REZ-02-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification )
from the Urban Residential-3.5 (UR-3.5) ) FINDINGS OF FACT,
Zone to Urban Residential-7 (UR-7) Zone; ) CONCLUSIONS OF LAW,
Applicant: Al Severson ) AND DECISION
File No. REZ-02-04 )
This matter coming on for public hearing on March 25, 2004, the Hearing Examiner, after
review of the subject application and the entire record, and finding good cause therefore,hereby
makes the following findings of fact, conclusions of law and decision:
I. FINDINGS OF FACT
1. The subject application seeks approval of a zone reclassification from the Urban Residential-
3.5 (UR-3.5) zone to the Urban Residential-7 (UR-7) zone, on approximately 0.87 acres of land.
2. The site is located east of and adjacent to Felts Road, approximately 100 feet north of the
intersection of Broadway Avenue and Felts Road; in the NE 1/4 of Section 17, township 25 North,
Range 44 East, Willamette Meridian, in Spokane County, Washington.
3. The site consists of County Assessor's tax parcel nos. 45171.1533, 45171.1534 and
45171.1535. The site is addressed at 810 N. Felts Road, 814 N. Felts Road and 818 N. Felts Road,
in Spokane Valley, Washington.
4. The subject property is described legally as Short Plat No. SP-1222-99,per short plat
recorded at Book 18, Page 56 of Plats, records of Spokane County Auditor; EXCEPT Tract"A"
thereof. The final short plat was approved by Spokane County, and recorded with the County
Auditor on March 28, 2003.
5. The applicant and the site owner is Al Severson, P.O. Box 141735, Spokane Valley, WA
99214-1735.
6. On January 29, 2004, the applicant submitted the subject application for a rezone to the
City Department of Community Development.
7. On March 10, 2004, the Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not appealed.
8. 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.
HE Findings, Conclusions and Decision REZ-02-04 Page 1
9. 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.
10. The following persons testified at the public hearing:
Micki Harnois, Current Planning Al Severson
Department of Community Development PO Box 141735
City of Spokane Valley Spokane Valley, WA 99214-1735
11707 East Sprague Avenue, Suite 106
Spokane Valley, WA 99206
Don Ramsey Kevin Snyder, Manager
Traffic Engineering Current Planning
City of Spokane Valley City of Spokane Valley
11707 E Sprague Ave Ste 106 11707 E. Sprague Avenue
Spokane Valley, WA 99206-6124 Spokane Valley, WA 99206
Fred Shiosaki John D. Clark
10406 E. Dean 10310 E. Dean Ave.
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Elwood Monteith Kenneth Smith
10410 E. Dean 822 N. Felts
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Lynn Tobert James E. Swinney
10322 E. Dean 10314 E. Dean
Spokane Valley, WA 99206 Spokane Valley, WA 99206
11. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code, City
Subdivision Ordinance, 2001 City Standards for Road and Sewer Construction, City Code, other
applicable development regulations, and prior land use decisions in the vicinity.
12. The record includes the documents in File No. REZ-02-04 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. The Examiner excludes from the record the memorandum from the City
Traffic Engineer dated March 30, 2004, containing traffic information, because it was received
after the public hearing was closed on March 25, 2004.
13. The site is .87 acres in size and is relatively flat in topography, with a slight slope on the east
portion of the site. The subject property is undeveloped, and consists of Tracts "B", "C" and"D"
of Short Plat No. SP-1222-99. A shed is found at the intersection of Tracts `B", "C" and"D"; and
a mature tree is found on the north property line and south property line.
HE Findings, Conclusions and Decision REZ-02-04 Page 2
14. The final short plat map illustrates access to the three (3) tracts making up the site via a 27-
foot wide ingress/egress/utility/sewer easement located in the west extension of Tract`B", which
easement extends due east from Felts Road for 85 feet. The easement widens into an 84-foot
wide, emergency turnaround/hammerhead in Tracts `B" and"C", before terminating at Tract"D"
in the east portion of the site. See final short plat map.
