24957 PE-1414G MISC DOCUMENTATION-SMALL MAPS
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REQUEST FOR DESIGN DEVIATION
S.
$30.00
, w DqTE Jwae 28, 1995
ROAD NAME See Attachment A & B CRp/RII7 # NIA'
ruur-
NAME OF PLAT 8iverwalk PIID , Plat # ZE-92-81
ADDRESS OF BLDG N!A NAME OF BLDG PROJECT N/A BLDG# B9 S 8 T 25 R 45
FEDERAI.JSTATE PROJECT # N/A PROJEGT LIMTTS N/A
EXISTING COND TTIONS: PROPOSED Il1DR0 VEMENT'S:
ROA.D WIDTH N/A See Attachment A,, B. C. & D
ROAD SURFACE N/A • See Attachment A„ B. C. & D
AVG. DAII:Y TRAFFIC N/A N/A
Current Traffic Count Design Year Traffic Count
PROJECT DESCRIP'I'ION Riverwalk Ehase 2 and 3 is a 90 lot PIID with private interior streets
and access to the project from Indiana Avenue.. Imp►rovements include public sewer, water,
street, and drainage improvements. ,
PROPOSED DESIGN DEVIATION please see Attachmenr "A't
JUSTIFICATION: .
Please see Attachment and "B"
, . , , _ , . . . . . . .
SUBMTITED BY Inland Pacific Engineerinf; Co. . DATE June 28,, 1995-
A.DDRESS 707 West 7th Avenue, Suite 200, Spokane, WA ZIP CODE 99204-
PHONE # (509) 458-6840 . . . . . . . • . t. . . . ADMIIYYSTRATIVE VARIANCE FEE OF. _P0.Oa PAID TO. SPOKANE COUNTY ~++••~'s •1026W BROADWAY, SPOKANE WA 99260-0170 PHONE (509)456-3600 FAx (509)324-3478
. . , . _ . . . . . fMQUES'I' WIM NOT BE REVYEVVED' OUT FUNDS-
GASHl~CK # REC;EIVED BY ".►:~:3.~:a.: ~I~;~E__:f v~:~-~~: DA'I'E ~ ~Ls
. .
DESIGN DEVIATION •
STAFF RECOMMENDATIONS '
11F6'C6 MrnOVP /rd -rafC- a" DOc57-f Aoqo )TcG -5~17
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Approved Approved w/conditions Not Approved
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Project Manager ~ Date
A ►w"Pn.c 4TE 4,.ri <Avo, jq-ff,0rJT Cm~O~ T 0~-
pproved Approved w/conditions Not Approved ,
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Planning & Traffic Engineer Date
~
Approved A
c~ ppr ed w/conditions Not Approved / .
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Project Management Engineer Date
Approved Approved w/condidons Not Approved
( ) ( "
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Ope tions Engineer . Date SPOKANE. COUNTY ENGINEER'S.
DETERMINATION: ~
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Approved w/no conditions Approved as recommended above Not Approved
~ ) ,..w a•. , ` . _ : . - -
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. , _ Spokane County Eng neer . . . Date
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Memorandum
Date: July 12, 1995
To: Bill Hemmings
From: Ed Parry 4p
Subject: P1414 - Riverwalk (formerly Riverway Villa)
Design Deviations
1. IPEC is requesting 2 different deviations at this time. The
first request proposes that the northerly portion of the project,
to include improvements for Indiana Avenue, wouldgreviewed and
approved in accordance with the procedure stated in Sections 5.01,
9.01 through 9.10 and 10.01 through 10.03 of the 1995 SCRS; this
request is based on the fact that the project is currently under
the 1981 SRCS, which does not allow the streamlined review process. The second request proposes several private road sections,
and a section for Indiana Avenue similar to that provided in
Riverwalk 1st Addition (P1414). This request is based on IPEC's
assumption that the project is now under the 1995 SCRS, since the
date of the time extension is after the implementation date of the
current SCRS.
It would seem that if the 1981 SCRS was the governing standard
at the time of approval, then the 1981 SCRS should remain as the
governing standard through the various Time Extensions until such
time as either the Preliminary Plat Approval expires, or the
Conditions of Approval for the Time Extension specifically state
that the project shall meet the requirements of the 1995 SCRS.
2. We should provide these recommendations to the County Engineer
a. Proposed review/approval procedure: Recommend APPROVAL
The roads serving the plat north of Indiana are all private
roads; Indiana is a public road. Since the County has no real
interest outside of the public right-of-way (other than impacts
from drainage contributed by private parcels), the engineer should
be allowed to follow the review process listed in Sections 3.22
( f or private roads ) and 5.01 ( f or publ ic roads ) of the current
P1414 - Riverwalk P.U.D.
Design Deviatioa Requests
July 12, 1995
Page 2 of 2
SCRS. The engineer should also be given the responsibilities noted
in Section 9 and 10 of the current SCRS.
b. Proposed private road sections: Recommead APPROVAL
The proposed road sections differ from the standard in that
either a contiguous sidewalk is provided, or a separated sidewalk
without a 208 swale is provided. The proposed sidewalks meet the 6
foot width requirement for the P.U.D. overlay in the Zoning Code.
The pavement exceeds the minimums required in the 1981 SCRS (the
apparent governing standard), and also meets the requirements of
the 1995 SCRS.
c. Proposed Indiana Avenue road section: Recommend APPROVAL
The road section for Indiana Avenue required by the 1981 SCRS
is a Collector Arterial (Section #2), with a width (dimension "W")
of 40' (measured face to face of curb), with a contiguous sidewalk.
Since the 16 Jun 95 Extension of Time is silent as to the governing
edition of the SCRS, it would be reasonable to assume that this
project is still governed by the 1981 SCRS.
If the 16 Jun 95 Extension of Time for the plat is read to
require compliance with the 1995 SCRS, then the 40' roadway width
(dimension "W") is measured f rom toe to toe of the gutter,
resulting in a width of 43' between the curb faces; a separated
sidewalk section would also be required. Since phase 1 of this
project will have constructed approximately 1/ mile of Indiana with
a 40' width between the curb faces, and contiguous sidewalk, it
would be reasonable to allow Indiana Avenue to continue at 40'
between the curb faces, with a contiguous sidewalk, to some logical
transition point (such as a road intersection) with the contiguous
sidewalk section. The 40' pavement width between gutters, with a
separated sidewalk section should be constructed beyond the
transition point.
The County Engineer should approve coatinuatioa of the existing
road section.
iNLAruD PACiFIc ENGINEERING -TRANSMii-TAL
707 W. Tth AvenueF Seiite 2+00 Spakane, VYA ~5W)458-6W Fac: (509)458-8844
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Description, ~
* Prints C] Capy of Letter ❑Capies of app, plans
~.7 Drigtnal Drawing 12 Contract Documen#s ■ DesE+gn Deviation
* 1Nork Autharization ❑ Drainage Report 0
No. Copies Descrlption
1 Design Deviation
1 Exhibit "Au (Justification)
I Exhibit "B" ( Proposed X-sec:tions)
1 Review Fee Check # 1 a36B ($30. 00)
Purpvse
0 Enformation ■ Review & Comments 0 Per Your Request
■ Vllritten Approval 0 Signature & Return 0
F#emark5
Ed-
PlL/ase revIV•* ■hV aLkach#/d Des1gn DV TlatFon• ! fVeI YYr/ have Lr1~~ to a1I~om11 Iodate
the new County Standards in the design of these cross sections. !f you find an error
❑r a misunderstanding of the ner+v standards on my part, please let me knvw as
sovn as pvssible.
lf you need any further information: or have questians, please feel free to cail me at
our office.
5igned: .
Bruce A. ~i o ward' I. D ~
c~: ~ile JkIL io 1995 .
. ~
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SpaKAiiE CouNTY ENG«~Eil
EXHIBIT "A"
Proposed Design Deviation #1
This request is to allow the final plat lnown as Riverwalk P.U.D. to be reviewed and
approved under the recently adopted "Application Procedure" as described in the 1995
.Spok n~ Co n~ Standuds for Road and Sewer Con.s i n The project will be
designed in conformance with the road sections contained in the EX'I'ENSION OF
'ITME and the preli.minary plat (PE-1414-81/ PUDE-1-82/ ZE-92-81).
Justification
• The recent adoprion of the 1995 Snokane Countv Standards for Road and Sewer
C:onstniction has left some preliminary plats in a crossover status from the old standards
to the new standards. Therefore, to maintain continuity in the project, we propose the
entire north half, including Indiana Avenue, to be reviewed under the same review
process.
Proposed Design Deviation #2
This request is for the approval to construct the private streets and Indiana Avenue as
shown on Attachment B. (Please See Attachments)
JustiRcation
Due to the development of the north half into two separate communities we would like
to get 2 private roadway sections approved. The first section includes an integral
sidewalk behind the curb, while the second section is an alternate section providing a
planting strip between the sidewalk and the curb.
A) Interior private streets: For both the empty nester and non-empty nester community
(general family community), a sidewalk will be placed on one side of the roadway
adjacent to the curb, with an alternate planting strip section available. Both sections
provide more than the required 28' of pavement.
B) Indiana Avenue: The existing cross section is constructed with Type "B" curb and
gutter as shown on the North Idaho Engineering plans, with 40' face of curb to face of
curb. We want to keep continuity with this cross section for the entire project.
~ . . • .
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:AND. PaCIFiC' EHGINEERING'. C0:,. INC:.. 103 6 6~
, 70T': 7TH-AVE:. SUITE-200• . , _ . ' . • . . .WASHINGTON:'TRUS•T:-BANI~•- . . • . . - . .
SPOKANE, WA~992Q4 • : ' . • ' ~ , . . ~ . . . : . ' _ SROKANE, WA'592142127• .
. -
_ (509);458-6e40. • . : . . . . , : . ~ . . 2"1251
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***TH I RTY AND'-.:N0/`I00: DO*L'LaRS`".*" - . .
)F • ~ ~ - ~ ' ' INLAND PACIFIC ENGINEERING' CO., INC. •
• . , SPOE~~.ANE C~UN7Y . Et~IG I~IEERS'- . .GENERAL ACCOUNT. . . . ~ • - • •
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CASH ACCOUNT
14410 BEL-RED ROAD SU17E 200
BELIEVUE, WA 98007 19-2/1250
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S F U K A N L j C; U U N'1" Y
4 OFFlCE OF TF1E COUNTY ENGINEFR • A UIVISION OF'i1fE PUBLIC WORKS DEPARTMEiVT
Ronald C. Eiormann, I'.E., County Fngineer Dennis M. Scott, P.E., Director
AGREEMENT TO PAY FEES ENGINEER'S AGREEMENT NUMBER PE-1414 ~-ar
i
This agreernent between Spokane County aiid pac i f i~ P Cooert i es ,
tn3 meson
wtiose interest in ilie project is Owner
ti.e. owner, agem, eic.) • is etitered into tliis day of , 19 . This agreerneiit is applicable to tlie project
•
kiiown as: R i k Rth Aricli t i(ir~
-(p[o ec a re or TiTenane &-lne nu(%ber)
That the individuals and parties nacned Iierein as liaving an inceresl in the above described property or project
agree to the following:
1. Reimburse Spokane County for project review and inspection fees as specified in Cliapter
9.14 of the Spokane County Code. The fees will be based on actual salary costs incurred
by Spokane County for project reviews and ! or inspections plus a teci percent
adininistrative charge, and will be billed monthly as accrued. Any billing atnounts due,
inctuding any expeiises incurred iii tlie collection of an overdue account, must be paicl
prioc to the Coujity's acceptance of ilie project for filing. If a project is approved aiic1/or
filed witli a balance stili owing, the ulinaid balance shall be paid wittiiii 30 days of ttie
invoice date.
2. Tlie undersigned agrees that tliese Fees are due and payable upon receipt of the billilig as
specified above.
3. Any invoices noe paid witliin 30 clays ort Ilie invoice date will be coiisidereci cleliliquent.
tf any uutstanding halance on ilie account for this nroject is not paid within 30 days of
tlie invoice clate, tio further reviews of ehe project doc;ui»etits will be conducted until Ihe
eiitire accouiit balaiice is raicl. Any balance on tlie account for tliis nraject not paicl
witliin 65 days of the iiivoice clate tnay result in legat action or the initiatiori of otlier
collection procedures, iiicluciitig referral to a collectio» agency. Ttle Sponsor will be
liable for any and all expetises incurred by the County for the collection of overdue
, accounts.
4. The monthly billiiig stiould tie sent to the attention of:
NAME: Oouq Bi rch, Paci f i c Properti es
ADDRESS: 14410 Bel -Red Road
CITY, STATE: fl_ll evue-, 4JA
Z1P COllE: 98007
PliONE 1-206-6 a_2121
1 uiiderstand that failure to pay tliese fees iilay result in delay in completion or approval of ►he project or otlier
possible sanctioiis.
O If tllis fee agreemerit is coiiipietecf by someone otlier tfian tlle Spotlsor (i.e., the project
owcler or a principal in the firm sponsoring ilie project), sucli as tlie Engineer designilig
the project, tlien written auttiorization fro tltie Sponsor specjfically nuttiorizitig ttte
Agetit to execute tlits Fee Agreemettt ' clied to t'Fee reement.
14
, f~L~
SiGNATURE I3y.
-
(PRINT NAMC)
RETURN YELLOW CUPY TU SPOKANE COUNTY ENGINECRS
k\p1(lagreemen.fee 211/95 •
1026 W. Broadtivay Ave. • Spakane, WA 99260 V170 •(509) 456-3600 FAX: (509) 324-3478 'I'l)i): (509) 324-3166
. F.~._ •~1
~
C U U 1-4 "I' Y
S I~ C7 L< A N E 9,
OFFlCE OF TFlE COUNIY ENGINFF.R • A UIVISION OF 71TE PUBLIC WORKS DEPARTMENT
Ronald C. E Iormann, f'.E., Co►inty Engineer Dennis M. Scott, P.E., Director
AGREEMENT TO PAY FEES
ENGINEER'S AGREEMCNT NUMBER PE-1414 rl
This agreetnent between Spokane County aiid Paci f i c Properti es
n m per on wliose interest in (lie project is Owner
ti.e. owner, agcnt, eic.) is entered into this day of , 19 . This agreemeiit is applicable lo (lie project
- kjiown as: R; lk Rth Acidi ti nri .
kproJec e ress orTiTFname i e numder)
Tliat the individuals and parties naiiled lierein as Iiaving an interest in the above desccibed property or project
agree to ttie following:
1. Reimburse Spokane County for project review and inspection fees as speci~ted in Chapter
9.14 of the Spokane Couiity Code. The fees will be based on actual salary costs incurred '
by Spokane County for project reviews and / or inspeclions plus a teii percent ,
adininistrative charge, and will be billed monthly as accrued. Any billing amounts due,
including any expenses incurrecl in the collection of ati overdue account, rnust be paicl
prior to the Couiity's acceptance of [lie project for filing. if a project is approved and/or
filed wit1i a balance still owing, tlie uiipaid balance stiall be paid witliiii 30 days of the
invoice date.
