REZ-16-04 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: Mark McManus ) AND DECISION
File No. REZ-16-04 )
L SUMMARY OF DECISION
Hearing Matter: Application for a zone reclassification from the UR-3.5 zone to the UR-22
zone.
Summary of Decision: Approve application, subject to conditions of approval.
II. FINDINGS OF FACT
1. The application seeks approval of a zone reclassification from the Urban Residential-3.5
(UR-3.5) zone to the Urban Residential-22 (UR-22) zone, for unspecified uses, on approximately
.97 acres of land.
2. The site is located on the south side of Fourth Avenue, approximately 60 feet west of the
intersection of Skipworth Road and Fourth Avenue; in the NW 1/4 of Section 21, Township 25
North, Range 44 East, Willamette Meridian, Spokane County, Washington. The site is addressed
at 11200 East 4th Avenue, Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45212.1006. The site is
legally described on the site plan of record.
4. The applicant and site owner is Mark McManus, 921 South Monroe Street No. 5,
Spokane, WA 99204.
5. On September 14, 2004, the applicant submitted a complete application for the subject zone
reclassification and the site plan of record.
6. On October 26, 2004, the City Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not timely
appealed.
7. The Hearing Examiner conducted a site visit on November 18, 2004, and conducted a
public hearing on November 18, 2004. The requirements for notice of public hearing were met.
HE Findings, Conclusions and Decision REZ-16-04 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 04-012, and the City Hearing Examiner Rules of
Procedure.
9. The following persons testified at the public hearing:
Micki Harnois, Associate Planner Sandra Raskell
City of Spokane Valley Assistant Development Engineer
11707 E Sprague Avenue Ste 106 City of Spokane Valley
Spokane Valley, WA 99206-6110 11707 E Sprague Ave Ste 106
Spokane Valley, WA 99206-6124
Greg McCormick, Planning Manager Mark McManus
City of Spokane Valley 14522 E. Valleyway
11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99216
Spokane Valley, WA 99206
John Gomez
11015 E. 5th Court
Spokane Valley, WA 99216
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-16-04 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 approximately.97 acre, or 42,289 square feet in size, and is relatively flat in
topography. The property is currently improved with a single-family residence with detached
garage, and a barn. The site is vegetated with residential landscaping around the house; and
deciduous trees, shrubs and grass.
13. The site plan of record submitted on September 14, 2004 shows the existing improvements
on the site. The applicant plans to construct three (3) four-plexes on the site, along with the
existing single-family home. This would require a short plat. Approval of the short plat and
duplex construction would be administrative and is not subject to review by the Hearing
Examiner.
14. Effective January 1, 1991, the zoning of the site and nearby land 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.
HE Findings, Conclusions and Decision REZ-16-04 Page 2
15. 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.
16. The County Comprehensive Plan designated the site and neighboring land in the Urban
Activity Center category of the County Comprehensive Plan. Such plan designated the land
lying approximately 650 feet north and northeast of the site in the Regional Commercial
category; the land lying northeast of the intersection of Bowdish Avenue and Fourth Avenue,
approximately 900 feet east of the site, in the High Density Residential category; and the land
lying southeast of the intersection of Bowdish Avenue and Fourth Avenue, approximately 900
feet east of the site, in the High Density Residential category of
17. The County Comprehensive Plan designated the land lying approximately 650 feet north
and northeast of the site in the Regional Commercial category; the land lying northeast of the
intersection of Bowdish Avenue and Fourth Avenue, approximately 900 feet east of the site, in
the High Density Residential category; and the land lying southeast of the intersection of
Bowdish Avenue and Fourth Avenue, approximately 900 feet east of the site, in the High Density
Residential category.
18. The County Phase I Development Regulations designated the site and area in the UGA.
Such regulations retained the zoning of the site and neighboring land.
19. On March 31, 2003, the City of Spokane Valley was incorporated, and included the site
surrounding land within the city's boundaries. 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.
20. 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.
21. The land lying near the site is improved with single-family homes on lots of various size.
Some duplexes and single-family homes for rent are found near the site. A 100-foot wide right
of way owned by Spokane County is located less than 600 feet north of the site, in an abandoned
railroad right of way. A County sewer interceptor is located in such right of way.
22. A large multi-family condominium development lies approximately 360 feet northwest of
the site, along Pierce Road and the north side of Fourth Avenue, on land zoned UR-22.
Apartment housing is found approximately 530 feet northeast of the site along the north side of
Fourth Avenue, west of Bowdish Avenue, on land zoned UR-22. A UR-7 zone is found farther
to the east, at the southwest corner of the intersection of Bowdish Avenue and Fourth Avenue.
