SUB-2012-0001-REZ-2014-0001 Findings CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Preliminary Plat of 12`x'Avenue and Vercler )
Road, and Rezone from R-3 Zoning District to R-4 )
Zoning District; ) FINDINGS OF FACT,
) CONCLUSIONS OF LAW,
File No. SUB-2014-0001/REZ-2014-0001 ) AND DECISION
Applicant: Whipple Consulting Engineers, Inc. )
)
I. SUMMARY OF DECISION
Hearing Matter: Consolidated applications requesting approval of a preliminary plat, and a
rezone from the R-3 zoning district to the R-4 zoning district.
Summary of Decision: Approve applications, subject to conditions of approval. The preliminary
plat will expire on October 9, 2021; unless a time extension request is submitted and approved
under Section 20.30.060 of the Spokane Valley Municipal Code (SVMC).
II. FINDINGS OF FACT
Procedural Matters:
1. The consolidated applications ("applications") propose a rezone of approximately 9.74 acres
of land from the Single-Family Residential (R-3) zoning district to the Single-Family Residential
Urban (R-4) zoning district; and a preliminary plat to divide such acreage into 39 lots for single-
family dwellings, in the R-4 zoning district.
2. The site is bisected by 12th Avenue, lies approximately 145 feet north of 14th Avenue, has
portions lying west of and adjacent to Vercler Road, and lies south of and adjacent to the right of
way for 10th Avenue; in Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45223.9092,
45223.9129, 45223.9203, and 45223.9205.
4. The applicant is Whipple Consulting Engineers, Inc.; addressed at c/o Todd Whipple, 2528
N. Sullivan Road, Spokane Valley, WA 99212. The site owner is JJ & LJ, LLC/Orinda;
addressed at 580 Dalewood Drive, Orinda, CA 94563.
5. On June 11, 2014, the applicant submitted applications to the City Community Development
Department("Department") for a preliminary plat and a rezone; to rezone 10.44 acres of land from
the R-3 district to the R-4 district, and divide such acreage into 42 lots for single-family dwellings.
The applications each met the requirements for a complete application, were deemed complete by
the Department on June 19, 2014, and were consolidated for processing and hearing by the
Department.
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6. On July 22, 2014, the applicant revised the preliminary plat map by deleting two (2) existing
lots included in the original project that abut 14th Avenue, and providing a westerly turning radius
for the south end of the extension of Collins Road. This reduced the site to approximately 9.74
acres; reduced the lot reserved for the existing residence from 46,421 square feet to 25,966 square
feet; significantly increased the size of the three (3) smallest lots in the preliminary plat; and
reduced the total number of lots to 39. See Exhibit 16, preliminary plat map revised on July 22,
2014, and acreages on existing conditions plan submitted on June 11, 2014.
7. On August 1, 2014,the Department issued a Determination of Nonsignificance (DNS) for the
revised applications (hereinafter referred to as the "applications"). The DNS was not appealed.
8. On August 21, 2014, the Hearing Examiner conducted a public hearing on the applications.
The notice requirements for the public hearing were met by the Department and the applicant,
respectively. The Hearing Examiner conducted site visits on August 15 and October 8, 2014.
9. The following persons testified at the public hearing, under oath:
Martin Palaniuk and Lori Barlow Mark Krigbaum
City Community Development Department Whipple Consulting Engineers, Inc.
11707 E. Sprague Avenue, Suite 106 2528 N. Sullivan Road
Spokane Valley, WA 99206 Spokane Valley, WA 99212
Todd Whipple Al Gravos
Whipple Consulting Engineers, Inc. 12712 E. 13th Avenue
2528 N. Sullivan Road Spokane Valley, WA 99216
Spokane Valley, WA 99212
Chris Bainbridge Missy Tieken
1421 S. Virginia Road 921 S. Collins Road
Spokane Valley, WA 99216 Spokane Valley, WA 99216
Rupert Butler Jim Huttenmaier
12620 E. 15th Avenue 1306 S. Virginia Road
Spokane Valley, WA 99216 Spokane Valley, WA 99216
Teresa Griffith Robert Blum
920 S. Collins Road 12722 E. 15th Avenue
Spokane Valley, WA 99216 Spokane Valley, WA 99216
Wayne Albert Lindsey Fowler
12514 E. 15th Avenue 12615 E. 14th Avenue
Spokane Valley, WA 99216 Spokane Valley, WA 99216
Don Colenso Christina Schick
12610 E. 15th Avenue 12707 E. 11th Avenue
Spokane Valley, WA 99216 Spokane Valley, WA 99216
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10. The Hearing Examiner heard the applications pursuant to Chapters 17.80, 18.20, 19.30 and
20.30 of the Spokane Valley Municipal Code (SVMC); and Appendix B (Hearing Examiner
Scheduling Rules and Rules of Conduct) of the Uniform Development Code (UDC) portion of the
SVMC (SVMC Titles 17-24).
11. The following exhibits were submitted by the Department, and admitted into the record at the
public hearing:
Exhibit 1: Vicinity Map
Exhibit 2: Zoning Map
Exhibit 3: Comprehensive Plan Map
Exhibit 4: 2014 Aerial Map
Exhibit 5: Application Submittal
Exhibit 6: Preliminary Plat Map of Record
Exhibit 7: Determination of Completeness
Exhibit 8: Notice of Application Materials
Exhibit 9: SEPA Determination
Exhibit 10: SEPA Checklist
Exhibit 11: Notice of Public Hearing Materials
Exhibit 12: Agency Comments
Exhibit 13: Public Comments
Exhibit 14: Power point presentation for Staff Report and Recommendations
Exhibit 15: Letter from Craig Jorgens, dated 8-21-14
Exhibit 16: Letter from Mark Krigbaum, dated 8-20-14
Exhibit 17: Letter from Chuck and Tamara Parker, dated 8-19-14
12. Exhibits 1-13 are attached to the Staff Report prepared by the Department. Exhibit 14 was
submitted by the Department. Exhibits 15-16 were submitted by Mark Krigbaum. Exhibit 17 was
submitted by Robert Blum.
13. The Hearing Examiner takes notice of the SVMC, the City Comprehensive Plan, other
applicable development regulations, and prior land use decisions in the vicinity.
14. The record includes the electronic recording of the hearing, the exhibits submitted at the
hearing, the sign-in sheet for the hearing, the documents in the application file at the time of the
hearing, and the items taken notice of by the Hearing Examiner.
