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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. HE Findings, Conclusions and Decision REZ-11-03 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 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. HE Findings, Conclusions and Decision REZ-11-03 Page 3 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 HE Findings, Conclusions and Decision REZ-11-03 Page 4 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. HE Findings, Conclusions and Decision REZ-11-03 Page 5 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. HE Findings,Conclusions and Decision REZ-11-03 Page 6 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. HE Findings, Conclusions and Decision REZ-11-03 Page 7 i 0