2. The undersigned agrees lliat Iliese fees are due and payable upon receipt of (lie billitig as
speciied above.
3. Any invoices not paid witliin 30 clays of (lie invoice date will be coiisiderecl cleliiiquent.
lf any outstanding balance on the account for this Project is nnt paid wilhi:i 30 days of
(lie invoice date, no ftireher reviews of the project doctn»eiits will be conducteci unlil the
enlire account balance is raid. Any balance on tlie account fot tliis project not paid
witliin 65 days of the invoice cfate i»ay result in legal action or the initiatioil of otiier
collectioil procedures, iticluJirig referral to a collectio» agency. 'I'tle Sponsor wilt be
liable for any and all expectses incurred by ehe Coutity for the collection of overdue
accounls.
4. The montlily billiiig stiould be seclt to the attention of:
NAME: Douq Bi rch, Paci fi c Properti es
ADDRESS: 14410 Bel -Red Road
CITY, STATE: 8P11 evUe, WA
ZIP CODE: 98007
PH4NE 1-206-64A-2121
I uiiderstand that failure lo pay tliese fees may result in delay in completioii or approval of the project or otlier
possible sanctiotis.
O if tliis fee agreemerit is coitipletecl by someone otlier lhan (lie Sponsor (i.e., tlle project
owner or a principal in the firm sponsoring (lie project), sucli as lhe Engineer designicig
the project, llien written authorization fro t}le Sponsor specifically sutliortzing tlie
Agent to execiite this Fee Agreeuient ' ctied lo t'~ee reement.
SIGNATURE I3Y:
(PRINT NAME) ` r RETURN YELLOW COPY TO SPOKANE COUNTY ENGINEERS
k1p1f1agreemen.fee 2/1 /9S .
1026 W. Broad%vny Ave. • Spokane, WA 992GU-0170 •(,':nn1 ,f563600 f'AX: (509) 324-3478 'I'1)f): (5U9) 324-3'1G6
• r . • '
~
S P U K A N L i C C7 Ll N "I' Y
OFF1CE OF TFiE COUNIY ENGINFF.R • A QlVIS(ON OF T1TE PU6LIC WQRKS DfiPARTMENT
Ronald C. flormann, I'.E., County Fngineer Dennis M. Scott, P.E., Director
AGREEMENT T4 PAY FEES
ENGINEER'S AGREEMENT NUMBER PE-1414
This agreement between Spokane County arid pacifjc Properties ,
ti►a„i o persoll
wliose interest in the project is Ovrner
ti.e, owner. Agcni, cic.~ '
is entered into tliis day of , 19 . Tltis agreemeiit is applicable to the project
knuwn as: R i vPrwa 1 k Aj2
t, Ar1r1it i nn .
e~; c r~c'name i e number)
That the iiidividuals and parties nartied Iierein as Iiaving an interest in the above described property or project
agree to the following:
1. Reimburse Spokane Courity for project review and inspection fees as specified in Chapter
9.14 of the Spokane County Code. Ttte fees wili be based on actual satary costs incurred
by Spokane County for project reviews and / or inspections plus a ten percent
adininistrative cliarge, and will be bilied monthly as accrued. Any billiiig ainounts due,
including any expenses incurred in tlie collection of an overdue account, muse be paicl
prior to the Couiity's accepeance of llie project for filing. [f a project is approved alid/or
filed witiz a balance still owiiig, the unpaid balance shall be paid within 30 days of the
invoice date.
2. Ttie undersigned agrees lliat tliese fees are due and payable upon receipt of the billing as
specified above.
3. Aiiy invoices not paid witliin 30 clays of t1ie iiivoice clate will be cotisiderecl deliiiquent.
lf aiiy outstandiiig balance oii the accotitit for tliis project is not paid witllin 30 days of
tlie invoice clate, iio furtlier reviews of tlie project doctiiiietils will be conducted unlil t1ie
entire accoutit balance is pa'tcl. Any balance on the account for tliis project not paict
witliin 65 days of the iiivoice date iiiay result in legal actioci ot llle initiation of ottler
collectioti procedures, iilcluding referral to a coilectio» agency. Tlie Sponsor will be
liable for any and all expenses incurred by the County for the collection of overdue
accounts.
4. The montlily billicig slioulcl be sent to the attention of:
NAME: Douq Birch, Pacific Properties
ADDRESS: 14410 Bel -Red Road
CITY, STATE: flQl l PvuQ T WA
ZIP CODE: 98007
PHONE fl: 1-206-644-23.2-3
i uilderstand that failure to pay tliese fees rnay result in delay in cornpletion or approval of the project or otlier
Imssible sarticlions.
D If tiiis fee agreeitienl is conipleted by someone otlier ttian ttie Sponsor (i.e., the project
owner or a principal in the firm sponsoring the projeet), sucli as llie Engineer designirig
the project, tlien written authorization fro etie Sponsor spectfically autlioriztng the
Agent to execute tliis Fee Agreemeiit ' ched to t'r-ee reement.
SIGNATURE ay:
~ (pRINT NAMC)
itETURN YELLOW COPY TO SPOKANE COUNTY ENGINCCRS
klpl(1agrccrnca.fce 211/95
,
1026 W. Broadway Ave. 0 Spokane, 4'VA 99260 0 170 •(509) 456-3600 f~AX: (509) 324-3478 'fUI): (509) 324-3166
~ . . , .
I
• MURRAY FRANKLYN FAMILY OF COMPANIES 14903
CASH ACCOUNT
14410 BEL-RED ROAD SUITE 200
BELLEVUE, WA 98007 19-2/1250
~ PAY
- - G'.J
OROER OF 1"✓
~//~pJ ~ - - - - - DOLLARS
TWO SIGNATURES REOUIRED OVER $2,000•00
1 6EAF/196T Bi~(~
°e.n.w,. e..non ooeoo?
P.O. Box 907
BeNeNN. WA 95009 ' I
• FOR
u'0 L4 90 3,1' l: L 2 50000 2LX 3 9 4 5 20 Li'' ~
RECEIPT Date ~1- /3 9 ' v 236~~
Reteived From~
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Address I L+~ `
cq CM c WA` ollars $ l_l/
For IE, ~P V.
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ACCOUNT HOW PAID
AMT' Of USH
ACCOlfN1 ~
AMT. I/110 CHECK ~
~AIANCE MONEY
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~ OUE ORUER / ,
eKaoe RF,iAFOW
I
a
, a
BEFQRE SPOKANE COUNTY PLANNING
IN THE MATTER OF GRANTING AN EXTENSION- }
oF-TIME UESTED FoR PE-1414-81 / PUDE-1-82
ZE-9Z-$1, (PREVIOUSLY "RIVERWAY VILLA") )
AN APPROVED PRELIMIIV`ARY PLAT, PRELIMINARY ) FINDINGS OF FACT,
PLANNED UNIT DEVEL4PMENT AND ZONE CHANGE ) CONCLUSIONS AND
AND ) DECISION
GRANTING APPROVAL OF REVISED PRELIMINARY )
PLAT AND PRELIMINARY PUD SITE DEVELOPMENT )
PLAN FOR "RIVERWALK". )
THIS MATTER, a request for an extension of time from Michael A. Hunt pursuant to a letter dated
August 16, 1994, has been received and decided upon (after an extensive review, redesign and
coordination with the applicant's engineers and the various agencies), pursuant to Spokane County
Subdivision regulation (Chapter III, Section G), Spokane County Zoning Code and RCW
58.17.140.
AND THIS MATTER, a request for approval of a"Revised Preliminary Plat and Preliminary Site
Development Plan (PUD) of RIVERWALK" (previously Riverway Villa) as submitted by Inland
Pacific Engineering on May 19, 1995.
FINDINGS 4F FACT AND CUNCLUSIONS
1. The individual signing below has been properly delegated the responsibility for rendering
this decision by Spokane County Planning.
2. The proposal for the time extension is located south of both the Spokane River and the
Washington State Parks Department's Centennial Trail property, east of and adjacent to
Barker Road, and north of and adjacent to Mission Avenue in Section 8, Township 25
North, Range 45 E.W.M., Spokane County, Washington.
3. The Preliminary Plat and Preliminary Planned Unit Development (PUD) plans were
approved by the Hearing Examiner Committee on Apri12, 1982. The development then
consisted of a manufactured home subdivision on 118 acres for 365 lots including open
space and one commercial lot. The preliminary plat approval also included a rezone from
Agricultural (A) to Residential Manufactured Home (RMH) with a(PUD) Overlay zone and
to Commercial (C) under the now expired, Spokane County Zoning Ordinance. Such zone
reclassifications are accomplished as each phase of the preliminary plat is finalized and
recorded with the County Auditor. No portion of the project has been recorded to date.
4. The Preliminary Plat, PUD and Zone Change original approvals were, in part, based on an
Environmental Impact Statement (EIS) prepared for the proposed project. However,
numerous changes have occurred since 1982, which require mitigating measures as new
conditions of approval.
5. The Findings of the August 5, 1993, Time Extension decision are included by reference
with this action to assure clarification of the below findings, decision and conditions.
6. At the time of the preliminary approvals, Apri12, 1982, the Comprehensive Plan
designated this area as URBAIV Category. The location is within the Priority Sewer Service
Area (PSSA) and the Aquifer Sensitive Area (ASA) Overlay Zone. The Comprehensive
Plan was adopted late 1980 with an effective date of January 1, 1981. The URBAN
designation has remained the same since the 1982 preliminary approvals. The approved
original plans and zone changes continue to conform to the adopted Comprehensive Plan,
including the May 19, 1995, Revised Preliminary Plans.
7. On February 24, 1983, the sponsor submitted a Final PUD Site Development Plan for the
southern portion (S1/2) of the project and requested a change of condition to postpone the
Final PUD hearing of the northern portion (N 1/2) for three (3) years. The request was
approved by the Hearing Examiner Committee (HEC) on April 14, 1983. The approved
Final PUD Site Development Plan for the S 1/2 of the site consisted of a maximum of 178
lots on approximately 50 acres, which excluded the proposed commercial property at the
southwest corner. The approved Final S 1/2 PUD Site Development Plan was different
from the Preliminary PUD Development Plan stamped "Received November 12, 1981."
Larger residential lots, consolidated open space, elimination of recreational improvements
and redesign of the roads were approved in 1983. The HEC approved a redesign of the
PUD that clearly deviated from the original conceptual "preliminary PUD" map stamped
"Received November 12, 1981." The remaining Nll2 of the Preliminary PUD was
conditioned to acquire Final PUD Site Development Plan approval no later than May 1,
1986. After the Planning Department sent a late Expiration Notice to the sponsor, a Time
~
, l
June 14, 1995, Extension of Time File No. PE-1414-81 / Page 2
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
7. continued
Extension Application was accepted July 1986, processed, public notice given and the
project was granted approval approximately October 1986. Therefore, this deadline was
administratively (see Finding No. 8., 10. and 11. below) extended which followed with
four additional administrative time extensions (see Finding No. 12. below). As a condition
of the last Time Extension approved on August 5, 1993, a one (1) year deadline was
imposed on this north Final PUD Site Development Plan approval with an expiration date
of September 1, 1994.
4n March 24, 1994, before the above expiration date for the north Final PUD, the sponsor
submitted an overall (N1I2 and Si/2) Final PUD Site Development Plan for administrative
review and approval along with this time extension application. Since that submittal the
sponsor has proposed and received administrative approval to submit a revised overall
"preliminary PUD," which improves the lot design, open space and road design. May 19,
1995, (over one year later) the revised "preliminary PUD" was submitted and will be made
part of this time extension decision to create a clear record of the "revised preliminary plat"
and the "revised preliminary PUD."
8. On October 22, 1985, with Resolution Number 85-0900 the Board of County
Commissioners adopted the new Spokane County Zoning Code to be effective January 1,
1986. The new Chapter 14.704, Planned Unit Development (PUD) Overlay Zone,
established an administrative process to approve Final PUD site plans. The previous
Zoning Ordinance had required public hearings before the Hearing Examiner Committee to
approve Final PUD site plans.
9. The project area was zoned Agricultural (A) at the time of the Apri12, 1982, preliminary
approvals. The existing zoning of the property described in the application is presently
zoned Urban Residential-3.5 (UR.-3.5), previously established as Agricultural (A) zoning
in 1957 (ZE-286-57) and redesignated to UR-3.5 on January 1, 1991, consistent with the
PROGRAM TO IMPLEMENT THE SPOKANE COUNTY ZONING CODE. Note, as each phase
of the preliminary plat is finalized and recorded with the County Auditor the existing UR-
3.5 zoning will be reclassified to comply with the original zone change approval on Apri12,
1982, pursuant the PROGRAM 'Ib IMPLEMENT. The project area with the old approved
Residential Mobil Home (RMH) Zone will be substituted with the present Urban
Residential-7 (UR-7) and the present PUD overlay zone. The old approved Commercial
(C) Zone will be substituted with the present Communiry Business (B-2). Any
development of the proposed plat and planned unit development will need to conform with
the current Zoning, Planned Unit Development, and Subdivision standards. Pursuant to
RCW 58.17.195 the revised proposal as conditioned will conform to the requirements of
the approved zone change to UR-7 Zone with PUD Overlay Zone and the B-2 Zone.
10. March 18, 1986, Spokane County adopted specific criteria for administratively considering
the Extension of Time regarding the expiration of preliminary subdivisions. Extension of
time decisions no longer require a public hearing before the HEC. The time extension
criteria is found in Chapter III, Section G of the Spokane County Subdivision Ordinance
(Board of County Commissioner Resolution Number 86-0246).
