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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