REZ-21-03 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: Al Severson ) AND DECISION
File No. REZ-21-03 )
This matter coming on for public hearing on February 26, 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 0.69
acres of land.
2. The site is located at the southeast corner of Raymond Road and Alki Avenue, in the City
of Spokane Valley, Washington; and is situated in the SE '/4 of Section 17, Township 25 North,
Range 44 East, Willamette Meridian, Spokane County, Washington. The site is addressed at 520
N. Raymond Road, Spokane Valley.
3. The site is currently referenced as County Assessor's tax parcel no. 45174.0802. The
subject property is legally described on the short plat map submitted by the applicant for the site.
4. The applicant and the site owner is Al Severson, PO Box 141735, Spokane Valley, WA
99214-1735.
5. On December 17, 2003, the applicant submitted a complete application for a zone
reclassification of the site to the UR-7 zone to the City Department of Community Development,
in File No. REZ-21-03. The applicant also submitted an application for a preliminary short plat
application to divide the subject property into two (2) duplex lots and one (1) lot for an existing
single-family dwelling. The short plat application requires administrative approval by the
Department of Community Development.
6. On February 11, 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 and public hearing on February 26, 2004. The
requirements for notice of public hearing were met.
8. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 03-057, as
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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:
Micki Harnois, Current Planning Al Severson
Department of Community Development PO Box 141735
City of Spokane Valley Spokane Valley, WA 99214-1735
11707 East Sprague Avenue, Suite 106
Spokane Valley, WA 99206
Janice Sanford Dave Meyer
10604 E Springfield Ave 10515 E Springfield Ave
Spokane Valley, WA 99206-3851 Spokane Valley, WA 99206-3851
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code,
City Subdivision Ordinance, 2001 City 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-21-03 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 0.69 acres in size and is relatively flat in topography. A single-
family residence and three (3)mature trees are located in the middle of the site. A 6-foot high
wood fence surrounds the residence on the east, south and west sides. A gravel driveway
extended along the westerly two-thirds (2/3) of the north property line provides access from the
residence to Raymond Road.
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(VGA)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. 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 Comprehensive Plan, Zoning Code, Phase I Development Regulations
and other development regulations,with certain revisions.
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16. The City Comprehensive Plan designates the site and neighboring land in the Low Density
Residential category, except for the land lying south of Valleyway Avenue. Such land in the
Low Density category is zoned UR-3.5 and dominated by single-family residences. The parcel of
land lying directly south of the site consists of a drainage swale owned by the City of Spokane,
which is surrounded by 6-foot high chain-link fencing on all sides.
17. The land lying south of Valleyway Avenue in the area, east of Felts Road, is designated in
the Urban Activity Center category. The portion of such land located between Main Avenue and
Valleyway Avenue contains a mixture of UR-7, Urban Residential-12 (UR-12) and Urban
Residential-22 (UR-22) zoning; and is dominated by duplexes and multi-family dwellings.
18. The parcels of land fronting along the north side of Valleyway Avenue, and the land lying
south of Valleyway Avenue for a few blocks, west of Felts Road, are designated in the High
Density Residential category and developed with multi-family dwelling units.
19. The Arterial Road Plan in the City Comprehensive Plan designates University Road and
Broadway Avenue in the area as Urban Principal Arterials, and designates Valleyway Avenue as
an Urban Collector Arterial. The nearest city park is located one-fourth(1/4) mile to the south.
A public transit stop is located 300 feet east of the site.
20. The owner(Franklin and Janice Sanford) of a single-family residence located directly
northeast of the northeast corner of the site expressed opposition to the proposed rezone,based
on such concerns as increased density,traffic conflicts and emergency access on the site if the
property is developed for duplexes and the existing residence; and a 20-foot error in the listed
width of her property stated on the short plat application submitted by the applicant. The owner
(Dave Meyer) of a single-family residence located one block north of the site also expressed
opposition to the proposal,based on the development of duplexes in a single-family residential
area.
21. The public sewer and water purveyors certified that public sewer and water would be
available to serve the subject property. Because the rezone was not submitted with a specific site
plan, the proposal is exempt from transportation concurrency requirements. The proposal meets
the sewer,water and transportation concurrency requirements of the Phase I Development
Regulations. City Engineering conditions of approval for the preliminary short plat require the
applicant to dedicate right of way for Raymond Road; and to enter construct, or into a future City
local improvement district to finance, road improvements along the frontage of the site, including
street widening, and the addition of curb, gutter,planting strip and sidewalk.
22. The short plat application is not before the Examiner. The on-site circulation of vehicles
and emergency access is relevant to the short plat application,but not the proposed rezone. The
applicant indicated that a 20-foot driveway easement extended along the north property line of
the site and turnaround would provide adequate access for resident and emergency vehicles
serving the dwelling units developed on the site.
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23. The error made on the short plat map regarding the size of the Sanford property is a
carryover from an error on the County Assessor's map, which shows the boundaries of the
property correctly,but understates the width of such property by 20 feet. Such error does not
affect approval of the proposed rezone, and can be corrected on the short plat map.
