REZ-01-05_SUB-02-05 6-21-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification )
from the UR-3.5 Zone to the UR-7* Zone, )
and from the B-3 Zone to the UR-22 Zone; ) FINDINGS OF FACT,
and Application for a Preliminary Plat; ) CONCLUSIONS OF LAW,
Applicant: Progress Properties, L.P. ) AND DECISION
File No. REZ-01-05/SUB-02-05 )
I. SUMMARY OF DECISION
Hearing Matter: Applications for rezones and a preliminary plat.
Summary of Decision: Approve applications, subject to modifications to meet minimum lot
size and density, and subject to conditions of approval. The preliminary plat will expire on June
21, 2010. An application to request an extension of time for the preliminary plat must be
submitted at least 30 days prior to the expiration date.
II. FINDINGS OF FACT
1. The applications seek approval of a zone reclassification from the Urban Residential-3.5
(UR-3.5) zone to the Urban Residential-7* (UR-7*) zone, and a zone reclassification from the
Regional Commercial (B-3) zone to the Urban Residential-22 (UR-22) zone, on 2.8 acres of
land; and a preliminary plat to subdivide such acreage into sixteen(16) lots for single-family
dwellings, and two common open space tracts.
2. The site is located along the east side of Progress Road, approximately 700 feet north of the
intersection of Sprague Avenue and Progress Road, in the SE 1/4 of Section 14, Township 25
North, Range 44 East, Willamette Meridian, Spokane County, Washington. The site is addressed
at 202 North Progress Road, Spokane Valley.
3. The site is currently referenced as County Assessor's tax parcel no. 45144.1330, and is
legally described on the preliminary plat map of record submitted on May 10, 2005.
4. The applicant for the proposal is Progress Properties, L.P., 17501 E. Alki, Spokane Valley,
WA 99016. The site owners are Dwight and Linda Calkins, 4329 S. Custer Road, Spokane,
Washington 99223, and Rick and Beva Miles, 17501 E. Alki, Spokane Valley, Washington
99016.
5. On January 31, 2005, the applicant submitted complete applications for a zone
reclassification and preliminary plat in City Department of Community Development File No.
REZ-01-05/SUB-02-05. On May 10, 2005, the applicant submitted a revised preliminary plat
map; which made minor revisions to the preliminary plat, and is considered the preliminary plat
map of record.
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 1
6. On April 15, 2005, the Department of Community Development issued a Mitigated
Determination of Nonsignificance(MDNS) for the proposal. The MDNS was not appealed.
7. The Hearing Examiner conducted a site visit on May 10, 2005, and conducted a public
hearing on the proposal on May 12, 2005. The requirements for notice of public hearing were
met.
8. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 03-057, as
amended by City Ordinance Nos. 03-081 and 04-012, and the City Hearing Examiner Rules of
Procedure.
9. The following persons testified at the public hearing held on May 12, 2005:
Karen Kendall, Assistant Planner Sandra Raskell,Assistant Development Engineer
City of Spokane Valley City of Spokane Valley
11707 E Sprague Ave Suite 106 11707 E Sprague Ave Suite 106
Spokane Valley, WA 99206-6124 Spokane Valley, WA 99206-6124
Beva Miles Jack Brede
17501 E. Alki 15114 E. Valleyway
Spokane Valley, WA 99016 Spokane Valley, WA 99016
Bonnie Paplinski Paul Huetter
15112 E. Valleyway PO Box 2
Spokane Valley, WA 99016 Coeur d'Alene, ID 83816
Hilleri Viljanen
15212 E. Valleyway
Veradale, WA 99032
10. The Hearing Examiner takes notice of the City Comprehensive Plan, Zoning Code,
Subdivision Ordinance, Critical Areas Ordinance, 2001 Standards for Road and Sewer
Construction, and Guidelines for Stormwater Management; other applicable development
regulations; City zoning maps for the area; and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-01-05/SUB-02-05 at the time of the
May 12, 2005 public hearing; the documents and testimony submitted at the public hearing; and
the items taken notice of by the Hearing Examiner. On June 2, 2005, at approximately 12.13
p.m., the Examiner received a letter from Hilleri Viljanen, by facsimile, in opposition to the
proposal. Because the letter was submitted after the record was closed, it must be excluded from
the record.
12. The site is approximately 2.8 acres in size, irregular in shape and undeveloped. The south
boundary of the westerly three-fourths of the site slopes down to the south at a maximum grade
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 2
of 5%; and is heavily vegetated with conifer and deciduous trees, and shrubs. Such conditions
resulted from excavation of a drainage swale for the adjacent grocery store to the south. The
remainder of the property is relatively flat in topography and covered with deciduous trees,
shrubs, and grasses.
13. A 6-foot high chain link fence is located along the south boundaries of the site, and the
west boundary of the southeast extension of the site. The north boundary of the site is bordered
by perimeter wire fencing. A wood fence and hedge are located along the north boundary of the
west 126 feet of the site. The site has been used for unlawful dumping and littering in the past.
14. The rezone application would rezone the south 150 feet(.6 acres) of the site from the B-3
zone to the UR-22 zone, and rezone the remaining 2.2 acres of the site from the UR-3.5 zone to
the UR-7 zone. The entire site is included within the proposed preliminary plat.
