REZ-31-05 r..
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: Lyudmila Kanishcheva, et. al ) AND DECISION
File No. REZ-31-05 )
I. SUMMARY OF DECISION
Hearing Matter: Application for a zone reclassification from the UR-3.5 zone to the UR-7*
zone. -
Summary of Decision: Approve rezone to UR-7* zone, subject to revised conditions of
approval. Duplexes cannot be developed on the lots making up the site, as currently configured,
because the residential density(net) on each lot, and on the site overall, would exceed the
maximum density(net) permitted in the UR-7* zone of six(6) dwelling units per acre.
II. FINDINGS OF FACT
1. The 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 0.59 acres of land.
2. The site is generally located along the west side of Marguerite Road, approximately 100 feet
south of the intersection of Cataldo Avenue and Marguerite Road; in the northeast quarter of
Section 18, Township 25 North, Range 44 East, Willamette Meridian, Spokane County,
Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45181.2202 and
45181.2203; and is addressed at 905 and 913 N. Marguerite Road, Spokane Valley. The property
is legally described on Short Plat SHP-04-05, recorded with the County Auditor on October 7,
2005.
4. The applicant and site owner is Lyudmila and Vitaliy Kanishcheva, and Tatiana and Yuriy
Litoshik; at 20016 N. Hazard Road, Spokane, Washington 99208.
5. Short Plat SHP-04-05 divided .89 acres of land, including the current site, into three (3) lots
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for unspecified development, in the UR-3.5 zone. The short plat divided the site into a 12,916-
square foot lot and a 12,918-square foot lot; and created a 12,914-square foot lot located directly
to the north that is owned by the current site owners, and improved with an existing residence.
6. On December 28, 2005, the applicant submitted a complete application for a zone
reclassification to the City of Spokane Valley Department of Community Development, in File
No. REZ-31-05.
HE Findings, Conclusions and Decision REZ-31-05 Page 1
7. The site plan submitted by the applicant illustrates division of the site as short platted, but
does not show the existing improvements on the site.
8. The environmental checklist submitted for the application states that the applicant plans to
develop a duplex on each lot, if the proposed rezone is approved. This would require issuance of
a building permit by the City Department of Community Development, Planning Division("City
Planning Division"). The existing improvements would be removed from the site.
9. On March 3, 2006, the City Planning Division issued a Determination of Nonsignificance
(DNS) for the proposed rezone. The DNS was not appealed.
10. The Hearing Examiner conducted a public hearing on the rezone application on April 6,
2006. The notice requirements for the public hearing were met. The Examiner conducted a site
visit immediately prior to the hearing, and on April 24, 2006.
11. The Hearing Examiner heard the proposal pursuant to Chapter 10.35 of the Spokane Valley
Municipal Code (SVMC), and Hearing Examiner Rules of Procedure.
12. The following persons testified at the public hearing:
Micki Hamois, Associate Planner Russell Walker
Spokane Valley Community Development Dept. PO Box 13186
11707 E. Sprague Avenue, Suite 106 904 N. Marguerite
Spokane Valley, WA 99206 Spokane Valley, WA 99213
Larry Parker Jean Brustkern
do Sherry Cook 8904 E. Cataldo
824 N. Marguerite Spokane, WA 99212
Spokane Valley, WA 99212
13. The Hearing Examiner takes notice of the City of Spokane Valley Interim Comprehensive
Plan, Zoning Code, Subdivision Ordinance, and City 2001 Standards for Road and Sewer
Construction; Spokane Valley Municipal Code (SVMC); other applicable development
regulations; and prior land use decisions in the vicinity.
14. The record includes the documents in File No. REZ-31-05 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.
15. The site is approximately .59 acres in size and relatively flat in topography. A shed is
located in the west portion of the site, along with various items of storage. The property is
vegetated with several large mature trees, shrubs and grasses.
