved, subject to the conditions
of the various agencies specified below; and the applications for a preliminary plat and PUD
Overlay zone are hereby denied.
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.
Pursuant to City Ordinance No. 04-012, if a timely appeal of this decision is not filed
with the City Council, the City Manager or designee shall modify the official zoning map of the
HE Findings, Conclusions and Decision REZ-25-04/SUB-16-041PUD-06-04 Page 12
City according to the Examiner's decision; which action shall be considered the final legislative
action of the City Council and considered an "official control" of the City.
CONDITIONS OF APPROVAL:
The following are general conditions of approval that apply to the rezone approval in File No.
REZ-25-04:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The Spokane Valley Interim Zoning Map shall be updated to specify an Urban Residential-
7* (UR-7*) designation for Parcel No. 55191.0602.
2. The maximum density for future residential development on the subject property under the
Urban Residential-7* (UR-7*) zone shall be six (6) dwelling units per acre.
3. Development of the site shall comply with the development standards of the UR-7* zone,
and other applicable provisions of the Spokane Valley Interim Zoning Code.
4. During any and all on-site construction, the proposal shall control and limit all on-site dust
pursuant to applicable SCAPCA regulations pertaining to construction methods and construction
vehicles.
5. Upon any discovery of potential or known archaeological resources at the subject property
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 VALLEY PUBLIC WORKS DEPARTMENT-ENGINEERING DIVISION:
1. Conditions of approval will be recommended and apply at the time a new application for
development of the site is submitted. A traffic analysis may be required.
SPOKANE COUNTY FIRE DISTRICT NO. 1:
1. Conditions of approval will be recommended and apply at the time a new application for
development of the site is submitted.
SPOKANE REGIONAL HEALTH DISTRICT:
1. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04/PUD-06-04 Page 13
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 plat and individual service will be
provided to each lot prior to sale. The use of individual on-site sewage disposal systems shall not
be authorized.
5. The use of private wells and water systems is prohibited.
6. Water service shall be coordinated through the Director of Utilities, Spokane County.
7. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
8. The sewage disposal method shall be authorized by the Director of Utilities, Spokane
County.
SPOKANE COUNTY DIVISION OF UTILITIES:
1. A wet (live) sewer connection to the area-wide Public Sewer System shall 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 issuance of the sewer connection permit.
4. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
5. 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.
6. Any water service for the project shall be provided in accordance with the Coordinated
• Water System Plan for Spokane County, as amended.
HE Findings, Conclusions and Decision REZ-25-04/SUB-16-04/PUD-06-04 Page 14
DATED this 24th day of March, 2005
CITY HEARING EXAMINER PRO TEM
Mich el C. Dempsey, WSBA 8235
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 03-057, as amended by City
Ordinance Nos. 03-081 and 04-012, the decision of the Hearing Examiner on combined
applications for a zone reclassification, preliminary plat and Planned Unit Development (PUD)
Overlay zone 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 March 24, 2005. THE APPEAL CLOSING DATE IS APRIL 7,
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. Copies of the documents in the
record will be made available at the cost set by City of Spokane Valley Ordinance.
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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