15. The preliminary plat map illustrates 12 lots for single-family dwellings in the UR-7 zone,
four(4) lots for single-family dwellings in the UR-22 zone, and two common open space tracts
totaling 8,850 square feet in area. The map lists single-family lot sizes ranging from 5,936
square feet to 8,850 square feet in size,with an average lot size of 7,050 square feet.
16. The preliminary plat map improperly includes the private road area within the dimensions
of the individual lots and lot areas. "Lot area"is defined by the City Zoning Code as "[t]he total
horizontal space within the lot lines of a lot, excluding any street right of way". "Lot frontage
(frontage)"is defined as "[t]he length of that portion of a lot abutting the public (private) street
providing principal access to the lot". "Lot front line"is defined as "[a] line separating the lot
from the street, or public right of way other than an alley if a street does not exist..." See Zoning
Code Section 14.300.100.
17. Zoning Code 14.300.100 defines "street,public (private)" as follows:
"A public thoroughfare or private thoroughfare the legal description of which is
recorded with the County Auditor either of which affords primary means of access
to abutting property. A recorded private thoroughfare may be a recorded
easement for ingress or egress or a platted street designed as a private
thoroughfare for access of abutting property but for which the City assumes no
responsibility or ownership and is available for use to the abutting property
owners only. The private road easements and road maintenance agreements shall
meet the requirements of the adopted public or private road standards for the City
of Spokane Valley, as adopted. The private road easements and associated
maintenance agreement shall be recorded with the County Auditor prior to final
subdivision or segregation by Certificate of Exemption." [Emphasis added]
18. Zoning Code 14.300.100 defines "driveway" as "[a]ny area, improvement or facility
between the roadway of a public or private street and private property, which provides
ingress/egress for vehicles from the roadway to a lot(s) or parcel(s)."
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19. It is clear from the above Zoning Code definitions that a"lot" does not include the public or
private street or road on which the lot fronts, and that lot lines should not be drawn to include any
portion of a public or private street or road. This appears intuitive, since the portion of a private
or public road on which a lot abuts serves several lots. A"driveway"is treated differently,
though it may serve up to three lots, because it is not defined as a"street"or"road".
20. The Examiner has roughly estimated the size of the proposed lots, less the area reserved for
private roads, as follows:
Lot 1: 6,457 square feet
Lots 2-5: 6,079 square feet
Lot 6: 6,260 square feet
Lot 7: 6,329 square feet
Lot 8-10: 5,736 square feet
Lot 11: 6,600 square feet
Lot 12: 5,820 square feet
Lot 13: 5,190 square feet
Lot 14: 5,610 square feet
Lot 15: 5,600 square feet
Lot 16: 5,636 square feet
21. The minimum lot size in the UR-7 zone for a single-family dwelling is 6,000 square feet.
Lots 1-12 of the preliminary plat are proposed in the UR-7 zone. Accordingly, Lots 8-10, and
Lot 12, as revised, would not meet the minimum lot size required by the UR-7 zone. The
minimum lot size in the UR-22 zone for a single-family dwelling is 1,600 square feet. Lots 13-
16,proposed in the UR-22 zone, as revised, each easily meet minimum lot size.
22. "Density"is defined by Zoning Code 14.300.100, in pertinent part, as follows:
"The number of dwelling units per acre of land, including parcels for common
open space, stormwater drainage facilities and tax exempt open space..., after
deducting the area for roads...and any other nonresidential use..."
Such definition of"density"is sometimes referred to as "net density".
23. The Examiner estimates the area reserved for private roads in the UR-7* zone portion of
the preliminary plat to be .35 acres. Based on such calculations, the net acreage in the UR-7*
portion of the preliminary plat would be 1.85 acres; and the residential density(net) of the UR-7*
zone portion, proposed for 12 lots,would be approximately 6.5 dwelling units per acre. This
exceeds the maximum density(net)permitted in the UR-7* zone of six (6) dwelling units per
acre.
24. The Examiner estimates the area reserved for private roads in the UR-22 zone portion of
the preliminary plat to be .09 acres. The net acreage in the UR-22 zone portion of the
preliminary plat would be .51 acres; and the residential density(net) of the UR-22 zone portion
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 4
of the preliminary plat, reserved for four(4) lots,would be approximately 7.84 dwelling units per
acre. This is well below the maximum residential density permitted in the UR-22 zone of 22
dwelling units per acre.
25. The UR-7* zone portion of the preliminary plat could be modified to meet the minimum lot
size and density requirements of the UR-7* zone by eliminating one(1) lot and increasing the
size of the lots that do not meet minimum lot size requirements. The applicant may alternatively
request an administrative variance for the substandard lot areas,which variance can be granted
for up to a 25% deviation. However, an administrative variance cannot be issued for maximum
density. To retain the number of lots in the preliminary plat at 16, the applicant could potentially
add an additional lot to the UR-22 zone portion of the preliminary plat,by reducing the size of
the proposed lots in such portion of the preliminary plat.
26. Effective January 1, 1991, Spokane County reclassified the zoning of the portion of the site
currently zoned UR-3.5, and other nearby land to the north, south and east, from its residential
zoning under the expired County Zoning Ordinance to the UR-3.5 zone;pursuant to the Program
to Implement the Spokane County Zoning Code. See County Resolution No. 85-0900.
