REZ-14-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification )
from the Urban Residential-7 (UR-7) Zone ) FINDINGS OF FACT,
to the Urban Residential-12 (UR-12) Zone; ) CONCLUSIONS OF LAW,
Applicant: Shane Anderson. ) AND DECISION
File No. REZ-14-04 )
I. SUMMARY OF DECISION
Hearing Matter: Application for a zone reclassification from the UR-7 zone to the UR-12 zone.
Summary of Decision: Approve application, subject to conditions of approval.
IL FINDINGS OF FACT
1. The subject application seeks approval of a zone reclassification from the Urban Residential-7
(UR-7) zone to the Urban Residential-12 (UR-12) zone, on approximately.95 acres of land, with the
intent to construct multi-family dwellings.
2. The site is located along the east side of McDonald Road, approximately 270 feet north of its
intersection with Fourth Avenue; in the NE 1/4 of Section 22, 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. 45221.9226, 45221.9227,
45221.9228 and 45221.9229. The residence on parcel no. 45221.9226 is addressed at 303 South
McDonald Road. The site is legally described as Lots 1-4 of Short Plat No. SP-1306-02, recorded at
Book 19 of Short Plat,page 16.
4. The applicant is Shane Anderson, 15903 E. 4th Avenue, Spokane Valley, Washington 99037.
The site owners are Shane Anderson and Gerald Anderson, c/o Shane Anderson, at the same
address.
5. On August 18, 2004, the applicant submitted the subject application for a zone reclassification
to the City of Spokane Valley Department of Community Development, Current Planning Division,
in File No. REZ-14-04.
6. On October 5, 2004, the City of Spokane Valley 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 October 20, 2004, and conducted a public
hearing on the proposal on October 21, 2004. The requirements for notice of public hearing were
met.
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8. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 57, 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 held on October 21, 2004:
Micki Harnois David Oleksak
Department of Community Development 221 S. McDonald Road
City of Spokane Valley Spokane Valley, WA 99216
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Phase I
Development Regulations, City Zoning Code, other applicable development regulations, and prior
land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-14-04 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 .95 acres in size and is relatively flat in topography. The site was
short platted into four(4) lots on January 16, 2004. The short plat illustrates a 20-foot wide
easement for a private drive and utility easement directly inside the north border of the site, with
easements for hammerhead turnaround easements located on the three most easterly lots. See Short
Plat No. SP-1306-02.
13. The most westerly lot in the short plat is improved with a residence and detached garage.
Public sewer was recently extended to each lot in the short plat. The property is otherwise vegetated
with deciduous trees, shrubs and grass.
13. The applicant plans to build triplexes on each lot in the short plat making up the site. This will
require the issuance of a building permit by the City
14. Effective January 1, 1991, the zoning of the site was reclassified to the Urban Residential-7
(UR-7) zone,pursuant to the Program to Implement the Spokane County Zoning Code.
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. The site and area are
located in the UGA.
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
other development regulations, with certain revisions.
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17. The City Comprehensive Plan designates the site; and neighboring land located between
Fourth Avenue and a 60-foot wide abandoned railroad right of way dedicated to Spokane County,
located 260 feet north of the site, in the Medium Density Residential category. The land lying north
of such designation, along Sprague Avenue, is designated in the Regional Commercial category.
The land lying south of Fourth Avenue in the vicinity is designated in the Low Density Residential
category.
18. The land lying north, south, directly southwest and east of the site is zoned UR-7 and is
developed with single-family residences on lots of various size. The land lying further to the
southwest, and the land lying west and northwest of the site, is UR-22 and developed for multi-
family dwellings. Some multi-family dwellings, on land zoned UR-3.5, are found along the south
side of Fourth Avenue in the vicinity. Intensive commercial uses and zoning are located along
Sprague Avenue in the area.
19. The Comprehensive Plan designates McDonald Road as an Urban Minor Arterial, Fourth
Avenue as an Urban Collector Arterial, and Sprague Avenue and Evergreen Road as Urban
Principal Arterials. The Comprehensive Plan also designates a future Urban Principal Arterial in
the 60-foot county right of way located to the north, which currently contains a County public sewer
interceptor. State Route No. 27 (Pines Road) is located approximately one-half(1/2)half mile west
of the site.
20. The project will be served with public sewer and water, and as conditioned complies with the
public sewer and water concurrency requirements of the City Phase I Development Regulations.
21. The owner(John Hammer) of a .81-acre lot bordering the middle of the site for 145 feet on the
south, and improved with a single-family residence, expressed opposition to the proposed rezone,
based on the condition of the house currently being rented on the site and future rentals on the
property.
