REZ-22-03 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for Zone Reclassification from )
Urban Residential-3.5 (UR-3.5) Zone to ) FINDINGS OF FACT,
Urban Residential-7 (UR-7) Zone; ) CONCLUSIONS OF LAW,
Applicant: Flagstone Development Group, ) AND DECISION
Inc. )
File No. REZ-22-03 )
This matter coming on for public hearing on April 22, 2004, the Hearing Examiner, after
review of the subject application and the entire record, and finding good cause therefore, hereby
makes the following findings of fact, conclusions of law and decision:
I. FINDINGS OF FACT
1. The subject 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 2.07
acres of land.
2. The site is located along the north side of Interstate 90, south of the terminus of Bessie
Road; in the SE 1/4 of Section 7, Township 25 North, Range 44 East, Willamette Meridian, in
Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45074.9076 and
45074.9055. The subject property is legally described on the preliminary short plat map
submitted by the applicant for the site.
4. The applicant and the site owner is Flagstone Development Group, Inc., c/o Brett Sullivan,
3004 N. Sullivan Rd., Suite A, Spokane Valley, WA 99216.
5. On February 27, 2004, the applicant submitted the subject application to the City
Department of Community Development, in File No. REZ-22-03. The applicant also submitted
an application for a preliminary short plat application to divide the subject property into seven(7)
lots, for an existing duplex and six (6)new duplexes. The short plat application requires
administrative approval by the Department of Community Development, and is dependent on the
approval of the proposed rezone.
6. On March 29, 2004, the City Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not appealed.
7. The Hearing Examiner conducted a site visit on April 21, 2004, and a public hearing on
April 22, 2004. The requirements for notice of public hearing were met.
HE Findings, Conclusions and Decision REZ-22-03 Page 1
8. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 03-057, as
amended by City Ordinance Nos. 03-081 and 03-023; and the City Hearing Examiner Rules of
Procedure.
9. The following persons testified at the public hearing:
Kevin Snyder, Manager John Konen
Current Planning Storhaug Engineering
City of Spokane Valley 1322 N. Monroe St.
11707 E. Sprague Avenue Spokane, WA 99201
Spokane Valley, WA 99206
Don Ramsey Sandra Raskell
Traffic Engineering Traffic Engineering
City of Spokane Valley City of Spokane Valley
11707 E Sprague Ave Ste 106 11707 E Sprague Ave Ste 106
Spokane Valley, WA 99206-6124 Spokane Valley,WA 99206-6124
Richard Treadwell Jose Cruz
8504 E. Nora 8503 E. Nora
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Lorraine Bratton Larry Gross
8516 E.Nora 8622 E. Nora
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Debbie Thone
8420 E.Nora
Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code,
City Subdivision Ordinance, City 2001 Standards for Road and Sewer Construction, City Code,
other applicable development regulations, and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-22-03 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 2.07 acres in size,relatively flat in topography and divided into two
(2) tax parcels. An existing duplex is located on the site near its west boundary. The remainder
of the property is vacant and undeveloped. Vegetative cover on the site is limited to grasses and
weeds. An existing overhead power line runs along the common boundary between the site and
adjacent property to the north, and continues to the east and west. An existing water line is
located in the westerly one-third of the site, near its north border.
HE Findings, Conclusions and Decision REZ-22-03 Page 2
13. Effective January 1, 1991, the zoning of the site was reclassified from its zoning under the
now expired Spokane County Zoning Ordinance to the UR-3.5 zone, pursuant to the Program to
Implement the Spokane County Zoning Code.
14. 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. See County Resolution Nos. 2-0037 and 2-0470. The County
Phase I Development Regulations designated the site and area in the UGA, and retained the
zoning of the site and land in the area.
15. The County Comprehensive Plan designated the site and neighboring land in the Low
Density Residential category; except for the land lying east of Sargent Road, north of Interstate
90, which was designated in the Community Center category.
