ZE-04-03 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification )
from the Urban Residential(UR-3.5)Zone ) FINDINGS OF FACT,
to the Urban Residential 7(UR-7)Zone; ) CONCLUSIONS OF LAW,
Applicant: Al Severson ) AND DECISION
File No. ZE-4-03 )
This matter coming on for public hearing on May 22, 2003, the Hearing Examiner, after
review of the subject applications 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, to allow the division and
development of a site of 22,250 square feet for an existing single-family residence and
development of a two-family dwelling(duplex).
2. The site is located north of and adjacent to Broadway Avenue, approximately 100 feet west
of Felts Road, in the NW 1/4 of Section 7, Township 25 North, Range 44 EWM, Spokane County,
Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45171.1213. The site is
legally described on the site plan of record.
4. The applicant for the project and the site owner is Al Severson,P.O. Box 14735, Spokane,
WA 99214.
5. On February 7, 2003, the applicant submitted a complete application for a zone
reclassification to the Spokane County Division of Planning in File No. ZE-04-03.
6. On March 25, 3003, the City of Spokane Valley and Spokane County entered into an
interlocal agreement authorizing the County Hearing Examiner to act as hearing examiner pro
tem for the City of Spokane Valley.
7. 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, Subdivision Ordinance,Zoning Code,Phase I
Development Regulations, Hearing Examiner Rules of Procedure and other development
regulations, with certain revisions. The City also adopted a hearing examiner ordinance.
8. The City Division of Current Planning processed the subject applications on and after
March 31, 2003. The Division retained the same file and file number for the subject applications
as the County.
HE Findings, Conclusions and Decision ZE-4-03 Page 1
9. On May 7, 2003, the City of Spokane Valley Department of Community Development,
Current Planning issued a Determination of Nonsignificance for the proposal.
10. The Hearing Examiner, as hearing examiner pro tern for the City of Spokane Valley,
conducted a site visit on May 21, 2003, and conducted a public hearing on the proposal on May
22, 2003. The requirements for notice of public hearing were met.
11. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 57 and the City
Hearing Examiner Rules of Procedure.
12. The following persons testified at the public hearing held on May 22, 2003:
John Todd,Division of Current Planning Al Severson
City of Spokane Valley PO Box 14735
11707 East Sprague Avenue Spokane, WA 99214
Spokane Valley, WA 99206
13. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code,
City Zoning Map for the vicinity, City Subdivision Ordinance, 2001 City Standards for Road and
Sewer Construction, City Guidelines for Stormwater Management, City Code, other applicable
development regulations, and prior land use decisions in the vicinity.
14. The record includes the documents in File No. ZE-4-03 at the time of the public hearing
held on May 22, 2003, the documents and testimony submitted at the public hearing, and the
items taken notice of by the Hearing Examiner.
15. The subject property is approximately 22,250 square feet in size and relatively flat in
topography. A single-family dwelling is found on the north half of the site and a detached
garage is located along the middle of the east border. The existing house is unoccupied and is
being renovated. A 6-foot high wood fence was recently constructed across the middle of the
site, from east to west. Aboveground utility lines run along the frontage of the site with
Broadway Avenue.
16. The site plan of record, which represents a revision of the site plan submitted on February
7, 2003, illustrates division of the site from north to south. The site plan understates the size of
the proposed south tract, which should be indicated as approximately 11,130 square feet. The
site plan illustrates retention of the existing residence and detached garage on the south tract. A
duplex would be constructed on the proposed north lot of 11,117 square feet in size. Access and
sewer service for the north lot is shown via an existing 20-foot wide access and utility easement
that extends from the northeast corner of the site east to Felts Road.
17. Effective January 1, 1991,the zoning of the site was reclassified from the Agricultural
Suburban zone of the now expired County Zoning Ordinance to the Urban Residential-3.5 (UR-
3.5)zone,pursuant to the Program to Implement the Spokane County Zoning Code.
HE Findings, Conclusions and Decision ZE-4-03 Page 2
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18. In 1997, the County adopted interim urban growth area.(IUGA)boundaries, and associated
interim development regulations,pursuant to the State Growth Management Act(GMA). The
site and area were included in the IUGA. See County Resolution No. 97-0321.
