REZ-02-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification from )
the Urban Residential-3.5 (UR-3.5)Zone ) FINDINGS OF FACT,
to the Urban Residential-22 (UR-22) Zone; ) CONCLUSIONS OF LAW,
Applicant: Derrick Self and Marcy Hubbard ) AND DECISION
File No. REZ-02-05 )
I. SUMMARY OF DECISION
Hearing Matter: Application for a zone reclassification from the UR-3.5 zone to the UR-22
zone.
Summary of Decision: Approve application, subject to conditions of approval.
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-22 (UR-22) zone, for unspecified uses, on approximately
.43 acres of land.
2. The site is located at the northeast corner of the intersection of 6th Avenue and Oberlin
Street, in the NE 1/4 of Section 20, Township 25 North, Range 44 East, Willamette Meridian,
Spokane County, Washington. The site is addressed at 10605 E. 6th Avenue, Spokane Valley,
Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45201.1003, and is
legally described on the site plan of record.
4. The applicants and site owners are Derrick Self and Marcy Hubbard, 10605 E. 6th Avenue,
Spokane Valley, WA 99206.
5. On February 4, 2005, the applicant submitted a complete application for the current zone
reclassification proposal.
6. On April 1, 2005, the City Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not appealed.
7. The Hearing Examiner conducted site visits on April 25, 2005 and May 19, 2005, and
conducted a public hearing on April 28, 2005. The requirements for notice of public hearing
were met.
HE Findings, Conclusions and Decision REZ-02-05 Page 1
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:
Karen Kendall, Assistant Planner Sandra Raskell
Spokane Valley Community Development Assistant Development Engineer
Department, Planning Division City of Spokane Valley
1707 E. Sprague Avenue, Suite 106 11707 E Sprague Ave Ste 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206-6124
Derrick Self Maxine Polich
10605 E. 6th Avenue P.O. Box 382
Spokane Valley, WA 99206 Spokane Valley, WA 99037-0382
Scott McGeorge Cecelia Obeso
10614 E. 6th Avenue 10503 E. 5th Avenue
Spokane Valley, WA 99206-3539 Spokane Valley, WA 99206-6935
Robert Fried Glenda Matthews
10515 E. 5th Avenue 10522 E. 6th Avenue
Spokane Valley, WA 99206-6935 Spokane Valley, WA 99206
Ron Yandt Donald L. Potts
504 S. Raymond Road 524 S. Raymond Road
Spokane Valley, WA 99206-3545 Spokane Valley, WA 99206-3545
Eric Ciferri Marci Hubbard
10413 E. 6ut Avenue 10605 E. 6th Avenue
Spokane Valley, WA 99206 Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City Interim Comprehensive Plan, City Zoning
Code and maps, 2001 City Standards for Road and Sewer Construction, City Guidelines for
Stormwater Management, City Code, other applicable development regulations, and prior land
use decisions in the vicinity.
11. The record includes the documents in File No. REZ-02-05 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.
12. The site is approximately 18,796 square feet, or about .43 acres in size. The site is
relatively flat in topography, and is improved with a single-family residence, detached 2-car
garage, and 6-foot high wood perimeter fence. The residence is currently being rented out. The
HE Findings, Conclusions and Decision REZ-02-05 Page 2
site plan of record illustrates the existing improvements on the site, but no future development of
the property.
13. Effective January 1, 1991, the County reclassified the zoning of the site and most of the
land neighboring the site from its zoning under the now expired Spokane County Zoning
Ordinance to the UR-3.5 zone, pursuant to the Program to Implement the Spokane County
Zoning Code.
14. In the same 1991 zoning action, the County reclassified the zoning of land located north of
the site, at the westerly corners of the intersection of Fourth Avenue and University Road; and
the zoning of parcel of land located along the east side of University Road three lots north of
Sixth Avenue, to the UR-22 zone. The County also reclassified the zoning of the parcel located
at the southeast corner of the intersection of University Road and 4th Avenue to the
Neighborhood Business (B-1) zone.
15. In 1993, the County reclassified the zoning of a parcel of land located northeast of the site
along the east side of University Road, three lots north of 6th Avenue, from the UR-3.5 zone to
the Urban Residential-7 (UR-7) zone. See decision in File No. ZE-13-93.