27. In the same 1991 zoning action, the County reclassified the zoning of the southeast portion
of the site, the land lying east of the southeast portion of the site, the land lying south of the site,
and most of the land lying southeast and southwest of the site, to the Regional Business (B-3)
zone.
28. In 1998, the County reclassified two (2) acres of land located 450 feet northeast of the site,
along the north side of Valleyway Avenue, from the UR-7 zone to the UR-22 zone, for offices
and/or multi-family dwelling units. See decision in File No. ZE-20-98.
29. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA)boundaries and Phase I Development Regulations,pursuant to the
GMA. See County Resolution Nos. 2-0037 and 2-0470. The County Phase I Development
Regulations designated the site and neighboring land in the UGA.
30. The County Comprehensive Plan designated the portion of the site zoned UR-3.5, and the
other residentially zoned land in the vicinity, in the Low Density Residential category; except for
the land zoned UR-7 and UR-22 located northeast of the site, north of Valley Way Avenue,
which was designated in the Medium Density Residential category.
31. The County Comprehensive Plan designated the southerly 150 feet of the site, and the land
zoned for commercial purposes to the south and east, in the Community Center category of the
Comprehensive Plan. The commercially zoned land located west of Progress Road, and the
commercially zoned land located along Sullivan Road north of Valley Way Avenue,was
designated in the Regional Commercial category.
32. The County Phase I Development Regulations retained the existing zoning of the site and
neighboring land in the vicinity.
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 5
33. On March 31, 2003, the site and area were incorporated into the City of Spokane Valley.
Upon incorporation, the City adopted the County Comprehensive Plan, County Zoning Code,
County official zoning maps, County Phase I Development Regulations and other County
development regulations by reference,with certain revisions.
34. The City Comprehensive Plan and City Phase I Development Regulations, respectively,
retained the comprehensive plan designations and zone classifications imposed by the County
Comprehensive Plan and Phase I Development Regulations. The site is located inside the
Aquifer Sensitive Area(ASA) Overlay zone designated by the City Zoning Code.
35. The residentially zoned land surrounding the site is primarily developed for single-family
dwellings. Some duplexes are found to the northeast, north of Valley Way Avenue, on land
zoned UR-7 and UR-3.5. A grocery store and retail businesses are found to the south, and a self-
service storage use and residence are located directly to the east. A new fitness center is being
constructed on land zoned B-3 at the northwest corner of the intersection of Sprague Avenue and
Progress Road. The land bordering Sprague Avenue and Sullivan Road in the area is dominated
by intensive commercial zoning and uses.
36. The City Arterial Road Plan designates Sprague Avenue and Sullivan Road as Urban
Principal Arterials, and Valley Way Avenue as an Urban Collector Arterial.
37. Some owners of neighboring properties expressed opposition to the proposal, voicing
concerns regarding housing density, lot sizes, impacts on property values, impacts to
neighborhood character, traffic capacity and safety impacts along Progress Road and Valleyway
Road, impacts to pedestrians and students along Progress Road, adequacy of access from the
proposal to Progress Road, impacts on wildlife, loss of privacy,buffering and loss of screening,
increased noise, dust from construction, and other concerns.
38. 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.
39. The implementing zones for the Low Density Residential category, in which a portion of
the site is designated, are the UR-3.5 and UR-7 zones. The implementing zones for the
Community Center category of the Comprehensive Plan, in which the remainder of the site is
designated, are the UR-22,Neighborhood Business (B-1) and Community Business (B-2) zones.
40. The proposed rezone of a portion of the site from the UR-3.5 zone to the UR-7* zone, and
the proposed rezone of the remainder of the site from the B-3 zone to the UR-22 zone, implement
the City Phase I Development Regulations and the Comprehensive Plan.
41. The Staff Report sets forth policies of the Comprehensive Plan applicable to development
in the Low Density Residential category and the Community Center category of the
Comprehensive Plan.
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 6
42. Policy UL.8.1 and Goal UL.8 of the Comprehensive Plan recommend the creation of urban
areas with a variety and mix of housing types and prices in residential areas. 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 City seek to achieve an average residential density in new development in
the UGA of at least four(4) dwelling units per acre, through a mix of densities and housing. The
proposal implements such policies.
43. The Comprehensive Plan states that community centers are higher intensity, mixed-use
areas designed to serve two or more neighborhoods; and may have a mix of uses, including
commercial, civic, high density residential and recreational. Such centers are viewed as
providing a focal point and contributing to community identity.
44. Policy UL.10.2 of the Comprehensive Plan recommends that the City develop and maintain
design standards to ensure that community centers are developed with minimal impact on
surrounding land uses, are consistent with community character and assure pedestrian and
vehicular access. Policy UL.10.3 states that community centers may contain a mix of uses
ranging from residential to commercial to office/industrial area; and that neighborhood and
subarea planning shall be used to determine appropriate uses within a specific neighborhood.
45. Policy UL.11.11 of the Comprehensive Plan recommends that design standards and land
use plans be adopted for community centers,based on several principles set forth in such policy.
