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REZ-12-03 CITY OF SPOKANE VALLEY HEARING EXAMINER RE: Application for Zone Reclassification from ) the Urban Residential-3.5 (UR-3.5)Zone ) FINDINGS OF FACT, to the Urban Residential-7 (UR-7)Zone; ) CONCLUSIONS OF LAW, Applicant: Mark Folsom ) AND DECISION File No. REZ-12-03 ) This matter coming on for public hearing on August 28, 2003,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.6 acres of land. 2. The site is located at the southwest corner.of the intersection of Progress Road and the unimproved right of way of Fifth Avenue, in the NE 1/4 of Section 23, Township 25 North, Range 44 EWM, Spokane County, Washington. 3. The site is currently referenced as County Assessor's tax parcel no. 45231.1515. The site is legally described on the site plan of record. 4. The applicant and the contract purchaser of the site is Mark Folsom, 4015 S. Conklin Road, Greenacres, WA 99016. 5. On June 26, 2003, the applicant submitted a complete application for a zone reclassification to the City of Spokane Valley Department of Community Development in File No.REZ-12-03. The applicant also submitted a preliminary short plat application for the site, which requires the administrative review and approval by the Department of Community Development. The preliminary short plat map dated June 25, 2003 serves as the site plan of record for the proposed rezone. 6. On August 12, 2003, the City of Spokane Valley Department of Community Development issued a Mitigated Determination of Nonsignificance (MDNS) for the proposed rezone and preliminary short plat. 7. The Hearing Examiner conducted a site visit on August 27, 2003 and conducted a public hearing on the proposal on August 28, 2003. The requirements for notice of public hearing were met. HE Findings, Conclusions and Decision REZ-12-03 Page 1 8. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 57 and the City Hearing Examiner Rules of Procedure. 9. The following persons testified at the public hearing: Marina Sukup Mark Folsum Department of Community Development 4015 S. Conklin Rd. City of Spokane Valley Greenacres, WA 99016 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Joanne M. Halvorsen Melvin Bestide 611 S. Progress Rd. 15106 E. 4th Veradale, WA 99037 Veradale, WA 99037 Bert Darrah Donna Fletcher 703 S. Progress Rd. 503 S. Progress Rd. Veradale, WA 99037 Veradale, WA 99037 Evelyn Gilbert 602 S. Progress Rd. • Veradale, WA 99037-9748 10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code, City Subdivision Ordinance, other applicable development regulations, and prior land use decisions in the vicinity. 11. The record includes the documents in File No. REZ-12-03 at the time of the public hearing, the documents and testimony submitted at the public hearing, and the items taken notice of by the Hearing Examiner. 12. The site is 26,331 square feet in size and relatively flat in topography. The north half of the site is improved with a single-family dwelling with attached garage, and the south half is undeveloped and currently planted with a cabbage field. The residence accesses Progress Road. 13. The site plan of record illustrates division of the site,through a proposed preliminary short plat, into two (2) lots. The existing single-family dwelling is illustrated on a north lot of 12,255 square feet, and a two-family(duplex) dwelling is shown on a south lot of 14,190 square feet. 14. Effective January 1, 1991,the zoning of the site was reclassified from the Agricultural zone of the now expired County Zoning Ordinance to the UR-3.5 zone,pursuant to the Program to Implement the Spokane County Zoning Code. HE Findings, Conclusions and Decision REZ-12-03 Page 2 15. Effective January 15, 2002, Spokane County implemented a County 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. 16. On March 31, 2003, the subject property and surrounding land were officially incorporated into the City of Spokane Valley. On the same date, the City adopted by reference, as City land use controls, the County's Comprehensive Plan,Zoning Code,Phase I Development Regulations and other development regulations, with certain revisions. 17. The Comprehensive Plan designates the site and the land immediately surrounding the site, except to the north, in the Low Density Residential category. The Comprehensive Plan designates the land lying north of Fourth Avenue, south of a vacant county right of way that runs through the area from west to east, in the Medium Density Residential category. The Phase I Development Regulations retained the zoning of the site and neighboring land, and designate the site and surrounding area in the UGA. 18. In 1991, the land lying west of the site across Progress Road was rezoned to the UR-7 zone and platted for single-family dwellings. Such land is developed at a gross residential density of five (5) dwelling units per acre. See decision in File No. PE-1645-91/ZE-48-91, and final plat of Sun Meadows PUD. The land lying north and south of the site, along the east side of Progress Road, is zoned UR-3.5 and developed with single-family dwellings on parcels generally similar in size or smaller than the lots in the proposed preliminary short plat submitted for the site. 19. The land lying east and northeast of the site is zoned UR-3.5, and consists of vacant land or single-family dwellings on lots approximately one-third larger than the subject parcel. The land lying to the southeast, south of Sixth Avenue, is zoned UR-3.5 and developed with single-family dwellings at a residential density of approximately 2.9 dwelling units per acre. See decision in File No. PE-1691-92, and final plat of Kallas Addition. 20. The land lying immediately north of Fourth Avenue in the vicinity is zoned UR-7 and developed with single-family homes and duplexes. Sprague Avenue, which is located approximately one-third(1/3) mile north of the site, comprises a major transportation and commercial corridor in the Spokane Valley. 