REZ-13-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for Zone Reclassification from )
the Urban Residential-3.5 (UR-3.5) Zone ) FINDINGS OF FACT,
to the Urban Residential-7 (UR-7) Zone; ) CONCLUSIONS OF LAW,
Applicant: Holly Pickerel ) AND DECISION
File No. REZ-13-04 )
I. SUMMARY OF DECISION
Hearing Matter: Application for a zone reclassification from the UR-3.5 zone to the UR-7
zone.
Summary of Decision: Approve 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-7 (UR-7) zone, on approximately.89 acres of land.
2. The site is located along the east side of Marguerite Road, between Valleyway Avenue and
Alki Avenue; in the SE 1/4 of Section 18, Township 25 North, Range 44 EWM, in Spokane
County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45221.9032, and is
addressed at 420 N. Marguerite Road, Spokane Valley, Washington. The site is legally described
on the site plan of record submitted on July 28, 2004.
4. The applicant and the site owner is Holly Pickerel, 3415 Cooper Street, San Diego, CA
92104.
5. On July 28, 2004, the applicant submitted the application for a rezone to the City
Department of Community Development. The environmental checklist and rezone application
indicate that the applicant plans to develop duplexes on the site. Such development would
require the submittal of a short plat application,which would be subject to administrative
approval by the Department of Community Development.
6. On August 13, 2004, 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 a site visit on October 13, 2004, and a public hearing on
October 14, 2004. The requirements for notice of public hearing were met.
HE Findings, Conclusions and Decision REZ-13-04 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
City Department of Community Development
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code,
City Subdivision Ordinance, City 2001 Standards for Road and Sewer Construction, City Code,
other applicable development regulations, and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-13-04 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 .89 of an acre in size and relatively flat in topography. A single-family residence
and a detached garage are located on the site. The site is vegetated with deciduous and evergreen
trees, shrubs and grass.
13. Effective January 1, 1991, the zoning of the site was reclassified 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. 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, and retained the zoning of the site and land in the area.
15. The County Comprehensive Plan designated the site and neighboring land in the Low
Density Residential category; except for the land lying easterly of the site, which was designated
in the Mixed Use category.
16. On March 31, 2003, the subject property and surrounding land were officially incorporated
into the City of Spokane Valley. On the same date, the City adopted by reference, as City land
use controls, the County's Comprehensive Plan, Zoning Code, Phase I Development Regulations
and certain other development regulations,with certain revisions.
17. The land lying north and west of the site is zoned UR-3.5 and developed with single-family
homes on lots of various size. The land lying directly south of the site is zoned UR-3.5; and
consists of an open field or playground used by a high school,which lies across from the field
along the south side of Valleyway Avenue, east of Marguerite Road. The land lying between the
field and Argonne Road to the east is zoned Regional Business (B-3).
HE Findings, Conclusions and Decision REZ-13-04 Page 2
18. Commercial uses, primarily office uses and banks, are found along the Argonne
Road/Mullan road corridor in the area. More intense commercial uses are found along Sprague
Avenue to the north.
19. Some Urban Residential-22 (UR-22) zoning, including multifamily developments, is found
along the south side of Alki Avenue, northeast of the site, and along the south side of Valleyway,
southeast of the site. The land located east and northeast of the site is zoned Community
Business (B-2) and is developed with office buildings.
20. The City Arterial Road Plan designates Argonne Road and Mullan Road to the east as
Urban Principal Arterials. The City Arterial Road Plan designates Valleyway Avenue, and
Sargent Road to the west, as Urban Collector Arterials.
21. Neighboring property owners did not comment on the application. Public agencies did not
oppose the approval of the rezone, or its environmental impact. The proposed rezone will not
have more than a moderate effect on the quality of the environment.
22. 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 subject property. The implementing zones for the Low Density
Residential category, in which the site is designated, are the UR-3.5 and UR-7 zones.
23. The UR-7 zone is intended to add to the variety of housing types and densities, and to
provide standards for the orderly development of residential property in a manner that provides a
desirable living environment that is compatible with surrounding land uses and assures the
protection of property values. The UR-7 zone permits the development of single-family homes,
duplexes, multi-family dwellings and certain other uses.
24. The City 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(net) of seven(7) dwelling units per acre.
25. The Staff Report sets forth applicable policies of the Comprehensive Plan, and finds the
proposed rezone to be consistent with such policies and the development standards of the UR-7
zone. The Examiner agrees with such analysis and adopts the same as findings of fact herein.
26. The UR-7 zone requires the installation of a 6-foot high, sight-obscuring fence, wall or
solid landscaping adjacent to land zoned UR-3.5, except adjacent to a public road or alley. The
conditions of approval for the rezone require compliance with such standard.
27. The City Zoning Code requires the installation of 20 feet of Type III landscaping along
public streets for all developments locates within"multiple family residential zones (UR-7, UR-
12 and UR-22)...". Such standard is ambiguous when applied to residential developments that
do not propose multifamily uses. In the past, the Examiner, with the concurrence of City staff,
allowed such standard to be relaxed to installation of a 5-foot wide strip of Type III landscaping,
for new residential development in the UR-7 zone that does not propose multifamily uses.
