Pinecrest Homeowners Ass'n v. Glen A. Cloninger & Associates

115 Wash. App. 611
CourtCourt of Appeals of Washington
DecidedFebruary 13, 2003
DocketNo. 20916-4-III
StatusPublished
Cited by8 cases

This text of 115 Wash. App. 611 (Pinecrest Homeowners Ass'n v. Glen A. Cloninger & Associates) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pinecrest Homeowners Ass'n v. Glen A. Cloninger & Associates, 115 Wash. App. 611 (Wash. Ct. App. 2003).

Opinion

Sweeney, J. —

This land use case presents two issues, one procedural and one substantive. The procedural question is whether the case has been rendered moot because a building permit has been issued for a challenged project, construction is proceeding, and the homeowners have not superseded or tried to enjoin development. We conclude that the homeowners are not required to either enjoin or supersede an adverse zoning decision to proceed with this appeal. The substantive question is whether the city of Spokane, acting through its city council, can authorize a zone change based on the Comprehensive Plan, absent specific zoning regulations (regulations which were anticipated by the plan but never promulgated). We conclude that it cannot. We therefore reverse the judgment of the trial court that affirmed the city’s rezone.

FACTS

Glen A. Cloninger & Associates owns an 8.4-7-acre parcel of property in an area of the city of Spokane known as Lincoln Heights. It wants to rezone the property to develop what is called “mixed use.” Mixed use includes a close mix of retail, office, and residential uses. The city Comprehensive Plan would accommodate the mixed use zoning. But the city has not yet enacted a zoning ordinance implementing the mixed use designation.

For this reason, a city hearings examiner denied Cloninger’s request for a rezone. The city council however reversed that decision and ordered that the application for rezone be processed in accordance with “concepts” for mixed use set out in the city’s Comprehensive Plan, particularly the Lincoln Heights Specific Plan.

Zoning History

The zoning history of the property is not disputed.

[615]*615In 1991 the property was rezoned from multifamily to RO-1L (limited residential office, category 1). This classification allowed development of an office park. No offices were built.

In 1992, the property was rezoned to RO-2 (residential office, category 2). This was done to accommodate the development of a restaurant. The restaurant was built.

In 1998, the Spokane City Council changed the Lincoln Heights Specific Plan, a component of the city’s Comprehensive Plan, to accommodate a large office development. It did so only after adding 14 “concepts” applicable to such a development. We set them out in detail because they later provide the basis for the city’s decision to rezone.

Proposals that qualify for the mixed use designation and incorporate mixed uses in a comprehensive site development should demonstrate compliance with the following concepts:
1. To enable development of integrated, mixed use communities, containing a variety of housing types arranged around an activity center (neighborhood, district, corridor); that provide a pleasant living, shopping, and working environment; that provide a sense of community; and that provide a balance of compatible retail, office, residential, recreational and public uses.
2. To enable a land use pattern that will reduce dependence on automobile use, especially drive-alone vehicle use during morning and evening commute hours.
3. To enable the design of new development in a manner that will ensure the safe and efficient movement of goods and people.
4. To provide direct, convenient pedestrian, bicycle and vehicular access between residences and nearby activity centers, in order to facilitate pedestrian and bicycle travel and reduce the number and length of automobile trips.
5. To discourage automobile dominated businesses, which are characterized by drive-in and drive-through facilities that allow people to remain in their vehicles while receiving products or services, and uses that traditionally require large amounts of off-street parking.
[616]*6166. To provide sufficient housing density to enable cost-effective extension of utilities, services, and streets; facilitate frequent transit service; and to help sustain neighborhood businesses.
7. To enable many of the community’s residents to live within one fourth (1/4) mile of a grocery store and transit stop.
8. To ensure that activity centers are arranged, scaled and designed to be compatible with surrounding land uses and provide transitions between significantly different land uses (e.g. commercial and residential uses).
9. To ensure that buildings and other development components are arranged, designed and oriented to facilitate pedestrian access and access for transit.
10. To allow innovative site and building designs while providing for design harmony and continuity (e.g. coordinated architectural styles, street trees, lighting, signage and benches).
11. To ensure adequate light, air, privacy and readily accessible open space for each dwelling unit in order to maintain public health, safety and welfare.
12. To provide for appropriately located community open spaces for informal social activity, recreation and aesthetic enhancement of the development.
13. To provide mixed use development with a character that is less physically and visually intrusive than traditional commercial centers, districts and strips.
14. To insure the mixed use development does not undermine the buffer concept described in subsection “e” of this policy.

Clerk’s Papers (CP) at 121-22.

In December 1999, the city council directed the city planning commission to “develop and forward to the Spokane City Council for approval mixed use zoning regulations.” CP at 59. To date no mixed use zoning regulations have been prepared or, of course, adopted.

In May 2000 the city planning director responded to a letter from Cloninger, suggesting that it apply for a zone change to RO-1D (high density residence/office design zone) [617]*617to facilitate the proposed mixed use development. Spokane Municipal Code (SMC) 11.19.249.1

Cloninger applied for the zone change, an amendment to its original planned unit development (PUD), and a special permit for a project.

In July of 2000, the city design review committee recommended approval of the PUD amendment and issuance of a special permit for the project, subject to Cloninger’s more fully addressing certain policy considerations set out in the Lincoln Heights Specific Plan.

The city planning and zoning staff however recommended denial of the application because no mixed use zoning regulations were in place.

In December of 2000, following a series of hearings, a city hearings examiner denied Cloninger’s application for a zone change. He did so “subject to the development of appropriate zoning regulations and design review criteria.” CP at 217. He concluded that the guidance offered by the Lincoln Heights Specific Plan was “too vague” to evaluate the project:

The vagueness of the policy guidance does not allow the applicant, Staff, or the neighborhood to know, with clarity, exactly what is being proposed and what is, in fact, allowed by these policies.

CP at 212.

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Cite This Page — Counsel Stack

Bluebook (online)
115 Wash. App. 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pinecrest-homeowners-assn-v-glen-a-cloninger-associates-washctapp-2003.