Description of Site:
15. The site is approximately 9.74 acres in size, relatively flat in topography, irregular in shape,
divided into four (4)tax parcels, and developed with a single-family dwelling and detached garage.
16. The vicinity map, aerial map and preliminary plat map attached to the Staff Report, in
Exhibits 1, 4, 6 and 11, correctly depict the site and the design of preliminary plat (as revised).
The area zoning map, Comprehensive Plan map, existing conditions plan, preliminary plat map
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(original), and vicinity map attached to the Staff Report, in Exhibits 2, 3 and 8, depict the property
and project design for the original preliminary plat.
17. The site includes a 4.42-acre parcel improved with a residence, lying south of and adjacent to
the site frontage along 12th Avenue, and west of and adjacent to Vercler Road; a .84-acre parcel
improved with a garage, lying directly southwest of the intersection of Vercler and 11th Avenue,
and extending southerly to 12th Avenue; a 1.22-acre parcel lying directly west of the .84-acre
parcel, and also abutting the north side of 12th Avenue; and a 3.26-acre parcel, lying south of and
adjacent to the right of way for 10th Avenue.
18. The undeveloped portions of the site generally consist of open fields; and remnants of a
Christmas tree farm that currently includes evergreen trees of all sizes, and still has a limited
business. See existing conditions plan, aerial map, Exhibit 15, and testimony of Todd Whipple.
Description of Preliminary Plat:
19. The preliminary plat map of record submitted on June 11, 2014, and revised on July 22,
2014, depicts and indicates the following features of the project, in pertinent part:
(a)Retention of the existing residence, and removal of the existing garage, on the site.
(b)The extension and improvement of 13th Avenue, 11th Avenue and Collins Road through the site
from the west, the east and the north, respectively; and the northerly extension and improvement of
Vercler Road along the east edge of the southeast corner of the site.
(c)The widening and improvement of the 10th Avenue right of way (ROW) along the north edge of
the site,and of Vercler Road along the east edge of the north portion of the site.
(d) Division of the south end of the site, lying south of proposed 13th Avenue, into seven (7) lots,
each 7,550 square feet in size; along with one (1) corner lot of 10,409 square feet at the southwest
corner of the intersection of the extensions of 10th Avenue and widened Vercler Road.
(e) Division of the south portion of the site, lying between 12th Avenue and proposed 13th Avenue,
into a 25,966-square foot lot that includes the existing residence and borders along 12th Avenue; and
nine(9)lots ranging from 6,950 square feet to 11,004 square feet in size.
(f) Division of the north portion of the site, lying between 12th Avenue and 11th Avenue extended,
into a 10,270-square foot lot located at the southwest corner of the intersection of widened Vercler
Road and the extension of 11th Avenue; and eight (8) lots ranging from 8,559 square feet to 8,952
square feet in size.
(g) Division of the north portion of the site, lying between 11th Avenue extended and widened 10th
Avenue, into a 10,343-square foot lot and 10,339-square foot lot, bordering along the west side of the
southerly extension of Collins Road; a 10,090-square foot lot and a 10,420-square foot lot, located
along the south side of widened 10th Avenue; and eight (8) lots ranging from 7,911 square feet to
9,803 square feet, located between the extension of Collins Road and widened Vercler Road.
20. The concept for the original project was explained in the narrative dated June 18, 2014
included with the preliminary plat application. The concept for the revised project is described in
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the letter dated August 20, 2014 from Mark Krigbaum to the Hearing Examiner, in Exhibit 16; and
the summary from Craig Jorgens dated August 21, 2014, in Exhibit 15.
21. The primary purpose of the rezone, as stated by the applicant, was to gain relief from the lot
width of 65 feet required in the R-3 zoning district, compared to the 50-foot lot width allowed in
the R-4 zoning district; considering that existing streets in the area are spaced approximately 300
feet apart, current conventional neighborhood streets are typically only 200-230 feet apart, and if
the existing streets in the vicinity were closer together the site could be divided for up to 50 lots in
the R-3 district. The minimum lot depth in the R-3 zoning district is 90 feet, which would allow
two (2) lots to be stacked end to end in a 180-foot wide block. See Exhibit 16.
Land Use Designations for Site and Neighboring Properties, Surrounding Conditions:
22. The site and neighboring land are designated in the Low Density Residential category of the
Comprehensive Plan, which neighboring land consists mostly of single-family dwellings on lots
ranging from approximately 11,800 square feet to 2.5 acres in size. The site owner owns the two
(2) undeveloped lots located between the site and 14th Avenue to the south that were part of the
original project, and plans to keep such lots intact. See Exhibit 16.
23. The three (3) lots lying directly west of the site, between Houk Road and the south one-half
(1/2) of the 3.26-acre parcel located in the north end of the site, are zoned R-4, approximately
12,000 square feet in size, and developed with duplexes; while other nearby land is zoned R-3.
See aerial map, County Assessor's map for the S %2 of Section 22 in file, parcel information in file,
Hearing Examiner site visit, 2014 aerial map, and preliminary plat narrative submitted with
preliminary plat application.
24. The lot, and the large parcel, lying directly south and southwest of the southwest corner of
the site, respectively; the large parcel lying directly south of such large parcel, and the parcel lying
directly east of such second large parcel are owned by Modern Electric Water Company, have a
combined size of approximately 2.3 acres, are improved with a well-site and large water tower,
and access the intersection of Houk Road/14th and the west terminus of 14th Avenue.
25. The land lying one (1) block west of the site, westerly of Houk Road, is designated in the
Medium Density Residential category of the Comprehensive Plan, zoned Multifamily Medium
Density Residential (MF-1), and developed with multi-family dwellings. Further to the west, the
land located along State Route No. 27 (SR-27/Pines Road) is designated in the Corridor Mixed
Use category of the Comprehensive Plan, zoned Corridor Mixed Use (CMU), and dominated by
commercial uses.
26. The 8-acre parcel located northwest of the intersection of Houk Road and the 10th Avenue
ROW, one (1)parcel northwest of the site; and the large area of land located two (2) blocks east of
the site, along the west side of McDonald Road between 12th and 16th Avenues; are designated in
the High Density Residential category of the Comprehensive Plan, zoned Multifamily High
Density Residential (MF-2), and developed with multi-family dwellings.