HE Findings, Conclusions and Decision REZ-31-05 Page 2
16. Effective January 1, 1991, Spokane County reclassified the zoning of the site and nearby
land to the UR-3.5 zone, pursuant to the Program to Implement the Spokane County Zoning
Code, a county-wide rezoning effort.
17. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA) boundaries and Phase I Development Regulations, pursuant to the
State Growth Management Act.
18. The County Phase I Development Regulations designated the site and area in the UGA, and
retained the zoning of the site and neighboring land. The County Comprehensive Plan designated
the site and nearby land in the Low Density Residential category; and designated the land located
east of the site along Argonne and Mullan Roads; and the land lying along the south side of
Broadway Avenue, east of Marguerite Road; in the Mixed Use category.
19. On March 31, 2003, the site and neighboring 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 certain
other development regulations; subject to certain revisions not relevant to the current application.
20. The site and nearby land are generally zoned UR-3.5 and developed with single-family
•
dwellings on lots of various size. A duplex is located at the northwest corner of the intersection
of Marguerite Road and Broadway Avenue. Several duplexes are located along Sargent Road,
one (1) block west of the site.
21. A 1-acre parcel, zoned Urban Residential-22 (UR-22) and developed for a medical office, is
located 165 feet east of the site, fronting along the north side of Broadway Avenue. A .7-acre
parcel of undeveloped land is located at the northeast corner of the intersection of Broadway
Avenue and Marguerite Road; and a 5-unit apartment complex, located on a 2.2-acre parcel
zoned UR-22, is located at the southeast corner. •
22. The City Arterial Road Plan designates Broadway Avenue, Argonne Road and Mullan Road
in the area as Urban Principal Arterials; and designates Mission Avenue located approximately
one-half(1/2) mile to the north as an Urban Collector Arterial.
23. Argonne Road and Mullan are one-way, multi-lane roads that foam a couplet one (1) block
east of the site, and have a freeway interchange with I-90 directly north of their intersections with
Mission Avenue. Broadway Avenue is a 4-lane facility in the area. Marguerite Road is a paved
Local Access road without curb or sidewalk.
24. Offices, other low intensity commercial uses and multi-family dwellings are located along
Argonne, Mullan Road and the south side of Broadway Avenue (east of Marguerite Road) one
block east or south of the site; on land zoned UR-22, Community Business (B-2) or
Neighborhood Business (B-1).
HE Findings, Conclusions and Decision REZ-31-05 Page 3
25. Certain neighboring property owners expressed opposition to the proposed rezone; based on
duplex housing in a single-family home area, concerns over the character of transient residents
renting duplexes, increased traffic on Marguerite Road, increased crime, impacts on property
values, lack of sewer capacity, and other concerns.
26. The City Zoning Code authorizes a site-specific amendment to the City Zoning Map (i.e.
zone reclassification) if the amendment is consistent with the Comprehensive Plan and is not
detrimental to the public welfare. See Zoning Code 14.402.020(1); and references to Zoning
Code 14.402.020(1) in Zoning Code 14.402.020 and Zoning Code 14.402.160.
27. Washington case law requires the proponent of a rezone to establish, by a preponderance of
the evidence, that the proposed rezone bears a substantial relationship to the public health, safety
or general welfare; and that a substantial change of circumstances has occurred in the area.
However, proof of a substantial change of circumstances is not required if the rezone implements
the comprehensive plan of the local government.
28. The City 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 property involved. The implementing zones for the Low Density
Residential category, in which category the site is designated, are the UR-3.5 and UR-7 zones.
The proposed UR-7* zone implements the Phase I Development Regulations.
29. 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 mariner 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.
30. The City Phase I Development Regulations limit the residential density(net) on land
designated in the Low Density Residential category of the Comprehensive Plan, and rezoned to
the Urban Residential-7 (UR-7) under the City Phase I Development Regulations, to six(6)
dwelling units per acre. Such zoning is referred to as UR-7* on the City's official zoning maps.