19. In 1998, the County Zoning Code was amended to increase the maximum residential
density in the UR-3.5 zone from 3.5 dwelling units per acre to 4.35 dwelling units per acre. See
County Resolution No. 98-0482.
20. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA)boundaries and Phase I Development Regulations,pursuant to the
GMA. The County also repealed the IUGA and associated interim development regulations. See
County Resolution Nos. 2-0037 and 2-0470.
21. The County Comprehensive Plan designated the site and neighboring land in the Low
Density Residential category of the County Comprehensive Plan. The County's Phase I
Development Regulations designated the site and the area in the UGA. Such regulations retained
the current zoning of the site and neighboring land.
22. The City Comprehensive Plan and City Phase I Development Regulations,respectively,
retained the comprehensive plan designations and zone classifications imposed by the County
Comprehensive Plan and Phase I Development Regulations for the site and land in the area. The
site is located inside the Aquifer Sensitive Area(ASA) Overlay zone of the City Zoning Code.
23. The land surrounding the site is zoned UR-3.5 and dominated by single-family dwellings.
Two (2) duplexes are found within 600 feet of the site, one to the north and one to the south. A
nonconforming convenience store is found a short distance to the east, at the southeast corner of
Broadway Avenue and Felts Road.
24. An elementary school is located approximately one-fourth(1/4)mile to the west, along the
south side of Broadway Avenue. The nearest City Park is located approximately one-fourth(1/4)
mile south of the site. A transit stop is located east of the site at the intersection of Broadway
Avenue and University Road.
25. The City Arterial Road Plan designates Broadway Avenue and University Road in the area
as Urban Principal Arterials,while Felts Road to the east is considered a 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, and lacks curb and sidewalk.
26. The project will be served with public sewer and water, and underground utilities. City
Engineering conditions of approval require the applicant to participate in the improvement of
Felts Road, including widening and the addition of curb and sidewalk; which may be
accomplished through a future local improvement district at such time as the district may be
formed, or through a future City road project. The Examiner has modified County Engineering
condition#9, recommended for adoption by City Engineering,because the applicable statute for
the alternative method of assessment for noncharter code cities like the City of Spokane Valley is
chapter 35.43 RCW, not chapter 36.88 RCW.
HE Findings, Conclusions and Decision ZE-4-03 Page 3
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27. The UR-7 zone is an implementing zone for the Low Density Residential category of the
City Comprehensive Plan. The Phase I Development Regulations restrict the density(net) in the
UR-7 zone for new construction to six (6) dwelling units per acre. The density of the proposal is
approximately 5.87 dwelling units per acre. The north lot in the proposal complies with the
minimum lot area in the UR-7 zone for a duplex of 11,000 square feet,while the south lot
complies with the minimum lot area in the UR-7 zone for a single-family residence of 6,000
square feet. A short plat will be required to divide the site.
28. The site plan does not illustrate the 6-foot high sight-obscuring fence required by the UR-7
zone along the borders of the site abutting UR-3.5 zoning. Such fencing has been installed along
the south boundary of the north duplex tract. A condition of approval has been added requiring
such perimeter fencing.
29. No opposition was expressed toward the proposed rezone, or its environmental impact. No
deficiencies with regard to the proposal's compliance with development regulations have been
established in the record. The project will not have more than a moderate effect on the quality of
the environment
30. The proposal meets the sewer,water and transportation concurrency requirements of the
Phase I Development Regulations.
31. The Staff Report analyzes the consistency of the proposed rezone with the City
Comprehensive Plan, the development standards of the UR-7 zone and other applicable
development regulations. The Examiner concurs with such analysis and hereby adopts and
incorporates the same by reference as findings of fact herein.
32. 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.
33. 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 Plans and Phase I Development Regulations, incorporation of the City of
Spokane Valley, increased traffic along Broadway Avenue, and road improvements to Broadway
Avenue.
Based on the above findings of fact, the Hearing Examiner enters the following:
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.
HE Findings, Conclusions and Decision ZE-4-03 Page 4
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. 57.
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.
CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT,
DIVISION OF CURRENT PLANNING
1. 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.