21. The Comprehensive Plan designates Sullivan Road to the west and Sprague Avenue to the north as Urban Principal Arterials, Fourth Avenue as an Urban Collector Arterial, and Adams Road to the west as a Minor Arterial. Progress Road and Sixth Avenue are considered Local Access streets. 22. The public water and sewer purveyors for the area certified that public water and sewer are or will be available to serve the proposed rezone. The proposed rezone would permit only a small amount of additional traffic to access Progress Road, through increased residential densities. The proposal meets the sewer, water and transportation concurrency requirements of the Phase I Development Regulations. HE Findings, Conclusions and Decision REZ-12-03 Page 3 23. Several neighboring property owners opposed the rezone based on such concerns as the development of duplexes and higher residential densities on the site, including the transient nature of renters, increased crime, failure to maintain duplexes, impacts on property values, poorly designed duplexes, and impacts to pedestrians. Such opposition included a petition signed by 46 nearby residents. 24. The primary issue is whether the proposed rezone of the site to the UR-7 zone should be approved; and not whether the proposed preliminary short plat should be approved,which involves a later administrative determination by the Department of Community Development, which determination would be subject to appeal to the Hearing Examiner. 25. 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. 26. 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,while the minimum lot size for both uses is 10,000 square feet. 27. The UR-7 zone is intended to add to the variety of housing types and densities, and to provide standards for the orderly development of residential property in a manner that provides a desirable living environment that is compatible with surrounding land uses and assures the protection of property values. The UR-7 zone permits the development of single-family homes, duplexes, multi-family dwellings and certain other uses. 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 where adjacent to a public road or alley. 28. 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. Accordingly, the minimum lot size and minimum frontage requirements for a duplex in the UR-7 zone are actually greater than they are in the UR-3.5 zone, respectively. 29. The preliminary short plat submitted by the applicant has a residential density of approximately 4.96 dwelling units per acre. The lot sizes and frontages illustrated for both the single-family dwelling lot and the duplex lot in the preliminary short plat would be allowed in the UR-3.5 zone. HE Findings, Conclusions and Decision REZ-12-03 Page 4 0 30. The applicant submitted a picture of a new duplex that would be used as a model for the proposed duplex on the site; and testified indicated that the proposed duplex would have a value in the range of$215,000 to $250,000 range, and that each side of the duplex would have 1,500- 2,000 square feet of floor space. This information evidences proposed construction of a high quality. The applicant stated that he might simply hold on to the land for later development. 31. There is no competent evidence in the record of an appraisal nature, or before and after values, establishing that approval of the rezone would result in a significant adverse impact on the value of neighboring properties. There is also no competent evidence to establish that approval of the rezone would result in increased crime in the area. 32. Policy UL.9.1 of the Comprehensive Plan states that residential densities in the Low Density Residential category of the Comprehensive Plan shall range from 1-6 dwelling units per acre. Policy UL.9.2 states that the County(City) shall seek to achieve an average residential density in new development of at least four(4) dwelling units per acre, through a mix of densities and housing types. Policy UL.8.1 recommends that mixed-income development be provided for in residential areas. The proposed rezone clearly implements these policies. 33. If the site is developed as proposed by the applicant, it would be difficult to argue that such development does not preserve neighborhood character; considering the quality of the proposed duplex housing, the inclusion of the existing single-family residence in the proposed development, and that the land located west of the site across Progress Road is zoned UR-7 and developed with housing at least as dense as that in the proposed preliminary short plat. It is also noted that the land lying north of Fourth Avenue in the area is zoned UR-7 and includes duplex housing. 34. The proposed rezone implements other relevant policies of the Comprehensive Plan, as set forth in the Staff Report. 35. Public agencies did not oppose the approval of the rezone or its environmental impact. The proposed rezone will not have more than a moderate effect on the quality of the environment 36. As conditioned, the proposed rezone will be reasonably compatible with neighboring land uses, and will not adversely impact the public health, safety and general welfare. 37. Changed conditions have occurred in the area since the zoning of the site was reclassified to the UR-3.5 zone in 1991. This includes the extension of public sewer, adoption of the City Comprehensive Plan and Phase I Development Regulations, rezoning of the land west of the site to the UR-7 zone and development of housing on such land at a density of five(5) dwelling units per acre, incorporation of the City of Spokane Valley, and increased residential growth in the area. HE Findings, Conclusions and Decision REZ-12-03 Page 5 0 38. The Examiner has revised the conditions recommended by Spokane Regional Health District so that the conditions to apply only to the rezone approval, and not the proposed preliminary short plat. 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. 