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.
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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.
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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.
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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.
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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.
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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
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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
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(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
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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
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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.
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