46. Policies UL.2.3 through 2.09 of the Comprehensive Plan recommend that the City establish
a design review process, to run concurrent with the land use approval process, for mixed-use
areas and certain other types of development. Such process would include the development of
urban design guidelines, to provide consistency of application for the design review process; the
establishment of a design review board, consisting of members from designated professional
groups, to review the larger,more complex projects; use of the administrative process to provide
design review for small projects; and the development of neighborhood, subarea and community
plans,with specific design standards that reflect and preserve neighborhood character.
47. Spokane County, between the time it adopted a new comprehensive plan under the State
Growth Management Act in 2002 and the City of Spokane Valley's incorporation in 2003, did
not establish a design review process or design review board; adopt neighborhood, community or
sub-area plans for the area; or adopt design standards other than the existing County Zoning
Code and the Phase I Development Regulations; to implement the policies of the County's
comprehensive plan regarding urban activity centers or the Urban Activity Center category.
48. The City is in the process of revising the interim comprehensive plan it adopted from the
County, to comply with the State Growth Management Act. Since incorporation, the City has not
implemented those policies of the City Comprehensive Plan regarding community centers or the
Community Center category, that recommend establishing a design review process and design
review board, adopted any sub-area/neighborhood/community plans for the area; or adopted
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 7
design standards other than those existing in the City Zoning Code and Phase I Development
Regulations.
49. RCW 36.70A.470 requires that the review of local projects subject to the land use
processing procedures set forth in chapter 36.70B RCW be used to make individual project
decisions, not land use planning decisions; and that project review continue even in the presence
of a deficiency in a comprehensive plan or development regulations. Such statute defines a
deficiency in a comprehensive plan or development regulation as the absence of required or
potentially desirable contents of a comprehensive plan or regulation.
50. Pursuant to RCW 36.70A.470, the Hearing Examiner cannot deny or delay approval of the
proposed rezones on the basis that the City has not yet adopted policies, a design review process
or design standards to fully implement the policies of the Urban Activity Center. The Examiner
must apply the policies and development regulations currently in effect to the proposal.
51. Policy UL.2.14 of the Comprehensive Plan recommends that separated sidewalks be
required on public roads in all new residential subdivisions. Policy T.3e.1 recommends that the
City transportation network provide safe and convenient bicycle and walking access between
housing,recreation, shopping, schools, community facilities and mass transit access points; and
that obstructions and conflicts with pedestrian and bicycle movement be minimized.
52. The Comprehensive Plan encourages new developments to be arranged in a pattern of
connecting streets and blocks, to allow people to get around easily by foot, bicycle,bus or car.
The Plan recognizes that cul-de-sacs or other closed street systems may be appropriate under
certain circumstances, including,but not limited to, topography and other physical limitations
which make connecting systems impractical. See Policy UL.2.20.
53. Policy T.4a.4 of the Comprehensive Plan recommends that private roads be allowed within
developments as a principal means of circulation; provided adequate measures are in place to
assure safe travel, emergency access and permanent private maintenance.
54. Policy T.2.2 of the Comprehensive Plan recommends that transportation improvements
needed to serve new development be in place at the time new development impacts occur, or that
a financial commitment, consistent with the City's Capital Facilities Plan,be made to complete
the improvement within six (6) years.
55. Policy T.4a.2 of the Comprehensive Plan recommends that the capacity of existing roads be
maximized to minimize the need for new or expanded roads, through the use of signalization,
improved signage and other means.
56. Guidelines set forth in the City 2001 Standards for Road and Sewer Construction("City
Road Standards")recommend the provision of adequate vehicular and pedestrian access to all
parcels of land, minimizing through traffic movements and excessive speeds on local access
streets, logical street patterns, minimizing vehicular and pedestrian-vehicular conflict points,
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 8
considering traffic generators in designing a street system in a proposed development, and
considering bordering arterial routes.
57. The City Road Standards require the installation of curb and sidewalk along the frontage of
public roads in new residential developments, in urban residential zones. The standards require
separated sidewalk, unless City Engineering authorizes a deviation based on local conditions and
other factors.
58. The UR-3.5 zone, which currently applies to a portion of 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 a
single-family dwelling in the UR-3.5 zone is 80 feet, and the minimum lot size is 10,000 square
feet.
59. The UR-7 zone is intended to add to the variety of housing types and densities in urban
areas, 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.
60. 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 and minimum
frontage for a single-family dwelling in the UR-7 zone are respectively 6,000 square feet and 65
feet.
61. The 2001 County Standards for Road and Sewer Construction, adopted by the City of
Spokane Valley by reference (hereafter referred to as "City Road Standards"), define a private
road as a"...privately owned vehicular access route serving more than three lots,parcels or tracts
which do not have frontage on a public road right of way."
62. The City Road Standards contain specifications for private roads, including a requirement
that the roadway width be at least 24 feet for a private road serving 7-20 lots, and at least 20 feet
wide for a private road serving 3-6 lots. Such standards state that"private driveways provide
primary vehicular access for a roadway to up to three lots." See City Road Standards, Section
1.02, Table 3.03, and Sections 3.22 and 3.24. The private road system in the project complies
with such standards.