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27. SR-27 is a multi-lane state highway that extends southerly through the area to 16th Avenue,
and then continues southeasterly to 32nd Avenue and beyond.
28. The City Arterial Street Plan in the Comprehensive Plan designates 8th Avenue, 16th
Avenue, and McDonald Road in the area as Minor Arterials; and Sprague Avenue to the north, and
32nd Avenue to the south, as Principal Arterials. The other roads in the vicinity are considered
local access streets.
29. The local access streets in the vicinity are mostly paved, are curbed in several places, and
have sidewalk in only a few places. The 10th Avenue ROW is unimproved between Vercler Road
and Houk Road. Thirteenth(13th) Avenue west of the site is unpaved.
30. Tweith (12th) Avenue is paved to a width of approximately 20 feet in the vicinity. Vercler
Road is paved to a width of approximately 16 feet between 12th and the 10th Avenue ROW; and
paved to widths of approximately 28 feet, north and south of the site. Collins Road is paved north
of the site; and 11th Avenue is paved east of the site. Houk is paved, north of 11th; and 14th
Avenue is paved south of the site. Seep. 14-15 of Staff Report, and 2014 aerial map. Seep. 14-15
of Staff Report.
31. Sixteenth (16th) Avenue is signalized at its intersections with SR-27, Houk Road and
McDonald Road. Eighth Avenue is signalized at its intersections with SR-27 and McDonald. See
Map 3.2 in Comprehensive Plan.
32. Elementary schools are located at the intersections of McDonald Road with 7th and 16th
Avenues. Terrace View Park, a large city park with swimming and park facilities, is located along
24th Avenue between McDonald and Evergreen Road.
Comments submitted by Neighboring Residents and Property Owners:
33. Neighboring property owners expressed numerous concerns with and/or opposition to the
project in letters and a petition submitted before the hearing, the respective contents of which are
summarized on pages 9-10 of the Staff Report; and in testimony and a letter submitted at the
hearing.
Consistency of Applications with Approval Criteria:
34. The Low Density Residential category of the Comprehensive Plan provides for a range of
single-family residential densities from 1-6 dwelling units per acre; and is implemented by the R-1,
R-2, R-3 and R-4 zoning districts of the SVMC.
35. The Staff Report submitted by the Department sets forth relevant policies of the
Comprehensive Plan for the consolidated applications, and found the applications to substantially
conform to such policies. Additional relevant policies include the following:
(a) Policy TP-1.1 recommends that street design provide for connectivity between residential
neighborhoods and collectors, and that through traffic be discouraged.
(b)Policy TP-2.1 recommends that street design should complement adjacent development.
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(c) Policy TP-4.1 recommends that high-speed traffic be restricted from residential neighborhoods
and utilize traffic calming strategies to reduce vehicle speeds where appropriate.
(d) Policy TP-8.1 recommends that the City's transportation system be used to support desired land
uses and development patterns.
(e)TP-11.1 recommends that street standards, land uses, densities and building placement support the
facilities and services needed along transit routes to make transit viable.
(f) Policy LUP-16.1 encourages new developments to be arranged in a pattern of connecting streets
and blocks to allow people to safely get around easily by foot, bicycle,bus or car.
36. The policy most relevant to the proposed rezone is Policy LUP-1.7; which states that zone
changes should be allowed within the Low Density Residential category of the Comprehensive
Plan when specific criteria are met. This may include substantial changes within the area, the
availability of adequate facilities and public services, and consistency with residential densities in
the vicinity of the rezone site.
37. SVMC 19.40.040 and SVMC 19.40.050 describe both the R-3 district and the R-4 district as
providing low density residential development that is intended to preserve the character of existing
development, subject to compliance with the dimensional standards of SVMC Chapter 19.40
respectively established for such zoning districts.
38. The minimum lot size, lot width and lot depth in the R-3 district are respectively 7,500
square feet, 65 feet and 90 feet; and are respectively 6,000 square feet, 50 feet and 80 feet in the R-
4 district. The maximum lot coverage in the R-3 district is 50%, and is 55% in the R-4 district.
The minimum setbacks and maximum building height are the same in both districts.
39. The R-3 and R-4 districts each permit single-family and duplex dwellings. The R-4 district
permits multi-family dwellings, townhouse dwellings, and certain institutional-type residential
uses not permitted in the R-3 district.
40. The current preliminary plat proposes only single-family dwellings; with 34 lots being 7,550
square feet to 11,044 square feet in size, and a 25,966 square foot lot for the existing residence; all
consistent with the 7,500-square foot minimum lot size in the R-3 zoning district. The remaining
four (4) lots range from 6,950 square feet to 7,440 square feet in size, which sizes are much closer
to the minimum lot size of 7,500 square feet in the R-3 zoning district than the minimum lot size of
6,000 square feet in the R-3 zoning district.
41. The average lot size in the project is approximately 9,730 square feet. Most of the lot
frontages in the preliminary plat range from 50-55 feet. The lots are oriented so that the lengths of
the lots face any neighboring abutting parcels, minimizing the number of proposed lots that abut
existing lots.
42. The gross density of the preliminary plat is approximately 4.0 dwelling units per acre, and
the net density (after taking out the area reserved for roads) is approximately 4.5 dwelling units per
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acre. Both measures of density being well below the maximum residential density of six (6) units
per acre recommended in the Low Density Residential category of the Comprehensive Plan.
43. The Staff Report recommended no conditions of approval for the rezone application; and
recommended the adoption of the conditions recommended by the Department, other city
departments, and other public agencies for the preliminary plat application.
44. The majority of the traffic generated by the project will be distributed to the north and south;
and then use 8th, 12th and 16th Avenues to reach SR-27; with relatively little impact on 11th
Avenue east of the site, traffic along which was a concern raised by a few homeowners along such
road.
45. The applicant indicated that they would try to save the eight (8) mature pine trees located
along the edge between the property owned by Jim and Kathleen Huttenmaier and the site, where
Vercler Road will be extended to the north from 14th Avenue; which trees the Huttenmaiers want
to be preserved to eliminate noise and mitigate the potential for vehicular accidents. This depends
on whether the trees will be located outside the pavement and swale installed in the new right of
way.
46. In addressing the other concerns raised by the Huttenmaiers, the applicant pointed out in
Exhibit 16 that the lots located along Vercler Road south of 14th have double-frontages along
Vercler and Virginia Road; and that the 90° degree turn at the new intersection of Vercler and 13th
Avenue opposite the Huttenmaier property would be no different than other 90° degree corners on
the public streets in the City, not to mention that the street widths/turning radius and sight distance
at such corner would need to meet current City traffic engineering design standards.