15. The purpose of the proposed rezone is to allow the development of five (5) dwelling units on
the site, instead of only three (3) dwelling units that could be developed under the existing UR-3.5
zoning of the site. The applicant plans to develop two-family dwellings (duplexes) on Tracts `B"
and "C" (north and south tracts), and a single-family dwelling on Tract"D" (east tract). The shed
on the site would be removed for such development.
16. Effective January 1, 1991, the zoning of the site was reclassified from its zoning under the
now expired Spokane County Zoning Ordinance to the UR-3.5 zone, pursuant to the Program to
Implement the Spokane County Zoning Code.
17. On February 18, 2000, the Spokane County Division of Planning approved a preliminary
short plat, in County File No. SP-1222-99, to divide the 1.16 acres of land, including the current
site, into four(4) lots for the development of single-family dwellings. The preliminary approval
was conditioned on only one (1) single-family residence being built on each lot, and the residential
density of the preliminary short plat not being increased, at the time of final plat approval. See
decision dated 2-18-03 in County File No. SP-1222-99. The lot boundaries in the final short plat
differ somewhat from the preliminary short plat.
18. The preliminary short plat approval in File No. SP-1222-99 required the applicant to add 5-7
feet of asphalt, curb and sidewalk along the frontage of the site with Felts Road; through a future
Road Improvement District; install a private driveway and associated turnaround to serve the three
(3) tracts created on the current site; and extend public sewer and water to the short plat.
19. 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 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.
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 Comprehensive Plan, Zoning Code, Phase I Development Regulations and
other development regulations, with certain revisions.
21. On June 4, 2003, the Hearing Examiner approved an application submitted by Al Severson to
rezone a .5-acre lot located along the north side of Broadway Avenue, one (1) lot west of Felts
Road and 140 feet west of the site, from the UR-3.5 zone to the UR-7 zone. The purpose of the
rezone was to allow the lot to be short-platted into one lot for an existing single-family residence
HE Findings, Conclusions and Decision REZ-02-04 Page 3
located along Broadway Avenue, and a northerly lot to be developed for a duplex. Access and
sewer service for the proposed duplex lot is via an existing 20-foot wide access and utility
easement, that extends from the proposed duplex lot east to Felts Road, directly opposite the
entrance to the current project. Such project is currently being developed. See decision in File No.
ZE-04-03.
22. The City Comprehensive Plan designates the site and neighboring land in the Low Density
Residential category. The Phase I Development Regulations retained the existing zoning on the
site and in the area. The land located near the site is zoned UR-3.5, except for the lot located to
the west rezoned to the UR-7 zone in 2003. The land located in the vicinity is dominated by
single-family housing. A nonconforming convenience store on a lot zoned UR-3.5 is found across
Broadway Avenue from the site. Scattered duplexes are found to the west, north and east.
23. An elementary school is located over one-fourth(1/4)mile to the west, along the south side
of Broadway Avenue. The nearest City park is located approximately one-third(1/3) mile south of
the site. A transit stop is located southeast of the site approximately 1,000 feet east of the site, at
the intersection of Broadway Avenue and University Road.
24. The City Arterial Road Plan designates Broadway Avenue and University Road in the area as
Urban Principal Arterials,while Felts Road is considered an Urban Local Access street. Broadway
Avenue is improved to a 4-lane arterial road section, including curb and sidewalk. Felts Road has
a right of way width of 40 feet between Broadway Avenue and the north boundary of the site
extended west, has a right of way width of 50 feet north of such point, and lacks curb and
sidewalk.
25. Opposition to the proposed rezoned was expressed, in letters and testimony, by the owners of
the first six (6) lots located directly east of Felts Road along the south side of Dean Avenue, and
the owner of the lot located directly north of the west extension of the site to Felts Road, along the
east side of Felts Road. All such lots lie adjacent to or near the site, and are improved with single-
family residences. Two owners of lots located further to the east also expressed opposition to the
proposed rezone.
26. The opponents of the proposed rezone expressed a variety of concerns, including density and
small lot sizes, dust and noise impacts associated with the unpaved driveway that would provide
access to the tracts on the site, sight distance deficiencies at the intersection of the proposed
driveway and Felts Road, adverse impacts to property values, safety and fire protection impacts,
inconsistency of the proposed rezone with the UR-3.5 zoning in the vicinity, loss of privacy and
aesthetics, potential rental of the proposed duplex units, the adequacy of fire access, and other
concerns.
