REZ-08-04 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: Hospice of Spokane ) AND DECISION
File No. REZ-08-04 )
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone from the UR-3.5 zone to the UR-7 zone.
Summary of Decision: Approve rezone 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-7 (UR-7)zone, on approximately 10.1 acres of land, to
allow development of a hospice care center.
2. The site is located along the west side of Conklin Road, at the northerly terminus of Sonora
Road and the easterly terminus of Alki Avenue, in Spokane Valley, Washington; and in the SW
1/4 of Section 13, Township 25 North, Range 44 East, Willamette Meridian, in Spokane County,
Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45133.0115, and is
addressed at 601 N. Conklin Road, Spokane Valley, Washington. The subject property is legally
described on the site plan of record.
4. The applicant and the site owner is Hospice of Spokane, 121 S. Arthur Street, P.O Box
2215, Spokane, Washington 99210-2215.
5. On May 27, 2004, the applicant submitted a complete application to the City of Spokane
Valley Department of Community Development, in File No. REZ-08-04.
6. On July 30, 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 August 17, 2004, and conducted a public
hearing on the application on August 19, 2004. The requirements for notice of public hearing
were met.
HE Findings, Conclusions and Decision REZ-08-04 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 Craig L. Winder
Department of Community Development Paine Hamblen Coffin Brooke &Miller
City of Spokane Valley 717 W Sprague Ave Ste 1200
11707 E. Sprague Avenue, Suite 106 Spokane, WA 99201-3505
Spokane Valley, WA 99206
Shirley Torgrimson Diane Hunter
519 N Conklin Rd 520 N. Conklin Road
Spokane Valley, WA 99037-9539 Veradale, WA 99037
Jason Kamp Anthony A. Rockhold
618 N. Conklin 423 N. Conklin Road
Veradale, WA 99037 Spokane Valley, WA 99037
Jeff Warner
203 N. Washington Suite 400
Spokane, WA 99201
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code,
City Subdivision Ordinance, City 2001 Standards for Road and Sewer Construction, City Code,
other applicable development regulations, and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-08-04 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 subject property is 10.1 acres in size,relatively flat in topography and undeveloped.
The property is vegetated with deciduous and evergreen trees, shrubs and grass.
13. The purpose of the rezone application is to change the zoning of the site,but not to
authorize any specific development. If the rezone is approved, the applicant plans to develop a
20-bed hospice care center on the site. The site plan dated July 20, 2004 illustrates a 16,000-
square foot "hospice house",with 33 parking spaces for visitors and 26 parking spaces for staff,
in the middle of the site. Access would be limited to Conklin Road.
14. Effective January 1, 1991, Spokane County reclassified the zoning of the site 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.
HE Findings, Conclusions and Decision REZ-08-04 Page 2
15. Effective January 15, 2002, Spokane County implemented a new County Comprehensive
Plan,Urban Growth Area(UGA)boundaries and County 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.
16. The County Comprehensive Plan designated the site and neighboring land in the Low
Density Residential category; except for 1.6 acres of land lying between the west half of the site
and Broadway Avenue, which were designated in the High Density Residential category; and
except for the land lying northerly of Broadway Avenue in the area, which is designated in the
Regional Commercial category. Eight (8) acres of land lying south of Valleyway Avenue, south
of the site,were designated in the Medium Density Residential category.
17. The County Phase I Development Regulations retained the UR-3.5 and UR-7 zoning of the
neighboring land designated in the Low Density Residential category of the County
Comprehensive Plan. Such land is developed with single-family residences and some duplexes,
on lots of various size, including some acreage lots located east and south of the site, and more
urban-sized lots located to the north and west.
18. The County Phase I Development Regulations retained the UR-22 zoning of the 1.6 acres
of land located north of the site designated in the High Density Residential category. Such land
was rezoned by the County in 2000 to the UR-22 zone, for the development of professional,
business or medical offices. Such land is currently developed with single-family homes. See
decision in File No. ZE-13-00.
19. The County Phase I Development Regulations retained the Regional Business (B-3) zoning
of the land located to the north designated in the Regional Commercial category of the County
Comprehensive Plan, which land is developed with intensive commercial uses. Such regulations
retained the UR-22 zoning of the eight(8) acres of land lying south of Valleyway designated in
the Medium Density Residential category of the County Comprehensive Plan,which land is
developed with a retirement center. The County rezoned such land to the UR-22 zone in 2000.