11. October 1986, the Planning Department granted its first administrative (without public
hearing) time extension for 2 years under the authority of Chapter III, Section G of the
amended Spokane Counry Subdivision Ordinance. This 1986 Extension of Time approval
amended and extended the previous conditions of approval regarding all specific deadlines
of the April 14, 1986, Heanng Examiner Committee decision. This deadline extension
included the N 1l2 Final PUD deadline of May 1, 1986 (see Finding No. 7. above).
12. This Time Extension application is the seventh (7th) request for a time extension. The total
life of the Preliminary Plat, PUD and Zone Change has been 13 years and 2 months:
• April 1982 to April 1983 ...................Preliminary approvals - HEC
• April 1983 to April 1986 ...................3 years granted with change of conditions - HEC
• Nov 1986 to Dec 1988 ......................2 years (see Finding No. 11. above) - Ping. Dept.
• Dec 1988 to Jan 1990 2 years - Ping. Dept.
• Jan 1990 to Jan 1992 ........................2 years - Ping. Dept.
• Jan 1992 to Jan 1993 1 year - Ping. Dept.
March 4, 1993 Time Extension Denied for lack of progress
March 12, 1993 Appeal of Denial and additional information provided
May 24, 1993 Time Extension administratively Approved with updated conditions
June 3, 1993 Appeal of new and updated conditions-of-approval
Aug 19, 1993 Hearing Examiner Committee public hearing scheduled and advertised
July 1993 additional information provided
July 27, 1993 appeal withdrawn by Jim Reuter
July 29, 1993 withdrawal confirmed by project legal council, F. J. Dullanty, Jr.
Aug 5, 1993 administratively amended the May 24, 1993 Time Extension conditions
• August 1993 to September 1994....... 1 year - Ping. Dept.
August 23, 1993 HEC withdrawal of appeal ORDER (see Finding No. 13. below)
~
~
June 14, 1995, Extension of Time File No. PE-1414-81 ! Page 3
and a Revised Preliminary Piat / PUD PUDE-1-82 / ZE-92-81
12. continued
The above stated chronology does not include the processing time for which approval had
lapsed during review or appeal of decisions for each time extension request. Complete and
timely requests for any future time extensions sha11 be consistent with RCW 58.17.140 and
Spokane County Planning Subdivision Ordinance. Timely requests for consideration of
time extensions are the applicant/developer's responsibility as notices of expiration of
approval by Sgokane County Planning are not regularly provided. When said notices aze
provided they are done so only on a courtesy basis.
13. The appeal of the conditions of approval added to the administrative May 24, 1993, Time
Extension approval was advertised and scheduled for the August 19, 1993 Hearing
Examiner Gommittee (HEC) public hearing. Due to subsequent amendments made to these
conditions in the administrative August 5, 1993, Time Extension approval, the appellant,
Jim Reuter, withdrew his appeal by letter dated July 27, 1993, as did the project attorneys
by letter dated July 29, 1993. This appeal agenda item was not presented at the August 19,
1993, HEC hearing. Later, on August 23, 1993, the Hearing Examiner Committee signed
FINDINGS OF FACT, CONCLUSIONS AND ORDER which states:
ORDER "The Hearing Examiner Committee pursuant to the above Findings of Fact
and Conctusion, accepts the withdrawal by .lim Reuter, of the application of the
Preliminary Plat of PE-1414-81 described in the applicarion known a Riverway Villa."
MOTION "UNANIMOUS TO APPROVE THE WITHDRAWAL OF THE PRELIMINARY
PLAT OF RIVERWAY VILLA AND RENDER THE PRELIMINARY PLAT AND APPEAL OF
THE EXTENSION OF TIME NIILL AND VOID. "
This order and motion was based on Finding No. 2, which incorrectlv states:
"2. On July 29, 1993, Spokane County Planning received a written request from the
appellant, Jim Reuter, to withdraw the preliminary plat of Riverway Villa. The
Hearing E.xaminer Committee, by accepting ihe withdrawal, renders the preliminary
plat and appeal of the extension of time null and void. "
The evidence within file PE-1414-81, including the withdrawal letters, indicates the
Preliminary Plat and PUD sponsors clearly intended to keep the project alive and, in fact,
only requested to wTTHDRAw TxE APPEAI. from the August 19, 1993, HEC hearing
agenda, since the issues with the conditions of approval had been administratively resolved
with the County Prosecutor's Office and Spokane County Planning administration. While
the August 23, 1993, Hearing Examiner Committee FIvDnvGS oF FAC'r, CONCLUSIONS
AvD ORDER could have been written more clearly, all references to withdrawal a 1'e
on]yto the apaeal and not the overall preliminary approvals.
14. This development and its approvals have exceeded its four (4) year grace period (the first 3
year expiration period and 1 additional year) where additional conditions cannot be applied
to the original approval, as provided in RCW 58.17.140, Ex'rElvsloNS. All time
extensions thereafter may have additional conditions of approval added or updated as each
subsequent time extension is granted. The upgrading of conditions allows Spokane
County to bring development approvals into compliance with present adopted policy and
regulations while addressing cunent conditions and resolving current problems or impacts.
15. The application for this time extension has been evaluated using the below adopted criteria.
These criteria are found in Chapter III, Section G of the Spokane County Subdivision
Ordinance and have been used as a basis for this time extension decision.
Section G states; Approval of a preliminary subdivision shall automatically expire three
years after preliminary approval is granted unless a time extension is applied for. " and
follows with "Upon application for time extension, the Planning Director or designee may
administratively approve extensions for up tv three (3) year periods provided at leust one of
the following circumstances is found to apply:
I . That some portion of the existing preliminary plat has been finalized since the last
extension was granted and the remaining lots would form a unified development
consistent with the original approval
RESPONSE: No portion of the site has been finalized or recorded as a final plat.
However, Phase 1(401ots in the southwest corner with a public sewer system and
excluding the commercial site) is presently being reviewed for Final Plat approval to be
recorded with the County Auditor.
2. That the preliminary plat as approved remains consistent with the Generalized
, Comprehensive Plan for Spokane County insofar as density and other development
provisions apply, and the sponsor has taken substantiat steps towards finatizing his
plat, which shall include but not be limited to:
June 14, 1995, Extension of Time File No. PE-1414-81 / Page 4
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
15. continued
2. continued
a. surveying the lots within the development,
b. arranging for public services to the site,
c. obtaining necessary financing for all or a portion of the preliminary plat,
d. the completion of studies or other requirements which were part of preliminary
plat approval.
RFSPONSE: Correspondence from North Idaho Engineering dated August 16, 1994,
, indicates that progress has been made towards finalizing the project. The progress is
summarized as:
a. Survey calculations of the entire first 37 (now 40) lot Final Plat Map have been
performed.
b. Public utilities to the site have been arranged.
c. Construction financing has been secured and is in place pending release of construction
permits by the Spokane County Engineering Department.
d. Sanitary Sewer Improvement Plans including lift station design have been submitted to
the Sgokane County Utilities Department.
f. The Final PUD Plan for the southerly 1!2 of Riverway Villa has been approved and the
northerly 1/2 has been submitted for administrative review and approval as provided for
in Chapter 14.704, Planned Unit Development (PUD) Overlay Zone of the Spokane
County Zoning Code.
g. The mitigation agreement with the Central Valley School District has been executed.
h. Landscaping plans for Indiana Avenue have been submitted.
i. The draft declaration of covenants, conditions and restrictions, articles of incorporation
and bylaws have been submitted.
j. Soils testing has been completed the results of which have been incorporated into the
redesign of street and storm drain plans.
Since the above August 16, 1994, letter, North Idaho Engineering and Inland Pacific
Engineering indicates that additional progress has been made:
1. The water plan for the first phase has been approved. The water system with fire
hydrants have been installed for the first phase. Consolidated Irrigation Water District
has accepted the water system and the contractor is has completed the pressure tests and
was in the process of flushing the system to pass health tests.
2. A dryline sewer system has been installed for the first phase.
3. Engineering design and plans have been prepared and submitted to WSDOT for boring
under the freeway. WSDOT has approved a boring permit.
4. Engineering design and plans have been prepared and submitted to WSDOT for Barker
& Freeway interchange right turn lane improvements. WSDOT has approved the I-90
eastbound right turn lane pernut.
5. Electric, cable and gas utilities have been installed for the first phase.
6. Street grading for the first phase is completed and "red top" surveyed and staked ready
for asphalt.
7. Curb forms have been partially installed along Indiana for the first phase. It was "red
top" surveyed and staked ready for asphalt.
8. A model home building permit was issued and was being constructed.
9. Redesign of the "preliminary plat" and "preliminary PUD" plans are complete.
3. That at the time preliminary approval was granted, development of the proposal was
conditioned upon the extension of public services which are not yet available. This
provision shall not apply to public utility extension which the project sponsor would
normally fund.
RESPONSE: This condition does not apply to the first 38 lots however the developer
has as indicated in the August 16, 1994, North Idaho Engineering letter that preparation of
plans and documents to facilitate future phases have been expedited, including public sewer
for the entire project.
16. Spokane County Planning does find that the applicant has taken significant steps to finalize
all phases of the preliminary plat of record pnor to the September 1, 1994, expiration of the
preceding time extension (6th extension). During this present time extension review period
additional progress has also been made as indicated in FIIVDIIVG 15. above. The present
owners have purchased the entire preliminary plat. The sewer system has been designed,
sized and partially installed to serve the entire preliminary plat, considerable engineering
has been accomplished and is currently underway for a major portion of the preliminary
plat and a redesign of the preliminary plat/PUD has been completed. Therefore the
applicant/owner has demonstrated sufficient progress to comply with the requirements of
Chapter III, Section G, of the Spokane County Subdivision Ordinance for extending the
expiration date of the preliminary approvals for three years.
_ ,
June 14, 1995, Extension of Time File No. PE-1414-81 / Page 5
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
17. Additional conditions for this time extension have been recommended by the various
reviewing agencies and departments, including Spokane County Planning, the County
Division of Engineering and Roads, the County Division of Utilities, the County Health
District the Counry Division of Buildings, the Washington State Department of
Transportation, Central Valley School District, the County Parks Department and Fire
District No. l. Said conditions shall be included in the appropriate sections of this decision
and shall not preclude previous conditions of approval for time extensions unless
specifically stated. If conditions conflict, the most current condition shall apply.
18. The Spokane County Parks Department has commented on the proposed Preliminary Plat
and PUD time extension pursuant a letter dated February 15, 1995. The Parks Department
has requested a voluntary agreement be completed between the Parks Department and the
property owner to mitigate impacts to the County Park system. A previous February 1,
1995, letter from Parks Director, Sam Angove, also indicates their desire to purchase 7.4
acres of the PUD open space adjacent the Centennial Trail at the north end of the project.
Counry legal counsel has indicated such agreements may be required. Spokane Counry
Planning recommends the property owner negotiate with the Spokane County Parks
Department to provide for appropriate capital facilities as required by the Revised Code of
Washington (RCW) 58.17.110. Approval of this time extension should include conditions
requiring that provisions for appropriate facilities be in place prior to recording this Final
Plat in the form of dedication of park land or a written agreement between the owner and
the Spokane County Parks Department. Note, property from this project along the
Spokane River was dedicated to Washington State Parks for the Centennial Trail.
19. The Central Valley School District No. 356 has commented on the proposed Preliminary
Plat and PUD time extension pursuant a letter dated February 21, 1995. The District has
indicated that existing school facilities are inadequate to serve the proposed Plat and PUD
and wishes to negotiate with the owner to provide adequate capital facilities as required by
the Revised Code of Washington (RCW) 58.17.110. Review by County legal counsel
indicates the condition requested by the School District can be required for developments.
Approval of this time extension should include conditions requiring that provisions for
appropriate facilities be in place prior to recording the Final Plat in the form of a written
agreement between the owner and the school district. Note, the school district indicates
there is an existing signed agreement. However, the request to add the standard condition
will assure that the existing and signed agreement will continue to be required and
maintained throughout the finalization of this project.
20. The following facts and conclusions are also relevant.
a. The applicanUowner should continue to show substantial progress toward ~
complying with Chapter III, Section G, of the Subdivision Ordinance before
requesting an additional extension of time for the remaining phases of the approved
Preliminary Plat / PUD which have not been filed.
b. By reference FNDIIVGS of all previous approvals are specifically incorporated herein
unless otherwise stated. An attempt to include all previous and applicable Spokane
County Planning CONDITTONS OF APPROVAL within this time extension has been
made by Spokane County Planning. Due to the complex nature of this file ~
omissions may have occurred. If further clarification is necessary regarding
previous conditions, the file record and documents continue to be the authority and I
shall be used to resolve such questions/deternunations.
c. A part of the northern portion of the approved preliminary plat of record fell under
the jurisdiction of the Washington State Shoreline Management Act, RCW 90.58,
and the Spokane County Shoreline Program, WAC 173-19-400. Creation of the
Washington State Centennial Trail along the Spokane River has removed portions
of the onginal site from Shoreline jurisdiction. Review of the Revised PUD site
plan for the northern portion of the preliminary plat shows the portions of the site
that is still within the Shorelines area, designated "Conservancy." About 15 of the
proposed lots are partly within this 200 foot shoreline boundary; however, each of
these lots has a building site that is outside the 200 foot boundary.
d. The site is located within an area of Spokane County which was removed from the
sewer exemption area on July 1, 1994 by the Washington State Health Board
pursuant to WAC 246-272-1 00. The site is also located within the Priority Sewer
Service Area (PSSA). Any future time extension requests may be affected by the
new exemption boundary; however, the project is to be served by public sewer.
21. The site is located within the Public Transit Benefit Area (PTBA). Route # 18, Broadway
Feeder, provides connecting service to the Valley Park and Ride lot located on University
Avenue and 4th Avenue.
June 14, 1995, Extension of Time File No. PE-1414-81 / Page 6
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
22. The Spokane County Arterial Road Plan identifies Barker Road as a PR.IlVCIPLE ARTERIAL
and Mission Avenue as a MIlVOR ARTERIAL. The existing roadway widths are inconsistent
with that specified in the adopted Arterial Road Plan. In order to implement the Plan the
County Engineer has requested a 5 foot reserve strip along Barker Road and a 10 foot
reserve strip along Mission Avenue to be designated as a Future Acquisition Area.
Preliminary plat approval also required dedication of an additional 15 feet of right-of-way
on Barker Avenue and dedication of 10 feet on Mission Road. Sidewalks are required
along these arterial roads fronting and within the plat.