31. In 2004, the City amended the residential development standards of the UR-7 zone and the
other residential zones in the City Zoning Code. Such standards retained the underlying
maximum residential density of seven(7) dwelling units per acre in the UR-7 zone; but did not
amend the requirement of the City Phase I Development Regulations limiting the residential
density of land designed in the Low Density Residential category and rezoned to the UR-7* zone
under such regulations to six(6) dwelling units per acre.
32. The UR-3.5 zone permits a maximum residential density(net) of 4.35 dwelling units per
acre; and requires a minimum lot size of 20,000 square feet and a minimum frontage of 80 feet for
duplex housing. The UR-7 zone requires a minimum lot size of 11,000 square feet and a
minimum frontage of 90 feet for duplex housing.
HE Findings, Conclusions and Decision REZ-31-05 Page 4
33. Both the UR-3.5 zone and the UR-7 zone require a minimum front yard setback of 15 feet
(20 feet for garage), minimum rear yard setback of 20 feet, minimum side yard setback of five (5)
feet, and maximum building height of 35 feet and 2.5 stories, for duplexes.
34. For re duplex housing, the UR-7 zone requires a minimum lot size of 11,000 feet, minimum lot
p g q
frontage of 90 feet, minimum front yard setback of 15 feet(20 feet for garage), minimum rear
yard setback of 20 feet, minimum side yard setback of five (5) feet, and maximum building height
of 35 feet and 2.5 stories.
35. If a duplex(two-family dwelling) was developed on each lot making up the site, the
residential density(net) of each lot, and the overall residential density(net) on the site, would be
approximately 6.75 dwelling units per acre. This exceeds the maximum density(net) of six (6)
dwelling units per acre permitted on each lot, or the site overall, under the UR-7* zone; pursuant
to the City Phase I Development Regulations. It is immaterial that each lot meets the minimum
lot size for a duplex in the UR-7 zone. The failure of the proposed duplexes to meet density
requirements does not preclude the Examiner from approving the rezone, but would prohibit the
City Planning Division from issuing a building permit for a duplex on each lot as such lots are
presently configured.
36. Policy UL.9.1 of the Comprehensive Plan recommends that residential densities in the Low
Density Residential category of the Comprehensive Plan range from 1-6 dwelling units 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
Policy UL.8.1 recommends that mixed-income development be provided for in residential areas.
The proposed rezone generally implements these policies, provided the residential density(net) of
six(6) dwelling units per acre is not exceeded on the site.
37. The Staff Report sets forth applicable policies of the Comprehensive Plan, and finds the
proposed rezone to be consistent with such policies and the development standards of the UR-7
zone. The Examiner agrees with such analysis, as qualified and supplemented herein.
38. 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. Such
requirement will help buffer the increased density of housing allowed by a rezone of the site from
the single-family dwellings located to the north, south and west.
39. Because the rezone is not tied to a specific site plan for the purpose of review by the
Examiner, the proposed rezone is exempt from transportation concurrency requirements under the
City Phase I Development Regulations. Traffic concurrency, traffic analysis and required road
improvements would be determined by City Engineering at the time of building permit. This may
include frontage improvements, or a requirement for participation in a local improvement district
(LID) for future improvements to Marguerite Road. The conditions of approval for the short plat
of the site, under the UR-3.5 zone, require frontage improvements for Marguerite Road to be
made through formation of a future RID.
HE Findings, Conclusions and Decision REZ-31-05 Page 5
40. Development of housing on the site under the UR-7* zone would generate a modest
increase in area traffic over development of the site under the UR-3.5 zone. There is no
competent evidence in the record of a traffic engineering nature establishing that development of
housing on the site under the UR-7* zone would cause the level of service at road intersections in
the vicinity to fail, or result in a traffic safety hazard.
41. Approval of the rezone does not authorize any particular development of the site. The
rezone application states that the development of new duplexes on the site would increase •
property values in the vicinity. Such units could be either rented or owner-occupied. The
environmental checklist submitted by the applicant states that the proposed duplexes for the site
are intended for the middle income population, and would have a maximum building height of 23-
25 feet. If new duplexes could be developed on the site, it is doubtful that they would cause the
area to be blighted. •
42. The County Division of Utilities and Hutchinson Irrigation District No. 16, respectively,
certified the availability of public sewer and water for the proposed rezone. The proposed rezone
complies with the public sewer and water concurrency requirements of the City Phase I
Development Regulations.