16. In 1996, the County reclassified the zoning of two parcels of land located north of the site,
between Oberlin Street and University, at the northeast corner of the intersection of 6th Avenue
and Oberlin Street, from the UR-3.5 zone to the UR-22 zone, for the development of multifamily
dwellings. See decision in File No. ZE-17-96.
17. In 1997, the County reclassified the zoning of a parcel of land located south of the site,
along the west side of University Road, between 6th Avenue and 8th Avenue, from the UR-3.5
zone to the UR-22 zone, for the development of multifamily dwellings or retirement housing.
See decision in File No. ZE-48-97.
18. 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. The County Phase I Development Regulations designated the
site and area in the UGA.
19. The County Comprehensive Plan designated the site and neighboring land located north of
9th Avenue in the area in the Urban Activity Center category of the County Comprehensive Plan,
and designated the land lying south of 9th Avenue in the area in the Low Density Residential
category. The County Phase I Development Regulations retained the zoning of the site and other
land in the vicinity.
20. On March 31, 2003, the City of Spokane Valley was incorporated, which incorporation
included the site and surrounding land. 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, with certain revisions. The City retained
HE Findings, Conclusions and Decision REZ-02-05 Page 3
the land use and zoning designations for the site and land in the area under the County
Comprehensive Plan and County Zoning Code.
21. The lot located directly west of the site across Oberlin Street is improved with a duplex on
land zoned UR-3.5. The two parcels of land located one lot north of the site, at the northeast
corner of Oberlin Street and 6th Avenue, are each zoned UR-22 and developed with a 2-story
duplex. The parcel located directly northeast of the site, along the west side of University Road,
is zoned UR-3.5 and improved with a full-service hair salon in a converted single-family
residence. The two parcels of land located further to the north, along the west side of University
Road, are zoned UR-22 and respectively developed with a childcare center and an assisted living
facility. A UR-7 zone is located a few lots south of the site and 6th Avenue, along the west side
of University Road. The other land lying west of University Road in the vicinity is zoned UR-3.5
and developed with single-family residences.
22. The land lying east of University Road in the vicinity is dominated by UR-3.5 zoning and
single-family residences; except for some scattered commercial uses and UR-22, B-1 and UR-7
zoning located along or near University Road. A public transit center is located on land zoned
UR-22 at the northwest corner of University Road and 4th Avenue.
23. The land located along the north side of Appleway Avenue, and on both sides of Sprague
Avenue in the area, is dominated by intensive commercial uses on land zoned Regional Business
(B-3). This includes a community shopping center(University City) located along the west side
of University Road, between Appleway Avenue and Sprague Avenue, on land that is zoned B-3.
A mixture of commercial and multi-family dwellings, on land zoned B-1, B-3 or UR-22, is
located north of 4th Avenue, east of University Road in the area
24. The City Arterial Road Plan designates University Road as an Urban Principal Arterial, Sty'
Avenue as an Urban Minor Arterial, 4th Avenue as an Urban Collector Arterial, and Sprague
Avenue and Appleway Avenue as Urban Principal Arterials.
25. Appleway Avenue and Sprague Avenue fonn a one-way couplet west of University Road,
with only Sprague Avenue continuing east of University Road. Sprague Avenue and Appleway
Avenue comprise a major transportation and commercial corridor through the City of Spokane
Valley. University Road is improved to four(4) lanes, with sidewalks, in the vicinity.
26. Neighboring property owners located along the four streets in the vicinity that access
University Road via 6th Avenue objected to the proposed rezone; based on concerns that an 8-
unit apartment complex would be built on the site, inconsistency of UR-22 zoning with
neighboring zoning, increases in crime from rental housing developed on the site, establishment
of a precedent for additional UR-22 zoning, increased traffic congestion, inadequate off-street
parking, lack of playground for children on site, lack of site plan for proposed UR-22 zone, and
other concerns.
HE Findings, Conclusions and Decision REZ-02-05 Page 4
27. The City Comprehensive Plan policies set forth in the Staff Report are not applicable to the
proposed rezone,because they are intended to apply to land designated in the Low, Medium and
High-Density Residential categories of the Comprehensive Plan; while the site is designated in
the Urban Activity Center category.
