REZ-11-03 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for Zone Reclassification )
from Urban Residential-3.5 (UR-3.5) ) FINDINGS OF FACT,
Zone to Urban Residential-7 (UR-7)Zone; ) CONCLUSIONS OF LAW,
Applicant: Diamond Rock Construction ) AND DECISION
File No. REZ-11-03 )
This matter coming on for public hearing on August 21, 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 1.93
acres of land.
2. The site is located east of and adjacent to University Road and west of an adjacent to the
undeveloped right of way of Van Marter Road, at the westerly termini of Cataldo Avenue and
Mallon Avenue, in the NW 14 of Section 16, Township 25 North, Range 44 EWM, Spokane
County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45162.1014. The site is
legally described on the site plan of record.
4. The site owner is Diamond Rock Construction, c/o Dennis Crapo 15321 E. Mission
Avenue, Spokane Valley, WA 99037. The Staff Report lists such entity as the applicant.
However, the rezone application lists the applicant as Duane Helt, Simpson Engineers, 909 N.
Argonne Road, Spokane Valley, WA 99212.
5. On June 6, 2003, the applicant submitted a complete application for a zone reclassification
to the City Department of Community Development in File No. REZ-11-03. On June 11, 2003,
the applicant submitted applications for a preliminary short plat application and an administrative
exception for the subject property,which require administrative approval by the Department of
Community Development.
6. On August 6, 2003, the City of Spokane Valley Department of Community Development
issued a Mitigated Determination of Nonsignificance (MDNS) for the proposal.
7. The Hearing Examiner conducted a site visit on August 20, 2003 and conducted a public
hearing on the proposal on August 21,2003. The requirements for notice of public hearing were
met.
HE Findings, Conclusions and Decision REZ-11-03 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:
Kevin Snyder John Hohman
Department of Community Development Department of Public Works
City of Spokane Valley City of Spokane Valley
11707 East Sprague Avenue, Suite 106 11707 East Sprague Avenue
Spokane Valley, WA 99206 Spokane,WA 99206
Dennis Crapo Marilyn Wheeler
Diamond Rock Construction 10805 E. Mallon
15321 E. Mission Avenue Spokane Valley, WA 99206
Spokane Valley, WA 99037
Carol Wampnar David Gale
1002 N. University 10812 E. Cataldo
Spokane Valley, WA 99206 Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code,
City Subdivision Ordinance, 2001 City Standards for Road and Sewer Construction, City Code,
other applicable development regulations, and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-11-03 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 subject property is 1.93 acres in size and is relatively flat in topography. The south
half of the site is improved with an existing single-family residence with attached garage, and an
outbuilding. The residence accesses University Road.
13. The site plan of record submitted on July 17, 2003 illustrates division of.the site through
the proposed preliminary short plat. The short plat would divide the site into five (5) lots. Lot 1
of the short plat would contain the existing residence, and the existing outbuilding would be
removed. The other lots would be developed with two-family(duplex) dwellings. The proposed
administrative exception would allow a deviation of nine(9) feet from the minimum frontage
requirements of the UR-7 zone applicable to Lot 5. Lots 1 and 2 would access University Road,
and the other lots would access Van Marter Road. The site plan/map illustrates a 15-foot access
easement along the east site boundary.
14. 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 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 neighboring land in the Low Density
Residential category. The Phase I Development Regulations retained the zoning of the site and
neighboring land, and designate the site and area in the UGA.
18. The land lying directly northeast of the site is zoned UR-7 and is developed with nine(9)
duplex dwellings,built between 1971 and 1977, including five(5) duplex lots located along the
north side of Cataldo Avenue east of the site. The remaining land located near the site is zoned
UR-3.5 and consists of single-family dwellings, except for four(4) duplex lots located
approximately 400 west of the site and University Road.
19. The Comprehensive Plan designates University Road adjacent to the site and Broadway
Avenue to the south as Urban Principal Arterials. An elementary school is located approximately
500 feet southeast of the site. The nearest city park is located one-fourth(1/4)mile to the
northeast. A transit stop is located 400 feet south of the site.