63. The proposed UR-22 zone is generally consistent with the purpose and intent of the UR-22
zone, as set forth in Zoning Code 14.622.100; although such section is somewhat outmoded since
it was not updated to reflect the policies of the Comprehensive Plan or the provisions of the City
Phase I Development Regulations. The proposal is located near and between two arterials, and
near a third arterial. The portion of the preliminary plat in the UR-22 zone provides transition
between the intensive commercial uses located to the south and the single-family residences and
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 9
zoning proposed in the remainder of the project; abuts a self-service storage use on the east; and
is located near the new fitness center being developed to the southwest. The proposed UR-22
zone provides the opportunity for higher density housing in a location close to employment,
shopping and the major transportation routes; and served by a high level of public services,
including public sewer and water, and reasonable proximity to public transit.
64. The proposed UR-7 zone provides a density transition between the single-family residences
and UR-3.5 zoning to the north and the UR-22 zone and higher density housing proposed in the
southeast 150 feet of the site. The record indicates that input was received from neighboring
property owners immediately prior to the time the property was designated under the County
Comprehensive Plan in 2001/2002, and that there was great support for office or low rise
multifamily development,but little support for commercial development of the site and a fear of
low quality multifamily development. See letter dated May 11, 2005 from Mathew Hawkins of
Kiemle and Hagood Company to Karen Kendall.
65. The City Critical Areas maps do not designate any priority wildlife habitat on the site.
While a variety of wildlife use the site, there is no competent evidence in the record that any
priority wildlife habitat is located on the site, or that any threatened or endangered species
frequent the site.
66. County Utilities certified the availability of public sewer to serve the preliminary plat, and
Vera Water and Power certified the availability of public water. Water and sewer utilities are
located in Progress Road adjacent to the site. The proposal complies with the public sewer and
water concurrency requirements of the City Phase I Development Regulations.
67. City Engineering conditions of approval require the submittal of final road and drainage
conditions conforming to the City Road Standards and City Guidelines for Stormwater
Management, and improvement of the private roads in the preliminary plat in accordance with
the standards contained in the City Road Standards. Sidewalk and a road approach already exist
along the frontage of the site with Progress Road.
68. Spokane Fire District 1 conditions of approval require the applicant to install fire hydrants
for the proposal. Vera Water and Power conditions require the applicant to submit a water plan
for the proposal and to provide utility easements for each lot. The preliminary plat is well below
the 50-lot threshold of the City Road Standards where a secondary fire/emergency access road is
required. Hammerheads are provided at the internal terminus points of the private roads in the
preliminary plat, for fire/emergency access.
69. The applicant submitted a trip distribution letter for the proposal prepared by a qualified
traffic engineering consultant. The letter indicates that traffic will likely be distributed 65%to
the north on Progress Road and 35%to the south on Progress Road, and that the project is
unlikely to have any adverse impacts to the road intersections used by traffic from the proposal.
City Engineering certified that the proposal met the transportation concurrency requirements of
the City Phase I Development Regulations.
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 10
70. Competent evidence of a traffic engineering nature was not submitted by neighboring
property owners to establish that the project would have any significant adverse impact on traffic
capacity or safety, or the safety of pedestrians or students walking to school. The site is located
approximately 1,100 feet south of the Progress Elementary school grounds. Central Valley
School District was contacted regarding the proposal, and advised that it had no comment on the
proposal. Sidewalk is already located on the frontage of the site with Progress Road.
71. The City Phase I Development Regulations do not require direct concurrency for schools,
parks,police or fire protection. The proposal will contain a small amount of open space.
72. The applicant indicated that homes on the site would range from 900-1,200 square feet;
with two bedrooms, two baths, full basements and a 2-car garage; and would appeal to young
professionals, retired persons, etc. who require both quality and value in their home purchase.
This was supported by the submittal of architectural renderings and floor plans. See Exhibit 14.
There is no competent evidence in the record of an appraisal nature indicating that the property
would have any significant adverse impacts on property values. Development of the project
would eliminate use of the site by transients and for illegal dumping.
73. The UR-7 zone requires the installation of a 6-foot high sight-obscuring fence, wall or solid
landscaping along the border of any UR-7 zone with a UR-3.5 zone. This requirement would
apply along the north and east border of the portion of the preliminary plat located in the UR-7
zone. The owner(Bonnie Paplinski) of a single-family residence located directly north of the
northwest corner of the site requested that the applicant leave bushes that encroach on the site,
are 10 feet tall and provide a sight buffer. The applicant advised that the hedge was 6-8 feet
thick, and that it would try to work out a compromise with such resident.
74. Spokane County Air Pollution Control Authority conditions of approval require the
applicant to take dust control measures during construction of the project.
75. Subject to modification of the preliminary plat to meet the maximum density requirements
of the UR-7* zone, and to meet the minimum lot area requirements of the UR-7 zone if an
administrative variance to such requirements is not requested or obtained, the proposed rezones
and preliminary plat implement the policies of the Comprehensive Plan and area consistent with
applicable development regulations.
76. In accordance with the City Subdivision Ordinance, the design, shape, size and orientation
of lots in the preliminary plat are appropriate for the proposed use of such lots, and the character
of the area in which the lots are located. Block dimensions reflect due regard for the needs of
convenient access,public safety, emergency vehicle access, topography, road maintenance and
provision of suitable sites for the proposed use. Road alignments in the proposal are designed
with appropriate consideration for existing and planned roads, anticipated traffic patterns,
topographic and drainage conditions, safety and the proposed use of the site.