16. On March 31, 2003, the subject property and surrounding 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.
17. The land lying north of Interstate 90,west of Sargent Road, in the vicinity is developed
with single-family residences on mostly urban sized lots zoned UR-3.5 and UR-7. The land
located north of the site along Nora Avenue is zoned UR-3.5, generally divided into lots ranging
in size from 9,000 square feet to 10,000 square feet, and developed with single-family homes.
Further to the north are found somewhat larger lots improved with single-family homes, zoned
UR-7.
18. The land lying directly west of the site consists of a one (1)-acre parcel owned by a water
district, zoned UR-3.5 and used as a pump house. The land located between the water district
parcel and Vista Road to the west consists of a .9-acre parcel and a .6-acre parcel, each improved
with a single-family home and zoned UR-3.5.
19. The .5-acre parcel of land located between the site and Sargent Road to the east is owned
by the applicant, zoned UR-3.5, and undeveloped. The land lying north of Interstate 90, east of
Sargent Road in the vicinity, is zoned Urban Residential-22 (UR-22) and developed with offices
and multi-family development, which transitions to Regional Business (B-3) zone and
commercial uses near and along Argonne Road.
20. The Interstate 90 freeway is located immediately south of the site, and has an interchange
with Argonne Road east of Sargent Road. The freeway is currently being widened in the area. A
10-12 foot concrete sound wall for the freeway is installed along the north side of the freeway in
the vicinity.
21. The City Arterial Road Plan designates Argonne Road, north of Interstate 90, as an Urban
Principal Arterial. Argonne Road is 2-way north of I-90, and forms a 1-way, Urban Principal
Arterial couplet with Mullan Road south of I-90. The City Arterial Road Plan designates Knox
HE Findings, Conclusions and Decision REZ-22-03 Page 3
Avenue to the north and Vista Road to the west as Urban Collector Arterials. Bessie Road and
Sargent Road are paved roads north of Nora Avenue, and gravel roads south of Nora Avenue.
22. The proposed short plat, which is not subject to review by the Examiner, would be accessed
through an internal private road connecting to Bessie Road. Individual lots would access the
private road directly or through private driveways. A fire lane would be extended along the south
border of the parcel that lies between the site and Sargent Road, which would be gated. The lots
in the preliminary short plat range from 11,700 square feet to 20,015 square feet.
23. The density(net) of the preliminary short plat is 6.3 dwelling units per acre. This exceeds
the maximum residential density permitted in the UR-7 zone,when a zone reclassification is
applied for under the City Phase I Development Regulations. This discrepancy would require
elimination of one (1) dwelling unit in the preliminary short plat, or a redesign of the preliminary
short plat. Various alternatives for meeting density requirements are discussed in the letter dated
April 6, 2004 from Storhaug Engineering to City Current Planning.
24. City Department of Community Development condition of approval #1 for the proposal
requires the installation of 6-foot high screening along the boundaries of the site adjacent to UR-
3.5 zoning, as required by the UR-7 zone. This includes the north, east and west borders of the
subject property. The properties located directly north of the site are fenced along their rear yard
border with the current site.
25. Five (5) owners of neighboring properties improved with single-family homes expressed
opposition to the proposed rezone. This includes three (3) owners of lots that abut the site on the
north, two (2) of which lots (Thone, Treadwell) face Bessie Road; the owner of a lot (Cruz)
located one lot north of the site, facing Bessie Road; and the owner of a lot (Gross) located a few
lots east of the site, at the southwest corner of the intersection of Nora Avenue and Sargent Road.
26. The opponents of the proposal expressed concerns including traffic congestion and safety
along Bessie Road, dust impacts, impacts on property values, fire and utility vehicle access,
density, inconsistency of duplex housing with existing single-family homes, increased crime,
maintenance of rental units, loss of privacy, impacts on water pressure, suitability of site for
housing due to noise from freeway, and other concerns.
27. The 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.
28. 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 both single-
family dwellings and duplex dwellings in the UR-3.5 zone is 80 feet, and the minimum lot size
for both uses is 10,000 square feet.
HE Findings, Conclusions and Decision REZ-22-03 Page 4
29. 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.