20. The proposed rezone would be served with public sewer and water, and the water and
sewer purveyors certified that concurrency requirements had been met. City Engineering
indicated that the preliminary short plat, if developed,would not significantly impact levels of
service on the local transportation network, and that transportation concurrency requirements are
met. The proposal meets the sewer, water and transportation concurrency requirements of the
Phase I Development Regulations.
21. City Engineering conditions require the applicant to construct half road improvements
along Van Marter Road, including a 12-foot wide pavement width and 2-foot gravel shoulder on
one side, and a 10-foot paved lane and 1-foot gravel shoulder on the opposing side. Spokane
County Fire District 1 also requested that Van Marter be improved, to provide access to Lots 3-5
of the preliminary short plat.
22. A neighboring property owner alleged that the applicant had unduly influenced or misled
the previous owner of the site to sell the property to the applicant for the development of
duplexes. This was not established, nor is it relevant to approval of the rezone.
23. Certain adjacent or neighboring property owners opposed the rezone based on concerns
over the development of duplexes and higher residential densities on the site, including the
transient nature of renters, increased crime and maintenance of residences, impacts on property
values, impacts to pedestrians and the opening of Van Marter to vehicular traffic.
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24. The primary issue is whether the proposed rezone of the site to the UR-7 zone should be
approved. Whether the preliminary short plat or administrative exception should be approved is
subject to 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, and 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 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.
29. The preliminary short plat submitted by the applicant has a residential density of
approximately 4.66 dwelling units per acre. The lot sizes and frontages illustrated for both the
single-family dwelling lot and the duplex lots in the preliminary short plat would be allowed in
the UR-3.5 zone.
30. The applicant testified that the duplexes developed on the site would be sold in the range of
$215,000 to $249,000. 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
31. Policy UL.9.1 of the Comprehensive Plan states recommends that residential densities in
the Low Density Residential category of the Comprehensive Plan range from 1-6 dwelling units
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per acre. Policy UL.9.2 recommends that the County seek to achieve an average residential
density in new development of at least four(4) dwelling units per acre, through a mix of densities
and housing types. Policy UL.8.1 recommends that mixed-income development be provided for
in residential areas. The proposed rezone implements these policies.
32. Considering the location of several duplexes and UR-7 zone near the site,the proposed
rezone will preserve neighborhood character, as recommended in Policy H.3.2 of the
Comprehensive Plan.
33. Policy T.4a.11 of the Comprehensive Plan encourage street designs that reduce the number
of access points on Urban Principal Arterials. Policy T.4a.12 encourages new development to be
arranged in a pattern of connecting blocks and streets to allow people to get around easily by
foot, bicycle,bus or car. Policy T.4a.13 encourages street designs that discourage through traffic
in neighborhoods,where such design fits into the surrounding street systems and aids in
implementing specific land use designs.
34. The opening of Van Marter Road to public access, and preventing the extension of Cataldo
and Mallon Avenues to University Road, as proposed by the applicant,would implement Policies
T.4a.11, T.4a.12 and T.4a.13 of the Comprehensive Plan.
35. The proposed rezone implements other relevant policies of the Comprehensive Plan, as set
forth in the Staff Report.
36. 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
37. 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.
38. Changed conditions have occurred since the zoning of the site was reclassified to the UR-
3.5 zone in 1991. This includes the extension of public sewer to the area, adoption of the City
Comprehensive Plan and Phase I Development Regulations, incorporation of the City of Spokane
Valley, and increased residential growth in the area.
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.
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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,
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 applicant shall comply with the conditions of approval in File No. REZ-11-03 and
Attachment`B"to the Staff Report in such file, submitted by the City of Spokane Valley Public
Works-City Engineer, Spokane County Division of Utilities, Spokane County Air Pollution
Control Authority, Spokane County Fire District No 1 and Spokane Regional Health District.
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3. The proposal shall comply with all applicable requirements of the City Subdivision
Ordinance, Zoning Code and other applicable development regulations.
DATED this 11th day of September, 2003.
CITY HEARING EXAMINER PRO TEM
Michae C. Dempsey, WSBA#82
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 11, 2003. THE APPEAL CLOSING DATE IS
SEPTEMBER 25, 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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