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 zone reclassification to the Urban Residential-7 (LTR-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 HE Findings, Conclusions and Decision REZ-12-03 Page 6 comply with all other requirements of other public agencies with jurisdiction over land development. CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT, 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. All future development of the subject property shall comply with the required SEPA mitigation measures set forth in the Mitigated Determination of Nonsignificance (MDNS) issued on August 12, 2003. 3. 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, and may only be released, in whole or in part,by the Department of Community Development. The Title Notice should generally state as follows: "The parcel of property legally described as [insert legal description] is the subject of a land use action by the City of Spokane Valley Hearing Examiner on September 15, 2003, approving a zone reclassification for the subject property and imposing various special development conditions. File No. REZ-12-03,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 1. Permits are required for any access to or work within the right-of-way of the Spokane Valley roadway system. All new permits shall conform to the Spokane County Road and Sewer Standards for new driveway access approaches. 2. Parking is required for each unit to accommodate residents. Each parking area shall be designed so residents do not back out onto public roadways. The driveways shall be designed to account for stormwater runoff treatment. Treatment is allowed to flow onto the yard area, so long as the grade keeps potential runoff from public right-of-way. 3. Erosion Control: A Temporary Erosion and Sedimentation Control (TESC)plan,prepared by a Washington State licensed Professional Engineer, shall be implemented throughout the duration of construction. The TESC plan is to be prepared using best management practices HE Findings, Conclusions and Decision REZ-12-03 Page 7 (BMP's) currently accepted within the Civil Engineering profession. The TESC plan is to follow Spokane Valley guidelines as set forth in the 2001 Edition of the Spokane County Standards for Road and Sewer Construction, the 1998 Spokane County Guidelines for Stormwater Management and all other Federal, State or Local regulations. The TESC structures (such as silt ponds, silt traps) are to be installed prior to the start of site work, and the TESC measures are to be implemented and maintained throughout the duration of construction and until the site has stabilized and is approved by the City of Spokane Valley City Engineer. Each BMP shall be inspected after each rainfall event, or every 24 hours during an event. 4. 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 for future acquisition. Spokane Valley will assume no financial obligation for adjustments or relocation regarding these utilities. The applicant should contact the applicable utilities regarding responsibility for adjustment or relocation costs and to make arrangements for any necessary work 5. Construction within the proposed public streets and easements shall be performed under the direct supervision of a licensed Washington State Professional Engineer/Land Surveyor,who shall furnish the City Engineer with"Record Drawings"plans and a certificate in writing that all improvements were installed to the lines and grades shown on the approved construction plans and that all disturbed monuments have been replaced. All work is subject to inspection by the City Engineer or by his staff 6. No construction work is to be performed within the existing or proposed public right-of- way until a permit has been issued by the City Engineer. All work is subject to inspection and approval by the City Engineer. 7. Road design, construction and drainage control are the responsibility of the developer. 8. The Department reserves the right to add conditions as engineering review continues. SPOKANE COUNTY DIVISION OF UTILITIES/CITY OF SPOKANE VALLEY DEPARTMENT OF PUBLIC WORKS 1. The project lies within the City of Spokane Valley, therefore the $100.00 planning action fee shall be submitted directly to the Spokane County Division of Utilities and a copy of the receipt shall be submitted with the application. 2. A copy of the completed Sewer Availability form shall be submitted to the Spokane County Division of Utilities along with the application. 3. As per the Spokane County Zoning Code Phase One Development Regulations, the dedication shall stater "Public sewers shall be constructed to provide for the connection of each HE Findings, Conclusions and Decision REZ-12-03 Page 8 0 parcel to the County's system of sewerage. The uses on properties within the project shall be required to connect to the sewer and pay applicable charges per the Spokane County Sanitary Sewer Ordinance. Sewer connection permits shall be required." 4. The applicant shall submit expressly to Spokane County Division of Utilities"under separate cover"only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. Commercial developments shall submit historical and/or estimated water usage as part of the sewer plan submittal. 5. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization of the project. 6. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. • SPOKANE REGIONAL HEALTH DISTRICT 1. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. A public sewer system shall be made available for any site development. 2. Water service shall be coordinated through the Director of Utilities, Spokane County. 3. Water service shall be by an existing public water supply when approved by the Regional Engineer(Spokane), State Department of Health. DATED this 15th day of September, 2003. CITY HEARING EXAMINER PRO TEM Mic ael C. Dempsey, WSBA#:r 5 HE Findings, Conclusions and Decision REZ-12-03 Page 9 0 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 September 15, 2003. THE APPEAL CLOSING DATE IS SEPTEMBER 29, 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 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-12-03 Page 10