30. The Phase I Development Regulations limit new residential development on land rezoned
to the UR-7 to a maximum density of six (6) dwelling units per acre. The UR-7 zone otherwise
permits a density 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, and 11,000 square feet for a duplex dwelling. The
minimum frontage in the UR-7 zone is 65 feet for a single-family dwelling and 90 feet for a
duplex dwelling.
31. The purpose and effect of the proposed rezone to the UR-7 zone is to allow the site to be
developed at a higher density than allowed in the UR-3.5 zone. The applicant indicated that the
location of the site along Interstate 90 renders it difficult to develop and market the site for
single-family housing under the UR-3.5 zone, as opposed to duplexes; and also indicated that the
UR-7 zone contains more flexible development standards, including smaller lot sizes for
duplexes, which enhances the ability to develop the relatively narrow site for duplex housing.
32. Policy UL.9.1 of the Comprehensive Plan states 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. The proposed rezone implements these policies.
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.
34. Public sewer has been extended to the site in Bessie Road. The public sewer and water
purveyors certified that public sewer and water would be available to serve the subject property.
The proposal meets the sewer and water concurrency requirements of the Phase I Development
Regulations. The applicant indicated that Spokane County Water District#3 requires that the
preliminary short plat be served with a looped water system, which may improve water pressure
in the area.
35. Spokane Valley Fire District 1 and the City Building Division indicated that an approved
fire apparatus fire apparatus turnaround would be needed for the driveway serving Lots 5-7 in the
preliminary short plat, and that an existing fire hydrant at Nora and Bessie Road are adequate to
serve the preliminary short plat. The applicant advised that a crash gate would be installed to
prevent general vehicular access from the preliminary short plat to Sargent Road.
36. The City Traffic Engineer indicated that the private road in the preliminary plat would be
paved, and that a"Dead End" sign installed if one did not already exist. The City Traffic
Engineer found that the increased traffic that would be generated as a result of developing the
HE Findings, Conclusions and Decision REZ-22-03 Page 5
preliminary short plat would not have any significant adverse impact on the level of service at the
intersection of Bessie Road and Nora Avenue, sight distance was good at such intersection, and a
stop sign was not planned at such location.
37. The preliminary short plat would not generate near the number of combined units (i.e. 50
units) along Bessie Road, south of Nora Avenue, that would require the provision of a second
access road into the preliminary short plat for fire district or other vehicular access. See City
2001 Standards for Road and Sewer Construction, p. 1-6.
38. City Engineering conditions of approval for the preliminary shot plat failed to recognize
that Bessie Road is unpaved between the site and Nora Avenue. The City Traffic Engineer
testified at the public hearing that the conditions of approval for the preliminary short plat would
have to be revised to provide for the paving of Bessie Road at such location. The applicant did
not oppose such requirement. A condition of approval has been added to ensure that this issue is
addressed for the preliminary short plat or other site development.
39. Competent evidence of a traffic engineering nature was not submitted to rebut the opinions
of the City Traffic Engineer regarding the insignificant impacts of the proposed rezone on traffic
safety and congestion at the intersection of Bessie Road and Nora Avenue.
40. Spokane County Air Pollution Control Authority comments recommended various dust
control measures for the proposed rezone and preliminary short plat, including that all traveled
surfaces on the site be paved and kept clean to minimize dust emissions.
41. Competent evidence was not submitted to establish that the proposed rezone would result
in any significant impacts on the value of neighboring properties, or on crime. Housing
developed on the site will provide a visual and noise buffer between the freeway and the single-
family lots located directly north of the site.
42. Because the rezone was not submitted with a specific site plan, the proposal is exempt from
transportation concurrency requirements. The preliminary short plat will have to meet such
requirements.
43. Some neighborhood concerns pertain more to the administrative review and approval of the
preliminary short plat than the effects of the proposed rezone. The decision on the short plat is
subject to appeal to the Examiner.
44. Public agencies did not oppose the approval of the rezone, or its environmental impact.
The proposed rezone will not have more than a moderate effect on the quality of the
environment.