The Washington State Department of Transportation has recommended conditions to
mitigate impacts to the Barker Road aad Interstate-90 interchange. Those recommendations
have been incorporated into this decision.
The Spokane County Engineering Department has met with the developers representative
and reached an agreementlunderstanding with regards to phasing and development related
improvements to Barker Road and Mission Avenue. That understanding and cond.itions
thereof have been incorporated into the Engineer's conditions as set forth in this document.
23. The proposed plat will be served by a public water system. Waste water disposal will be as
authorized by the Director of Utilities, which involves an approved public sewer system
with pressurized lines to the sewer trunkline south of Interstate 90.
24. Recognizing the conditions of approval and Spokane County development standards,
appropriate provisions have been made to ensure the public health, safety and general
welfare and that the public use and interest will be served by plating the proposed
subdivision as conditioned.
The subdivision proposal is generally consistent with RCW 58.17 and the County
subd.ivision regulations, promoting the public health, safety and general welfare in
accordance with standards established by the state and Spokane County. Spokane County
Planning has considered the provision of public facilities cited in RCW 58.17.110 (2).
More specifically:
a. open spaces
b. drainage ways
c. public andlor private rights-of-way
d. transit
e. potable water
f. sanitary waste disposal
g. parks and recreation facilities
h . playgrounds
i. schools and school grounds
j . sidewalks
25. The delay in issuing this time extension is the result of (1) change of project sponsors, (2)
change of project engineers, (3) resignation of County planner assigned to this project (4)
an extensive review of the large thirteen year old file, (5) the physical reorganization of the
file (6) two reorganizations of planners within Spokane County Planning and (7) sponsor
proposed redesign of the preliminary p1atIPUD. The review revealed considerable
confusion regarding the file organization and content of the file and a need to clarify the
record, as indicated in the above findings.
26. The applicant has requested to call the development by the name "RNERWALK" and will
record all subdivisions by variations of this new name. This was administratively
approved.
27. May 19, 1995, the applicant submitted a"Revise Preliminary Plat and Preliminary Site
develo pment Plan (PUD) of RrvERwAi.x" for the entire pro ject. This submittal h av e bee n
progosed by the applicant to improve the design of the site plan (ie, eliminate double
fronting lots, consolidate ope❑ areas, other) and has been circulated for agency review and
comments. The proposed Final Plat Phase 1 area of the 1983 (S 1/2) Final PUD site plan
has not changed.
NOTE: To clarify the original application (see 1982 Zone Change Map 1:400 Assessor Map
stamped by L.S. Patrick Moore) and the present applicant's intent, Inland Pacific
Engineering submitted a May 25, 1995, letter with documents requesting to:
(1) eliminate the commercial lot from the "preliminary PUD" and
(2) remove that portion of the original 1981 property from the "Preliminary Plat of
Record" and the "Preliminary PUD" that was transferred to Washington State Parks
Department for the Centennial Trail, Auditor No.9112090116 dated Dec. 9, 1991.
,
. ' June 14, 1995, Extension of Time File No. PE-141481 / Page 7
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
28. The May 19, 1995, "Revise Preliminary Plat and Preliminary Site development Plan (PUD)
Of RNERWALK" was found to be in substantial conformance to the original approvals
described in 3. and 7. above and this revised plan has been administratively approved.
Because all but the Phase 1 of the Preliminary Plat, the Final Sl/2 PUD and the N1/2
Preliminary PUD has been revised, a"Final PUD Site Development Plan" will need to be
submitted and must be approved for compliance with the "Revised Preliminary PUD" for
the area of the proposed Final Plat prior to each Fina1 Plat being recorded. This will allow
for flexibility in determining the specific and detailed design of each Final PUD of each
final plat at that time, for that market and pursuant the then existing development standards.
Each Final PUD site development plan will need to substantially conform with the
"preliminary PUD" and specifically conform with the PUD Overlay Zone standards in
affect at the time.
29. The May 19, 1995, "Revise Preliminary Plat and Preliminary Site development Plan (PUD)
of RIVERWALK" shows the applicants present development phases; however, these phase
boundaries may need to be modified as the economy, market and other variables change.
DECISION
BASED UPON THE ABOVE Findings of Fact and Conclusions, a three year extension of time
request for PE-1414-81 / PUDE-1-82 / ZE-92-81, "RNERWALK" (previously "Riverway Villa)
an approved Preliminary Plat, Preliminary Planned Unit Development and zone reclassification is
hereby APPROVED until July 1, 1998.
The May 19, 1995, "Revise Preliminary Plat and Preliminary Site development Plan (PUD) of
RIVERWALK" is also hereby APPROVED as the official preliminary plat of record and as the
preliminary planned unit development plan.
~
CONDITIONS UF APPROVAL
All pervious conditions of approval shall continue to apply, as applicable, except as specifically
amended.
SPOKANE COUNTY PLANNING
1. All conditions imposed by the Hearing Examiner Committee and all time extension
conditions, as amended or updated, shall be binding on the "Applicant." The term
"applicant" shall include the owner or owners of the property, heirs, assigns and
successors.
2. This time extension is approved for three (3) years until July 1, 1998. The applicant
may request another extension of time approximately forty-five (45) days prior to the above
expiration date.
3. Additional Extensions of Time shall nQt be granted unless substantial compliance with
Chapter III, Section G, of the Subdivision Ordinance is demonstrated by the applicant;
otherwise the preliminary subd.ivision and the preliminary planned unit development
approval will become null and void.
4. (Amend 8/5/93 Planning Condition #3. and #4.)
The "Revised Preliminary Plat and Preliminary Site Development Plan (PUD) of
RNERWALK" stamped "Received May 19, 1995," has been administratively approved and
shall be the official preliminary plat of record and shall be the preliminary planned unit
development. This May 19, 1995 revised plan includes 9.11 acres for a proposed
commercial lot and 107.3 acres for a proposed planned unit development (PUD), being a
total of 116.41 acres (see said plan map). The PUD proposes 365 single family lots. At
the time of each Final PUD site development plan and Final Plat is submitted for each phase
they shall comply with all development standards for the approved zone classifications,
including the Planned Unit Development Overlay Zone, a11 as amended. (see 9. below)
Note, at this point in time, no part of the preliminary p1atIPUD have been finalized since the
original 1982 approval.
5. (Amend 8/5/93 Planning Condition #34.)
The above May 19, 1995 revised plan shows developrnent phases. These phases may be
administratively amended if the various agencies find that each proposed phase will provide
proper traffic circulation, provide adequate emergency vehicle access, meet necessary
utilities design andlor utility circulation requirements, and provide for the public health and
safety.
June 14, 1995, Extension of Time File No. PE-1414-8 l/ Page 8
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
6. (Amend 8/5/93 Planning Condition #3.)
The "Revised Preliminary Plat and Preliminary Site Development Plan (PUD) of
RIVERWALK" stamped "Received May 19, 1995," now replaces:
( 1) the "Preliminary Plat of Record" map dated November 12, 1981, as approved by the
Spokane County Hearing Examiner Committee in the Findings of Fact, Conclusions, and
Decision dated Apri12, 1982, which consisted of 365 manufactured home lots and 1
commercial parcel and
(2) the "Revised Preliminary Plat of Record" map dated March 15, 1983, as approved by
the Spokane County Hearing Examiner Committee in the Findings of Fact, Conclusions,
and Decision dated April 14, 1983, which was a redesign of the 50.2 acre South portion
(S 1r2) with 1781ots, excluding the commercial parcel. This S 1l2 also being the Final PUD
Site Development Plan approved by the Hearing Examiner Committee in the Findings of
Fact, Conclusions, and Decision dated April 14, 1983, is now NULL and vOID and is
replaced with the above May 19, 1995, preliminary p1aVPUD. Note, since the final plat
for Phase 1 was submitted before the decision to approve the May 19, 1995, Revised Plan,
Phase 1may be finalized under the provisions of the April 14, 1983, Final PUD, S 112.
7. (Amend 8/5/93 Planning Condition #3.)
A"Final PUD Site Development Plan" must be submitted and approved for at least the area
of each proposed final plat prior to recording any Final Plat, other than Phase 1. This
includes the S 1/2 of RIVERwAL,K (previously Riverway Villa). Each Final PUD" must
substantially conform to the above May 19, 1995, revised preliminary plat/PUD and comply
with the applicable development standazds existing at the time of submittal.
8. (Amend 8/5/93 Planning Condition #4. and 6.)
The approved zone change, ZE-92-81, shall be amended pursuant the PROGRAM TO
IMPLEMENT. The project area approved for the old approved Residential Mobil Home
(RMH) Zone with the old PUD Overlay Zone shall be substituted with the present Urban
Residential-7 (UR-7) Zone and the present PUD Overlay Zone. The project area approved
for old Commercial (C) Zone shall be substituted with the present Community Business
(B-2) Zone. The existing UR-3.5 Zone shall be reclassified as each phase of the
development is recorded as a Final Plat with the County Auditor. The reclassifications
shall be consistent with the proposed zoning approved with the preliminary plat of record,
as amended by the PROGRAM TO IMPLEMENT.
9. (Amend 8/5/93 Planning Condition #7 and #11.)
The final plat(s) shall be designed substantially in conformance with the above "Revised
Preliminary Plat of Record date stamped May 19, 1995." No increase of densiry or
number of lots shall occur without a change of condition application submittal and
approval. Each Final Plat shall comply with the current development standards of the
Urban Residential-7 (UR-7) Zone and the Planned Unit Development (PUD) Overlay
Zone, as each may be amended. The proposed commercial parcel shall comply with the
current development standards of the Communiry Business (B-2) Zone, as amended. The
entire site shall also comply with the Aquifer Sensitive Area (ASA) overlay zone.
10. The Planning Director/designee shall review any proposed final plat and final Planned Unit
Development Plan to ensure compliance with these Findings and Conditions of Approval.
11. (Amend 8/5/93 Planning Condition #5.)
Prior to recording a final plat which includes the commercial parcel, Spokane County shall:
a. insure that the commercial site is in compliance with the development standards of the
Spokane County Zoning Code, as amended,
b. insure that the commercial site is in compliance with the development standards of the
Spokane County Road Standards, as amended, and
d. insure that commercial uses do not exceed those of "neighborhood" and "local
serving" type retail or service(s).
12. (Amend 8/5/93 Planning Condition #5.)
Prior to issuing any building germits on the commercial parcel, a specific site development
plan (all or part) shall be submitted to Spokane County. The specific site development plan
will be circulated for comments from appropriate agencies to determine compliance with
current regulations and for substantial compliance with the approved May 19, 1995,
revised Plan and the conditions of approval.
13. A final plat name/number shall be proposed before the final plat is filed, such name/number
to be approved by the Planning Director/designee.
14. Prior to filing of the final plat, the appropriate street address(es) shall be indicated.
15. Appropriate road name(s) shall be indicated.
~
June 14, 1995, Extension of Time File No. PE-1414-81 / Page 9
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
16. The final plat map shall indicate by a clear, dashed line the required yard setbacks from all
private, "Tract X" or public roads. The dedication shall contain the following statement:
Side yard and rear yard setbacks shall be determined at the time building permits are
requested unless these setbacks are specifrcally drafted on this final plat. The setbacks
indicated on this plat may be varied from if proper zoning approvals are obtained.
17. The final plat shall indicate yard setback arc lengths on cul-de-sac lots which meet or
exceed the minimum frontage of the underlying zone of the final plat.
18. Appropriate utility easements shall be indicated on copies of the proposed final plat.
Written approval of utility easements by appropriate utility companies shall be received with
the submittal of the final plat.
19. Three (3) current certificates of title shall be furnished to Spokane County Planning prior to
filing the final plat.
20. Prior to filing of all or a portion of the final plat, the applicant's surveyor shall submit one
or more maps outlined in red of the area being finalized. The scale shall match the
appropriate assessor's map scale.
21. Spokane County Planning shall prepare and record with the County Auditor a TITi.E
NoTICE specifying a future land acquisition area for road right-of-way and utilities. The
reserved future acquisition area Title Notice may be released, in full or in part, only by
Spokane County Planning. The notice should be recorded within the same time frame as
the recording of the Final Plat and shall provide the following, if applicable:
a. At least 10 feet along Mission Avenue and 5 feet along Barker Road shall be
designated as reserved future acquisition area for road right-of-way and utilities, in
addition to the existing and/or newly dedicated right-of-way along Mission Avenue
and Barker Road. NOTE: The County Engineer has required 10 feet of dedication
along Mission Avenue and 15 feet of dedication along Barker Road.
b. Future building and other setbacks required by the Spokane County Zoning Code
shall be measured from the reserved future acquisition area.
c. No required landscaping, parking, '208' areas, drainfield or allowed signs should be
located within the future acquisition area for road right-of-way and utilities. If any of
the above improvements are made within this area, they shall be relocated at the
applicant's expense when roadway improvements are made.
d. The future acquisition area, until acquired, shall be private property and may be used
as allowed in the zone, except that any improvements (such as landscaping, parking,
surface drainage, drainfield, signs or others) shall be considered interim uses.
e. The property owner shall be responsible for relocating such "interim" improvements
at the time Spokane County makes roadway improvements after acquiring said future
acquisition area.
22. Spokane County Planning shall prepare and record with the Spokane County Auditor a
TITLE NOTICE noting that the property in question is subject to a variety of special
conditions imposed as a result of approval of a land use action. This TITI.E NOTICE shall
serve as public notice of the conditions of approval affecting the property in question. The
notice should be recorded within the same tune frame as the recording of the Final Plat and
shall only be released, in full or in part, by Spokane County Planning. The Title Notice
shall generally provide as follows:
The parcel of properry legally described as ( J is the subject of a land
use action by a Spokane County Hearing Body or Administrative Official on
imposing a variety of special development conditions. File No. j J is
available for inspection und copying in Spokane Counry Planning.
23. The plat dedication shall contain the following statement for those lots located on a
temporary cul de sac/stub road:
Lot(s) , Block(s) are located on a temporary cul-de-sac/stub
road. This temporary cul-de-sac/stub road may be extended to provide access to adjacent
property and/or connect to existing rnads or new roads as development and/or circulation
need.s dictate.
24. A plan for water facilities adequate for domestic service and fire protection shall be
approved by the water purveyor, appropriate fire protection district, County Building &
Safety Deparcment and County Health District. The agencies will certify on the Water Plan,
prior to the filing of a final plat, that the plan is in conformance with their respective needs
and regulations. The Water Plan and certification shall be drafted on a transparency
suitable for reproduction and be signed by the plat sponsor.