43. The site is suitable for a rezone to the UR-7* zone; considering the rezone implements the
Low Density Residential category of the Comprehensive Plan and the County Phase I
Development Regulations; the relative nearness of the site to two Urban Principal Arterials, the
commercial corridor along Argonne Road, and higher density housing in the area; and the
availability of a high level of public services to the site. There is no competent evidence in the
record that the proposal will have any significant adverse impact on the value of neighboring
single-family homes.
44. The current rezone application conforms to the Comprehensive Plan. In addition, changed
conditions have occurred in the area since the zoning of the site was reclassified to the UR-3.5
zone by the County in 1991. This includes the extension of public sewer to the area, commercial
development along Argonne and Mullan Roads in the area, adoption of the City Comprehensive
Plan and City Phase I Development Regulations, and incorporation of the City of Spokane Valley.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. Pursuant to the City Phase I Development Regulations, the maximum residential density
(net) permitted in the Urban Residential-7* (UR-7) zone on the site is six(6) dwelling units per
acre.
2. The development of duplexes on each of the two lots making up the site, as contemplated by
the applicant, would exceed the maximum residential density(net) of six(6) dwelling units per
acre permitted in the UR-7* zone, for each lot and for the site as a whole.
HE Findings, Conclusions and Decision REZ-31-05 Page 6
3. The proposed zone reclassification, as conditioned, conforms to the City Comprehensive
Plan.
4. The proposed rezone, as conditioned, bears a substantial relationship, and will not be
detrimental, to the public health, safety or welfare.
5. A substantial change of circumstances has occurred in the area since the site was last zoned.
6. The proposed rezone, as conditioned, City Zoning complies with the UR-7* zone, the Cit Zonin Code
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and other applicable development regulations.
7. 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.
8. Approval of the zone reclassification, as conditioned, is appropriate under Chapter
14.402.020(1) of the City Zoning Code, and Chapter 10.35 of the Spokane Valley Municipal
Code; and meets the criteria established by Washington case law for approving a rezone
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the application for a zone
reclassification of the site 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. •
This approval does not waive the applicant's obligation to comply with all other
requirements of other public agencies with jurisdiction over land development.
•
Conditions of Approval
CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT-
CURRENT PLANNING
1. The applicant, including the owners and developers of the property, and their heirs,
successors and assigns, shall comply with the conditions of approval set forth in this decision.
2. The development of duplexes on each lot making up the site, as planned by the applicant,
would exceed the maximum residential density in the Urban Residential-7* (UR-7*) zone of six
(6) dwelling units per acre, and cannot be permitted on such lots as currently configured.
HE Findings, Conclusions and Decision REZ-31-05 Page 7
SPOKANE COUNTY DIVISION OF UTILITIES
1. A wet (live) sewer connection to the area-wide Public Sewer System shall be constructed
and a sewer connection permit is required. Commercial developments shall submit historical and
or estimated water usage prior to the issuance of the connection permit in order to establish sewer
fees.
2. The applicant shall submit expressly to the 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.
3. Sewer plans acceptable to the Spokane County Division of Utilities shall be submitted prior
to the finalization of the preliminary plat.
4. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1. Dust emissions during demolition, construction, and excavation projects shall be controlled.
Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers
or suspension of activity during certain weather conditions.
2. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto
paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately
to clean these surfaces.
3. Debris generated as a result of this project shall be disposed of by means other than burning.
4. All traveled surfaces (i.e. ingress, egress, parking areas, access roads, etc.) should be paved
and kept clean to minimize dust emissions.