47. On June 2, 2014, the City Traffic Engineer determined that sufficient roadway capacity
exists, or is programmed to exist with future improvements on the City street system to
accommodate the uses and densities in the original preliminary plat proposal that included 42
single-family lots; and certified transportation concurrency for such project, under SVMC Chapter
22.20, for the 42 PM peak hour trips such project is expected to generate. See Certificate of
Transportation Concurrency dated 6-2-14.
48. Such transportation certification represents a finding that PM peak hour traffic from the
original project, as conditioned, will not cause the adopted level of service (LOS) for signalized
and un-signalized City street intersections impacted by the project to be degraded to failing LOS.
The revised project for 39 lots will have less impact on such intersections. See SVMC 22.20.080
and 22.130.040; the Spokane County Standards for Road and Sewer Construction adopted
pursuant to SVMC 22.130.040, and LOS standards adopted in such standards; and Section 3.2.6,
Table 4.3 and p. 23-53 of Comprehensive Plan.
49. As discussed above, the SVMC and the Comprehensive Plan require or encourage new
developments to be arranged in a pattern of connecting streets and blocks, to allow people to safely
get around easily by car and non-motorized means;while restricting or encouraging the restriction
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of high-speed traffic from residential neighborhoods and utilizing traffic calming strategies, to
reduce vehicular speeds where appropriate.
50. Neighboring property owners did not submit competent traffic engineering evidence to rebut
the street design and improvements for the project designed by the applicant's traffic engineer and
required by the City traffic engineer; or establish that the project would have any significant
adverse impacts on traffic capacity and safety, or pedestrian safety.
51. The project will not significantly increase traffic along neighboring streets; will create, widen
and/or improve new or existing rights of way on or adjacent to the site; will increase traffic
circulation in the vicinity; and will provide curb and sidewalk on the new internal streets and along
adjacent streets in a neighborhood where the streets generally lack sidewalks and in many places
lack curbs. Any address issues for individual lots can be worked out prior to final plat approval.
See testimony of Mark Krigbaum, P.E. and Todd Whipple, P.E., Exhibit 16, and item 14 on p. 5-6
of Lead Agency Environmental Checklist Review.
52. The project will be served with public sewer and water. Spokane County Utilities, and
Modern Electric Water Company, respectively certified that public sewer and water are available
for the project, and the preliminary plat meets the public sewer and public water concurrency
requirements set forth in the SVMC. See comments submitted by County Utilities, Modern
Electric Water Company and the Spokane Regional Health District, in Exhibits 5 and 12; and item
16 on p. 6 of Lead Agency Environmental Checklist Review.
53. Competent evidence was not submitted by neighboring property owners to rebut such
evidence that the provisions for public water and sewer for the project are inadequate or will
adversely impact neighboring property owners.
54. The Comprehensive Plan, on page 30, projects school impacts through 2013; and advised
that the district needs to add more elementary classroom space in the east end of the district, the
district has acquired two (2) properties in the north Greenacres area for a new elementary school,
the district will need to construct a new high school and middle school in the 20-year time frame of
the Comprehensive Plan; and the district has a number of elementary schools that need to be
remodeled.
55. The Department notified the school district of the consolidated application, at the time notice
of the applications and the environmental checklist for the project was provided to the district,
other public agencies and neighboring property owners; and also mailed a copy of the DNS issued
for the project to the school district and other commenting agencies. .
56. The school district did not respond to the notification regarding the applications or
notification of the issuance of the DNS. Since the district did not respond with timely written
comments to the MDNS issued for the project, the Department may assume that the district had no
information relating to the potential impact of the proposal as it relates to the district's jurisdiction
or special expertise. The lack of timely comment by the district may also be construed as a lack of
objection to the DNS issued by the Department. See WAC 197-11-545.
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57. Terrace View Park, a large City park, is located southeast of the site along 24th Avenue;
between McDonald Road and Evergreen Road. Browns Park, a small City park, is located
southwest of the site at the intersection of Pines Road and 32nd Avenue.
58. The SVMC does not require direct concurrency for schools or parks, and provides no
mechanism or basis for the imposition of impact fees on new development, including the current
project, to mitigate impacts on such facilities. Under the circumstances, the preliminary plat
makes appropriate provisions for parks and schools. See SVMC Chapter 22.20.
59. As set forth in the Staff Report, the preliminary plat complies with the zoning standards of
the R-4 district, and complies with all applicable standards and requirements set forth in the UDC.
60. Public agencies did not object to either application, or the environmental impact generated by
the proposal. The environmental checklist submitted by the applicant, and the DNS issued by the
Community Development Department, properly addressed the relevant environmental impacts of
the application. The site and neighboring land are not designated as priority wildlife habitat.
61. As set forth in the Staff Report, and as supplemented by the above findings, the preliminary
plat is consistent with the Comprehensive Plan; will serve the public use and interest; and makes
appropriate provisions for the facilities, services and factors set forth in RCW 58.17.110 and
SVMC 20.20.100.
62. The proposed rezone and preliminary plat meet the direct concurrency requirements for
transportation,public sewer and water as set forth in SVMC Chapter 22.20.
63. The proposed rezone must comply with the applicable rezone criteria, regardless of the
merits of the preliminary plat application; and follows a separate appeal path from the preliminary
plat application.
64. The proposed rezone meets the concurrency requirements set forth in SVMC 22.20, is
consistent with the Comprehensive Plan; bears a substantial relation to the public health, safety and
welfare; is appropriate for reasonable development of the property; is adjacent and contiguous to
property of a higher zone reclassification; will not be materially detrimental to uses or property in
the immediate vicinity of the site; and has merit and value for the community as a whole. The
following facts support such findings:
(a)The site is designated in the Low Density Residential category of the Comprehensive Plan, and the
R-4 district is an implementing zone for such category.
(b) The portion of the site lying north of 12th Avenue consists of three (3) tax parcels that are
contiguous, in common ownership, and un-platted; and that can be consolidated into a single parcel
that would directly abut the three (3) lots zoned R-4 ( a higher zone reclassification)that lie between
the site and Houk Road to the west.