27. The Phase I Development Regulations require all zone reclassifications to be consistent with
the implementing zones specified in such regulations for the Comprehensive Plan designations
that apply to the subject property. The implementing zones for the Low Density Residential
category, in which the site is designated, are the UR-3.5 and UR-7 zones.
HE Findings, Conclusions and Decision REZ-02-04 Page 4
28. The UR-3.5 zone, which currently applies to the site, is intended to promote areas of
primarily single-family residences in an urbanized neighborhood setting. Such zone permits
single-family homes, duplexes and certain other uses. The UR-3.5 zone permits a maximum
residential density of 4.35 dwelling units per acres. The minimum frontage for both single-family
dwellings and duplex dwellings in the UR-3.5 zone is 80 feet, and the minimum lot size for both
use types is 10,000 square feet.
29. The UR-7 zone is intended to add to the variety of housing types and densities in urban areas,
and to provide standards for the orderly development of residential property in a manner that
provides a desirable living environment that is compatible with surrounding land uses and assures
the protection of property values. The UR-7 zone permits the development of single-family
homes, duplexes, multi-family dwellings and certain other uses.
30. The Phase I Development Regulations limit new residential development on land rezoned to
the UR-7 to a maximum density of six (6) dwelling units per acre. The UR-7 zone otherwise
permits a density of seven(7) dwelling units per acre. The minimum lot area in the UR-7 zone is
6,000 square feet for a single-family dwelling, and 11,000 square feet for a duplex dwelling. The
minimum frontage in the UR-7 zone is 65 feet for a single-family dwelling and 90 feet for a
duplex dwelling.
31. If the rezone is approved, the applicant proposes to develop a total of five (5) dwelling units
on the .87-acre site. This represents a density(net) of approximately 5.75 dwelling units per acre.
This is less than the maximum residential density that can be developed on the site under the UR-7
zone and Phase I Development Regulations of six (6) dwelling units per acre.
32. Tract `B" and Tract"C"of the short plat have sufficient lot areas and sufficient frontage to
be developed for duplexes in either the UR-3.5 zone or UR-7 zone, and Tract"D"has sufficient
lot area and frontage to be developed in both zones. However, the applicant would be able to
develop only three (3) dwelling units on the site under the maximum density permitted in the UR-
3.5 zone, outside of a Planned Unit Development(PUD) Overlay zone.
33. The final short plat recorded in File No. SP-1222-99, including the short plat map and
dedication, does not preclude the development of duplexes on the site, a rezone of the site to the
UR-7 zone or an increase in density on the site under such zone. The final short plat supersedes
any conditions of approval attached to the preliminary short plat approved in 2000 in File No. SP-
1222-99, to the extent they are not reflected on the final short plat map and dedication. This
includes the restrictions on increase density and limitation to single-family housing contained in
such preliminary approval.
34. 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 County seek to achieve an average residential density in new
development of at least four(4) dwelling units per acre, through a mix of densities and housing
HE Findings, Conclusions and Decision REZ-02-04 Page 5
types. Policy UL.8.1 recommends that mixed-income development be provided for in residential
areas. The proposed rezone implements these policies.
35. The UR-7 zone requires the installation of a 6-foot high, sight-obscuring fence, wall or solid
landscaping adjacent to land zoned UR-3.5, except adjacent to a public road or alley. Such
screening will help buffer adjoining single-family properties to the north and east from the
increased number of dwelling units permitted on the site under the UR-7 zone. A 6-foot high
sight-obscuring fence is located along the north, east and west borders of the single-family lot
located at the northeast corner of the intersection of Broadway Avenue and Felts Road adjacent to
the site. Department of Community Development condition#3 should be amended to require a 6-
foot high screen along the entire perimeter of the site adjacent to UR-3.5 zoning, recognizing that
such screening does not need to be installed where such screening already exists.
36. The owner of the other five (5) lots improved with single-family residences located adjacent
to the site did not comment on the proposal. The residences on the lots located to the north along
Dean Avenue are buffered from the future location of dwellings on the site by the relative length
of such lots from north to south. The two lots proposed for duplexes significantly exceed the
minimum lot sizes for duplexes required in the UR-3.5 and UR-7 zones. The site is located with
close access to Broadway Avenue, an Urban Principal Arterial.