2. The zone reclassification applies to the real property described on the site plan of record.
3. The proposal shall comply with all applicable requirements of the City Subdivision
Ordinance, Zoning Code and other applicable development regulations.
HE Findings, Conclusions and Decision ZE-4-03 Page 5
4. The applicant shall install the screening required by Section 14.618.365 of the City Zoning
Code.
5. The Department of Community Development shall prepare and record a Title Notice with
the Spokane County Auditor, stating that the subject property is subject to certain conditions of
approval imposed as a result of a land use action. The Title Notice shall serve as a public notice
that the property is subject to such conditions of approval. The Title Notice may only be
released, in whole or in part,by the Department of Community Development. The Title Notice
should generally provide as follows:
"The parcel of property legally described as
The East 111 feet of the West 211 feet of Lot 1,Block 66, of Opportunity, according to
plat recorded in Volume "K"of Plats, Page 20, in Spokane County, Washington,
EXCEPT the north 124 feet thereof, and EXCEPT the south 10 feet thereof as conveyed
to Spokane County for Broadway Avenue by deed recorded April 3, 1974,under
Auditor's File No. 7404030043
is the subject of a land use action by the City of Spokane Valley Hearing Examiner on June 9,
2003, approving a zone reclassification for the subject property and imposing various special
development conditions. File No. ZE-4-03,relating to such approval, is available for inspection
and copying at the City of Spokane Valley Department of Community Development."
CITY OF SPOKANE VALLEY DEPARTMENT OF PUBLIC WORKS, CITY
ENGINEER
Prior to release of a building permit or use of property as proposed:
1. Approach Permits are required for any access to the City of Spokane Valley road system.
2. A parking plan and traffic circulation plan shall be submitted and approved by the City
Engineer. The design, location and arrangement of parking stalls shall be in accordance with
standard engineering practices.
3. To construct the roadway improvements stated herein, the applicant may, with the approval
of the City Engineer,join in and be willing to participate in any petition or resolution which
purpose is the formation of a Local Improvement District(LID) for said improvement pursuant to
authorizing statute. The City of Spokane Valley will not participate in the cost of these
improvements. This provision is applicable to Felts Road,which provides access to the site.
4. As an alternative method of constructing the road improvements stated herein, the applicant
may, with the approval of the City Engineer, accomplish the road improvements stated herein by
joining and participating in a City Road Project(CRP)to the extent of the required improvement.
The City will not participate in the cost of these improvements. This provision is applicable to
Felts Road, which provides access to the site.
HE Findings, Conclusions and Decision ZE-4-03 Page 6
5. The construction of the roadway improvements stated herein shall be accomplished as
approved by the City Engineer.
6. The City Engineer has designated a Local Access Roadway Section for the improvement of
Felts Road, which provides access to the proposed development. This will require the addition of
approximately 5-7 feet of asphalt along the frontage of the development. Curbing and sidewalk
must also be constructed.
7. Roadway standards,typical roadway sections and drainage plan requirements are found in
the 2001 County Standards for Road and Sewer Construction,which have been adopted by
reference by the City of Spokane Valley.
8. No construction work is to be performed within the existing or proposed right of way until
the City Engineer has issued a permit. All work within the public road right of way is subject to
inspection and approval by the County Engineer.
9. The applicant shall execute a City of Spokane Valley LID waiver agreement, substantially
in the following form:
"The owner(s) or successor(s) in interest agree that in consideration of Mutual Benefits now or to
be hereafter derived, do for themselves, their heirs, grantees, assigns and successor(s) in interest
hereby request and authorize Spokane County to include the above described property in a Local
Improvement District(LID) and to support the formation of a Local Improvement District for
improvement of the road(s) described below by requesting and authorizing the City of Spokane
Valley to place their name(s) on a petition for the formation of a Local Improvement District
pursuant to Chapter 35.43 RCW, or by requesting and authorizing the City of Spokane Valley to
cast their ballot in favor of a LID being formed under the resolution method pursuant to Chapter
36.43 RCW, and/or by not filing a protest against the formation of a LID being formed under the
alternative resolution method provided for in Chapter 35.43 RCW.