(c)The portion of the site lying south of 12th Avenue consists of a single tax parcel that is under the
same ownership as the portion of the site lying to the north, is un-platted, can be considered
contiguous and adjacent to the portion of the site lying north of 12th Avenue because it is separated
HE Findings, Conclusions and Decision SUB-2014-0001/REZ-2014-0001 Page 10
only by a public street, and can be rezoned to the R-4 district at the same time as the contiguous
property to the north(across 12th Avenue) is rezoned to the R-4 district.
(d)The Department in the Staff Report properly found that the entire site lies adjacent and contiguous
to the R-4 zoning district located between the site and Houk Road,with all the parcels making up the
site acting as a whole in the rezone application.
(e) The R-4 district is a residential zone similar to the R-3 district, but with somewhat more intense
development standards and allowed uses. The R-4 district provides more flexible development
standards for the fill-in development of residential land; such as the project site; which is relatively
narrow compared to its width, and abuts streets that are farther apart than current conventional streets.
The flexibility allowed by the R-4 district is evident from the design of the preliminary plat.
(f) The site can be served by a high level of public services and facilities, including public sewer and
water, and modern utilities. The higher residential density allowed by the R-4 district will make the
extension of such services,facilities and utilities more cost-effective; while still allowing concurrency
requirements to be met.
(g) The north part of the site abuts duplex units on land zoned R-4; apartment units on land zoned
MF-1 are located across Houk Road from such duplexes, and also south of the duplexes along Houk;
the south part of the site abuts acreage improved with a large water tower and maintenance facility for
Modern Electric Water Company;the site owner controls undeveloped lots lying between the site and
14th Avenue to the south.
(h) The acreage parcels lying between the site and Houk Road to the west, while improved with a
single-family dwelling, are significantly undeveloped even under the R-3 zoning district. The parcels
are also located across Houk from, or abut, land zoned MF-1 that is developed with duplexes or
apartments.
(i) Multifamily development on land zoned MF-2 is located a few blocks east of the site, and also
one (1) block northwest of the site; the site is located a few blocks east of intensive commercial
development, and a busy state highway, along SR-27; and the site is located only a few blocks from,
and will be able to access,the City arterials of McDonald Road, 8th Avenue and 16th Avenue.
(j) The tree farm on the site is no longer an economically viable use for the size of the site.
65. The preliminary plat has been conditioned for compliance with the R-4 district, the UDC, and
other applicable development regulations.
Based on the above findings of fact,the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. Any finding of fact above that is a conclusion of law is hereby deemed such.
2. Certain minor changes should be made to the conditions of approval to ensure clarity and
compliance with the development regulations applicable to the project.
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3. The proposed rezone to the R-4 zoning district e complies with the rezone criteria set forth in
SVMC 19.30.030.
4. SVMC 19.30.030 erroneously states that site-specific zoning map amendments shall be
processed pursuant to SVMC 17.80.140, which section applies to Comprehensive Plan
amendments and area-wide rezones processed through the Planning Commission and City Council.
SVMC 18.20.030(A)(5)(h) expressly vests the Hearing Examiner with authority over site-specific
rezones that are not processed at the same time as an implementing Comprehensive Plan
amendment for the same site, such as the proposed rezone.
5. Washington case law requires the proponent of a rezone to establish, by a preponderance of
the evidence, that the proposed rezone bears a substantial relationship to the public health, safety
or general welfare; and that a substantial change of circumstances has occurred in the area.
However, proof of a substantial change of circumstances is not required if the rezone implements
the comprehensive plan of the local government.
6. The proposed rezone to the R-4 zoning district implements the Comprehensive Plan; and
bears a substantial relationship to the public health, safety or welfare.
7. As conditioned, the preliminary plat application complies with the direct concurrency
requirements set forth in SVMC Chapter 21.20 (Concurrency).
8. The preliminary plat application, as conditioned, complies with the R-4 district, zoning,
subdivision and other requirements for land development set forth in the UDC; and with other
applicable development regulations.
9. The preliminary plat and dedication, as conditioned, conform to the Comprehensive Plan and
will serve the public use and interest.
10. The preliminary plat and dedication, as conditioned, make appropriate provision for the
public health, safety and general welfare; for all other requirements found to be necessary and
appropriate and for which written standards and policies have been adopted; and for open spaces,
streets, alleys, drainage ways, schools and school grounds, playgrounds, parks and recreation,
sidewalks and other planning features for children who only walk to and from school, noise and
dust emissions, sanitary wastes and sewer, public potable water supplies, easements, utilities,
critical areas, and all other relevant facts as specified in RCW 58.17.110 and SVMC 20.20.100.
11. The procedural requirements of the State Environmental Policy Act and SVMC Title 21
(Environmental Controls) have been met.
12. The approval of the preliminary plat and rezone application, as conditioned, is appropriate
under SVMC 19.30.030, SVMC Title 20 (Subdivision Regulations), SVMC Chapter 18.20
(Hearing Examiner), and RCW Chapter 58.17.
13. Any conclusion of law above that is a finding of fact is hereby deemed such.
HE Findings, Conclusions and Decision SUB-2014-0001/REZ-2014-0001 Page 12
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the consolidated applications
for a preliminary plat and zone reclassification in the above file are hereby approved, subject to the
conditions of the various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
This approval does not waive the applicant's obligation to comply with all other
requirements of other public agencies with jurisdiction over land development.
Conditions of Approval:
The "applicant", as referenced in the conditions of approval below, shall be deemed to include the
owner and developer of the site, and their heirs and successors-in-interest.
A. General Conditions:
SPOKANE VALLEY PLANNING DIVISION:
1. The approved preliminary plat shall have a maximum of thirty-nine (39) residential lots, and
shall be designed substantially in accordance with the preliminary plat map of record revised on
July 22, 2014. Pursuant to Section 20.50.020 of the Spokane Valley Municipal Code (SVMC), any
increase in the number of lots, change in land use, substantial change to the design of the
preliminary plat, or significant amendment to the conditions of approval for the preliminary plat
shall require the submittal and processing of a change of conditions application, and the approval
of such application by the Hearing Examiner after a public hearing. Minor modifications may be
processed administratively by the Planning Division pursuant to SVMC Chapter 20.50
(Preliminary Plat, Short Plat, and Binding Site Plan Alterations).
2. Pursuant to SVMC 20.30.060 (Extensions of Time), 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.
3. Pursuant to SVMC 20.20.050 (Prohibition against sale, lease or transfer of property) any
sale, lease, or transfer of any lot or parcel created pursuant to the SVMC 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.