37. Competent evidence of an appraisal nature, supported by before and after values,was not
submitted for the record to establish that approval of the rezone would have any significant
adverse impact on neighboring properties.
38. Competent evidence of a traffic engineering nature was not submitted for the record to
establish that the proposed rezone would have any significant adverse traffic impact in the area.
The City Traffic Engineer indicated that a typical duplex unit would generate significantly less
traffic impact than a typical single-family residence, and found no basis for requiring any
additional traffic improvements based on the additional dwelling units the approval of the rezone
would allow.
39. City Traffic Engineering conditions of approval require the applicant to with the conditions
of approval attached to the preliminary short plat approval in File No. REZ-02-04, and add certain
other conditions. The additional conditions include compliance with fire apparatus access and
driveway standards, including turnaround requirements. This assures adequate fire and vehicular
access for the site. The final short plat dedication in File No. SP-1222-99 contains a RID
requirement for Felts Road.
40. The fence constructed along the north and west sides of the lot located at the northeast corner
of Felts Road and Broadway Avenue may cause a sight obstruction for vehicles at the intersection
of Felts Road and the proposed driveway for the site. To ensure traffic safety, City staff should
review the sight distance at the intersection of the proposed driveway and Felts Road,with regard
to such fence. If the fence does not comply with the flanking street yard setback/height
requirements set forth in Zoning Code 14.810.020 (1), or any applicable sight distance standards
HE Findings, Conclusions and Decision REZ-02-04 Page 6
for driveways under applicable City Engineering or City Code standards, the City should consider
taking corrective action against the owner of such property before the site is developed.
41. City Road Standards do not require driveways that serve up to three (3) lots to be paved, no
matter how many dwelling units are served. See page 3-19, 2001 County Standards for Road and
Sewer Construction; County Code 3.05.050 (a)(2)(ii); and Technical Bulletin B-17; as adopted by
City of Spokane Valley.
42. Comments submitted by the Spokane County Air Pollution Control Authority recommend
that all traveled surfaces be paved and kept clean to minimize dust emissions. The Examiner takes
notice that the site and vicinity is located in mandated non-attainment area for suspended
particulates (PM-10).
43. The bedroom for the residence on the adjacent lot located directly north of the planned
driveway will be located only 16 feet away from such easement. See testimony of Kenneth Smith.
Approval of the rezone will allow vehicles from two (2) additional dwelling units to access the 12-
foot wide graveled driveway planned to be constructed in the 27-foot wide easement located along
the west extension of Tract`B", for a total of 5 dwelling units accessing the driveway. To mitigate
the additional dust and traffic noise on the unpaved gravel driveway planned in such location, a
condition of approval should be added requiring the applicant to pave the 85-foot portion of the
driveway located within the west extension of Tract`B"to Felts Road.
44. The proposed rezone implements other relevant policies of the Comprehensive Plan, as set
forth in the Staff Report.
45. Public agencies did not oppose the approval of the rezone, or its environmental impact. As
conditioned, the proposed rezone will not have more than a moderate effect on the quality of the
environment.
46. The project will be served with public sewer and water, and underground utilities. The
public sewer and water concurrency requirements of the City Phase I Development Regulations are
met.
47. Various conditions of approval will apply to the property at the time of development, as
stated in the staff report. As conditioned, the rezone will be reasonably compatible with
neighboring land uses, and will not adversely impact the public health, safety and general welfare.
48. Changed conditions have occurred since the zoning of the site was reclassified to the UR-3.5
zone in 1991. This includes the extension of public sewer to the area, adoption of the City
Comprehensive Plan and Phase I Development Regulations, incorporation of the City of Spokane
Valley, and approval of the rezone to the UR-7 zone in File No. ZE-04-03.
Based on the above findings of fact, the Hearing Examiner enters the following:
HE Findings, Conclusions and Decision REZ-02-04 Page 7
II. CONCLUSIONS OF LAW
1. The proposed zone reclassification conforms to the City Comprehensive Plan.
2. The proposed rezone, as conditioned,bears a substantial relationship, and will not be
detrimental, to the public health, safety or welfare.