See decision in File No. ZE-20-00.
20. On March 31, 2003, the subject property and surrounding land were officially incorporated
into the City of Spokane Valley. On the same date,the City adopted by reference, as City land
use controls, the County's Comprehensive Plan, Zoning Code, Phase I Development Regulations
and certain other development regulations, with certain revisions. The City Comprehensive Plan,
and City Zoning Code and map, respectively retained the comprehensive plan and zoning
designations for the site and area contained in the County's comprehensive plan and zoning code.
21. The City Arterial Road Plan designates Broadway Avenue as an Urban Minor Arterial,
Valleyway Avenue as a Collector Arterial, and Sullivan Road as an Urban Principal Arterial in
the vicinity. Conklin Road and other nearby roads are considered Local Access roads. Conklin
Road provides a route between Broadway Avenue and Sprague Avenue,both of which are
designated as Urban Principal Arterials.
HE Findings, Conclusions and Decision REZ-08-04 Page 3
22. Homeowners of three parcels of land located along Conklin Road east of the site submitted
letters and/or testimony in opposition to the proposed rezone. This included concerns over the
proposed business use of the site in a residential neighborhood, increased traffic on Conklin
Road, and potential glare from the parking lots of the hospice care center planned for the site.
One owner of property located along Conklin Road and one owner of property located along
Broadway Avenue near the site indicated support for the proposed rezone.
23. The City 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.
24. 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,hospitals and various other uses. The UR-3.5 zone permits a
maximum residential density of 4.35 dwelling units per acres.
25. On July 23, 2004, the Examiner issued a written decision concluding that a hospice care
center, such as that currently planned for the site,resembles a hospital, and is a permitted use in
the UR-3.5 zone. Such decision pertained to an appeal filed by the applicant of the
administrative determination issued by the City Department of Community Development in
2004,which concluded that a hospice care center was more similar to a nursing or convalescent
home than a hospital, and therefore was not a permitted use in the UR-3.5 zone. See decision in
File No. AI-01-04.
26. 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 City 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.
27. The UR-7 zone permits the development of single-family homes, duplexes, multi-family
dwellings, nursing/convalescent homes,hospitals and various other uses. A hospice care center
is a permitted use in the UR-7 zone,whether characterized as a"hospital" or a"nursing home,
convalescent home"use. See decision in File No. AI-01-04.
28. The Low Density Residential category of the Comprehensive Plan is intended primarily for
the development of residential land uses. Policy UL.9.1 of the Comprehensive Plan 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 City 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.
HE Findings, Conclusions and Decision REZ-08-04 Page 4
29. Policy UL.2.20 of the Comprehensive Plan recommends that new developments be
arranged in a pattern of connecting streets and blocks to allow people to get around easily by all
modes of transportation; but indicates that cul-de-sacs or other closed street systems may be
appropriate under certain circumstances.
30. Policy UL.2.26 of the Comprehensive Plan recommends that effective landscape buffers
and/or transitional uses be required between incompatible industrial, commercial and residential
land uses to mitigate noise, glare and other impacts associated with the uses.
31. Policy UL.8.1 of the Comprehensive Plan recommends the provision of mixed income
development in residential areas and the encouragement of opportunities for co-housing and
shared community resources, where appropriate.
32. Policy UL.13.5 of the Comprehensive Plan, cited in the Staff Report, does not apply to the
proposed rezone,because such policy only applies to development in the commercial land use
categories of the Comprehensive Plan.
33. The UR-7 zone requires the installation of a 6-foot high, sight-obscuring fence, wall or
solid landscaping adjacent to land zoned UR-3.5, except adjacent to a public road or alley. See
Zoning Code 14.618.365. Such screening would be required along the east and west boundaries
of the site, and along a portion of the north boundary of the site, adjacent to UR-3.5 zoning,
except where adjacent to a public road. Such requirement does not apply in the UR-3.5 zone.
34. Section 14.806.040 (1)(e) of the Zoning Code requires the installation of 10 feet of Type I
(sight-obscuring) landscaping adjacent to UR-3.5 through UR-22 zoning, except adjacent to a
public road, for public or institutional uses. If a hospice care center is developed on the site, such
landscaping would be required along all borders of the site except where adjacent to public roads.