-
June 14, 1995, Extension of Time File No. PE-1414-81 / Page 10
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
25. The water purveyor shall certify that appropriate contractual arrangements and schedule of
improvements have been made with the plat sponsor for construction of the water system in
accordance with the approved Water Plan. The time schedule shall provide for completion
of the water system and inspection by the appropriate health authorities prior to application
for building permits within the final plat. The arrangements or agreements shall include a
provision holding Spokane County and the purveyor hanriless from claims by any lot
purchaser refused a building permit due to the failure of the subdivision sponsor to
satisfactorily complete the approved water system.
26. The final plat dedication shall contain the following statement:
The public water system, pursuant to the Water Plan approved by county and state health
authorities, the local fire protection district, County Building & Safety Department and
water purveyor, shall be installed within this subdivision; and the applicant shall provide
for individual domestic water service as well as fire protection to each lot prior to sale of
each lot and prior to issuance of a building permit for each lot.
27. No building pernut will be issued for any lot within the final plat until certified by a
Washington state-licensed engineer that "the water system has been installed pursuant to the
approved Water Plan for the final plat, " including a signed license stamp. The certification
may be in the form of a letter, but is preferred to be certified on a copy of the Water Plan as
a schematic map showing the "as-built" water system.
28. The Water Plan and the above cond.itions of approval regarding the Water Plan may be
waived by the Planning Director/designee upon receipt of letters from the appropriate water
purveyor and fire protection district stating that simple connections to an existing, approved
water system will provide adequate domestic and fire protection water to ensure the public
health, safety and general welfare.
29. A survey is required prior to the filing of a final plat.
30. Approval is required by the Planning Director/designee of a specific lighting and signing ~
plan for the described property prior to the release of any building pernuts.
31. Direct light from any exterior area lighting fixture shall not extend over the property
boundary.
32. A specific landscape plan, planting schedule and provisions for maintenance acceptable to
the Planning Director/designee shall be submitted with a performance bond for the project
prior to release of building pernuts. Landscaping shall be installed and maintained so that
sight distance at access points is not obscured or impaired.
33. (Amend 8/5/93 Planning Condition #29.)
The Fina1 PUD site development plan shall indicate all exterior boundary setbacks, as well
as setbacks from roadways and individual lot lines.
34. A copy of the homeowners/property owners' association articles of incorporation and/or
bylaws and/or covenants and restrictions, together with any other provisions for
maintenance of common areas and facilities, shall be submitted for review and approval to
Spokane County Planning prior to finalizing.
35. The Owner shall negotiate with the Central Valley School District and the Spokane County
Parks Department and submit a recorded copy of the agreement making provisions for
public schools and parks prior to finalization and recording of this plat. The agreement
shall provide a written description of the subject property to which the agreement applies
and also state the dollar amount and any other agreed to mitigating measure(s).
The 4wner shall also notify any potential purchasers who have made an agreement to
purchase property within said plat pursuant to the Revised Code of Washington
(58.17.205), that appropriate provisions for school facilities and public parks must be
made conditioned on a future agreement between the applicanUsponsor, school district, and
County Parks Department.
Voluntary agreements between the Owner and School District and Spokane County Parks
Department shall conform to the requirements of the Revised Code of Washington Chapter
82.02.
36. The owner/applicant shall coordinate with the local Fire District and the Fire Marshall to
insure that adequate access is provided for emergency services, prior to submitting each
Final Plat phase.
37. Each final plat dedication shall make reference to the Home Owners Association agreements
as a notice to potential lot purchaser of the responsibilities of lot ownership within the
subdivision.
,
June 14, 1995, Extension of Time File No. PE-1414-81 / Page 11
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
38. The lots or common open space shown on the May 19, 1995, Revised Preliminary Plat that
are within the 240 foot Shoreline boundary are required to comply with the Spokane
County Shoreline Program regulation. The Final Plat shall show the 204 foot shoreline
boundary. Each lot which includes the 200 foot boundary must have a buildable site that
meets all required setbacks (both zoning and shorelines) before it is recorded as a Final
Plat. Notes (at least 2) shall be placed on the Final Plan drawing near the affected lots and
common open space which state: The property with the 200foot Shoreline boundary has
legal limitations on the use of this land pursuant vegetation and building of structures,
including fences.
39. If a Final Plat is recorded with any lot partially within the 200 foot boundary of the
Shoreline, a TIME NoTiCE shall be recorded by Spokane County Planning immediately
after recording the Final Plat with the County Auditor. The TITi,E NOTICE shall include a
statement similar to: Any lot s property or common open space property within the 200
foot shoreline boundary have timitations on building structures (including fences) and
changing the natural vegetation pursuani ihe SPOKANE CDUNTY SHORELINE PR4GRAM
regulations.
40. After the commercia] parcel is granted B-2 Zoning with the recording of a Final Plat, the
applicant/owner should make application for a Binding Side Plan to allow for timely
division and sale of portions of the commercial site after a Final Binding Site Plan is
recorded.
SPOKANE COUNTY DIVISION OF ENGINEERING AND R4ADS
Prior To IsWance Of A Building PeUnit Or Use Of De Propirty As Provosed:
1. All previously imposed conditions are still applicable.
2. The County Arterial Road Plan identifies Barker Road as a PRINCIPLE Arterial and Mission
Avenue as a MINOR Arterial. The existing right-of-way widths are not consistent with
those specified in the Plan. In order to implement the Arterial Road Plan, in addition to the
required right-of-way dedication, a strip of property 5 feet in width along Barker Road and
10 feet in width along Mission Avenue shall be set aside in reserve. This property may be
acquired by Spokane County at the time when arterial improvements are made to Barker
Road and Mission Avenue.
3. As per the original conditions of approval:
"A traffic analysis of each phase will be required of the developer and reviewed by
Spokane County prior to plat f nalization. This analysis will be coordinated with the State
of Washington Department of Transportation. A traffic analysis for each phase will serve
as a basis for the evaluation of the need for traffic control devices at Barker Road and
Mission Avenue. Should the analysis determine a need for intersection upgrading, the
developer will be assessed a proportionate share for the required improvements.
4. Prior to any plat checking of Riverway Villa for phased finalization of the plat the
aforementioned analysis shall be completed.
5. Intersection and road improvements shall be constructed and phased as follows predicated
on an agreement reached on or about August 4, 1994, between North Idaho Engineering
and the Spokane County Engineer.
Barker Road:
Phase I: Construct Barker/Indiana intersection (Barker Road to be a 5-lane section per
the County's Special section for Barker Road). Provide accelerationldeceleration lanes
(siZed per WSDOT Design manual), as well as inbound and outbound tapers.
Phase II; Construct Barker Road north to the Spokane River, and south to Mission
Avenue, unless built out sooner as part of Phase VI.
Ebase VI: Construct Barker Road north to the Spokane River, and south to Mission
Avenue, unless buiIt out sooner as part of Phase II.
-Mission Avenue:
Phase I: Construct Mission/Clark Fork (Harmony Lane) intersection.. Construct north
side of Mission Avenue {per the Counry's Special Section for Mission Avenue} from
Clark Fork (Harmony Lane) to Barker. Provide inbound taper to CIark Fork
(Harmony Lane) intersection.
Phase III: Construct Mission/Potomac and Mission/Yukon intersections. Construct
north side of Mission Avenue (per the County's Special Section for Mission Avenue)
along the Mission Avenue frontage from the easterly plat boundary to Mission/Clark
Fork (Harmony Lane). Frovide inbound taper to the widened Mission/Yukon
intersection from east of the easterly plat boundary.
June 14, 1995, Extension of Time File No. PE-1414-81 / Page 12
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
6. Conditions of Approval require that Barker Road and Mission Avenue improvements
adjacent to Phase VI are to be completed prior to issuance of a building pernut for any
projects on that parcel.
7. The aforementioned phasing is a minimum development program. Changes to this
construction schedule may be implemented pending completion of the Traffic Impact
Analysis for each phase of the development.
8. Engineers Condition #21 of Apri12, 1982 Hearing Examiner Comrnittee Findings and
Order required that a strip of property 15 feet in width along Barker Road be dedicated
from Mission Avenue to the Spokane River. Since a portion of this strip is not controlled
by the applicant this requirement for dedication is not applicable. Right-of-way along
Barker Road within the original approved plat shall be dedicated at the time of final plat
approval or vesting of any commercial rezone. Improvements to Barker Road from the
Spokane River bridge on Barker to Mission Ave shall still be required with the existing
right-of-way per a phasing plan to be agreed to by the developer and approved by the
County Engineer.
9. Regarding the May 19, 1995, redesign Plan the following condition shall apply:
(1) Temporary cul-de-sacs shall be constructed at the terminus of Ind.iana Avenue, Tippi
Canoe Lane cannot be used as a public road turn-around and all other streets that provide
access to more than one lot shall also provide an acceptable turn-around.
(2) Improvements to proposed roadways shall be as outlined in the approved conditions of
approval or as amended by the overall traffic analysis currently being completed.
SPOKANE COUNTY DIVISION OF UTILITIES
1. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
2. The dedication shall state: The Owner(s) or Successor(s) in interest agree to authorize the
County to place their name(s) on a petition for the formation of a ULID by petition method
pursuant to RCW 365.94 which the petition includes the Owner(s) property and further not
to object by signing of a protest petition against the formation of a ULID by resolution
method pursuant to RCW 36.94 which includes the Owner(s) property. Provided, this
condition shall not prohibit the Owner(s) or Successor(s) from objection to any
assessment(s) on the property as a result of improvements called for in conjunction with the
formation of a ULID by either petition or resolution under RCW 36.94.
3. Applicant will make connection to Public Sewer System. Sewer Connection Permit is
required.
4. Plans and specifications for the public facilities are to be reviewed and approved by the
Utilities Department. Spokane County plan submittal requirements apply.
5. The dedication shall state:
The owner(s) or successor(s) in interest agree to authorize the County to place their
name(s) on a petition for the formation of ULID by petition method pursuant to RCW
36.94, which petition includes the owner(s)' property; and further not to object by the
signing of a protest petition against the formation of a ULID by resolution method pursuant
to RCW Chapter 36.94 which includes the owner(s)' property. PRQVIDED, this
condition shall not prohibit the owner(s) or successor(s) from objecting to any
assessment(s) on the property as a result of improvements called for in conjunction with the
formation of a ULID by either petition or resolution method under RCW Chapter 36.94.
6. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
7. Applicant shall make connection to public sewer system. Sewer connection pernut is
required. Plans and specifications are to be reviewed and approved by the Utilities
Department.
SPOKANE COUNTY HEALTH DISTRICT
1. A statement shall be placed in the dedication to the effect that: "A public sewer system will
be made available for the plat and individual service will be provided to each lot prior to
sale. Use of individual on-site sewage disposal systems shall not be authorized. "
2. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
June 14, 1995, Extension of Time File No. PE-1414-81 / Page 13
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
3. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by Spokane County Planning to the utility companies, Spokane County
Engineer and the Spokane County Health District. Written approval of the easements by
the utility companies must be received prior to the submittal of the final plat.
4. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
5. Water service shall be coordinated through the Director of Utilities, Spokane County.
6. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
7. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane
County Health District that an adequate and potable water supply is available to each lot of
the plat.
8. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
9. A plan for water facilities adequate for domestic use, domestic irrigation use and fire
protection use shall be approved by the water purveyor. Said water plan must have been
approved by the fire protection district and the appropriate health authorities. The health
authorities, water supplier (purveyor) and the fire protection district will certify, prior to the
filing of the final plat, on the face of said water plan that the plan is in conformance with
their requirements and will adequately satisfy their respective needs. Said water plan and
certification will be drafted on a transparency suitable for reproduction.
10. 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 arrangements will include a provision holding Spokane County/City of
Spokane, Spokane County Health District and the purveyor harmless from claims by any
lot/tract purchaser refused a building pernut due to failure of the plat sponsor to
satisfactorily complete the approved water system.
11. The dedicatory language on the plat shall state:
Use of private wells and water systems is prohibited.
12. The final plat dedication shall contain the following statement:
The public water system, pursttant to the water plan approvecl by county and state health
authorities, the local fire protection district, Counry Building and Safety Department, and
water purveyvr, shall be instulled within this subdivision and the applicant shall provide for
individual domestic water service as well as fcre protection to each lot/tract prior to sale of
each lotltrcu-t and prior to issccance of a building permit for each tract.
SPOKANE COUNTY DIVISION OF BUILDINGS
1. The applicant shall contact the Division of Buildings at the earliest possible stage in order to
be informed of code requirements administered/enforced as authorized by the State
Building Code Act. Design/development concerns include: ADDRESSING, FIRE
APPARATUS ACCESS ROADS; FIRE HYDRANT/FLOW; APPROVED WATER SYSTEMS;
BUILDING ACCESSIBILITY; CONSTRUCTION TYPE; OCCUPANCY CLASSIFICATION;
EXTITNG; EXTERIOR vVALL PROTECTION; AND ENERGY CODE REGULATIONS. (Note: The
Division of Buildings reserves the right to confinn ihe actual address at the time of building
permit.)
WASHINGTON STATE DEPARTMENT OF TRANSPURTATION
PRIOR TO APPROVAL OF ANY FINAL PLAT:
1. A traffic analysis shall be prepared for the Barker Road interchange and shall contain the
following elements:
a. Site Map (illustrating the complete circulation system)
b. Vicinity Map(s) (illustrating traffic distribution)
c. Existing Transportation Conditions
1. Existing average daily traffic
2. Existing AM and PM peak hour level of service
3. Existing AM and PM peak hour turning movements
_ ~
June 14, 1995, Extension of Time File No. PE-1414-51 / Page 14
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
1. continued
d. Projected Transportation Conditions with this Development
1. Projected Average Daily Traffic
2. Projected AM and PM peak hour level of service
3. Projected AM and PM peak hour turning movements
e. Recommended mitigating measures
1 Mitigating measures sufficient to maintain existing Level of Service "D"
2. If the existing Level of Service "D" cannot be maintained a justification should
be included
NOTE: The ITE (Institute of Transportation Engineers) Trip Generation Manual (Sth Edition)
shall be used as a basis to compute trip generation rates of the proposed developments.
2. That the applicant agree to fund and construct the necessary mitigating measures as outlined
in the above traffic study. These mitigating measures must be approved by both WSDOT
and Spokane County Engineers prior to the issuance of any building permits for this
property.