77. No public agencies objected to the proposal, as conditioned, or its environmental impact.
The project will not have more than a moderate effect on the quality of the environment.
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 11
78. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare.
79. The proposal has been conditioned for compliance with the UR-7* zone, the County
Zoning Code, the County Subdivision Ordinance, and other applicable development regulations.
No deficiencies with regard to the compliance of the proposal, as conditioned, with applicable
development regulations have been established in the record.
80. Significant changes have occurred in the area since the zoning of the site was reclassified to
the UR-3.5 zone and B-3 zone in 1991. This includes the extension of public sewer to the area,
adoption of the Comprehensive Plan and the Phase I Development Regulations, incorporation of
the City of Spokane Valley in the area, and increased commercial development and traffic along
Sprague Avenue and Sullivan Road in the area.
Based on the above findings of fact,the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. Subject to modification to meet the density requirements of the UR-7* zone, the proposed
preliminary plat, and proposed zone reclassification to the UR-7* zone and UR-22 zone, as
conditioned, generally conform to the Comprehensive Plan.
2. The preliminary plat and dedication will serve the public use and interest; and make
appropriate provision for the public health, safety and general welfare.
3. The preliminary plat and dedication make appropriate provision for open spaces, roads,
drainage ways, schools and school grounds,playgrounds,parks and recreation, sidewalks for
children who walk only to school, non-motorized transportation, sanitary wastes,potable water
supplies, easements, utilities,planning features, and all other relevant facts as specified in RCW
58.17.110 and the City Subdivision Ordinance.
4. The proposed subdivision meets the general design requirements specified in Section
12.400.122 of the City Subdivision Ordinance, and other requirements for the approval of
preliminary plats listed in chapter 12.400 of such ordinance.
5. The proposed rezones bear a substantial relationship, and will not be detrimental, to the
public health, safety or welfare.
6. A change in economic, technological, or land use conditions has occurred to warrant the
proposed rezones, and a substantial change of circumstances has occurred in the area since the
site was last zoned.
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 12
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. The proposal, as modified and conditioned, complies with the UR-7* zone and UR-22
zone, the Aquifer Sensitive Overlay zone, other applicable provisions of the City Zoning Code,
and other applicable development regulations.
9. Approval of the zone reclassifications and preliminary plat is appropriate under Chapter
14.402.020 of the City Zoning Code, and under City Ordinance No. 03-57, as modified by
Ordinance Nos. 03-081 and 04-012.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject applications for a
preliminary plat, and for a zone reclassification to the UR-7* zone and UR-22 zone, are hereby
approved, subject to modification to meet the maximum density and minimum lot area
requirements of the UR-7* zone, and 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.
CONDITIONS OF APPROVAL:
A. General conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The Spokane Valley Interim Zoning Map shall be updated to specify an Urban Residential-
7* (UR-7*) designation for Parcel No. 45133.0625 on the north 2.2 acres and a designation of
Urban Residential-22 (UR-22) for the southeast 0.6 acres.
2. The maximum density for future residential development on the portion of the site rezoned
to the UR-7*zone shall be six (6) dwelling units per acre.
3. The maximum density for future residential development in the portion of the site rezoned
to the Urban Residential-22 zone shall be twenty-two (22) dwelling units per acre.
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 13
4. The preliminary plat map of record, submitted on May 10, 2005 improperly illustrates
portion of the private roads within the lot boundaries. The private roads may not be included
within the boundaries of the individual lots, cannot be included in determining individual lot
areas and must be subtracted from gross area in determining the density (net) of the preliminary
plat in the UR-7*and UR-22 zone. Accordingly, the preliminary plat exceeds the maximum
density(net)permitted in the UR-7*zone; and Lots 8-10, and Lot 12 do not meet the minimum
lot area required by the UR-7*zone. The preliminary plat shall be modified to correct such
deficiencies,prior to final plat approval.
5. The approved preliminary plat shall have a maximum of sixteen(16) single-family
residential lots, unless a preliminary plat modification is approved pursuant to Section
12.100.120 (Modifications) of the Spokane Valley Interim Subdivision Ordinance. The
preliminary plat, subject to modification as required herein, shall substantially conform to the
preliminary plat map of record submitted on May 10, 2005.
6. Pursuant to Section 12.100.118 (Extensions of Time) of the Subdivision Ordinance, an
application form and supporting data for time extension requests must be submitted to the
Director at least thirty(30) calendar days prior to the expiration of the preliminary plat approval.
If a request for an extension of time is not timely submitted and approved, the preliminary plat
will expire on June 21, 2010 and become null and void.
7. Pursuant to Section 12.100.130 (Enforcement) of the Subdivision Ordinance, any sale,
lease, or transfer of any lot or parcel created pursuant to the City's Interim Subdivision
Ordinance that does not conform to the requirements of the preliminary plat approval or that
occurs without approval, shall be considered a violation of Chapter 58.17 RCW, and shall be
restrained by injunctive action and shall be illegal, as provided in Chapter 58.17 RCW. Each
sale, lease, or transfer of each separate lot or parcel of land in violation of any provision of this
ordinance shall be deemed a separate and distinct offense.