28. The Comprehensive Plan policies applicable to land designated in the Urban Activity
Center category are set forth in policies UL.11.1 through UL.11.11. Urban activity centers are
intended to be planned residential and commercial areas. Such categories are generally sized
with a 1/4-mile radius, so that the entire center is accessible by pedestrians; with public
transportation and sidewalks being important transportation features. Residential uses will
typically include single-family homes on small lots, duplexes, apartments and condominiums;
with housing densities higher than the community average. Offices, recreation and cultural
facilities, shopping and other services are also contemplated in urban activity centers. See page
UL-14 of Comprehensive Plan.
29. Policy UL.11.7 of the Comprehensive Plan recommends that design standards and a design
review process for urban activity centers be adopted; to ensure that commercial and industrial
projects are developed with minimal impact on surrounding land uses, are consistent with
community appearance/design guidelines and assure pedestrian as well as vehicular access.
30. Policy UL.11.8 of the Comprehensive Plan indicates that urban activity centers may
contain, but are not limited to, combinations of retail stores and services; professional offices;
office/light industrial; light manufacturing; multi-family housing and mixed-use developments;
heavy commercial uses; research and development centers; churches, entertainment and art
centers; health, human service and public facilities; schools and universities; and parks and open
space.
31. Policy UL.11.10 of the Comprehensive Plan recommends that a residential component be
included within urban activity centers through the use of incentives and/or the minimum
requirements for residential development.
32. Policy UL.11.11 of the Comprehensive Plan recommends that design standards and land
use plans be adopted for urban activity centers, based on several principles set forth in such
policy.
33. 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.
HE Findings, Conclusions and Decision REZ-02-05 Page 5
34. The City Phase I Development Regulations require that all zone reclassifications be
consistent with the implementing zones specified in such regulations for the Comprehensive Plan
designations that apply to the subject property. The implementing zones for the Urban Activity
Center category, in which the site is designated, are the UR-22, B-1 and B-2 zones.
35. The County 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 County Phase I Development Regulations, to implement the
policies of the County's comprehensive plan regarding urban activity centers or the Urban
Activity Center category. The City of Spokane Valley has not adopted any such process, plans or
standards upon or since incorporation, other than to adopt the County's Zoning Code and Phase I
Development Regulations.
36. The Examiner takes notice that the City is working on a new comprehensive plan and
implementing regulations to replace the interim comprehensive plan and zoning code adopted
from the County;which will hopefully provide more guidance for rezoning and developing land
in the area.
37. 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.
38. Pursuant to RCW 36.70A.470, the Hearing Examiner does not have authority to deny or
delay approval of the proposed rezone 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.
39. The purpose and intent statement of the UR-22 zone stated in Zoning Code 14.622.100 has
not been altered since the County Zoning Code was adopted in 1986; and is somewhat obsolete,
since it was not updated when the County Comprehensive Plan and County Phase I Development
Regulations took effect in 2002, or to reflect changes to the County Zoning Code in 1996 to
permit single-family and duplex dwellings.
40. Zoning Code 14.622.100 indicates that UR-22 zones are intended primarily for multiple-
family dwellings, and to add to the variety of housing types and densities in urban areas; that
such zones are usually located adjacent to major(Urban Principal) or secondary(Urban Minor)
arterials, and permit offices to provide some of the service needs for high-intensity land uses; and
that the UR-22 zone may be used provide higher density housing in locations close to
employment, shopping and major transportation routes where movements of people can be
handled efficiently and with the least overall adverse impact. Zoning Code 14.622.100 indicates
that the purpose of the development standards of the UR-22 zone is to provide for the orderly
HE Findings, Conclusions and Decision REZ-02-05 Page 6
development of residential property in a manner that provides a desirable living environment
compatible with surrounding land uses and a variety of housing types and assures the protection
of property values.