3. A change in economic, technological, or land use conditions has occurred to warrant the
proposed rezone, as conditioned. A substantial change of circumstances has occurred in the area
since the site was last zoned.
4. The proposed rezone, as conditioned, complies with the UR-7 zone, the City Zoning Code
and other applicable development regulations.
5. The proposed rezone, as conditioned, meets the criteria established by Washington case law
for approving a rezone, and the criteria established in paragraphs 14.402.020 (1)(2) of the City
Zoning Code for amending the City official zoning map.
6. The procedural requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met. The proposal, as conditioned, will not have a
significant, probable adverse impact on the environment.
7. Approval of the zone reclassification is appropriate under Chapter 14.402.020 of the City
Zoning Code; and under City Ordinance No. 03-57, as amended by Ordinance No. 03-081 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-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.
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-02-04 Page 8
CONDITIONS OF APPROVAL
CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT-
CURRENT PLANNING
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 with a maximum period of twenty-four hours from the time of discovery, the City of
Spokane Valley Community Development Department of said discovery.
2. Surrounding zoning designations consist of low-density residential zoning. Because of the
existing zoning of surrounding properties, there are potential noise impacts resulting from future
development of the site. 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. 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. Prior to future building permit approval, the applicant or successors in interest shall construct
and maintain a six (6)-foot high concrete, masonry or decorative block wall, solid landscaping, or
sight-obscuring fencing along all borders of the site adjacent to Urban Residential-3.5 (UR-3.5)
zoning, except where such screening already exists and is maintained. Prior to building permit
approval, the applicant or successors in interest shall submit written evidence of a perpetual
maintenance agreement for ongoing screening and buffering between the proposal at the abutting
UR-3.5 zoned properties.
4. The zoning of the subject property shall be identified as Urban Residential-7 (UR-7)*,
pursuant to Section II(Zone Reclassification Applications) of the adopted City Phase I
Development Regulations. The maximum density for future residential development at the subject
property or subdivision thereof shall not exceed six (6) dwelling units per acre.
5. Prior to future building permit approval, the applicant shall pave the 85 foot long portion of
the driveway on Tract "B" that extends from Felts Road to the main body of such tract.
6. Prior to future building permit approval, the City Department of Community Development
and the City Traffic Engineer shall review the sight distance at the intersection of the driveway
serving Short Plat No. SP-1222-99 and Felts Road. If the sight-obscuring fence currently located
along the north and west boundary of County Assessor Parcel No. 45171.1520 (northeast corner
of Broadway and Felts) violates the fencing height and/or setback requirements set forth in
Section 14.810.020 or City Road Standards, which deficiency impairs adequate sight distance at
the driveway intersection, the City shall consider taking corrective action against the owner of
Parcel No. 45171.1520 to provide adequate sight distance.
7. Pursuant to City Ordinance No. 04-012, if no appeal of the Examiner's decision is filed with
HE Findings, Conclusions and Decision REZ-02-04 Page 9
the City Council by May 11, 2004, the City Department of Community Development shall forward
the Examiner's decision and recommendation for approval of the proposed rezone to the City
Manager or designee for modification of the official zoning map of the City according to the
Examiner's decision.
DATED this 27th day of April, 2004
CITY HEARING EXAMINER PRO TEM
/CO
Mich.el C. Dempsey, WS:A#8•
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 03-057, as amended by City Ordinance
Nos. 03-081 and 04-012, the decision of the Hearing Examiner on an application for a zone
reclassification is final and conclusive unless within fourteen(14) calendar days from the
Examiner's written decision, a party of record aggrieved by such decision files an appeal with the
City Council of the City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane
Valley, Washington.
City Ordinance No. 04-012 provides that where the Examiner's Decision recommends
approval of the proposal and no appeal has been filed within the time period set forth above, the
City Manager or designee shall modify the official zoning map of the City according to the
Examiner's decision; which action shall be considered the final legislative action of the City
Council and considered an"official control" of the City.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on April 27, 2004. THE APPEAL CLOSING DATE IS MAY 11,2004.
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, 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-02-04 Page 10