8. Pursuant to Section 12.400.132 (Utilities)) of the Subdivision Ordinance, when the density
of a proposed subdivision meets or exceeds three lots per gross acre within the exterior
boundaries, the subdivision shall provide underground utilities within public rights-of-way,
alleys or utility easements including,but not limited to, those for electricity, communications,
and street lighting. The subject plat's gross density, even as modified, exceeds this threshold,
therefore the proposal shall comply with Section 12.400.132. If the applicant or successors in
interest wish the Director to waive the under-grounding requirement, a written request shall be
submitted to the Community Development Director requesting a waiver of the underground
requirement and providing a detailed explanation of the conditions, physical or otherwise, that
make underground installation impractical.
9. Except where noted in the conditions of approval, the proposal shall comply with the
provisions of Chapter 14.618 (Urban Residential-7) and Chapter 14.622 (Urban Residential 22)
of the Spokane Valley Interim Zoning Code ("Zoning Code"), and other applicable requirements
of the City Interim Zoning Code and City Interim Subdivision Ordinance.
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 14
10. Pursuant to Section 14.618.375 (Utilities), all utility hardware shall be placed underground
or screened from view with a decorative block wall or landscaping. Said screening shall be as
high as the highest portion of the equipment and shall be permanently maintained.
B. Prior to final plat approval, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. In order to comply with Section 14.618.365 (Walls) of the Zoning Code, the applicant
shall prior to final plat approval construct a six (6) foot high concrete, masonry, or decorative
block wall, solid landscaping or site-obscuring fence along the proposal's eastern and northern
perimeters. Further, the applicant shall submit a written agreement agreeing that the applicant
or successors in interest shall continuously maintain in good condition the six (6) foot high
concrete, masonry, or decorative block wall, solid landscaping or site-obscuring fence. Further,
the applicant shall at the same time agree that at time of sale of any and all of the parcels
created through the short plat action, the applicant shall notify in writing all buyers of the
requirement to maintain the six (6) foot high concrete, masonry, or decorative block wall, solid
landscaping or site-obscuring fence along the portion of the property under their direct control.
2. Pursuant to Section 12.400.134 (Professional Land Surveyor) of the Subdivision
Ordinance, a final plat shall be submitted and shall be made by or under the supervision of a
professional land surveyor who shall certify on the final plat that it is a true and correct
representation of the lands actually surveyed. All surveys shall comply with the Survey
Recording Act(RCW Chapter 58.09), Survey and Land Descriptions (WAC-332-130), and the
City of Spokane Valley's Interim Standards for Road and Sewer Construction, as amended.
3. The submitted final plat application shall comply with all submittal requirements
specified in Chapter 12.400 of the Subdivision Ordinance.
4. Pursuant to Section 12.400.144 (Filing) of the Subdivision Ordinance, the City of
Spokane Valley shall record with the Spokane County Auditor's Office the final plat, upon
receipt of all required signatures on the face of the plat,provided that also pursuant to this
Section, the applicant shall submit prior to recording all required recording fees including
appropriate fees to pay for the cost of three(3) copies of the recorded final plat for distribution
to the City of Spokane Valley Planning, Engineering and Building Divisions.
5. Submit a final plat containing the following note on the face of the plat: "Lots_through
within this plat shall comply with the building setback requirements,maximum building
height standard, maximum lot coverage standard and other applicable lot development
standards for the UR-7 zone district or successor zoning designation in effect at the time of
building permit application.
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 15
6. Submit a final plat containing the following note on the face of the plat: "Lots through
within this plat shall comply with the building setback requirements, maximum building
height standard, maximum lot coverage standard and other applicable lot development
standards for the UR-22 zone or successor zoning designation in effect at the time of building
permit application."
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT
ENGINEERING DIVISION:
8. A Professional Engineer, licensed in the State of Washington, shall submit final street and
drainage plans and a drainage report including calculations that conform to the 2001 Edition of
the Spokane County Standards for Road and Sewer Construction(or as amended), the 1998
Spokane County Guidelines for Stormwater Management(or as amended), and all other
applicable standards.
9. All internal streets shall follow applicable Spokane Valley Street Standards.
10. Plat language will be determined at the time of final plat submittal. Please contact the
City of Spokane Valley Public Works Depatlrnent for appropriate language.
SPOKANE COUNTY DIVISION OF UTILITIES:
11. The final plat dedication shall state: Public sewers shall be constructed to provide for the
connection of each parcel to the County's system of sewerage. Uses on properties within the
project shall be required to connect to the sewer and pay applicable charges per the County Sewer
Ordinance. Sewer connection permits shall be required.
12. Public Sanitary Sewer easement shall be shown on the face of the plat and the dedication
shall state: "The perpetual easement granted to Spokane County, its' successors and assigns is for
the sole purpose of constructing, installing, operating, maintaining, repairing, altering,replacing,
removing, and all other uses or purposes which are or may be related to a sewer system. Spokane
County, it's successors and assigns at all times hereinafter, at their own cost and expense, may
remove all crops,brush, grass or trees that may interfere with the constructing, installing,
operating, maintaining, repairing, altering, replacing,removing and all other uses or purposes
which are may be related to a sewer system. The grantor(s)reserves the right to use and enjoy
that property which is the subject of this easement for purposes which will not interfere with the
County's full enjoyment of the rights hereby granted; provided, the Grantor(s) shall not erect or
construct any building or other structure or drill on the easement, or diminish or substantially add
to the ground cover over the easement. The easement described hereinabove is to and shall run
with the land."