41. The UR-22 zone permits various types of residential and public/semi-public uses;
including, without limitation, single-family, duplex, multifamily, retirement housing, day care
center, church, library, business and professional offices. The minimum lot area for a single-
family dwelling unit in the UR-22 zone is 1,600 square feet, and is 3,200 square feet for a
duplex. The minimum lot size for other uses permitted in the UR-22 zone is 6,000 square feet,
except. The UR-22 zone does not require frontage along an arterial. The maximum building
height in the UR-22 zone is 50 feet.
42. Considering the dominance of residential housing in the area, the distance from the site to
the Sprague Avenue commercial corridor, and the location of other UR-22 zoning in the area, the
most suitable implementing zone for the site under the City Phase I Development Regulations is
the UR-22 zone.
43. The proposed rezone is generally consistent with the purpose and intent of the UR-22 zone,
as set forth in Zoning Code 14.622.100. The proposal is located near an Urban Principal
Arterial, is within close commuting distance of the Sprague Avenue/Appleway Avenue
transportation and commercial corridor; and is within walking distance of public transit. A high
level of public services is available to the site.
44. The UR-22 zone requires the installation of a 6-foot high, sight-obscuring screen, and the
installation of five (5) feet of Type IH landscaping, adjacent to land zoned UR-3.5 (east and north
property lines), except where adjacent to a public road. Such screening may consist of a sight-
obscuring fence, wall or solid landscaping. This will help buffer site development from
neighboring single-family residences.
45. The City Zoning Code requires the installation of 20 feet of Type I landscaping adjacent to
multifamily housing developed in the UR-22 zone, which assures aesthetics along public roads.
46. The transportation concurrency requirements of the City Phase I Development Regulations
do not apply to rezone applications submitted without a specific site development plan. Such
requirements, including City Engineering conditions, would have to be met at the time of
building permit or subdivision, if more than three (3) dwelling units are created on the site. This
would include the installation of curb, gutter, sidewalk, additional asphalt and a planting strip
along the street frontage of the site, under the City Road Standards.
47. The Spokane County Division of Utilities certified the availability of public sewer for the
site, and Modern Electric Water Company certified the availability of public water. The
residence on the site is currently served with public sewer, which was extended to the
neighborhood in 1992.
HE Findings, Conclusions and Decision REZ-02-05 Page 7
48. The proposed rezone complies with the sewer and water concurrency requirements of the
City Phase I Development Regulations. The applicant is not required to illustrate direct
concurrency for other public services such as schools, park, police or fire.
49. The applicants submitted a short plat application on February 4, 2005, to divide the site into
two (2) lots, one for the existing single-family home on the site. The environmental checklist
submitted by the applicants for the proposed rezone and short plat indicate that the applicants
plan to develop the site for multifamily dwellings, using the land to its fullest potential.
50. The applicants indicated at the public hearing that they have not decided what they would
build on the vacant lot created; a multifamily dwelling, duplexes or some other use. City
Planning indicated that the maximum number of dwelling units that could be built on the vacant
lot created under the density standards of the UR-22 zone is eight (8), but the applicants indicated
that the setback requirements of the UR-22 zone would not allow the development of that many
units.
51. The applicants' plan to short plat the site and develop the site for specific uses is not before
the Examiner. Approval of the short plat is subject to the administrative approval of the City
Planning Division, and the administrative building permit process. The Examiner has modified
City Planning Division condition of approval#1 so that it does not specifically address the short
plat proposal. The condition, as worded, is more appropriate to be imposed as a condition of
short plat approval by the City Planning Division.
52. There is no competent evidence in the record of an appraisal or traffic engineering nature to
establish that the proposal would adversely impact the property values of neighboring properties,
cause a failing level of service at neighboring road intersections, or create significant traffic
safety impacts. The local fire district did not express any concerns regarding fire access for the
proposed short plat.
53. The proposal has been conditioned for compliance with the UR-22 zone and City Zoning
Code. The site is located in a developed area of residential housing, and will be provided with a
high level of public services, including public sewer. The proposal implements the Urban
Activity Center category of the Comprehensive Plan, as provided for in the City Phase I
Development Regulations, and will not have any significant adverse impact on the public health,
safety and general welfare; or on the environment.