HE Findings, Conclusions and Decision REZ-16-04 Page 3
23. The City Arterial Road Plan map designates Fourth Avenue as an Urban Collector Arterial,
Bowdish Avenue as an Urban Minor Arterial and Sprague Avenue to the north as an Urban
Principal Arterial. Such map designates a future Urban Principal Arterial in the County right of
way located approximately 600 feet north of the site. The other roads in the vicinity are
considered Urban Local Access roads. Sprague Avenue constitutes a significant transportation
and commercial corridor in the area.
24. The owner(Warren Walker) of property located directly south of the site submitted a letter
regarding the proposed rezone, which did not oppose approval of the rezone or planned duplex
construction on the site,but recommended that the screening required by the Zoning Code along
the perimeter of the site with UR-3.5 zoning be a 6-foot tall, chain-link fence with sight-
obscuring slats, rather than less durable wood fencing.
25. The owner(John Gomez) of a single-family residence located approximately 450 feet west
of the site, along Fifth Court, expressed concern regarding the proposed rezone based on density
and multi-family development,needed improvements to Fourth Avenue,traffic impacts, air
quality and increased crime; and concurrency for water, transportation, sewer, police and schools.
26. The Staff Report sets forth applicable policies of the Comprehensive Plan. However,
policy UL.9.2 cited in the Staff Report generally does not apply to the Urban Activity Center
category of the Comprehensive Plan.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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
HE Findings, Conclusions and Decision REZ-16-04 Page 4
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.
32. The County 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.
33. Since incorporation, the City of Spokane Valley has not yet implemented 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.
34. 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.
35. 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.
36. 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.
37. Under the City Phase I Development Regulations, the zones implementing the Urban
Activity Center category of the Comprehensive Plan for rezone purposes are limited to the Urban
Residential-22 (UR-22),Neighborhood Business (B-1) and Community Business (B-2) zones.
Considering the dominance of residential housing in the area, the distance from the site to the
Sprague Avenue commercial corridor, and the location of other UR-22 zoning in the area, the
most suitable zone for the site is the UR-22 zone.
38. 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 is located along an Urban Collector
Arterial and is near Bowdish Avenue, an Urban Minor Arterial; is within close commuting
HE Findings, Conclusions and Decision REZ-16-04 Page 5
distance of the Sprague Avenue transportation and commercial corridor; and is within walking
distance of public transit. A high level of public services is available to the site.
39. 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. Such
screening may consist of a sight-obscuring fence, wall or solid landscaping. This will adequately
buffer site development from neighboring single-family residences. It would be inappropriate for
the Examiner to specify the type of fencing, since the Examiner is not approving any particular
development of the site under the rezone.
40. The City Zoning Code requires the installation of 20 feet of Type I landscaping adjacent to
public roads in the UR-22 zone, which assures aesthetics along public roads.
41. City Engineering Division conditions of approval will require the applicant to dedicate
additional right of way for Fourth Avenue adjacent to the site, upon any land division or building
permit issued for the applicant's proposed duplex project.
42. 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. Spokane County certified the
availability of public sewer for the site, and Modern Electric Water Company certified the
availability of public water.
43. 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. The
applicant is not required to illustrate direct concurrency for other public services such as schools,
park, police or fire.
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. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare. Certain conditions of
approval submitted by commenting agencies have been reserved until the time of building permit
or land division.
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.
HE Findings, Conclusions and Decision REZ-16-04 Page 6
Based on the above findings of fact, the Hearing Examiner enters the following:
III. 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.
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.
IV. 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.
HE Findings, Conclusions and Decision REZ-16-04 Page 7
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.
SPOKANE VALLEY DEPARTMENT OF PUBLIC WORKS—ENGINEERING
DIVISION
1. Fourth Avenue is designated as an Urban Collector. Current right-of-way is 40 feet. A
right-of-way dedication of 1.5 feet is required. A border easement of 10 to 13 feet (depending on
drainage) is required.
2. A Temporary Erosion and Sedimentation Control (TESC)plan,prepared by a Washington
State licensed Professional Engineer, shall be prepared and submitted with the site construction
plans. The TESC plan is to follow 1998 Spokane County Guidelines for Stormwater
Management. The TESC structures (such as silt ponds, silt traps) are to be installed prior to the
start of site work, and the TESC measures are to be implemented and maintained throughout the
duration of construction and until the site has stabilized.
3. The permittee is responsible for arranging for all necessary utility adjustments, relocations,
or improvements as required for completion of the project. The developer needs to contact the
purveyors of each affected utility regarding private service, utility improvement, and any
relocation and adjustment costs. All rigid objects shall be located out of the clear zone. These
clear zone requirements can be found in the Spokane County Road and Sewer Standards.
4. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system. Approach design shall follow the current Spokane Valley Street
Standards.
SPOKANE COUNTY DIVISION OF UTILITIES
1. A wet (live) sewer connection to the area-wide Public Sewer System shall be constructed.
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
HE Findings, Conclusions and Decision REZ-16-04 Page 8
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.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1. Dust emissions during demolition, construction, and excavation projects shall be
controlled. Appropriate measures shall include but are not limited to the use of water sprays,
tarps, sprinklers or suspension of activity during certain weather conditions.
2. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto
paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken
immediately to clean these surfaces.
3. Debris generated as a result of this project shall be disposed of by means other than
burning.
4. All traveled surfaces (i.e. ingress, egress,parking areas, access roads, etc.) should be paved
and kept clean to minimize dust emissions.
5. If objectionable odors result from this project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
6. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
7. A Notice of Construction and Application for Approval is required to be submitted and
approved by SCAPCA prior to the construction, installation, or establishment of an air pollution
source. This includes emergency generators rated at 500 hp (375 kW) or higher, natural gas
heating equipment units rated at 4 MMBTU/hr or higher(input), and heating equipment units
fired with other fuels (e.g. diesel) rated at 1 MMBTU/hr(input) or higher. The applicant shall
contact SCAPCA for a Notice of Application.
8. A Notice of Intent must be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application.
HE Findings, Conclusions and Decision REZ-16-04 Page 9
SPOKANE REGIONAL HEALTH DISTRICT
1. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
2. Water service shall be coordinated through the Director of Utilities, Spokane County.
3. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
4. A public sewer system will be made available for the project.
5. The use of private wells and water systems is prohibited.
WASHINGTON STATE DEPARTMENT OF ECOLOGY(SPOKANE OFFICE)
1. The applicant should consult the local comprehensive solid waste management plan to see
if it contains recycling requirements that may impact the project. Contact local solid waste
officials, garbage haulers, and recyclers for available recycling services.
2. The applicant should consider designing the project so opportunities to recycle are at least
as convenient as waste disposal. Try to provide adequate, properly located space inside and
outside the project to accommodate equipment and containers for processing and storage of
recyclables. Plan to recycle items such as paper, glass, aluminum and other metals, corrugated
containers and plastics.
3. The applicant should consider providing the means for on-site food waste recycling, such as
vermicomposting(worm), or food waste composting.
4. The applicant is encouraged to use construction products containing recycled and non-toxic
materials whenever possible, to reuse and recycle all leftover construction materials, reduce
waste generated and practice"Green Building"principals in all aspects of the project. Recycling
construction debris is typically less expensive than disposal. Please contact James Wavada at
(509) 329-3545 for assistance.
5. The applicant proposes to demolish an existing structure(s). Item B.7a of the checklist asks
if there are any environmental health hazards that could occur as a result of the proposal.
Improper disposal of solid waste, including demotion waste, can result in environmental health
hazards. We encourage the applicant to salvage,reuse, and recycle as much of the waste as
possible. Recycling demolition debris is typically less expensive than disposal. Otherwise, the
demolition waste must be disposed of at a permitted waste handling facility.
6. Landscaping should incorporate waste prevention measures and the use of organic
materials. Water needs are reduced by use of native and drought tolerant plantings, compost
HE Findings, Conclusions and Decision REZ-16-04 Page 10
material, mulch, and drip irrigation. Pesticide and herbicide use is eliminated or reduced by use
of pest resistant and native plantings. Compost is also an effective soil amendment. Chipped
woody debris can be used to mulch ornamental beds, suppress weeds, retain moisture, control
erosion, and provide a base for pathways. The use of organic debris generated on-site for
landscaping, if possible, is also recommended.
7. During daily operations of the facility, use of products and supplies that are recyclable
and/or made from recycled materials is recommended. Use of low-toxic or non-toxic products
for cleaning,maintenance, and other purposed is encouraged. Practicing waste prevention
methods is also important.
DATED this 10th day of December, 2004
CITY HEARING EXAMINER PRO TEM
e r ... -ie
Micha C. Dempsey, WSBA#8235 'I
HE Findings, Conclusions and Decision REZ-16-04 Page 11
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 03-57, 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 December 10, 2004. THE APPEAL CLOSING DATE IS DECEMBER
27, 2005 (counting to the next business day when the last day for appeal falls on a weekend
or holiday).
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.
HE Findings, Conclusions and Decision REZ-16-04 Page 12