13. 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.
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 16
14. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the project.
15. Security shall be deposited with the Division of Utilities for the construction of the public
sewer connection and facilities and for the prescribed warranty period. Security shall be in a
form acceptable to the Division of Utilities and in accordance with the Spokane County Sanitary
Sewer Ordinance.
16. Security will be submitted to the Division of Utilities prior to approval of the Sewer Design
Plans.
17. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
VERA WATER AND POWER:
18. The project will require preparation of a formal water plan.
19. Utilities easements shall be required.
SPOKANE REGIONAL HEALTH DISTRICT:
20. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
21. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the City Planning Division to the utility companies, City of Spokane Valley
Public Works Department, and the Spokane Regional Health District. Written approval of the
easements by the utility companies shall be received prior to the submittal of the final plat.
22. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
23. Water service shall be coordinated through the Director of Utilities, Spokane County.
24. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
25. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane
Regional Health District that an adequate and potable water supply is available to each lot of the
plat.
26. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 17
27. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection use shall be approved by the water purveyor. Said water plan must have been
approved by the fire protection district and the appropriate health authorities. The health
authorities, water supplier(purveyor), and the fire protection district will certify, prior to the
filing of the final plant, on the face of said water plan that the plan is in conformance with their
requirements and will adequately satisfy their respective needs. Said water plan and certification
will be drafted on a transparency suitable for reproduction.
28. The purveyor will also certify prior to filing the final plat on a copy of said water plan that
appropriate contractual arrangements have been made with the plat sponsor for construction of
the water system, in accordance with the approved plan and time schedule. The time schedule
will provide, in any case, for completion of the water system and inspection by the appropriate
health authorities prior to application for building permits within the plat. The contractual
arrangement will include a provision holding City of Spokane Valley, Spokane Regional Health
District, and the purveyor harmless from claims by any lot purchaser refused a building permit
due to failure of the plat sponsor to satisfactorily complete the approved water system.
29. A public sewer system will be made available for the plat and individual service will be
provided to each lot prior to sale. Use of individual on-site sewage disposal systems shall not be
authorized.
30. A statement shall be placed in the dedication to the effect that: "A public sewer system will
be made available for the plat and individual service will be provided to each lot prior to sale.
Use of individual on-site sewage disposal systems shall not be authorized."
31. The dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
32. The final plat dedication shall contain the following statement: "The public water system,
pursuant to the Water Plan approved by county and state health authorities, the local fire
protection district, City of Spokane Valley Building Department and water purveyor, shall be
installed within this subdivision and the applicant shall provide for individual domestic water
service as well as fire protection to each lot prior to sale of each lot and prior to issuance of a
building permit for each lot."
SPOKANE COUNTY FIRE DISTRICT NO. 1
33. Submit a final plat specifying the name of the north/south road to be changed from Yoke's
Lane to St. Charles Lane.
34. A new fire hydrant shall be installed and located at the southwest corner of Riverside Lane
and St. Charles Lane(Yokes Lane).
D. Prior to or during on-site construction the applicant or successors in interest shall:
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 18
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
1. A Temporary Erosion and Sedimentations Control(TESC)plan,prepared by a Washington
State licensed Professional Engineer, shall be prepared and submitted with the site construction
plans. The TESC plan shall follow 1998 Spokane County Guidelines for Stormwater
Management. The TESC structures (such as silt ponds, silt traps) shall be installed prior to the
start of site work, and the TESC measures shall be implemented and maintained throughout the
duration of construction and until the site has stabilized.
2. The permittee is responsible for arranging for all necessary utility adjustments, relocations,
or improvements as required for completion of the project. The developer needs to contact the
purveyors of each affected utility regarding private service, utility improvement, and any
relocation and adjustment costs. All rigid objects located in the clear zone shall be relocated
outside of the clear zone. The clear zone distances shall follow the 2001 Spokane County Road
& Sewer Standards.
3. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
4. 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 Drawing"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.
QWEST:
5. Submit two (2) full size final plat maps with lot addresses noted and the serving power
utility design at least six (6)weeks before the developer's and/or builder's open utility trench
date.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
6. 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.
7. 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.
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 19
8. Debris generated as a result of this project shall be disposed of by means other than
burning.
9. If objectionable odors result from this project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
10. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
11. A Notice of Construction and Application for Approval shall 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. Contact SCAPCA for a Notice
of Application.
12. A Notice of Intent shall 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.
DATED this 21st day of June, 2005
CITY HEARING EXAMINER PRO TEM
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t
Michael C. Dempsey, WSBA#82 a
HE Findings, Conclusions and Decision REZ-01-05/SUB-02-05 Page 20
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 03-57, as modified by Ordinance Nos.
03-081 and 04-012, the decision of the Hearing Examiner on a combined application for a zone
reclassification and preliminary plat 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 June 21, 2005. THE APPEAL CLOSING DATE IS JULY 5, 2005.
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 Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, Washington. Copies of the documents in
the record will be made available at the cost set by City of Spokane Valley Ordinance.
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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