54. Changed conditions have occurred in the area since the zoning of the site was reclassified
to the UR-3.5 zone in 1991. This includes the extension of public sewer to the area, road
improvements to University Road, adoption of the City Comprehensive Plan and City Phase I
Development Regulations, and incorporation of the City of Spokane Valley.
55. Health District conditions of approval have been modified so that they do not specifically
address the short plat. Standard County Utilities conditions for a blanket rezone have been
added.
HE Findings, Conclusions and Decision REZ-02-05 Page 8
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed zone reclassification conforms to the City Comprehensive Plan.
2. The proposed rezone, as conditioned, bears a substantial relationship, and will not be
detrimental, to the public health, safety or welfare.
3. A change in economic, technological, or land use conditions has occurred to warrant the
proposed rezone, as conditioned. A substantial change of circumstances has occurred in the area
since the site was last zoned.
4. The proposed rezone, as conditioned, complies with the UR-22 zone, the City Zoning Code
and other applicable development regulations.
5. The proposed rezone, as conditioned, meets the criteria established by Washington case law
for approving a rezone, and the criteria established in paragraphs 14.402.020 (1)(2) of the City
Zoning Code for amending the City official zoning map.
6. The procedural requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met. The proposal, as conditioned, will not have a
significant, probable adverse impact on the environment.
7. Approval of the zone reclassification is appropriate under Chapter 14.402.020 of the City
Zoning Code, and under City Ordinance No. 03-57, as amended by Ordinance No. 03-081 and
03-081 and 04-012.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
zone reclassification to the Urban Residential-22 (UR-22) 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.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The applicant shall comply with the screening requirements of Section 14.622.365 (Walls),
HE Findings, Conclusions and Decision REZ-02-05 Page 9
and the landscaping requirements of Section 14.806.040 (Location of Required Landscaping) of
the City Zoning Code, and all other applicable provisions of the UR-22 zone and City Zoning
Code.
2. Upon any discovery of potential or known archaeological resources at the subject property
prior to or during future on-site construction, the developer, contractor, and/or any other parties
involved in construction shall immediately cease all on-site construction, shall act to protect the
potential or known historical and cultural resources area from outside intrusion, and shall notify,
within a maximum period of twenty-four(24) hours from the time of discovery, the City of
Spokane Valley Community Development Department of said discovery.
SPOKANE VALLEY DEPARTMENT OF PUBLIC WORKS —ENGINEERING
DIVISION
1. A Professional Engineer, licensed in the State of Washington, shall submit final road 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.
2. Prior to release of any commercial or multi family building permits, the following frontage
improvements are required for 6th Avenue and Oberlin Road.
6th Avenue is designated as a Local Access Street. Existing right-of-way consists of 25 feet from
centerline to property frontage. Street improvements required include a total of 15 feet of asphalt
from centerline of property frontage, Type B curb and gutter, 10-foot planter strip, and a 6-foot
sidewalk. This requires a border easement of 8 feet. The Border Easement shall be submitted for
review, accepted and recorded prior to any Certificate of Occupancy.
Oberlin Road is designated as a Local Access Street. Existing right-of-way consists of 30 feet
from centerline to property frontage. Street improvements required include a total of 15 feet of
asphalt from centerline of property frontage, Type B curb and gutter, 10-foot planter strip, and a
6-foot sidewalk. This requires a border easement of 3 feet. The Border Easement shall be
submitted for review, accepted and recorded prior to any Certificate of Occupancy.
3. If the property is used for single family residential use, and not commercial or multi-family,
the applicant may, with the approval of the Director of Public Works,join in and be a willing
participant in any petition or resolution which purposes is the format of a Local Improvement
District (LID) for said improvements pursuant to RCW 35.43, as amended. At such time as a
LID is created or any Street Improvement Project is sanctioned by Spokane Valley, the
improvements required will be at the sole expense of the undersigned owner, their heirs, grantees
and assigns. This provision is applicable to 6th Avenue and Oberlin Road, which provides access
to the site.