24. The applicant indicated that the neighbor's fence to the east encroaches on the east rear
yard of the subject property by 10 feet. The applicant indicated that he had entered into an
agreement with the adjacent property owner,requiring the adjacent property owner to move the
fence on the site seven(7) feet to the east, and requiring the applicant to give the neighbor a a-
foot easement to allow the neighbor's accessory building to remain on the current site.
25. 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.
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 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.
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 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.
29. The short plat application proposes the development of five (5) dwelling units on the
subject property. Since the site is approximately.69 acres in size, and the maximum residential
(net) density permitted on the site under the UR-7 zone is six (6)units per acre, the maximum
number of dwelling units permitted on the site is four(4) dwelling units. This will require
revision of the short plat,but does not affect approval of the proposed rezone.
30. 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
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screening will help buffer adjoining single-family properties to the north and east from the
increased number of dwelling units permitted on the site under the UR-7 zone.
31. Policy UL.9.1 of the Comprehensive Plan states 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. The proposed rezone implements these policies.
32. The proposed rezone will preserve neighborhood character, as recommended in Policy
H.3.2 of the Comprehensive Plan; considering the nearness of the site to various arterials, land
designated in the Urban Activity Center category of the Comprehensive Plan, multi-family
housing, and the UR-7 and UR-22 zoning located one (1)block south of the site; and considering
the location of a City drainage swale south of and adjacent to the south boundary of the site.
33. The proposed rezone implements other relevant policies of the Comprehensive Plan, as set
forth in the Staff Report.
34. The City Department of Community Development may wish to consider some adjustment
to the UR-7 zone requirement for a sight-obscuring fence along the south boundary of the site,
considering that such adjacent land is committed to use as a City drainage swale,unlikely to be
developed for a residential use in the future, and fenced with chain-link fencing. Section
14.810.200 of the City Zoning Code authorizes the City Department of Community Development
to approve alternate methods of compliance to the development standards of the Zoning Code
where the alternate method is at least equivalent to the standard in terms of implementing the
general purpose of the City Zoning Code.
35. City Zoning Code 14.806.040 (2)(a)requires the installation of 20 feet of Type III
landscaping along adjacent public streets within all developments "in the multiple family
residential zones (UR-7,UR-12 and UR-22)". Because of the somewhat ambiguous reference to
"multiple family" in such standard,the Examiner in the past has not enforced this standard for
single-family residential development in the UR-7 zone, and has authorized some deviation from
this standard for duplex divisions in the UR-7 zone.
36. A reasonable deviation from the landscaping standard in City Zoning Code 14.806.040
(2)(a), would be to require the applicant to install only five (5) feet of Type 5 landscaping along
Raymond Road.
37. 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.
38. 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.
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39. Changed conditions have occurred 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 Phase I Development Regulations, incorporation of the City of Spokane
Valley, and increased residential growth in the area.
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
comply with all other requirements of other public agencies with jurisdiction over land
development.
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CONDITIONS OF APPROVAL
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. 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 and Spokane Regional Health District shall be
considered at the time of approval for the preliminary short plat or building permit, as applicable.
3. The proposal shall comply with all applicable requirements of the City Zoning Code, as
amended.
4. Upon any discovery of potential or known archaeological resources at the subject site prior
to or during existing and 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 with a maximum period of twenty-four hours from the time of discovery, the City of
Spokane Valley Community Development Department of said discovery.
5. Pursuant to Section 14.618.365 of the City Zoning Code, a six (6) foot high concrete,
masonry or decorative block wall, solid landscaping, or sight-obscuring fence shall be provided
and maintained on the north, east and south property lines of the subject property or any future
subdivision prior to issuance of any future building permits. Pursuant to Section 14.810.200 of
the City Zoning Code, as amended, the City Department of Community Development may
consider reducing, waiving or modifying such requirement along the south boundary of the
property, considering the location of a fenced City drainage swale adjacent to the south.
6. Section 14.806.040 (2)(a) requires the installation of 20 feet of Type III landscaping
adjacent to Local Access roads within all developments to be located in the "...multiple family
residential zones (UR-7, UR-12 and UR-22)... ". Because of the ambiguous reference to
"multiple family" in such standard, the Examiner recommends that the width of such
landscaping be reduced to five (5)feet along Raymond Road, if the City Department of
Community Development finds that such requirement applies to the site upon its development.
7. The zoning of the subject property shall be identified as Urban Residential-7* (UR-7*)
pursuant to Section II(Zone Reclassification Applications) of the adopted City Phase I
Development Regulations. The maximum density for future residential development at the
subject property or subdivision thereof shall not exceed six (6) dwelling units to the acre is
warranted.
8. Pursuant to City Ordinance No. 04-012, if no appeal of the Examiner's decision is filed
with the City Council by March 29, 2004, the City Department of Community Development shall
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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.
DATED this 15th day of March, 2004
CITY HEARING EXAMINER PRO TEM
Mic ael C. Dempsey, WSBA =y%/
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 the 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 March 15th,2004. THE APPEAL CLOSING DATE IS MARCH
29, 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.
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