HE Findings, Conclusions and Decision REZ-13-04 Page 3
28. The property is currently served with one 4-inch sewer stub. Development of the site for
duplexes would require the applicant to extend additional sewer facilities to the site. County
Utilities and the local water purveyor certified that public sewer and water would be available to
serve the subject property. The proposal meets the sewer and water concurrency requirements of
the Phase I Development Regulations.
29 Because the rezone was not submitted with a specific site plan, the proposal is exempt from
transportation concurrency requirements. A preliminary short plat if submitted will have to meet
such requirements.
30. The proposal has been conditioned for compliance with the UR-7 zone and City Zoning
Code. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare.
31. 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, adoption of
the City Comprehensive Plan and City Phase I Development Regulations, and incorporation of
the City of Spokane Valley.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. 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-7 zone, the City Zoning Code
and other applicable development regulations.
5. The proposed rezone, as conditioned, meets the criteria established by Washington case law
for approving a rezone, and the criteria established in paragraphs 14.402.020 (1)(2) of the City
Zoning Code for amending the City official zoning map.
6. The procedural requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met. The proposal, as conditioned,will not have a
significant, probable adverse impact on the environment.
7. Approval of the zone reclassification is appropriate under Chapter 14.402.020 of the City
Zoning Code, and under City Ordinance No. 03-57, as amended by Ordinance No. 03-081 and
03-081 and 04-012.
HE Findings, Conclusions and Decision REZ-13-04 Page 4
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
zone reclassification to the Urban Residential-7 (UR-7) zone is hereby approved, subject to the
conditions of the various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
Failure to comply with the conditions of this approval may result in revocation of this
approval by the Hearing Examiner. This approval does not waive the applicant's obligation to
comply with all other requirements of other public agencies with jurisdiction over land
development.
CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT-
CURRENT PLANNING
1. The zoning of the site shall be identified as Urban Residential-7* (UR-7*), pursuant to the
City Phase I Development Regulations. The maximum density(net) for future residential
development at the site shall not exceed six (6) dwelling units per acre.
2. Development of the site shall comply with the UR-7 zone. This includes installation of a six
(6)-foot high concrete, masonry or decorative block wall, solid landscaping, or sight-obscuring
fence shall be erected and maintained on the north and south property lines of the site.
3. To reduce noise impacts to the surrounding properties resulting from construction, hours of
future on-site construction shall be authorized as follows: 1) between 7:00 a.m. and 7:00 p.m.
Monday through Friday, 2) between 8:00 a.m. to 5:00 p.m. on Saturday, and 3) no construction
allowed on Sunday. Prior to on-site construction, the developer and contractor(s) shall submit
notarized letters agreeing to observe the specified hours of construction.
4. 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.
5. Pursuant to City Ordinance No. 04-012, if a timely appeal of this decision is not filed with
the City Council, 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.
HE Findings, Conclusions and Decision REZ-13-04 Page 5
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION
Prior to release of a building permit and/or division of the property, the following requirements
shall be met:
1. Marguerite Road is designated as a Local Access Street. The current right-of-way width is
40 feet. A Border Easement of 12 feet is required.
2. Frontage improvements are required for Marguerite Road. These include street widening,
curb and gutter,planter strip, and sidewalk.
3. To construct the street improvements stated above, 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 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 Marguerite Road, which provides access to the site.
4. As an alternative method of constructing the street improvements stated above, 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
Marguerite Road,which provides access to the proposed site.
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.
HE Findings, Conclusions and Decision REZ-13-04 Page 6
SPOKANE COUNTY DIVISION OF UTILITIES
1. A wet (live) sewer connection to the area-wide Public Sewer System is to be constructed.
Sewer connection permit is required. Commercial developments shall submit historical and or
estimated water usage prior to the issuance of the connection permit in order to establish sewer
fees.
2. The applicant shall submit expressly to the Spokane County Division of Utilities, under
separate cover, only those plan sheets showing sewer plans and specifications for the public
sewer connections and facilities for review and approval. Commercial developments shall
submit historical and or estimated water usage as part of the sewer plan submittal.
3. Sewer plans acceptable to the 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 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.
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
HE Findings, Conclusions and Decision REZ-13-04 Page 7
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.
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 and individual service will
be provided to each tract prior to sale. Use of individual on-site sewage disposal systems shall
not be authorized.
5. The use of private wells and water systems is prohibited.
WASHINGTON STATE DEPARTMENT OF ECOLOGY (SPOKANE OFFICE)
1. The water purveyor is responsible for ensuring that the proposed use(s) are within the
limitations of its water rights.
DATED this 16th day of November, 2004
CITY HEARING EXAMINER PRO TEM
ILI/2
Mic ael C. Dempsey, WS •'itr5
HE Findings, Conclusions and Decision REZ-13-04 Page 8
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 03-057, as amended by City
Ordinance Nos. 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 a rezone 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 November 16, 2004. THE APPEAL CLOSING DATE IS
NOVEMBER 30, 2004.
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, WA, (509) 921-1000. Copies of the
documents in the record will be made available at the cost set by the City of Spokane Valley.
Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision REZ-13-04 Page 9