REZ-16-03 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for Zone Reclassification )
from the Urban Residential-7 (UR-7)Zone ) FINDINGS OF FACT,
to the Urban Residential-12 (UR-12)Zone; ) CONCLUSIONS OF LAW,
Applicant: Diamond Rock Construction, Inc.) AND DECISION
File No. REZ-16-03 )
This matter coming on for public hearing on December 11, 2003, the Hearing Examiner,
after review of the subject application and the entire record, and finding good cause therefore,
hereby makes the following findings of fact, conclusions of law and decision:
I. FINDINGS OF FACT
1. The subject application seeks approval of a zone reclassification from the Urban
Residential-7 (UR-7)zone to the Urban Residential-12 (UR-12) zone, on approximately.9 acres
of land, for those uses permitted in the UR-7 zone.
2. The site is located along the east side of Wilbur Road and the south side of Interstate 90, in
the SE 1/4 of Section 9, Township 25 North, Range 44 East,Willamette Meridian, Spokane
County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45094.0538 and
45094.0541. The site is legally described on the site plan of record.
4. The applicant and site owner is Diamond Rock Construction,Inc., c/o Dennis Crapo, 15321
E. Mission Avenue,Spokane Valley, Washington 99037.
5. On September 15, 2003,the applicant submitted the subject application for a zone
reclassification to the City of Spokane Valley Department of Community Development, Current
Planning Division.
6. On November 10, 2003,the City of Spokane Valley Department of Community
Development issued a Mitigated Determination of Nonsignificance (MDNS) for the proposal.
7. The Hearing Examiner conducted a site visit on December 10,2003, and conducted a
public hearing on the proposal on December 11, 2003. The requirements for notice of public
hearing were met.
8. The Hearing Examiner heard the proposal pursuant to City Ordinance No 57, as amended
by City Ordinance 03-081, and the City Hearing Examiner Rules of Procedure.
9. The following persons testified at the public hearing held on December 11, 2003:
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Kevin Snyder Dean Logsdon
Current Planning CLC Associates
City of Spokane Valley 707 W. 7th Avenue Suite 200
11707 E. Sprague Avenue Spokane, WA 99204
Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City Interim Comprehensive Plan, City Interim
Phase I Development Regulations, City Interim Zoning Code, other applicable development
regulations, and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-16-03 at the time of the public hearing
held on December 11, 2003, the documents and testimony submitted at the public hearing, and
the items taken notice of by the Hearing Examiner.
12. The site is approximately.9 acres in size, rectangular in shape and made up of two tax
parcels. The site is undeveloped, except for an abandoned shed located in the east end and a
septic tank and drainfield located along the south boundary. The topography of the site is
relatively flat, except for some steeper slopes located along the south boundary, and slopes up
from north to south.
13. The site plan of record submitted on October 11, 2003 shows the existing improvements on
the site and adjacent land to the south and east. The applicant indicated no specific use for the
property, but indicated that the site may possibly be developed for multi-family dwellings or
offices.
14. Effective January 1, 1991, the zoning of the site was reclassified to the Urban Residential-7
(UR-7)zone,pursuant to the Program to Implement the Spokane County Zoning Code.
15. 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. See County Resolution Nos. 2-0037 and 2-0470. The site and
area are located in the UGA.
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 other development regulations,with certain revisions.
17. The City Comprehensive Plan designates the site and neighboring land to the south and
west in the Medium Density Residential category. Further to the south and west, and for some
distance east of the site, the land is designated in the Low Density Residential category. Further
to the east and northeast, the land is designated Regional Commercial. The Phase I Development
Regulations retained the zoning of the site and neighboring land.
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18. The land lying immediately south of the site is zoned UR-7 and consists of two (2)
duplexes and vacant land on platted lots,which are elevated above the site. The land lying west
and southwest of the site,west of Wilbur Road, is zoned UR-7 and consists of a single-family
residence on an acreage parcel. Interstate 90 is located north of the site. The land lying east and
southeast of the site is zoned Urban Residential-22 (UR-22) and is developed with multi-family
residences. Intensive commercial uses and zoning are found near the Mission Avenue/SR-27
intersection located to the east.
19. The Comprehensive Plan designates Mission Avenue to the south and Bowdish Road to the
west as Urban Minor Arterials. Wilbur Road adjacent to the site slopes down toward Interstate
90 and is unimproved. Wilbur Road is paved north of Nora Avenue. The Interstate 90/State
Route No. 27 (Pines Road) freeway interchange is located less than one-half mile to the east.
20. The project will be served with public sewer and water, and as conditioned complies with
the sewer, water and transportation concurrency requirements of the Phase I Development
Regulations.
21. Neighboring property owners did not comment on the proposed rezone. Public agencies
did not oppose proposal or issuance of the DNS.