35. Section 14.806.040 (4) of the Zoning Code requires the installation of five (5) feet of Type
III(see-through buffer) landscaping adjacent to public roads, for all public or institutional uses.
If a hospice care center is developed on the site, such landscaping would be required along the
portions of the borders of the site adjacent to public roads.
36. A preliminary traffic analysis submitted by the applicant for the proposed hospice center
indicates that the traffic impact from the planned hospice center would likely not exceed the
traffic impact from development of the site for single-family residences under the existing UR-
3.5 zone. See testimony of Micki Harnois.
37. The MDNS requires the submittal of a traffic study before site development. The Staff
Report indicates that developers of land in the area have contributed monies to the City for the
future signalization of Conklin Road,but that it is currently not known when such signalization
would occur.
38. If the site is developed for a hospice care center under the UR-7 zone, City Engineering
would require the applicant to improve Conklin Road adjacent to the site by adding additional
HE Findings, Conclusions and Decision REZ-08-04 Page 5
asphalt, curb and sidewalk; and dedicate right of way and a border easement for Alki Avenue.
Access along Conklin for the planned hospice center would impact fewer homes than access via
Alki Avenue or Sonora Road.
39. County Utilities and the local water district certified that public sewer and water would be
available to serve the subject property. The proposal meets the sewer and water concurrency
requirements of the City Phase I Development Regulations.
40. The Staff Report indicates that low-density lighting will be required in the development of
the planned hospice care center,which lighting is designed to shine light downward and not onto
adjacent properties.
41. 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.
42. 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.
43. Changed conditions have occurred in the area since the zoning of the site was reclassified
to the UR-3.5 zone in 1991. This includes the extension of public sewer to the area, adoption of
the City Comprehensive Plan and City Phase I Development Regulations, incorporation of the
City of Spokane Valley, approval of the rezones to the UR-22 zone to the north and south,
increased traffic along Broadway Avenue, and residential and commercial growth in the area.
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-7 zone, the City Zoning Code
and other applicable development regulations.
HE Findings, Conclusions and Decision REZ-08-04 Page 6
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 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-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.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. 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 within a maximum period of twenty-four hours from the time of discovery, the City
of Spokane Valley Community Development Department of said discovery.
2. To reduce noise impacts to the surrounding properties resulting from construction, the
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. and 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.
3. Other conditions of approval will apply at the time of building permit or the development of
uses on the site.
HE Findings, Conclusions and Decision REZ-08-04 Page 7
4. Upon expiration of the appeal period, 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.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
1 A trip generation and distribution letter shall be submitted for review and approval prior to
the release of any building permit(s). Other conditions of approval will also be applicable at the
time of building permit or development of the site.
SPOKANE COUNTY DIVISION OF UTILITIES
1. Pursuant to the City Phase I Development Regulations, a wet(live) sewer connection to the
area-wide Public Sewer System is to be constructed. A 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
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 finalization of the preliminary plat.
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.
HE Findings, Conclusions and Decision REZ-08-04 Page 8
•
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. 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.
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.
DATED this 6th day of October, 2004
CITY HEARING EXAMINER PRO TEM
C
Micha C. Dempsey, WSBA#8
HE Findings, Conclusions and Decision REZ-08-04 Page 9
•
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 03-057, as amended by City
Ordinance Nos. 03-081 and 04-012, the decision of the Hearing Examiner on an application for a
zone reclassification is final and conclusive unless within fourteen(14) calendar days from the
Examiner's written decision, a party of record aggrieved by such decision files an appeal with the
City Council of the City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane
Valley, Washington.
City Ordinance No. 04-012 provides that where the Examiner's Decision recommends
approval of a rezone proposal and no appeal has been filed within the time period set forth above,
the City Manager or designee shall modify the official zoning map of the City according to the
Examiner's decision; which action shall be considered the final legislative action of the City
Council and considered an"official control" of the City.
This decision was mailed by certified mail to the Applicant, and by first class mail to
other parties of record, on October 6, 2004. THE APPEAL CLOSING DATE IS OCTOBER
20, 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 maybe
inspected during normal working hours, listed as Monday-Friday of each week, except holidays,
between the hours of 8:30 a.m. and 5:00 p.m. After the appeal period, the file may be inspected
at the City of Spokane Valley Department of Community Development, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, WA, (509) 921-1000. Copies of the
documents in the record will be made available at the cost set by the City of Spokane Valley.
Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision REZ-08-04 Page 10