4. SVMC 20.20.080 (Professional Land Surveyor) requires the preparation of all preliminary
and final subdivisions be made by or under the supervision of a professional land surveyor. The
professional land surveyor shall certify on the final plat that it is a true and correct representation
of the lands actually surveyed. A survey is required for all final plats of the project, and each
HE Findings, Conclusions and Decision SUB-2014-0001/REZ-2014-0001 Page 13
survey shall comply with RCW Chapter 58.09 (Survey Recording Act), and WAC Chapter 332-
130 (Survey and Land Descriptions).
5. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), as superseded by recent
amendments to RCW 58.17.140, preliminary plats approved prior to December 31, 2014
automatically expire seven (7) years after preliminary approval is granted, unless a time extension
is approved for the preliminary plat. The expiration date for the current preliminary plat is October
9, 2021. If a request for an extension of time is not submitted at least 30 days prior to the date of
expiration of the preliminary plat, and approved by the Department, the preliminary approval
expires and the preliminary plat is null and void.
6. Pursuant to SVMC 20.40.030 (Filing Short Plat, Plat, or Binding Site Plan), 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.
7. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by the
applicant prior to recording.
B. Prior to or along with the submittal of a proposed final plat, the applicant shall comply with
the following requirements:
SPOKANE VALLEY PLANNING DIVISION:
1. The submitted final plat application shall comply with all submittal requirements
specified in SVMC Chapter 20.40.
2. The final plat dedication shall state: "All lots 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 R-4 zoning district or successor zoning
designation, to the extent permitted by Washington State Law in effect at the time of building
permit application."
SPOKANE VALLEY BUILDING DIVISION:
3. The following addresses have been assigned and shall be designated on the final
plat:
Block 1
Lot 1 12622 E. 10th Avenue or 1004 S. Vercler Road
Lot 2 1008 S.Vercler Road
Lot 3 1012 S.Vercler Road
Lot 4 1018 S.Vercler Road
Lot 5 1022 S.Vercler Road or 12621 E. 11t1i Avenue
Lot 6 1021 S. Collins Road or 12603 E. 11th Avenue
Lot 7 1017 S. Collins Road
Lot 8 1013 S. Collins Road
HE Findings, Conclusions and Decision SUB-2014-0001/REZ-2014-0001 Page 14
Lot 9 1009 S. Collins Road
Lot 10 1005 S. Collins Road
Block 2
Lot 1 1106 S.Vercler Road or 12624 E. 11th Avenue
Lot 2 12620 E. 11th Avenue
Lot 3 12616 E. 11th Avenue
Lot 4 12610 E. 11th Avenue
Lot 5 12604 E. 11th Avenue
Lot 6 12605 E. 12th Avenue
Lot 7 12611 E. 12th Avenue
Lot 8 12619 E. 12th Avenue
Lot 9 12623 E. 12th Avenue
Block 3
Lot 1 12606 E. 12th Avenue (existing address requires change)
Lot 2 12522 E. 12th Avenue
Lot 3 12521 E. 13th Avenue
Lot 4 12527 E. 13th Avenue
Lot 5 12603 E. 13th Avenue
Lot 6 12609 E. 13th Avenue
Lot 7 12617 E. 13th Avenue
Lot 8 12621 E. 13th Avenue
Lot 9 12625 E. 13th Avenue
Block 4
Lot 1 12626 E. 13th Avenue
Lot 2 12622 E. 13th Avenue
Lot 3 12616 E. 13th Avenue
Lot 4 12612 E. 13th Avenue
Lot 5 12608 E. 13th Avenue
Lot 6 12602 E. 13th Avenue
Lot 7 12528 E. 13th Avenue
Lot 8 12520 E. 13th Avenue
Block 5
Lot 1 12518 E. 10th Avenue or 10002 S. Collins Road
Lot 2 1016 S. Collins Road
SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION:
1. A Professional Engineer, licensed in the State of Washington, shall prepare required
engineering documents (including civil/street plans, drainage plans, drainage calculations, traffic
studies, shared access driveway plans, etc.). Plans shall conform to the 2009 City of Spokane
Valley Street Standards (or as amended), the 2008 Spokane Regional Stormwater Manual (or as
amended), the City of Spokane Valley Municipal Code and all federal, state and local regulations,
as applicable.
2. The review of civil plans and supporting documents cannot proceed until an application for a
Land Disturbance permit has been received. All documents (plans, reports, etc...) must be
submitted through the Building Department Permit Center located at 11703 E. Sprague Avenue,
Suite B-3.
HE Findings, Conclusions and Decision SUB-2014-0001/REZ-2014-0001 Page 15
3. Frontage improvements and right-of-way and border easement dedications are required per
Street Standards, Chapter 2 and are described below. All streets are designated as local access
streets.
Existing Existing Required ROW Border
Street Easement Notes
ROW Improvements Improvements Dedication
Dedication
Required
28' paving, and improvements
10th 13'south side: 13' south reflect half-street
0' None 2' curb& gutter, 19' improvements;
10' swale side adjacent property
5' sidewalk has+/-35' of
paving with curb
30' paving, and Adjacent property
on both sides: has+/-35' of
11th 0' None 2' curb&gutter 38' 13' each paving with curb;
10' swale side 11th to Collins may
5' sidewalk be designed with
radius
30' paving, and
+/-20' paving on both sides: 12' each
12th 40' only 2' curb& gutter 0'
10' swale side
5' sidewalk
13`h 30' paving,and
Onsite on both sides: 13' each
to 0' 0' 2' curb& gutter 38'
Vercler 10' swale side
Road 5' sidewalk
Improvements
13`h 20' paving, and reflect minimum
Offsite on both sides: 1' emergency access
to 50' None gravel 0' 0' and drainage
requirements.
Houk shoulders,
Road drainage ditches Exist.Driveways
shall be
accommodated.
