REZ-20-03 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification from )
the Urban Residential-3.5 (UR-3.5) Zone ) FINDINGS OF FACT,
to the Urban Residential-22 (UR-22) Zone; ) CONCLUSIONS OF LAW,
Applicant: WAM Enterprises ) AND DECISION
File No. REZ-20-03 )
This matter coming on for public hearing on March 25, 2004,the Hearing Examiner, after
review of the subject applications 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-22 (UR-22) zone, for unspecified uses,
on approximately 5.25 acres of land.
2. The site is located north of Eighth Avenue, east of and adjacent to Woodruff Avenue, in the
NE 1/4 of Section 20, Township 25 North, Range 44 East, Willamette Meridian, Spokane County,
Washington. The site is addressed at 10009 East 7th Avenue, Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45201.1634,
45201.1635 and 45201.1737. The site is legally described in materials submitted with the
application on January 26, 2004.
4. The applicant is WAM Enterprises, Inc., c/o Bruce Miller, 818 W Riverside Ave Ste 880,
Spokane, WA 99201-0913. The site owner is Janet E. Brown, Trustee of the Brookhart Family
Trust, 3348 W. Steinbeck Drive, Anthem, AZ 85086.
5. On December 12, 2003, the applicant submitted a complete application for the subject zone
reclassification and the site plan of record.
6. On March 4, 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 March 23, 2004, and conducted a public
hearing on March 25, 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
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:
HE Findings, Conclusions and Decision REZ-20-03 Page 1
Karen E. Kendall, Assistant Planner Bruce Miller
City of Spokane Valley 818 W Riverside Ave Ste 880
11707 E Sprague Avenue Ste 106 Spokane, WA 99201-0913
Spokane Valley, WA 99206-6110
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code,
City Zoning Map for the vicinity, City Subdivision Ordinance, 2001 City Standards for Road and
Sewer Construction, City Guidelines for Stormwater Management, City Code, other applicable
development regulations, and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-20-03 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 approximately 5.25 acres in size and is irregular in shape, with a 20-
foot wide strip extending 310 feet south from the main body of the site to Eighth Avenue. A
single-family residence and two (2) small, detached accessory buildings are found in the middle
of the site. The site is thinly forested with ponderosa pine trees, some deciduous trees, shrubs
and grass.
13. The main body of the site slopes down from north to south at an overall slope of nearly 8%.
Most of the site is relatively flat in topography. The northeast portion of the main body of the
site, northerly of the house located on the property, has a slope of approximately 17%.
14. The site plan of record submitted on February 18, 2004 shows the existing improvements
and vegetation on the site, elevation contours, and bordering improvements on adjacent land.
15. Effective January 1, 1991, the zoning of the site was reclassified from its zoning under the
now expired County Zoning Ordinance to the Urban Residential-3.5 (UR-3.5) zone, pursuant to
the Program to Implement the Spokane County Zoning Code.
16. 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.
17. The County Comprehensive Plan designated the site and adjoining land in the Urban
Activity Center category of the County Comprehensive Plan. The County Phase I Development
Regulations designate the site and area in the UGA. Such regulations retained the current zoning
of the site and neighboring land.
18. The City Comprehensive Plan and City Phase I Development Regulations, respectively,
retained the comprehensive plan designations and zone classifications imposed by the County
Comprehensive Plan and County Phase I Development Regulations for the site and land in the
vicinity. The site is located inside the Aquifer Sensitive Area(ASA) Overlay zone of the City
Zoning Code.
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19. The land lying immediately south of the main body of the site is zoned UR-22 and
developed with apartment complexes. The westerly three-fourths (3/4) of such development is
comprised of apartment buildings and associated garages situated near the site. The easterly one-
fourth (1/4) of the development contains a tennis court surrounded by a chain link fence. The
land located between the apartment complex and Eighth Avenue consists of single-family
residences on lots zoned UR-3.5.
20. The land lying southeast of the main body of the site is zoned UR-22 and is improved with
an apartment complex that fronts along Eighth Avenue. The land lying directly east and
northeast of the site consists of 4-acre parcel of land zoned UR-3.5 and improved with a single-
family residence. The land lying south and southwest of the site is zoned UR-3.5 and is
developed with single-family residences. The land lying west and northwest of the site is zoned
UR-22 and improved with apartment complexes that front along Woodruff Road, Fan Road and
Sixth Avenue.
21. The City Arterial Road Plan map designates Eighth Avenue as an Urban Principal Arterial,
and Farr Road and Fourth Avenues as Urban Collector Arterials. The other roads in the vicinity
are considered Urban Local Access roads.
22. On January 15, 2004, the City approved a certificate of exemption to consolidate the tax
parcels making up the site, for the purpose of meeting the frontage requirements of the UR-22
zone. A new tax parcel has not yet been assigned to the site.