22. The owner(David Oleksak) of a .44-acre lot bordering the site on the north, fronting along
McDonald Road and improved with a single-family residence did not oppose the proposed rezone,
but expressed concerns regarding air pollution,noise and congestion from increased traffic
generated by the proposal; and recommended a property manager to manage the rental units
developed on the site.
23. The Medium Density Residential category of the Comprehensive Plan contemplates a range of
residential densities of 6-15 dwelling units per acre. The UR-12 zone and the UR-7 zone are the
implementing zones for the Medium Density Residential category, under the Phase I Development
Regulations.
24. Policy UL.2.16 of the Comprehensive Plan encourages the location of Medium Density
residential categories near commercial areas and open public spaces, and on sites with good access
to major arterials. Policy UL.2.17 recommends that multi-family dwellings be established
throughout the UGA,by integration into small, scattered parcels throughout existing residential
areas; and built to the scale and design of the community and neighborhood, and contributing to an
area-wide density that supports transit and allows for a range of housing choices.
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25. The intent and purpose of the UR-12 zone is to add to the variety of urban housing types and
densities, set standards for the orderly development of residential property in a manner that is
compatible with surrounding land uses and assures the protection of property values. Business or
professional offices, but not medical offices, are permitted in such zone to provide some of the
service needs generated by high-intensity land uses. UR-12 zone areas are typified by multi-family
residences, which are frequently used to provide a transition between low-density residential zones
and intensive business zones. The maximum residential density permitted in such zone is 12
dwelling units per acre.
26. The City has not adopted regulations to fully implement the policies of the Comprehensive
Plan for land designated in the Medium Density Residential category.
27. The site is located along an Urban Minor Arterial, and near the intersection of such arterial and
an Urban Collector Arterial. Multi-family dwellings on land zoned UR-22 zoning are found a short
distance to the west, northwest and southwest. The property has convenient access to the major
commercial and transportation corridor along Sprague Avenue. Under these facts, the UR-12 zone
is a suitable zone for the site to implement the policies of the Medium Residential category. The
proposal otherwise implements the policies of the Comprehensive Plan, as set forth in the Staff
Report.
28. There is no competent evidence in the record that increased traffic from the approval of the
rezone will have any significant adverse impact on the transportation system in the area. The
applicant will have to comply with the conditions of approval attached to the short plat approval in
the development of the site.
29. The City Zoning Code does not require buffering for UR-12 zones or multi-family housing
located adjacent to land zoned UR-7, including the land lying north, east and south of the site. The
applicant will be required to install 20 feet of Type III landscaping along the frontage of the site with
McDonald Road. The applicant evicted the person renting the existing unit on the site, who caused
some littering problems for Mr. Hammer.
30. The proposal has been conditioned for compliance with the UR-12 zone and the 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.
31. 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 Phase I Development Regulations, and incorporation of the City of
Spokane Valley.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed zone reclassification conforms to the City Comprehensive Plan.
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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-12 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. 57, as amended by City Ordinance Nos. 03-081 and
04-012.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
zone reclassification to the Urban Residential-12 (UR-12) zone is hereby approved, subject to the
conditions of the various agencies specified below.
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.
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.
HE Findings, Conclusions and Decision REZ-14-04 Page 5
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. To reduce noise impacts to the surrounding properties resulting from construction, hours of
on-site construction shall be authorized as follows: 1)between 7:00 a.m. and 7:00 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.
SPOKANE VALLEY DEPARTMENT OF PUBLIC WORKS—ENGINEERING DIVISION
1. McDonald Road is designated as a Minor Arterial. Current right-of-way is 50 feet. A right-
of-way dedication of 2 feet is required. A border easement of 13 feet 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.
SPOKANE COUNTY DIVISION OF UTILITIES
1. A wet (live) sewer connection to the area-wide Public Sewer System is to 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.
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2. The applicant shall submit expressly to the Spokane County Division of Utilities, under
separate cover, only those plan sheets showing sewer plans and specifications for the public sewer
connections and facilities for review and approval. Commercial developments shall submit
historical and or estimated water usage as part of the sewer plan submittal.
3. Sewer plans acceptable to the Spokane County Division of Utilities shall be submitted prior to
the issuance of the sewer connection permit.
4. Any water service for this project shall be provided in accordance with the Coordinated Water
System Plan for Spokane County, as amended.
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.
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.
3. 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 material, mulch,
and drip irrigation. Pesticide and herbicide use is eliminated or reduced by use of pest resistant and
HE Findings, Conclusions and Decision REZ-14-04 Page 7
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.
DATED this 23rd day of November, 2004
CITY HEARING EXAMINER PRO TEM
Michael C. Dempsey, WSBA#8231/
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 57, 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.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on November 23, 2004. THE APPEAL CLOSING DATE IS DECEMBER 7,
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 Department of Community Development, 11707 E. Sprague Avenue, Spokane
Valley, Washington, (509) 921-1000. 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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