If a LID is proposed for improvement of the road(s) described below, said owner(s) and
successor(s) further agree: (1)that the improvements or construction contemplated within the
proposed LID are feasible and (2) that the benefits to be derived from the formation of the LID
by the property included therein, together with the amount of any City participation, exceeds the
cost and expense of formation of the LID, and (3)that the property within the proposed LID is
sufficiently developed; provided, they, their heirs, grantees, assigns and successor(s) shall retain
the right, as authorized under Chapter 35.43 RCW,to object to any assessment(s) on the property
as a result of the improvements called for in conjunction with the formation of a LID by either
the petition or resolution method under Chapter 35.43 RCW and to appeal to the Superior Court
the decision of the City of Spokane Valley confirming the final assessment roll; provided further,
it is recognized that actual assessments may vary from assessment estimate so long as they do not
exceed a figure equal to the increased true and fair value improvement(s) add(s) to the property.
It is further acknowledged and agreed that at such time as a LID is created or any City Road
Improvement project is authorized by the City of Spokane Valley, the improvements required
shall be at the sole expense of the owner(s) of property within the LID or served by the
HE Findings, Conclusions and Decision ZE-4-03 Page 7
improvements without any monetary participation by the City of Spokane Valley.
The LID waiver contained in this agreement shall expire after ten(10)years from the date of
execution below. This provision is applicable to Felts Road,which provides access to the site."
10. The applicant is advised that there may exist utilities either underground or overhead
affecting the applicant's property, including property to be dedicated or set aside future
acquisition. The City of Spokane Valley will assume no financial obligation for adjustments or
relocation regarding these utilities. The applicant should contact the applicable utilities regarding
the responsibility for adjustment or relocation costs and to make arrangements for any necessary
work.
11. The applicant shall grant applicable border easements adjacent to City of Spokane Valley
Right of Way per Spokane County Standards.
12. The City Engineer has reviewed this project for transportation concurrency and determined
that it is exempt under the Phase I Development Regulations-Section IV(B) (2) (c).
13. This proposed zone change has been reviewed according to the site plan of record. Any
modifications to this site plan of record that would result in changes to site drainage and/or traffic
impacts shall require additional review by the City Engineer. At such time as a revised site plan
is submitted for review, the applicant shall submit detailed drainage and/or traffic information for
review by the City Engineer to determine what traffic impacts, if any, that the development
would have on surrounding infrastructure. The applicant is advised that mitigation may be
required for off-site improvements.
14. The applicant shall submit a copy of the record of deed for the access easement mentioned
on the submitted drawing.
15. Approach Permits shall be required for any access to the Spokane Valley roadway system.
Any work within the City's right-of-way will require a separate permit.
SPOKANE COUNTY DIVISION OF UTILITIES/CITY OF SPOKANE VALLEY
DEPARTMENT OF PUBLIC WORKS
1. The facility is currently connected to sewer; however, depending on the nature of the new
use and/or expansion, additional facilities may also need to be connected. Commercial
developments shall submit historical and or estimated water usage prior to the finalization of the
project in order to establish sewer fees.
2. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
HE Findings,Conclusions and Decision ZE-4-03 Page 8
SPOKANE REGIONAL HEALTH DISTRICT
1. The sewage disposal method shall be as authorized by the Director of Utilities,the City of
Spokane Valley Department of Public Works and/or the Spokane County Division of Utilities.
2. Water service shall be coordinated through the Director of Utilities, the City of Spokane
Valley Department of Public Works, and/or the Spokane County Division of Utilities.
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 9th day of June, 2003.
CITY HEARING EXAMINER PRO TEM
1/1a, �'-- -✓sr�
Michael C. Dempsey, WSBA#847
HE Findings, Conclusions and Decision ZE-4-03 Page 9
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 57, 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 June 9, 2003. THE APPEAL CLOSING DATE IS JUNE 23, 2003.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-7490. The file may be
inspected during normal working hours, listed as Monday-Friday of each week, except holidays,
between the hours of 8:30 a.m. and 5:00 p.m. After the appeal period, the file may be inspected
at the City of Spokane Valley Department of Community Development, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, WA. Copies of the documents in the
record will be made available at the cost set by City of Spokane Valley Ordinance.
Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision ZE-4-03 Page 10
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