22. The Medium Density Residential category contemplates a range of residential densities of
6-15 dwelling units per acre. Commercial uses are not contemplated in such category. The UR-
12 zone and the UR-7 zone are the implementing zones for the Medium Density Residential
category, under the Phase I Development Regulations.
23. Policy UL.2.16 of the Comprehensive Plan encourages the location of Medium Density
residential categories near commercial areas and open public spaces, and on sites with good
access to major arterials. Policy UL.2.17 recommends that multi-family dwellings be established
throughout the UGA, by integration into small, scattered parcels throughout existing residential
areas; and built to the scale and design of the community and neighborhood, and contributing to
an area-wide density that supports transit and allows for a range of housing choices.
24. Policy UL.9.2 of the Comprehensive Plan recommends that the City seek to achieve an
average residential density in new development of at least four(4) dwelling units per acre though
a mix of densities and housing types.
25. The intent and purpose of the UR-12 zone is to add to the variety of urban housing types
and densities, set standards for the orderly development of residential property in a manner that is
compatible with surrounding land uses and assures the protection of property values. Business or
professional offices, but not medical offices, are permitted in such zone to provide some of the
service needs generated by high-intensity land uses. UR-12 zone areas are typified by multi-
family residences, which are frequently used to provide a transition between low-density
residential zones and intensive business zones. The maximum residential density permitted in
such zone is 12 dwelling units per acre.
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26. The rezone application indicates that an office use for the site may be more suitable for the
site and more economically viable than multi-family housing, due to the noise and glare
generated by the proximity of the site to Interstate 90. The visibility of office uses to traffic
along I-90 may also be a factor in this opinion.
27. The City has not adopted regulations to fully implement the policies of the Comprehensive
Plan for land designated in the Medium Density Residential category. Considering the location
of the site along the Interstate 90 freeway, the location of the site adjacent to UR-22 zoning and
high-density multi-family development, and the proximity of the site to the I-90/SR-27 freeway
interchange, the UR-12 zone is a suitable zone to implement the policies of the Medium
Residential category.
28. The proposal otherwise implements the policies of the Comprehensive Plan, as set forth in
the Staff Report.
29. Parcel no. 45094.0538 making up part of the site does not conform to the minimum
frontage requirements of the UR-12 zone. The applicant is willing to consolidate such parcel
with the other tax parcel making up the site,which combined parcel will meet the frontage
requirement.
30. The proposal has been conditioned for compliance with the UR-22 zone and the 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 Phase I Development Regulations, incorporation of the City of
Spokane Valley, the rezoning of land located east of the site to the UR-22 zone, and the
development the land located east of the site for high density residential development.
Based on the above findings of fact,the Hearing Examiner enters the following:
II. 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-12 zone, the City Zoning Code
and other applicable development regulations.
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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. 57, as amended by City Ordinance 03-081.
III. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
zone reclassification to the Urban Residential-12 (UR-12)zone is hereby approved, subject to the
conditions of the various agencies specified below.
All conditions imposed by the Hearing Examiner shall be binding on the "Applicant",
which term shall include the owners and developers of the property, and their heirs, assigns and
successors.
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.
Upon expiration of the appeal period, City staff shall prepare an ordinance or other
appropriate document for execution by the City Council for the City of Spokane Valley,
providing for adoption of the subject rezone and amendment to the City Zoning Map as an
official control of the City of Spokane Valley.
CONDITIONS OF APPROVAL:
A. General conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. Any office uses developed on the site shall be limited to business or professional office
uses,pursuant to Chapter 14.605 (Residential Zones Matrix) of the Spokane Valley Interim
Zoning Code.
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B. Condition to be met by January 15,2004:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT CURRENT
PLANNING DIVISION:
2. To address conformity of the parcels making up the site to the lot frontage requirements of
the Urban Residential-12 (UR-12) zone, the applicant shall, no later than January 15, 2004,
submit to the City of Spokane Valley Current Planning Division a written request to eliminate the
lot boundary between Parcel Nos. 45094.0538 and 45094.0541 that currently making up the site.
3. The request shall be accompanied by a record of survey drawing prepared by a licensed
surveyor in the State of Washington, comply with all applicable local and state survey
documentation requirements, and specify the new legal description on the face of the survey for
the new parcel of land. Upon approval by the Current Planning Division, the applicant shall
supply the City with a signed record of survey for recording and submit all required recording
fees.
C. Conditions to be met prior to issuance of a building permit:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
4. Prior to issuance of a building permit, the applicant shall submit written evidence that any
proposed non-residential land use is limited to business and professional offices, to assure
consistency with Chapter 14.605 (Residential Zones Matrix) of the Spokane Valley Interim
Zoning Code.