3. Due to the trip generation potential, any further development other than what is proposed
will require further review by WSDOT to assure additional trips are safely accommodated.
COUNTY PARKS DEPARTMENT
1. To satisfy the requirements of RCW-58-17-110 that a subdivision make appropriate
provisions for public parks, recreation and playgrounds, the owner, at his/her option, shall
either dedicate land within the subdivision or enter into a voluntary agreement with Spokane
County to mitigate the direct impacts that the subdivision has on public parks, open spaces and
recreational facilities within the unincorporated areas of Spokane County.
If the owner opts to enter into a voluntary agreement, the agreement shall be executed prior to
the finalization and recording of the plat and recorded in conjunction therewith. the agreement
shall be consistent with RCW 82.02.020 an substantially the same as the standardized
agreement prepared by the Spokane County Parks, Recreation and Fair Department. Prior to
finalization of the plat, the owner shall advise any purchaser of property, as authorized under
RCW 58.17.205, of the obligations within the voluntary agreement. Additionally, the owner
shall submit a recorded copy of said voluntary agreement to Spokane County Planning prior to
finalization.
DATED THIS DAY OF
John Nunnery, Senior Planner
Under State Law and County Ordinance, you have the right to appeal this decision to the Spokane
County Hearing Examiner Committee. Upon receipt of an appeal, a public hearing will be
scheduled. If you desire to file such an appeal, you must submit a letter along with the appropriate
appeal fee, payable to the Spokane County Treasurer, within ten (10) calendar days from the date
this decision is signed.
,
June 14, 1995, Extension of Time File No. PE-1414-81 / Page 15
and a Revised Preliminary Plat / PUD PUDE-1-82 / ZE-92-81
If you have any questions, please call the Spokane County Planning at 456-2205.
pc: County Division of Engineering and Roads
Washington State Department of Transportation
County Division of Utilities
County Health District
County Division of Buildings
County Division of Parks, Recreation and Fair
Central Valley School District
Fire District 1
Welco Group Inc, 1220 116th Ave, NE, Bellevue Wa 98004
North Idaho Engineering, W 4200 Seltice Way, Cceur D'Alene, ID, 83814
Consolidated Irrigation District
Richard Mason, IPEC, 707 W. 7th, Ste 200, Spokane Wa 99204
~
P1414 - RIVERWAY VILLA (RIVERWALR)
CHRONOLOGY & DELAY ANALYSIS
DgLAY BY
DAT$ ACTION County Dev'r
2 Apr 82 Plat approved; Engineer Condition
#24 requires that a traffic analysis
of each phase is to be submitted to
Spokane County for review, and to be
coordinated with WSDOT, prior to each
plat finalization
4 Mar 93 Time extension #5 (requested by
North Idaho Engineering) is denied;
appeal filed
11 May 93 Road & Drainage Plans #1 IN
24 May 93 Reconsideration of time extension
denial; time extension granted to
1 Jun 94. Engineer Condition #3
restates original requirement for
traffic analysis; Engineer Condition
#4 requires completion of the traffic
analysis prior to any plat checking.
WSDOT condition defines traffic
analysis elements
107
25 Aug 93 Review #1 started; cursory review
to identify major problem areas,
and to help NIE develop a plan ~
submittal that is more likely to
meet SCRS requirements when the
next submittal (anticipated after
the required traffic analysis)
is turned in
1
26 Aug 93 Review #1 COMPLETED - numerous
repetitive deficiencies; comments
out to Engr. NIE advised of the
requirement for a completed Traffic
Impact Analysis (TIA)
259
19 Apr 94 Road & Drainage Plans #2 IN
35
24 May 94 County discovers change in
ownership (Clardy to We1Co),
new Fee Agreement mailed to NIE
13
6 Jun 94 Fee Agreement signed by new owner
received
,
P1414 - RIVSRWAY VILLA (RIVERWALK)
CHRONOLOGY & DELAY ANALYSIS
Page 2
DELAY BY
DATE ACTION County Dev'r
2
8 Jun 94 Review #2 started; majority of
comments from Review #1 not addressed;
8 additional pages of comments based '
on revised plans
7
15 Jun 94 Review #2 COMPLETED; NIFs notified
that review is complete, and that
comments will be released upon
completion of TIA
14
29 Jun 94 Letter from NIE alleging delays
8
6 Jul 94 Letter to NIE & Dev'r refuting
allegations
20
26 Jul 94 Meeting with NIE, Dev'r, WSDOT to
discuss TIA mitigation at Barker/I-90.
Comments from Review #2 released
4-10 Aug 94 Meetings with NIE to work out phased
build-outs of Barker, Mission
36
31 Aug 94 Road & Drainage Plans #3 IN I
47
17 Oct 94 Review #3 started; some comments
from Review #1 & Review #2 not
addressed; 10 additional pages of
comments based on revised plans
3
20 Oct 94 Review #3 COMPLETED
42
12 Dec 94 Road & Drainage Plans #4 IN
34
16 Jan 95 Review #4 started. Called NIE
about overdue account; County
will continue the review, but
will hold comments until account
is current
2
18 Jan 95 Review reveals fatal flaws in
drainage design; review halted.
NIE notified: to meet 24 Jan 95
24 Jan 95 Meeting with NIE to review fatal
flaws in drainage design;
Submittal #4 returned
P1414 - RIVERWAY VILLA (RIVERWALK)
CHRONOLOGY & DELAY ANALYSIS
Page 3
DELAY BY
DAT$ ACTION County Dev'r
32
25 Feb 95 Road & Drainage Plans #5 IN
12
9 Mar 95 Review started. Called Dev'r
about overdue account - County will
review, but will hold comments until ~
account is current
14 Mar 95 Overdue account paid
22 Mar 95 IPEC receives forms for Developer's
Agreement and surety from WSDOT
33
11 Apr 95 Review #5 COMPLETED; some comments
from ist and 2nd reviews still not
resolved; many comments from 3rd
review not addressed.
11 pages of new comments based on
revised plans in this submittal
15 May 95 Developer's Agreement and surety
for Phase 1 mitigation submitted
to WSDOT (76 days after receipt
f rom WSDOT )
48
30 May 95 Pending Submittal #6
246* 467
*Traffic Impact Analysis essentially completed 15 May 95
(Developer submitted signed Developer's Agreement and surety to
WSDOT on 15 May 95; pending WSDOT Headquarters approval).
Findings & Conditions (Engineers #24) 2 Apr 82, requires TIA
coordination with WSDOT for each phase; Engineers #4, 24 May 93,
requires that the TIA be completed prior to any plat checking.
P1414 - RIVSRWAY VILLA (RIVERWALK) ~
CBRONOLOGY & D$LAY ANALYSIS
DLLAY BY
DAT$ ACTION County Dev'r
2 Apr 82 Plat approved; Engineer Condition
#24 requires that a traffic analysis
of each phase is to be submitted to
Spokane County for review, and to be
coordinated with WSDOT, prior to each
plat finalization
4 Mar 93 Time extension #5 (requested by
North Idaho Engineering) is denied;
appeal filed
11 May 93 Road & Drainage Plans #1 IN
24 May 93 Reconsideration of time extension
denial; time extension granted to
1 Jun 94. £ngineer Condition #3
restates original requirement for
traffic analysis; Engineer Condition
#4 requires completion of the traff ic
analysis prior to any plat checking.
WSDOT condition def ines traf f ic
analysis elements
I
25 Aug 93 Review #1 started; cursory review 107
to identify major problem areas,
and to help NIE develop a plan
submittal that is more likely to
meet SCRS requirements when the
next submittal (anticipated after
the required traffic analysis)
is turned in
1
26 Aug 93 Review #1 COMPLETED - numerous
repetitive deficiencies; comments
out to Engr. NIE advised of the
requirement for a completed Traffic
Impact Analysis (TIA)
259
19 Apr 94 Road & Drainage Plans #2 IN
35
24 May 94 County discovers change in
ownership (Clardy to WelCo),
new Fee Agreement mailed to NIfi
13
6 Jun 94 Fee Agreement signed by new owner
received
.
r ~
P1414 - RIVERWAY VILLA (RIVFsRWALR)
C$RONOLOGY & DELAY ANALYSIS
Page 2
DFsLAY BY
DAT$ ACTION County Dev'r
2
8 Jun 94 Review #2 started; majority of
comments from Review #1 not addressed;
8 additional pages of comments based
on revised plans
7
15 Jun 94 Review #2 COMPLET$D; NIE notified
that review is complete, and that
comments will be released upon
completion of TIA
14
29 Jun 94 Letter from NIE alleging delays
8
6 Jul 94 Letter to NIE & Dev'r refuting
allegations
20
26 Jul 94 Meeting with NIE, Dev'r, WSDOT to
discuss TIA mitigation at Barker/I-90.
Comments f rom Review #2 released
4-10 Aug 94 Meetings with NIE to work out phased
build-outs of Barker, Mission
36
31 Aug 94 Road & Drainage Plans #3 IN
47
17 Oct 94 Review #3 started; some comments
from Review #1 & Review #2 not
addressed; 10 additional pages of
comments based on revised plans
3
20 Oct 94 Review #3 COMPLETED
42
12 Dec 94 Road & Drainage Plans #4 IN
34
16 Jan 95 Review #4 started. Called NIE
about overdue account; County
will continue the review, but
will hold comments until account
is current
2
18 Jan 95 Review reveals fatal flaws in
drainage design; review halted.
NIE notified: to meet 24 Jan 95
24 Jan 95 Meeting with NIE to review fatal
flaws in drainage design;
Submittal #4 returned
P1414 - RIV$RWAY VILLA (RIVERWALR)
CHRONOLOGY & D]3LAY ANALYSIS
Page 3
DELAY BY
DATE ACTION County Dev'r
32
25 Feb 95 Road & Drainage Plans #5 IN
12
9 Mar 95 Review started. Called Dev'r
about overdue account - County will
review, but will hold comments until
account is current
14 Mar 95 Overdue account paid
22 Mar 95 IPEC receives forms for Developer's
Agreement and surety from WSDOT
33
11 Apr 95 Review #5 COMPLETED; some comments
from ist and 2nd reviews still not
resolved; many comments from 3rd ~
review not addressed.
11 pages of new comments based on
revised plans in this submittal
15 May 95 Developer's Agreement and surety
for Phase 1 mitigation submitted
to WSDOT (76 days after receipt
f rom WSDOT )
48
30 May 95 Pending Submittal #6
246* 467
*Traffic Impact Analysis essentially completed 15 May 95
(Developer submitted signed Developer's Agreement and surety to
WSDOT on 15 May 95; pending WSDOT Headquarters approval).
Findings & Conditions (Engineers #24) 2 Apr 82, requires TIA
coordination with WSDOT for each phase; Engineers #4, 24 May 93,
requires that the TIA be completed prior to any plat checking.
~
.
Hemmings Bill ENG _
From: Scott Dennis PWD
To: Hemmings Bill ENG; Hormann Ron ENG
Subject: Riverwalk (Riverway Villa)
Date: Friday, May 26, 1995 1:27PM
Priority: Higi)
I recently listened to the developers side of a review issue on the above referenced project that has been in
the "process" for over a year and a half. I don't know how accurate the information was that was
presented and I am interested in our side of the story. It is my understanding that there will be another
submittal next week ( the week of May 29th) and they expect that this submittal will meet the County's
guidelines for drainage. I would like to attend this meeting if it fits into my schedule or at least a portimn of
it. If it is possible to try and understand what has occurred on this project that causes it to take 1 112
years prior to this submittal meeting I would like to meet with whomever and listen. I am concerned ahout
these types of problems and have made it clear in the past that there is something wrong with the process
if we can't help others to get through the system, Please give me a call so we can see if it is possible to
review this project. Thanks.
Page 1
f ~
BEF4RE SPOKANE COUNTY PLANNING DEPARTMENT
~
IN THE MATTER OF GRANTING AN )
EXTENSION 4F TIME REQUESTED FOR )
PE-1414-81 / PUDE-1-82 ! ZE-92-819 ) FINDINGS OF FACT
"RIVERWAY VILLA" AN APPROVED ) CONCLUSIONS AND
PRELIMINARY PLAT, PRELIMINARY ) DECISION
PLANNED UNIT DEVELOPMENT AND )
ZONE CHANGE. )
THIS MATTER, a request for an extension of time from Michael A. Hunt pursuant letter d.ated
August 16, 1994, has been received on August 23, 1994, and decided upon, pursuant to Spokane
County Subdivision regulation (Chapt+er III, Section G), Spokane County Zoning Code and RCW
58.17.140.
FINDINGS OF FACT AND CONCLUSIONS
1. The individual signing below has been properly delegated the responsibility far rendering
this decision by or as the Spokane County Director of Planning.
2. The proposal for the time extension is located south of the Spokane River, east of and
adjacent to Barker Road, and north of and adjacent to Mission Avenue in Section 8,
Township 25 North, Range 45 E.W.M., Spokane County, Washington.
3. The Preliminary Plat and Preliminary Planned Unit Development (PUD) plans were
approved by the Hearing Examiner Committee on Apri12, 1982. The development
consisted of a manufactured home subdivision on 118 acres for 3651ots including open
space and one commercial lot The preliminary plat approval also included a rezone from
Agricultural (A) to Residential Manufactured Home (ftWI) with a(PUD) Overlay zone and
to Commercial (C) under the now expired, Spokane County Zoning Ordinance. Such zone
reclassifications are accomplished as each phase of the prelinunary plat is finalized and
recorded with the County Auditor.
4. The Preliminary Plat, PUD and Zone Change original approvals were, in part, based on an
Environmental Impact Statement (EIS) prepared for the proposal. However, numerous
changes have occurred since 1982, which require midgating measures as new conditions of
approval.
5. The Findings of the August 5, 1993, Tune Extension decision are included by reference to
assure clarification of the below findings, decision and conditions.
6. At the time of the preliminary approvals, Apri12, 1982, the Comprehensive Plan
designated this area as URBAN Category. The location is within the Priority Sewer Service
Area (PSSA) and the Aquifer Sensitive Area (ASA) Overlay Zone. The Comprehensive
Plan was adopted late 1980 with an effective date of January 1, 1981. The URBAN
designation has remained the same since the 1982 preliminary approvals. The approved
plans and zone changes continue to conform to the adopted Comprehensive Plan.
