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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 0 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 0 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 of