23. The only concerns submitted regarding the proposal were submitted in the form of a letter
dated February 9, 2004 from Spokane Housing Ventures, a non-profit corporation that provides
affordable housing to persons at or below 60% of the median income in the area;which entity is
also a general partner in the apaitment complexes located west and northwest of the site across
Woodruff Road. Such entity expressed concerns regarding traffic, ingress and egress to the
subject property; landscaping, drainage and privacy fencing.
24. The City Engineering Division conditions of approval, which were submitted on February
11, 2004, limit access from the site to Eighth Avenue to controlled emergency access; require the
east half of Woodruff Road to be improved between the site and Eighth Avenue, through the
addition of asphalt, curb, gutter and sidewalk; and require Eighth Avenue to be similarly
improved along the frontage of the site along with the dedication of one (1) foot of right of way.
25. The City Engineering Division conditions of approval should be clarified to indicate that
the limitation of access to Eighth Avenue pertains to direct access along the neck of the site that
extends to Eighth Avenue, and not to access from the site to Eighth Avenue via Woodruff Road,
a public road.
26. No opposition to the proposal was submitted at the public hearing. It is conceivable that
the access issues raised by Spokane Housing Ventures in its letters were resolved by the City
Engineering conditions that were submitted a few days after the letter was submitted.
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27. There is no specific development proposed for the site at this time. Drainage issues would
be dealt with prior to issuance of a building permit, in conformance with the City Standards for
Road and Sewer Construction, and the City Guidelines for Stormwater Management.
28. The Staff Report sets forth applicable policies of the Comprehensive Plan. However,
Policies UL.13.5 and UL.13.6 of the Comprehensive Plan, set forth in the Staff Report, do not
apply to the proposed rezone because they pertain only to land designated in the Regional
Commercial, Community Commercial and Neighborhood Commercial categories of the
Comprehensive Plan.
29. Policy UL.11.7 of the Comprehensive Plan recommends that design standards and a design
review process for urban activity centers be maintained; to ensure that commercial and industrial
projects are developed with minimal impact on surrounding land uses, are consistent with
community appearance/design guidelines and assure pedestrian as well as vehicular access.
30. Policy UL.11.8 of the Comprehensive Plan indicates that urban activity centers may
contain, but are not limited to, retail stores and services; professional offices; office/light
industrial; light manufacturing; multi-family housing and mixed-use developments; heavy
commercial uses; research and development centers; churches, entertainment and art centers;
health, human service and public facilities; schools and universities; and parks and open space.
31. Policy UL.11.10 of the Comprehensive Plan recommends that a residential component be
included within urban activity centers through the use of incentives and/or the minimum
requirements for residential development.
32. Policy UL.11.11 of the Comprehensive Plan recommends that design standards and land
use plans be adopted for urban activity centers,based on several principles set forth in such
policy.
33. Policies UL.2.3 through 2.09 of the Comprehensive Plan recommend that the City establish
a design review process, to run concurrent with the land use approval process, for mixed-use
areas and certain other types of development. Such process would include the development of
urban design guidelines, to provide consistency of application for the design review process; the
establishment of a design review board, consisting of members from designated professional
groups, to review the larger, more complex projects; use of the administrative process to provide
design review for small projects; and the development of neighborhood, subarea and community
plans, with specific design standards that reflect and preserve neighborhood character.
34. The County, between the time it adopted a new comprehensive plan under the State Growth
Management Act in 2002 and the City of Spokane Valley's incorporation in 2003, did not
establish a design review process or design review board; adopt neighborhood, community or
sub-area plans for the area; or adopt design standards other than the existing County Zoning
Code and the Phase I Development Regulations; to implement the policies of the County's
comprehensive plan regarding urban activity centers or the Urban Activity Center category.
HE Findings, Conclusions and Decision REZ-20-03 Page 4
35. Since incorporation, the City of Spokane Valley has not yet had the opportunity to
implement certain policies of the City Comprehensive Plan regarding urban activity centers or
the Urban Activity Center category; such as establishing a design review process and design
review board, adopting any sub-area/neighborhood/community plans for the area; or adopting
design standards other than those existing in the City Zoning Code and Phase I Development
Regulations.
36. The City of Spokane Valley is required to plan under the State Growth Management Act,
but under state law has three (3) years from the date of incorporation to adopt a comprehensive
plan that complies with such act.
37. RCW 36.70A.470 requires that the review of local projects subject to the land use
processing procedures set forth in chapter 36.70B RCW be used to make individual project
decisions, not land use planning decisions; and that project review continue even in the presence
of a deficiency in a comprehensive plan or development regulations. Such statute defines a
deficiency in a comprehensive plan or development regulation as the absence of required or
potentially desirable contents of a comprehensive plan or regulation.