7. On February 24, 1983, the sponsor submitted a Final PUD Site Development Plan for the
southern portion (S 1/2) of the project and requested a change of condition to postpone the
Final PUD hearing of the northern portion (Ni/2) for three (3) years. The request was
approved by the Hearing Examiner Committee (HEC) on Apri114, 1983. The approved
Final PUD Site Development Plan for the S 1/2 of the site consisted of a maximum of 178
lots on approximately SQ acres, which excluded the proposed commercial property at the
southwest carner. Tho approved Final S 1/2 PUD Site Development Plan was different
from the Preliminary PUD Development Plan stamped "Received November 12, 1981.
Larger residential lots, consolidated open space, elimination of recreational improvements
and redesign of thc roads were approved.. The HEC approved a redesign of the PUD that
clearly deviated the original conceptual "preliminary" PUD map stamped "Received
November 12, 1981, "
The remaining N1/2 of the Preliminary PUD was conditioned to acquire Final PUD Site
Development Plan approval no later than May 1, 1986. December 1988 this deadline was
administratively (see Find.ing No. 8., 10. and 11, below) extended which followed with
four additional administrative time extensions (see Find.ing No. 12. below). As a condition
of the last Time Extension approved on August 5, 1993, a one (1) year deadline was
imposed on this north Final PUD Site Development Plan approval with an expiration date
of September 1, 1994.
~
~
t ~
April 13, 1995, Extension of Time File No. PE-1414-81 / Page 2
PUDE-1-82 / ZE-92-81
Before the expiration date, on March 24, 1994, the sponsor submitted an overall (N1/2 and
S1/2) Final PUD Site Development Plan for administrative review and approval along with
this time extension application. Since the submittal the sponsor has proposed and received
administrative approval to submit a revised overall Final PUD, which improves the lot
design, open space and road design. The Final PUD review is still underway and will be
completed once this rime extension decision is completed and the revised drawings are
submitted.
8. On October 22, 1985, with Resolution Number 85-0900 the Board of County
Commissioners adopted the new Spokane County Zoning Code to be effecdve January 1,
1986. The new Chapter 14.704, Planned Unit Development (PUD) Overlay Zone,
established an administrative process to approve Final PUD site plans. The previous
Zoning Ordinance had required public hearings before the Hearing Examiner Committee to
approve Final PUD site plans.
9. The pmject area was zoned Agricultural (A) at the time of the April 2, 1982, preliminary
approvals. The existing zoning of the property described in the- application is presently
zoned Urban Residential-3.5 (UR.-3.5), previously established as Agricultural (A) zoning
in 1957 (ZE-286-57) and redesignated to UR-3.5 on January 1, 1991, consistent with the
PROGRAM TO I1vIPLEIvENT TI-E SPOxANE COUNTY ZANIIVG CODE. Note, as each phase
of the preliminary plat is finalized and recorcied with the County Auditor the existing UR-
3.5 zoning will be reclassified to comply with the original zone change approval on Apri12,
1982, pursuant the PROGRAM TD I1VPLEMENT. The project area with the old approved
Residential Mobil Home (RW Zone will be substituted with the present Urban
Residential-7 (UR-7) and the present PUD overlay zone. The old approved Commercial
(C) Zone will be substituted with the present Community Business (B-2). Any
development of the proposed plat and planned unit development will need to conform with
the current Zoning, Planned Unit Development, and Subdivision standards. Pursuant to
RCW 58.17.195 the proposal will conform to the requirements of the approved zone
reclassifications to UR-7 Zone with PUD Overlay Zone and the B-2 Zone.
10. Mar+ch 18, 1986, Spokane County adopted specific criteria for administratively considering
the Extension of Time regarding the expiration of preliminary subdivisions. Extension of
time decisions no longer require a public hearing before the HEC. The time extension
criteria is found in Chapter III, Section G of the Spokane County Subdivision Ordinance
(Board of County Commissioner Resolution Number 86-0246).
11. November 1986, the Planning Department granted its first administrative (without public
hearing) time extension far 2 years under the authority of Chapter III, Secdon G of the
amended Spokane County Subdivision Ordinance. This 1986 Extension of Time approval
amended and extended the previous conditions of approval regarding all specific deadlines
of the April 14, 1986, Hearing Examiner Conunittee decision. This extension included the
Ni%2 Final PUD deadline of May 1, 1986.
12. This Time Extension application is the seventh (7th) request for a time extension. The total
life of the Preliminary Plat, PUD and Zone Change has been thirteen (13) years:
Aprii 1982 to April 1983.................. Preliminary approvals - HEC
April 1983 to April 1986 .................3 years granted with change of conditions - HEC
Nov 1986 to Dec 1988 .....................2 years (see Finding No. 11. above) - Ping. Dept.
Dec 1988 to Jan 1990 .......................2 years - Ping. Dept.
Jan 1990 to Jan 1992 ........................2 years - Ping. Dept.
Jan 1992 to Jan 1993 .1 year - Ping. Dept.
March 4, 1993 Time Extension Denied for lack of progress
March 12, 1993 Appeal of Denial and additional information provided
May 2r4, 1993 Time Extension administrarively Approved with current conditions
June 3, 1993 Appeal of new and updated conditions-of-approval
Aug 19, 1993 Hearing Examiner Committee public hearing scheduled and advertised
July 1993 additional information provided
July 27, 1993 appeal withdrawn by Jim Reuter
July 29, 1993 withdrawal confirmed by project legal council, F. J. Dullanty, Jr.
Aug 5, 1993 administratively amended the May 24, 1993 Time Extension conditions
August 1993 to September 1994......1 yeaz - Ping. Dept.
August 23, 1993 HEC withdrawal of appeal ORDER (see Finding No. 13. below)
The above stated chronology does not include the processing time for which approval had
lapsed during review or appeal of decisions for each time extension request. Complete and
timely requests for any future time extensions shall be consistent with RCW 58.17.140 and
the Spokane County Planning Department Subdivision Qrdinance. Timely requests for
consideration of time extensions are the applicant/developer's responsibility as norices of
expiration of approval by the Spokane Counry Planning Department are not regularly
provided. When said notices are provided they are done so only on a courtesy basis.
. ,
April 13, 1995, Ext,ension of Time File No. PE-14I4-81 / Page 3
PUDE-1-82 / ZE-92-81
13. The appeal of conditions of approval added to the administrative May 24, 1993, Time
Extension approval was advertised and scheduled for the August 19, 1993 Hearing
Examiner Committee (BEC) public hearing. Due to amended conditions of the
administrative August 5, 1993, Time Extension approval, the appellant, Jun Reuter,
withdrew his appeal by letter dated July 27,1993, as did the project attorneys by letter dated
July 29, 1993. The agenda item was not presented at the August 19, 1993, HEC hearing.
The Hearing Examiner Cornmittee signed FIlVDINGS OF FACT, CONCLUSIONS AND ORDER
on August 23, 1993, which states:
ORDER 'The Hearing Examiner Committee pursuant ro the above Findings of Facr
and Conclusion, accepts the withdruwal by Jim Reuter, of the application of the
Preliminary Plat of PE-1414-81 described in the application known a Riverway Villa."
MOTION "UNANIMOUS TO APPROVE THE WI7'HDRAWAL OF THE PRELIMINARY
PLAT OF RIVERWAY VILLA AND RENDER TNE PREIdMINARY PLAT AND APPEAL OF
THE EXTENSIDN OF TIME NULL AND VOID. "
This order and motion was based on Finding No. 2, which incanectlv states:
"2. On July 29,1993, the Spokane County Planning Department received a wrinen
reqttest from the appeltant, Jirn Reuter, to withdraw the preliminary plat of Riverway
Villa. The Hearing Examiner Committee, by accepting the withdrawal, renders the
preliminary plat and appeal of the extension o,f time null and void."
The evidence within file PE-141481 indicates the Preliminary Plat and PUD sponsors
clearly intended to keep the project alive and, in fact, only requested to vV1TMRAW THE
APpF.AL from the August 19, 1993, HEC hearing agenda, since the issues with the
conditions of approval had been administratively resolved with the County Prosecutor's
Qffice and the Planning Department administration. While the August 23, 1993, Hearing
Examiner Committee FINDINGS OF FACT, CONCLUSIONS AND ORDER could have been
written more clearly, all references to withdrawal aD_ vlies onlv to the aaReal and not the
overall preliminary approvals.
14. This development and its approvals have exceeded its four (4) year grace period (the first 3
year expiration period and 1 add.irional yeaz) where additional conditions cannot be applied
to the original approval, as provided in RCW 58.17.140, ExTENSiONS. All time
extensions thereafter may have additional conditions of approval added or updated as each
subsequent time extension is granted. The upgrading of conditions allows Spokane
County to bring development approvals into compliance with present adopted policy and
regulations while addressing current conditions and resolving curnent problems or impacts.
15. The application for this time extension has been evaluated using the below adopted criteria
These criteria are found in Chapter III, Section G of the Spokane County Subdivision
Ordinance and have been used as a basis for this time extension decision.
Section G states; Approval of a prelimirrary subdivision shall automatically expire three
years t*er preliminary approval is granted unless a time extension is gpplied for." and
follows with "Upon application for time extension , the Planning Director or designee may
administratively approve extensions for up to three (3) year periods provided at teast one of
the following circwnsrances is found to gpply:
1. That some portion of the existing preliminary plat has been finalized since the last
extension was granted and the remaining lots would form a unifted development
consistent with the original approval
RESPONSE: No portion of the site has been finalized or recorded as a final plat.
However, Phase One (371ots in the southwest corner with a public sewer system
excluding the commencial site) is presently being reviewed for Final Plat approval to be
recorded with the County Auditor,
2. Tha.t the preliminary plat as rrpproved remains consisrent with the Generalized
Comprehensive Plan for Spokane County insofar as density and other d.evelopment
provisions apply, and the sporrsor has taken substantial steps towards ftnalizing his
plat, which shall include but not be limited to:
a. surveying the lots within the development, ~
b. arranging for public services to the site,
c. obtaining necessary financing for all or a portion of the preliminary plat,
d. the completion of studies or other requirements which were part of preliminary
plat approval.
RESPONSE: Cornespondence from North Idaho Engineering dated August 16, 1994,
received by the Spokane County Planning Deparnnent on August 23, 1994, indicates that
progress has been made towards finalizing the project. That progress is summarized as
follows:
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April 13, 1995, Extension of Time File No. PE-1414-81 / Page 4
PUDE-1-82 / ZE-92-81
a. Survey calculations of the entire first 371ot Final Plat Map have been performed.
b. Public utiliries to the site have been arranged.
c. Construction financing has been secur+ed and is in place pending release of construction
pennits by the Spokane county Engineering Department.
d. Sanitary Sewer Improvement Plans including lift stadon design have been submitted to
the Spokane County Udlities Deparement.
f. The Final PUD Plan for the southerly 1/2 of Riverway Villa has been approved the
northerly 1/2 has been submitted far administrative review and approval as provided for
in Chapter 14.704, Planned Unit Development (PUD) Overlay Zone of the Spokane
County Zoning Code.
g. The mitigation agreement with the Central Valley School District has been executed.
h. Landscaping plans for Indiana Avenue have been submitted.
i. The draft declaration of covenants, conditions and restrictions, articles of incorporation
and bylaws have been submitted.
j. Soils testing has been completed the results of which have been incorporated into the
redesign of street and storm drain plans.
Since the above August 16, 1994, North Idaho Engineering letter, North Idaho
Engineering indicates that additional progress has been made as follows:
1. The water plan for the first phase has been approved. The water system with fire
hydrants have been installed for the first phase. Consolidated Irrigation Water District
has accepted the water system and the contractor is has completed the pressure tests and
is in the process of flushing the system to pass health tests.
2. A dryline sewer system has been installed for the first phase.
3. Engineering design and plans have been prepared and submitted to WSDOT for boring
under the freeway. WSDQT has approved a boring pemut.
4. Engineering design and plans have been prepared and submitted to WSDOT for Barker
& Freeway interchange right turn lane improvements. WSDOT has approved the I-90
eastbound right turn lane permit.
5. Electric, cable and gas utilides have been installed for the first phase.
6. Street grading for the first phase is completed and "red top" surveyed and staked ready
for asphalt.
7. Curb fonms have been partially installed along Indiana for the first phase. It is "red top"
surveyed and staked ready for asphalt.
8. A model home building permit issued and presently being constructed.
3. That at the time preliminary approval was granted, development of the proposal was
conditioned upon the extension of public services which are not yet available. This
provision shall not apply to public utiliry extension which the project sponsor would
normalty fund.
RESPQNSE: This condition does not apply to the first 371ots however the developer
has as indicated in the August 16, 1994, North Idaho Engineering letter that preparation of
plans and documents to facilitate future phases have been expedited, including public
sewer.
16. The Spokane County Planning department does find that the applicant has taken significant
steps to finalize all phases of the preliminary plat of record prior to the September 1, 1994,
expiradon of the preceding tune extension (bth extension). During this time extension
review period additionai progress has also been made as indicated in FINDING 15. above.
The present owners have purchased the enrire preliminary plat. The sewer system has been
designed, sized and partially installed for the entire preliminary plat, considerable
engineering has been accomplished and is currently underway for a major portion of the
preliminary plat and a redesign of the PUD is also currently underway.
17. Additional conditions for this time extension have been recommended by the various
reviewing agencies and departments, including the County Planning Departrnent, the
County Division of Engineering and Roads, the County Division of Utilities, the County
Health District the County Division of Buildings, the Washington State Department of
Transgortation, Cenual Valley School District and the County Parks Deparnnent. Said
conditions shall be included in the appropriate sections of this decision and shall not
preclude previous conditions of approval for time extensions unless specifically stated as so
doing.
18. The Spokane County Parks Department has commented on the proposed Preliminary Plat
and PUD time extension pursuant a letter dated February 15, 1995. The Parks Department
has requested a voluntary agreement be completed between the Parks Department and the
property owner to mitigate impacts to the County Park system. A previous February 1,
1995, letter from Parks Director, Sam Angove, also indicates their desire to purchase 7.4
acres of the PUD open space adjacent the Centennial Trail at the north end of the project.
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April 13, 1995, Extension of Time File No. PE-1414-81 / Page 5
PUDE-1-82 / ZE-92-81
County legal counsei has indicated such agreements may be required. The Spokane
County Planning Department recommends the property owner negotiate with the Spokane
County Parks Department to provide for appropriate capital facilities as required by the
Revised Code of Washington (RCW) 58.17.110. Approval of this dme extension should
include condirions requiring that provisions for appropriate facilities be in place prior to
recording this Final Plat in the fonn of dedication of park land or a written agreement
between the owner and the Spokane County Parks Department.