5k If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
6. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
7. A Notice of Construction and Application for Approval is required to be submitted and
approved by SCAPCA prior to the construction, installation, or establishment of an air pollution
source. This includes emergency generators rated at 500 hp (375 kW) or higher, natural gas
heating equipment units rated at 4 MMBTU/hr or higher(input), and heating equipment units
fired with other fuels (e.g. diesel) rated at 1 MMBTU/hr(input) or higher. The applicant shall
contact SCAPCA for a Notice of Application.
HE Findings, Conclusions and Decision REZ-31-05 Page 8
8. A Notice of Intent must be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application.
WASHINGTON STATE DEPARTMENT OF ECOLOGY(SPOKANE OFFICE)
1. Any discharge of sediment-laden runoff or other pollutants to waters of the state is in
violation of Chapter 90.48, Water Pollution Control, and WAC 173-201A, Water Quality
Standards for Surface Waters of the State of Washington, and is subject to enforcement action.
2. Proper disposal of construction debris must be on land in such manner that debris cannot
enter the natural stormwater drainage system or cause water quality degradation of state waters.
3. Proper erosion and sediment control practices must be used on the construction site and
adjacent areas to prevent upland sediments from entering the natural stormwater drainage system.
All areas disturbed or newly created by construction activities must be revegetated; use
bioengineering techniques, use clean durable riprap, or some other equivalent type of protection
against erosion when other measures are not practical.
4. Any operation which would generate a waste discharge or have the potential to impact the
quality of state waters, must receive specific prior authorization from Department of Ecology as
provided under Chapter 90.48 RCW, Chapter 173-216 WAC, Chapter 173-220 WAC, Chapter
173-200 WAC and Chapter 173-201A WAC.
5. All dry wells and other injection wells must be registered with the Underground Injection
Control program(UIC) at Department of Ecology. Contact the UIC staff at UIC Program,
Department of Ecology, PO Box 47600, Olympia, WA 98504-7600 or(360) 407-6616 for
registration forms and further information.
6. Dry wells cannot be used for disposal of stormwater unless a treatment device or all known
available and reasonable methods of prevention, control and treatment(AKART) is provided
prior to injection and the discharge can meet the Ground Water Standards, Chapter 173-200
WAC. Examples of AKART are grassy swales, sand filters, catch basins, and wet and dry ponds.
A coalescing plate oil/water separator or equivalent treatment must be used in high traffic areas
where gasoline or oil contamination or storm water is likely to be present. Disposal of antifreeze,
oil and other pollutants into drywells is not allowed.
7. Routine inspection and maintenance of all sediment and erosion control devices is
recommended both during and after development of the site.
8. During construction, all releases of oils, hydraulic fluids, fuels, other petroleum products,
paints, solvents, and other deleterious materials must be contained and removed in a manner that
HE Findings, Conclusions and Decision REZ-31-05 Page 9
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will prevent their discharge to waters and soils of the state. The cleanup of spills should take
precedence over other work on the site.
9. Dumpsters and refuse collection containers must be leak free with close fitting covers. The
drainage for refuse containers and dumpster areas adjacent to or over the water must be
connected to the sanity sewer or otherwise designed to prevent leachate from bein g
discharged to
surface waters.
10. On-site septic tank and drainfield systems are designed to treat and dispose of domestic
wastewater or its equivalent only. Commercial and industrial operations discharging wastes other
than domestic wastewater to on-site systems may result in ground water contamination and could
cause the facility owner or operator to incur severe liabilities.
DATED this 25th day of April, 2006
CITY HEARING EXAMINER PRO TEM
Micha 1 C. Dempsey, WSBA#823'4
0
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Section 10.35.150 of the City of Spokane Valley Municipal Code (SVMC), as
amended, 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 with standing files an appeal of the decision with the City Council of the City of
Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane Valley, Washington; in
accordance with all the requirements of SVMC#10.35.150.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on April 25, 2006. THE APPEAL CLOSING DATE IS MAY 9, 2006.
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 may be inspected
at the City of Spokane Valley Department of Community Development, Division of 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-31-05 Page 10