HE Findings, Conclusions and Decision REZ-02-05 Page 10
As an alternative method of constructing the street improvements stated above in the case of
single-family development, the applicant may, with the approval of the Public Works Director,
accomplish the street improvements by joining and participating in a City Street Project (CSP) to
the extent of the required street improvement. At such time as an LID is created or any Street
Improvement Project is sanctioned by Spokane Valley, the improvements required will be at the
sole expense of the undersigned owner, their heirs, grantees and assigns. This provision is
applicable to 6th Avenue and Oberlin Road, which provides access to the proposed site.
4. Traffic Concurrency will be reviewed at the time of commercial or multi family permit
application.
5. A Temporary Erosion and Sedimentation Control (TESC) plan, prepared by a Washington
State licensed Professional Engineer, shall be prepared and submitted with the site construction
plans. The TESC plan is to follow 1998 Spokane County Guidelines for Stormwater
Management. The TESC structures (such as silt ponds, silt traps) are to be installed prior to the
start of site work, and the TESC measures are to be implemented and maintained throughout the
duration of construction and until the site has stabilized.
6. 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 shall be located out of the clear zone. These
clear zone requirements can be found in the Spokane County Road and Sewer Standards.
7. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system. Approach design shall follow the current Spokane Valley Street
Standards.
8. 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 a Construction Certification Package including"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. The Certification Package shall follow current Spokane Valley standards. All work is
subject to inspection by the City Engineer or by his staff. This shall be completed prior to final
plat.
SPOKANE COUNTY DIVISION OF UTILITIES
1. A wet (live) sewer connection to the area-wide Public Sewer System shall be constructed.
A sewer connection permit is required. Commercial developments shall submit historical and or
estimated water usage prior to the issuance of the connection peunit in order to establish sewer
fees.
HE Findings, Conclusions and Decision REZ-02-05 Page 11
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 issuance of the sewer connection permit.
4. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE REGIONAL HEALTH DISTRICT
1. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
2. Water service shall be coordinated through the Director of Utilities, Spokane County.
3. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
4. A public sewer system will be made available for the project.
5. The use of private wells and water systems is prohibited.
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.
HE Findings, Conclusions and Decision REZ-02-05 Page 12
5. 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.
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. The applicant should consider designing the project so opportunities to recycle are at least
as convenient as waste disposal. Try to provide adequate, properly located space inside and
outside the project to accommodate equipment and containers for processing and storage of
recyclables. Plan to recycle items such as paper, glass, aluminum and other metals, corrugated
containers and plastics.
2. The applicant should consider providing the means for on-site or off-site yard waste
recycling, such as composting.
3. The applicant should consider providing the means for on-site food waste recycling, such as
vermin-composting (worm), or food waste composting.
4. The applicant is encouraged to use construction products containing recycled and non-toxic
materials whenever possible, to reuse and recycle all leftover construction materials, reduce
waste generated and practice "Green Building"principals in all aspects of the project. Recycling
construction debris is typically less expensive than disposal. Please contact James Wavada at
(509) 329-3545 for assistance.
5. During daily operations of the facility, use of products and supplies that are recyclable
and/or made from recycled materials is recommended. Use of low-toxic or non-toxic products
for cleaning, maintenance, and other purposed is encouraged. Practicing waste prevention
methods is also important.
HE Findings, Conclusions and Decision REZ-02-05 Page 13
DATED this 23rd day of May, 2005
CITY HEARING EXAMINER PRO TEM
A Aiii/,.. / / �. ,
Mich.el C. Dempsey, WSBA #8235 /i
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 03-57, as amended by Ordinances 03-
081 and 04-012, the decision of the Hearing Examiner on an application for a zone
reclassification is final and conclusive unless within fourteen (14) calendar days from the
Examiner's written decision, a party of record aggrieved by such decision files an appeal with the
City Council of the City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane
Valley, Washington.
City Ordinance No. 04-012 provides that where the Examiner's Decision recommends
approval of the proposal and no appeal has been filed within the time period set forth above, the
City Manager or designee shall modify the official zoning map of the City according to the
Examiner's decision; which action shall be considered the final legislative action of the City
Council and considered an"official control" of the City.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on May 23, 2005. THE APPEAL CLOSING DATE IS JUNE 6, 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 maybe inspected
at the City of Spokane Valley Department of Community Development, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, WA. 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.
HE Findings, Conclusions and Decision REZ-02-05 Page 14