38. RCW 36.70B.040 states that a proposed project's consistency with local development
regulations, or appropriate elements of a comprehensive plan or subarea plan adopted under
chapter 36.70A RCW, shall be determined by consideration of the type of land use, the level of
development, infrastructure and the character of the development. Such statute may or may not
be applicable, depending on the interpretation of the State Growth Management Act.
39. Pursuant to RCW 36.70A.470, the Hearing Examiner does not have authority to deny or
delay approval of the proposed rezone on the basis that the City has not yet adopted policies, a
design review process or design standards to fully implement the policies of the Urban Activity
Center. The Examiner must apply the policies and development regulations currently in effect to
the proposal.
40. The Urban Activity Center category of the Comprehensive Plan is implemented by the
UR-22,Neighborhood Business (B-1) and Community Business (B-2) zones. The proposal
cannot meet the frontage requirements of the B-1 zone or B-2 zone,but can meet the frontage
requirements of the UR-22 zone.
41. The proposed rezone is generally consistent with the purpose and intent of the UR-22 zone,
as set forth in Zoning Code 14.622.100. The proposal has near access to Eighth Avenue, an
Urban Minor Arterial, and near access to Fan Road, an Urban Collector Arterial, via Woodruff
Road and Sixth Avenue, respectively. The proposal has direct emergency access to Eighth
Avenue. The site abuts or is located across the street from apartments complexes, on land zoned
UR-22,to the west, south and southeast. The most probable use for the site is multi-family
dwellings or other high-density housing.
42. The UR-22 zone requires the installation of a 6-foot high, sight-obscuring screen, and the
installation of five (5) feet of Type III landscaping, adjacent to land zoned UR-3.5. This will
HE Findings, Conclusions and Decision REZ-20-03 Page 5
adequately buffer site development from neighboring single-family residences. The City Zoning
Code requires the installation of 20 feet of Type I landscaping adjacent to public roads, which
assures aesthetics along public roads. The UR-22 zone does not require buffering adjacent to
other properties zoned UR-22.
43. The transportation concurrency requirements of the City Phase I Development Regulations
do not apply to rezone applications submitted without a specific site development plan. Such
requirements would have to be met at the time of building permit. The project can and will be
served with public sewer and water, and complies with the sewer and water concurrency
requirements of the City Phase I Development Regulations.
44. The proposal implements other applicable policies of the Comprehensive Plan, as set forth
in the Staff Report.
45. No deficiencies with regard to the proposal's compliance with development regulations
have been established in the record. The project will not have more than a moderate effect on the
quality of the environment.
46. The proposal has been conditioned for compliance with the UR-22 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. The conditions of
approval submitted by the County Division of Utilities, the Spokane County Air Pollution
Control Authority and other agencies shall be reserved until the time of building permit.
47. 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 Plans and Phase I Development Regulations, incorporation of the City
of Spokane Valley, and increased 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-22 zone, the City Zoning Code
and other applicable development regulations.
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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 Ordinances 03-81 and 04-
012.
III. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
zone reclassification to the Urban Residential-22 (UR-22) 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.
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 Conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. 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.
HE Findings, Conclusions and Decision REZ-20-03 Page 7
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
2. Per the City's Traffic Engineer, only controlled emergency access shall be permissible
directly to Eighth Avenue from future development on the project site.
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.
C. Prior to certificate of occupancy, the applicant or successors in interest shall:
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION
1. Woodruff Road is designated as Local Access Street. This requires fifteen(15) feet of
asphalt from centerline of Woodruff as it exists south of the property, two (2) feet of Type B curb
and gutter, a seven(7)to ten (10) foot wide planter strip, and a five (5) foot wide sidewalk(six
[6] foot wide sidewalk for commercial projects). Frontage improvements shall be constructed or
bonded for prior to release of certificate of occupancy.
2. Eighth Avenue is designated as an Urban Minor Arterial. The current right-of-way width
from centerline to property line is twenty-five (25) feet. Frontage improvements shall be
required consisting of twenty-two (22) feet of asphalt, two (2) feet of Type B curb and gutter, a
seven (7) foot to ten (10) foot wide planter strip, and a five (5) foot wide sidewalk (six [6] foot
wide sidewalk for commercial projects). A one (1) foot dedication of right-of-way is required.
The frontage improvements stated above, outside of the public right-of-way, shall be
incorporated into a border easement. Only controlled emergency access shall be permissible to
Eighth Avenue directly from the project site.
DATED this 9th day of April, 2004
CITY HEARING EXAMINER PRO TEM
Mich 1 C. Dempsey, WSBA/Or
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NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 57, as amended by Ordinances 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 April 9, 2004. THE APPEAL CLOSING DATE IS APRIL 23, 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 maybe inspected
at the City of Spokane Valley Depai lucent 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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