Adj. property has
30' paving,and +/-38'-40' of
Collinson both sides: 13' each paving and curb;
0' 0' 2' curb& gutter 38'
Road t,,
10' swale side Collins to 11 may
5' sidewalk be designed with
radius
Varies, 0' Varies from 0' 28' paving, and Required
Vercler ROW on to+/_ 16' on west side: 13' west improvements
Road project paving to+/- 2' curb&gutter, 19' side reflect half-street
side of 28' paving 10' swale improvements at a
centerline 5 sidewalk minimum
HE Findings, Conclusions and Decision SUB-2014-0001/REZ-2014-0001 Page 16
4. The internal streets shall be designated and designed as local access public streets, per
Typical Street Section R-120. Any right-of-way and/or border easement dedications shall be
designated on the final plat language and map. Note: building setbacks begin at the edge of the
border easement. Where streets end at the plat boundary, the right-of-way and border easements
shall continue to the plat boundary and temporary full cul-de-sacs provided at the ends of the
streets.
5. Driveway approach designs shall follow the 2009 City Street Standards, or as amended.
6. All stormwater facilities shall be designed according to the Spokane Regional Stormwater
Manual (SRSM). Linear roadside facilities such as swales shall be located within the right of way
and/or border easements when adjacent to public streets or within a tract or easement when
adjacent to a private road or driveway serving more than one lot. Non-roadside facilities such as
ponds (especially consolidated ponds, which are those receiving runoff from more than one lot)
shall be within a tract (see SRSM 11.2).
7. Use the Standard Plan Notes found in the Street Standards Appendix 4A, rather than those in
the Spokane Regional Stormwater Manual Appendix 3B.
8. Show any utility easements (i.e. telephone, power, etc.). 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
2009 City of Spokane Valley Street Standards, or as amended.
9. If sewer and/or water needs to be brought to the properties, and this requires an Engineering
design, copies of the approved sewer and water plans shall be submitted to Development
Engineering. The civil plans for the project are required to show the extents of pavement removal
and replacement.
10. All new dry wells and other injection wells must be registered with the Underground
Injection Control program (UIC) at Department of Ecology prior to use and the discharge from the
well(s) must comply with the ground water quality requirement (non-endangerment standard) at
the top of the ground water table. Contact the UIC staff at UIC Program, Department of Ecology,
P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143 or go to:
http://www.ecy.wa.gov/programs/wq/grndwtr/uic/UlConlineregis.html for registration forms and
further information. Copies of the registration for drywells, which receive public road stormwater
runoff, are to be sent to Development Engineering. The City of Spokane Valley NPDES Permit
Number is WAR04-6507.
11. A Construction Stormwater Permit shall be obtained from the Department of Ecology if both
of the following two (2) conditions apply:
HE Findings, Conclusions and Decision SUB-2014-0001/REZ-2014-0001 Page 17
a. A construction project disturbs one (1) or more acres of land (such area is the
cumulative acreage of the entire project, whether in a single or in a multiphase project),
and,
b. If there is a possibility that stormwater could run off the site during construction, and
into surface waters or into conveyance systems leading to surface waters of the State.
Construction site operators must apply for a permit 60 days prior to discharging stormwater. More
information can be obtained from http://www.ecy.wa.gov/programs/wq/stormwater/construction/
12. Right-of-way dedication and border easements must be designated on the final plat map.
13. Plat language will be determined at the time of final plat submittal. Contact Development
Engineering after civil plan approval and/or prior to first submittal of final plat to obtain plat
language.
SPOKANE COUNTY DIVISION OF UTILITIES:
1. 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."
2. A Public Sanitary Sewer easement shall be shown on the face of the plat, and the final
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 its successors and assigns at all times hereinafter, at their own cost and
expense, may remove all crops, brush, grass or trees that interfere with the constructing, installing,
operating, maintaining, repairing, altering, replacing, removing, all other uses or purposes which
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."
3. 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. Prior to plan submittal, the applicant is
required to contact Chris Knudson or Colin Depner at 477-3604 to discuss details of sewer plans.
4. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization
of the project.
5. 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, and in accordance with the Spokane County Sanitary Sewer Ordinance.
HE Findings, Conclusions and Decision SUB-2014-0001/REZ-2014-0001 Page 18
6. Security shall be submitted to the Division of Utilities prior to approval of the Sewer Design
Plans
7. 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 final plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the Planning Department to the utility companies, Spokane Valley Engineer,
and the Spokane Regional Health District. Written approval of the easements by the utility
companies shall be received prior to submittal of the final plat.
3. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
4. Water service shall be coordinated through the Director of Utilities, Spokane County.
5. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
6. Prior to filing the final plat, the applicant 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.
7. Prior to filing the final plat, the applicant shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
8. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection use shall be approved by the water purveyor. The 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 plat,
on the face of said water plan that the plan is in conformance with their respective needs. The
water plan and certification will be drafted on a transparency suitable for reproduction.
9. 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
shall include a provision holding City of Spokane Valley, Spokane Regional Health District, and
HE Findings, Conclusions and Decision SUB-2014-0001/REZ-2014-0001 Page 19
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.
10. Prior to filing the final plat, the applicant shall demonstrate to the satisfaction of the Spokane
Regional Health District that the existing system serving the residence located on Lot 1, Tract 3 is
wholly located within the boundaries of the tract.
11. A public sewer system shall be made available for the lot and individual service will be
provided to each lot prior to sale. The use of individual on-site sewage disposal shall not be
authorized.
12. The final plat dedication shall state: "A public sewer system will be made available for the
plat and individual service will be provided to each lot prior to sale. The use of individual on-site
sewage disposal systems shall not be authorized."
13. The final plat dedication shall state: "The sponsor will assume responsibility for the
provisions of domestic-use water."
14. The final plat dedication shall state: "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 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 VALLEY FIRE DEPARTMENT(FIRE DISTRICT 1):
1. Two (2) new hydrants need to be installed; one at each of the following locations:
a. Collins Road & 11th Avenue
b. Vercler Road & 13th Avenue
2. All hydrants shall stand plumb. The traffic breakaway flange shall be set at the finished
curb/grade elevation with the lowest outlet of the hydrant no less than 18 inches above the curb
grade. There shall be a clear area around the hydrant of not less than 36 inches as measured from
the outside edge of the barrel or outlet ports, whichever is greater, for clearance of a hydrant
wrench on both outlets and the control valve.
3. All hydrants shall have a minimum of three outlets, one 4 '/2-inch inside diameter pumper
outlet and two 2 '/2-inch inside diameter outlets. The threads on all outlets shall be National
Standard Thread (NST).
4. The pumper port shall face the street. Where the street cannot be clearly defined or
recognized,the port shall face the most likely route of approach and location of the fire apparatus
while pumping, as determined by the Spokane Valley Fire Department. A water plan shall be
provided that shows the location of the required hydrants and size of the water main.