SPOKANE COUNTY DIVISION OF UTILITIES:
5. A copy of the completed Sewer Availability form shall be submitted to the County Division
of Utilities along with the application.
6. A wet(live) 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 permit in order to establish sewer
fees.
7. 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.
8. Security shall be deposited with the Division of Utilities for the construction of the public
sewer connection and facilities for the prescribed warranty period. Security shall be deposited in
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the form acceptable to the Division of Utilities and in accordance with the County Sanitary
Sewer Ordinance.
9. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
D. Conditions to be met prior to or during construction:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
10. Upon discovery of potential or known archaeological resources at the subject property prior
to or during 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.
11. To reduce noise impacts to surrounding properties, the hours of future on-site construction
shall be authorized as follows: 1) between 7:00 a.m. and 9:00 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.
12. Prior to on-site construction, the applicant shall prepare and record with the Spokane
County Auditor's Office an easement agreement with Avista Utilities for the establishment of a
fifteen (15)-foot wide easement along the entire western boundary line of the site, to permit the
extension of utilities from an existing pole line to the south.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
13. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed engineer/surveyor, who shall furnish the City Engineer with
"Record Drawings"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.
14. Prior to or during construction, the applicant is responsible for arranging for all necessary
utility adjustments,relocations, or improvements as required for completion of the project.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
15. Dust emissions during demolition, construction, and excavation projects shall be
controlled. This shall include but not be limited to the use of water sprays, tarps, sprinklers or
suspension of activity during certain weather conditions.
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16. 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 shall be taken
immediately to clean these surfaces.
17. Debris generated as a result of this project shall be disposed of by means other than
burning.
18. SCAPCA strongly recommends that all traveled surfaces (i.e. ingress, egress,parking areas,
access roads, etc.)be paved and kept clean to minimize dust emissions.
19. If objectionable odors result from this project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
20. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
21. 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.
22. 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 TRANSPORTATION:
23. Prior to on-site construction, the applicant shall submit a site drainage plan to the Eastern
Region Office of the Washington State Department of Transportation for review and approval to
ensure that all site drainage is maintained on-site.
24. Signage visible to Interstate 90 shall conform to the State and Federal Scenic Vistas Act.
Please contact Mark Smythe at(509) 324-6551 for more information on the Scenic Vistas Act.
E. Prior to issuance of a certificate of occupancy for any future site development:
25. Prior to the issuance of certificate of occupancy for any future development of the site,
street improvements to Wilbur Road and site frontage improvements, as hereinafter described,
shall,pursuant to adopted City standards and based on the determination of the Public Works
Director,receive engineering approval from the City of Spokane Valley Engineering Division,be
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constructed, and be inspected and accepted by the City of Spokane Valley Public Works
Department.
26. All road and drainage improvements shall be installed and accepted by the City of Spokane
Valley Public Works Department, or a bond in the amount of the improvements shall be
submitted.
27. Prior to issuance of a certificate of occupancy, the applicant shall dedicate to the City of
Spokane Valley required public road right-of-way, as identified through the engineering plan
review and approval process.
28. The applicant shall construct a cul-de-sac at the end of Wilbur Road consistent with the
design standards of the City's Interim Standards Wilbur Road. The cul-se-sac shall meet the
design requirements of the Spokane Valley Interim Road and Sewer Standards.
29. Off-site improvements for Wilbur Road, consisting of fifteen (15) feet of asphalt east of
centerline, ten (10) feet west of centerline, a two (2)-foot gravel shoulder on the west side of
Wilbur Road, and Type B curbing on the east side of Wilbur Road shall be constructed by the
applicant, and inspected and accepted by the City of Spokane Valley Public Works Department.
30. On-site road improvements for Wilbur Road, consisting of fifteen (15) feet of asphalt east
of centerline, ten (10) feet of asphalt west of centerline, a two (2)-foot gravel shoulder on the
west side of Wilbur Road, and Type B curb and gutter, a seven (7)-foot to ten (10)-foot wide
planter strip, and a six (6)-foot wide sidewalk all on the property frontage side of Wilbur Road
shall be constructed by the applicant, inspected and accepted by the City of Spokane Valley
Public Works Department.
31. All road and drainage improvements shall meet the Spokane Valley Interim Standards for
Road and Sewer Standards for frontage improvement design.
DATED this 15th day of December, 2003
CITY HEARING EXAMINER PRO TEM
Mi ael C. Dempsey, WSBA#3,1
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NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No 57, as amended by City Ordinance No
03-081, 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.
This decision was mailed by certified mail to the Applicant, and by first class mail to
other parties of record, on December 15,2003. THE APPEAL CLOSING DATE IS
DECEMBER 29, 2003.
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, 11707 E. Sprague
Avenue, Spokane Valley, Washington, (509) 921-1000. 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.
tl
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