45. The proposal has been conditioned for compliance with the UR-7 zone and City Zoning
Code. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare.
HE Findings, Conclusions and Decision REZ-22-03 Page 6
46. 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, incorporation of the
City of Spokane Valley, and improvements to Interstate 90.
Based on the above findings of fact, the Hearing Examiner enters the following:
II. 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 under City Ordinance No. 03-57, as amended by Ordinance No. 03-081.
III. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
zone reclassification to the Urban Residential-7 (UR-7) zone is hereby approved, subject to the
conditions of the various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
Failure to comply with the conditions of this approval may result in revocation of this
approval by the Hearing Examiner. This approval does not waive the applicant's obligation to
HE Findings, Conclusions and Decision REZ-22-03 Page 7
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 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
A. General
CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT-
CURRENT PLANNING
1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant",
which term shall include the owners and developers of the property, and their heirs, assigns and
successors.
2. Pursuant to Section II (Zone Reclassification Applications) of the City's adopted Phase I
Development Regulations, the maximum density (net) 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. In order to comply with Section 14.618.365 (Walls) of the Spokane Valley Interim Zoning
Code, the applicant shall prior to final short plat approval construct a six (6) foot high concrete,
masonry, or decorative block wall, solid landscaping or site-obscuring fence around the perimeter
of the approved preliminary short plat. Further, the applicant shall submit a written agreement
agreeing 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 at the same time agree that at time of sale of any and
all of the parcels created through the short plat action, the applicant shall notify in writing all
buyers of the requirement to maintain the six (6)-foot high concrete, masonry, or decorative
block wall, solid landscaping or site-obscuring fence along the portion of the property under their
direct control.
4. The conditions of approval submitted by Avista Utilities, Spokane Valley Public Works-City
Engineer, Spokane County Division of Utilities, Spokane County Air Pollution Control
Authority, Spokane County Fire District No. 1, Spokane Regional Health District, etc. shall be
considered at the time of approval for the preliminary short plat or building permit, as
applicable.
5. The record indicates that Bessie Road is unimproved between the site and Nora Avenue.
The City Engineer shall consider revision of the conditions of approval submitted for the
preliminary short plat to provide for the paving of such portion of Bessie Road by the applicant.
HE Findings, Conclusions and Decision REZ-22-03 Page 8
6. The City Engineer shall, in conjunction with Spokane County Fire District 1, consider the
need for a crash gate to prevent general vehicular traffic in the preliminary short plat from
accessing Sargent Road, in the review of the preliminary short plat.
7. Pursuant to City Ordinance No. 04-012, if no appeal of the Examiner's decision is filed
with the City Council by May 25, 2004, the City Department of Community Development shall
forward the Examiner's decision and recommendation for approval of the proposed rezone to the
City Manager or designee for modification of the official zoning map of the City according to the
Examiner's decision.
B. Prior to or during future on-site construction, the applicant or successors in interest
shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. To reduce noise impacts to the surrounding properties resulting from construction, hours of
future on-site construction shall be authorized as follows: 1) between 7:00 a.m. and 9:00 p.m.
Monday through Friday, 2) between 8:00 a.m. to 5:00 p.m. on Saturday, and 3) no construction
allowed on Sunday. Prior to on-site construction, the developer and contractor(s) shall submit
notarized letters agreeing to observe the specified hours of construction.
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.
DATED this 11th day of May, 2004
CITY HEARING EXAMINER PRO TEM
r ed.
Michael C. Dempsey, WSBA#815
HE Findings, Conclusions and Decision REZ-22-03 Page 9
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 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.
City Ordinance No. 04-012 provides that where the Examiner's Decision recommends
approval of a rezone proposal and no appeal has been filed within the time period set forth above,
the City Manager or designee shall modify the official zoning map of the 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.
This decision was mailed by certified mail to the Applicant, and by first class mail to
other parties of record, on May 11, 2004. THE APPEAL CLOSING DATE IS MAY 25,2004.
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-22-03 Page 10