HE Findings, Conclusions and Decision SUB-2014-0001/REZ-2014-0001 Page 20
5. Fire apparatus access roads greater than 26 feet wide, but less than 32 feet wide, shall be
posted on one side as "No Parking-Fire Lane."
AVISTA UTILITIES:
1. Provide a 10-foot utility easement behind all border easements and label as "utility
easement".
2. Include the following language in the final plat dedication:
"Easements for utilities (gas, phone, fiber, cable TV) as shown on the herein described
plat are hereby granted over the rights-of-way for the private streets and adjoining said
streets to the City of Spokane Valley and its permitted serving utilities for the
construction, reconstruction, maintenance, protection, inspection and operation of their
respective facilities, together with the right to prohibit changes in grade over installed
underground facilities and the right to prohibit, trim and/or remove trees, bushes and
landscaping without compensation and to prohibit brick, rock or masonry structures that
may interfere with the construction, reconstruction, reliability, maintenance, and safe
operation of same. If the developer or his subcontracter should ditch beyond the limits of
the platted easement strips shown herein, the easement shall then be identified by the
actual physical location of the installed utilities."
Prior to or during on-site construction,the applicant shall:
SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION:
1. A pre-construction conference with Development Engineering is required prior to the start of
construction. The grading permit is to be taken out prior to scheduling the pre-con meeting with
proof of the permit issuance provided at the meeting. During this meeting, standards and submittal
requirements for the Construction Certification will be given to the project engineer/inspector.
2. For construction affecting public right-of-way, forty-eight (48) hours prior to construction
securely post a sign at each ingress to the project area. The signs shall be clearly visible from the
right-of-way and to provide project construction details. See Section 9.7 of the Street Standards.
3. Permits are required for any access to or work within the right-of-way of the Spokane Valley
roadway system. A traffic control plan will be required to accompany the right-of-way obstruction
permit.
4. The TESC structures (such as filter fence, silt ponds, silt traps) shall be installed prior to the
start of site work and maintained throughout the duration of construction and until the site has
stabilized.
5. All survey monuments shall be protected during construction. Any disturbed or damaged
monuments shall be replaced prior to certification/final plat and/or release of surety.
HE Findings, Conclusions and Decision SUB-2014-0001/REZ-2014-0001 Page 21
6. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed Washington State Professional Engineer/Land Surveyor. All work
is subject to inspection by the City Senior Development Engineer or by his staff
7. Upon completion of the improvements, a Construction Certification package and record
drawings are required for the improvements and shall be submitted and approved prior to Final
Plat approval.
8. For sureties,the City only accepts Letters of Credit or Cash Savings Assignments.
SPOKANE TRIBE OF INDIANS:
1. Pursuant to RCW 27.53.060, on the private and public lands of this state it shall be unlawful
for any person, firm, corporation, or any agency or institution of the state or a political subdivision
thereof to knowingly remove, alter, dig into, or excavate by use of any mechanical, hydraulic, or
other means, or to damage, deface, or destroy any historic or prehistoric archaeological resource or
site, or remove any archaeological object from such site, except for Indian graves or cairns, or any
glyptic or painted record of any tribe or peoples, or historic graves as defined in chapter 68.05
RCW, disturbances of which shall be a class C felony punishable under chapter 9A.20 RCW,
without having obtained a written permit from the Director of the Washington State Office of
Archaeology and Historic Preservation for such activities. Upon any discovery of potential or
known archaeological resources at the subject properties 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-fours from the time of discovery, the City of Spokane Valley Community Development
Department of said discovery.
SPOKANE REGIONAL CLEAN AIR AGENCY:
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.
If objectionable odors result from this project, effective control apparatus and measures shall be
taken to reduce odors to a minimum.
4. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
HE Findings, Conclusions and Decision SUB-2014-0001/REZ-2014-0001 Page 22
5. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
6. 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 Spokane Clean Air for a Notice of
Application.
7. A Notice of Intent shall be submitted to Spokane Clean Air 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 Spokane Clean Air for a Notice of Intent application.
DATED this 9th day of October, 2014
SPOKANE VALLEY HEARING EXAMINER
Cif
Micha C. Dempsey, WSBA# 35
HE Findings, Conclusions and Decision SUB-2014-0001/REZ-2014-0001 Page 23
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
On October 9, 2014, this decision will be mailed by regular mail to the Applicant, and to
all government agencies and persons entitled to notice under Section 17.80.130(4) of the
SVMC.
Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code (SVMC), the decision
of the Hearing Examiner on a site-specific amendment to the City of Spokane Valley zoning
map (i.e. site specific rezone) is final and conclusive unless within fourteen (14) calendar days
from the date the Examiner's decision was mailed, a party with standing appeals the decision
to the Spokane Valley City Council pursuant to Section 17.90.070 of the SVMC.
THE APPEAL CLOSING DATE FOR THE PORTION OF THIS DECISION
APPROVING THE APPLICATION FOR A SITE-SPECIFIC MAP AMENDMENT
(REZONE) FOR THE SITE FROM THE R-3 ZONING DISTRICT TO THE R-4 ZONING
DISTRICT IS OCTOBER 23,2014.
Pursuant to SVMC 17.90 and RCW Chapter 36.70C, the decision of the Hearing
Examiner on an application for a preliminary plat is final and conclusive unless within
twenty-one (21) calendar days from the date of issuance of the Examiner's decision, a party
with standing files a land use petition in Superior Court pursuant to RCW Chapter 36.70C.
Pursuant to RCW Chapter 36.70C, the date of issuance of the Hearing Examiner's decision
on such application is three (3) days after it is mailed. The date of issuance of the decision
regarding the preliminary plat is, accordingly, October 13, 2014, counting to the next
business day.
THE APPEAL CLOSING DATE FOR THE PORTION OF THIS DECISION
APPROVING THE APPLICATION FOR A PRELIMINARY PLAT FOR THE SITE IS
NOVEMBER 3,2014.
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; and may be inspected by
contacting Kristine Chase at (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
8:00 a.m. and 4:30 p.m. After the appeal period, or if transferred sooner than the expiration
of the appeal period, the file may be inspected at the City of Spokane Valley Department of
Community Development-Planning Division, 11707 E. Sprague Avenue, Spokane Valley,
WA, 99206; by contacting Karen Kendall at (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 SUB-2014-0001/REZ-2014-0001 Page 24