19. The Central Valley School District No. 356 has commented on the proposed Preliminary
Plat and PUD time extension pursuant a letter dated February 21, 1995. The District has
indicated that eacisting school facilities are inadequate to serve the proposed Plat and PUD
and wishes to negotiate with the owner to provide adequate capital facilities as required by
the Revised Code of Washington (RCVV) 58.17.110. Review by County legal counsel
indicates the condition requested by the School District can be required for developments.
Approval of this time extension should include conditions requiring that provisions for
appropriate facilities be in place prior to recording the Final Plat in the form of a written
agreement between the owner and the school district. Note, the school district indicates
there is an existing signed agreement. However, the request to add the standard condition
will assure that the existing and signed agreement will continue to be required and
maintained throughout the finalization of this project.
20. The following facts and conclusions are also relevant.
a. The applicant/owner should continue to show substantial progress toward
complying with Chapter III, Section G, of the Subdivision Qrd.inance before
requesting an additional extension of time for the remaining phases of the approved
Preliminary Plat / PUD which have not been filed.
b. By reference FIIVDINGS of all previous approvals are specifically incorporated herein
unless otherwise stated. An attempt to include all previous and applicable Flanning
Department CONDITIONS OF APPROVAL within this time extension has been made
by the Planning Department. Due to the complex nature of this file omissions may
have occurned. If further clarification is necessary regarding previous conditions,
the file record and documents continue to be the authority and shall be used to
resolve such yuesdons/deternunarions.
c. A part of the northern portion of the approved preliminary plat of record fell under
the jurisdiction of the Washington State Shoreline Management Act, RCW 90.58,
and the Spokane County Shoreline Program, WAC 173-19-400. Creation of the
Washington State Centennial Trail along the Spokane River may have removed
portions of the site from Shoreline jurisdicdon. Review of a Final PUD site plan
for the northern portions of the preliminary plat would deternune if any portions of
the site is still within the Shorelines area.
d. The site is located within an area of Spokane County which was removed from the
sewer exemption area on July 1, 1994 by the Washington State Health Board
pursuant to WAC 246-272-100. The site is also located within the Priority Sewer
Seivice Area (PSSA). Any future time extension requests may be affected by the
new exemption boundary; however, the project is to be served by public sewer.
21. The site is located within the Public Transit Benefit Area (PTBA). Route # 18, Broadway
Feeder, provides connecting service to the Valley Park and Ride lot located on University
Avenue and 4th Avenue.
22. The Spokane County Arterial Road Plan idenrifies Barker Road as a PRINCIPLE ARTERIAL
and Mission Avenue as a MIIN4R ARTERIAL. The existing roadway widths are inconsistent
with that specified in the adopted Arterial Road Plan. In order to implement the Plan the
County Engineer has requested a 5 foot reserve strip along Barker Road and a 10 foot I
reserve strip along Mission Avenue to be designated as a Future Acquisition Area.
Preliminary plat approval also required dedicadon of an additional 15 feet of right-of-way
on Barker Avenue and dedication of 10 feet on Mission Road. Sidewalks are required
along these arterial roads fronting and within the plat.
The Washington State Department of Transportation has recommended conditions to
mitigate impacts to the Barker Road and Interstate-90 interchange. Those recommendations
have been incorporated into this decision.
The Spokane County Engineering Depaitment has met with the developers representative
and reached an agreement/understanding with regar+ds to phasing and development related
improvements to Barker Road and Mission Avenue. That understanding and conditions
thereof have been incorporated into the Engineer's cond.itions as set forth in this document.
23. The proposed plat will be served by a public water system. Waste water disposal will be as
authorized by the Director of Utilities, which involves an approved public sewer system
with pressurized lines to the sewer trunkline south of Interstate 90.
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April 13, 1995, Extension of Time File No. PE-1414-81 / Page 6
PUDE-1-82 / ZE-92-$1
24. Recognizing the recommended conditions and Spokane County development standards,
appropriate provisions should be made to ensure the public health, safety and general
welfane and that the public use and interest will be served by plaring the proposed
subdivision.
The subdivision proposal is generally consistent with RCW 58.17 and the County
subdivision reguladons, promoting the public health, safety and general welfare in
accordance with standards established by the state and Spokane County. The Planning
Department has considered the provision of public facilities cited in RCW 58.17.110 (2).
More specifically:
a. open spaces
b. dra.inage ways
c. public and/or private rights-of-way
d . transit
e. potable water
f. sanitary waste disposal
g. parks and recreation facilities
h . playgrounds
i. schools and school grounds
j . sidewalks
25. The delay in issuing this time extension is the result of (1) change of project sponsors, (2)
change of project engineers, (3) resignation of planner assigned to this project (4) an
extensive review of the large thirteen year old file, (5) the physical reorganization of the
file (b) two reorganizations of planners within the Planning Department and (7)
assignment of an emergency moratorium study. The review revealed considerable
confusion regarding the file organizarion and content of the file and a need to clarify the
record, as indicateri in the above findings. This time extension has been written in an
attempt to represent a current and complete status of this preliminary plat, PUD and zone
change approval for the Planning Department Conditions (see Finding No. 20.b. above).
26. The applicant/owner has demonstrated sui~'icient progress to comply with the requirements
of Chapter III, Section G, of the Spokane County Subdivision Ordinance for extending the
expirarion date of the preliminary approvals.
27. The applicant had submitted a Final PUD site plan for the Narth portion (N1/2) and a
revised South portion (S 1/2) of the Preliminary PUD. Changes to this submittal have been
proposed by the applicant to improve the design of the site plan (ie, eliminate double
fronting lots, consolidate open areas, other) and will be resubmitted and circulated for
agency review as soon as the drawings are completed by the project engine,er. The
proposed Final Plat Phase 1 area of the 1983 (S1/2) Final PUD site plan has ngt changed.
28. The applicant has requested to call the development by the name "RIVERwALK" and will
record all subd.ivisions by that name.
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DECISI4N
BASED UPON THE ABOVE Findings of Fact and Conclusions, a three year extension of time
request for PE-1414-81 / PUDE-1-82 / ZE-92-81, "RIVERWAY VILLA" an approved Preliminary
Plat, Preliminary Planned Unit Development and zone reclassification is hereby APPROVED
until May 1, 1998.
C4NDITIQNS OF APPR4VAL
All pervious conditions of approval shall continue to apply, as applicable, except as specifically
amended.
SPOKANE COUNTY PLANNING DEPARTMENT
1. All conditions imposed by the Hearing Examiner Conunittee and all time extension
conditions, as amended or updated, shall be binding on the "Applicant." The term
"applicant" shall include the owner or owners of the property, heirs, assigns and
successors.
2. This time extension is approved for three (3) years until May 1, 1998. The applicant
may request another extension of time approximately forty-five (45) days prior to the above
expirarion date.
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April 13, 1995, Extension of Time File No. PE-1414-81 / Page 7
PUDE-1-82 / ZE-92-81
3. Add.itional Extensions of Time shall = be granted unless substantial compliance with
Chapter III, Section G, of the Subdivision Ord.inance is demonstrated by the applicant;
otherwise the preliminary subdivision and the preliminary planned unit development
appmval will become null and void.
4. (Amend 8/5/93 Planning Condition #3.)
The conditions of approval shall apply to the "Preliminary Plat of Record" map dated
November 12, 1981, as approved by the Spokane Counry Hearing Examiner Committee in
the Findings of Fact, Conclusions, and Decision dated Apri12, 1982, consisting of 365
residential lots and one commercial parcel. And the conditions of approval shall also apply
to the "Revised Preliminary Plat of Record" map dated March 15, 1983, as approved by the
Spokane County Hearing Examiner Committee in the Find.ings of Fact, Conclusions, and
Decision dated April 14, 1983, being the redesign of the 50.2 acre South portion (S 1r2)
with 178 lots, excluding the conunercial parcel. This S 1/z is also the Final PUD Site
Development Plan approved by the Hearing Examiner Committee in the Findings of Fact,
Conclusions, and Decision dated April 14, 1983.
5. The approved zone change, ZE-92-81, shall be amended pursuant the P1tOG1tA1vt TO
IMPI.EMENI'. The project area approved for the old approved Residential Mobil Home
(RMH) Zone with the old PUD 4verlay Zone shall be substituted with the present Urban
Residenrial-7 (UR-7) Zone and the present PUD Overlay Zone. The project area approved
for old Commercial (C) Zone shall be substituted with the present Community Business
(B-2) Zone. The existing UR-3.5 Zone shall be reclassified as each phase of the
development is recorded as a Final Plat with the County Auditor. The reclassifications
shall be consistent with the proposed zoning approved with the preliminary plat of record,
except as amended by the P1tOG1tAM TO IIviPLElVFtvZ'.
6. The proposal shall comply with the cunent development standards of the Urban
Residential-7 (UR-7) Zone and the Planned Unit Development (PUD) Overlay Zone, as
amended. The proposed commercial parcel shall comply with the current development
standards of the Community Business (B-2) Zone, as amended. The entire site shall also
comply with the Aquifer Sensitive Area (ASA) overlay zone.
7. (Amend 8/5/93 Planning Condition #4.)
Except for Phase 1, the sponsor has proposed design changes to both the N1/2 and SIr2 of
the project, excludi.ng the conunercial parcel. A revision to the approved 1983 S 1/2 Final
PUD Site Plan shall be submitted to the Spokane County Planning Department for
administrative review and approval prior to any submittal and review of any final plat in
this S 1/2, except Final Plat Phase 1. A redesign of the proposed Final Ni/Z PUD Site Plan ~
shall be submitted to the Spokane County Planning Department for administrative review
and approval prior to any submittal and review of any final plat in this N1/2. The overall
Final PUD (Nlr2 and S1/2) shall comply with the current Zone Code, Engineering,
Utilities, Health and other Spokane County development standards, and shall generally
conform the "Preliminary Plat of Reoords" and the "S 1/2 Final PUD Site Development
Plan," see CONDMON No. 4, above.
8. (Amend 8/5/93 Planning Condition #7.)
The final plat(s) shall be designed substantially in conformance with the "Preliminary Plat
of Record dated November 12, 1981" approved by the Spokane County Hearing Examiner
Committee on Apri12, 1982, n with the "revised Preliminary Plat of Reconi dated March
15, 1983" approved by the Spokane County Hearing Examiner Committee on April 14,
1983. No increase of density or number of lots shall occur without a change of condition
application submittal and approval. Note, if the proposed redesign of the overall Final
PUD (N1/L and S 1/2) Site Development Plan, described in 7. above, is found to be in
general conformance with these "Pr+eliminary Plats of Record" then the new project map
will be stamped as the "Amended PRELIMIIVARY PLAT OF RECORD with date." If the
revised PUD dces not conform, then a public hearing must be scheduled to obtain the
redesign approval.
9. The Planning Director/designee shall review any proposed final plat and final Planned Unit
Development Plan to ensure compliance with these Findings and Conditions of Approval.
10. (Amend 8/5/93 Planning Condition #5.)
Prior to submitting a final plat for review and approval which includes the commercial
parcel, the owner/applicant shall have submitted a proposed PUD Site Development Plan
for the cornmercial parcel and have been granted approval for a Final PUD Site
Development Plan for the commercial parcel. The proposed Site Development Plan shall be
administratively reviewed and circulated to appropriate agencies by the Spokane County
Planning Deparnnent Once approved it will be considered part of the Final PUD Site
Development Plan. The approved conunercial zoning shall be implemented by changing
the existing UR-3.5 Zone to B-2 Zone when the Final Plat is r+ecorded which includes this
commercial parcel. In addition, the Final PUD Site Development Plan and development of
the conunercial parcel shall comply with the following:
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April 13, 1995, Extension of Time File No. PE-1414-81 / Page 8
PUDE-1-82 / ZE-92-81
a. The Spokane County Planning Director has the authority to present the commercial
proposed Final PUD Site Development Plan to the Spokane County Hearing
Examiner Committee at a public hearing if the proposed development is inconsistent
with the below provisions.
b. The Spokane County Planning Dircctor/designee shall insure compliance with the
development standazds of the Spokane County Zoning Code.
c. The Planning I?irector/designee shall insure that proper measures are made for
compliance with the adopted Comprehensive Plan, which includes compatibility
between existing or future adjacent land uses and with those commercial uses
permitted by the B-2 Zone. Consideration may be given to: building size, height,
setbacks, paving, parking, drainage, landscaping, signage, lighting, buffering of
delivery traffic from residenrial uses with sight and sound obscuring fencing (ie. five
foot masonry wall), ingress/egress, and loading areas.
d. The Planning Director/designee shall also insure that commercial uses do not exceed
those of "neighborhood" and "local serving" type retail or services.
e. The Planning Director/designee shall consider accommodarion for "Park and Ride"
space for public transit and/or transit shelters.
11. (Amend 8/5/93 Planning Condition #5.)
Prior to issuing any building peimits on the commercial parcel, a specific site development
plan (all or part) shall be submitted to the County Planning Director/designee. The specific
site development plan will be circulated for comments from appropriate agencies to
detennine compliance with current regulations and for substantial compliance with the
approved Final PUD Site Development Plan.
12. A final plat name/number shall be proposed before the final plat is filed, such name/number
to be approved by the Planning Director/designee.
13. Prior to filing of the final plat, the appropriate street address(es) shall be indicated.
14. Appropriate road name(s) shall be indicated.
15. (Amend 8/5/93 Planning Condition #11.)
The "revised" Final PUD Site Development Plan must substantially conform with the
"Preliminary Plat of Record dated November 12, 1981," approved by the Spokane County
Hearing Examiner Committee (HEC) on Apri12, 1982, n~ with the "revised Preliminary
Plat of Record dated March 15, 1983" approved by the Spokane Counry Hearing Examiner
Conunittee on April 14, 1983 as they relate to the number and general distribudon of lots.
If not, then a"change of condition" hearing before the HEC must be scheduled.
However, the "revised" Final PUD Site Development Plan must be designed pursuant the
current PUD Overlay Zone development standards, which are substanrially d.ifferent than
the standards that existed when the "Preliminary PUD Site Development Plan" stamped
Received November 12, 1981, was approved by the Spokane County Hearing Examiner
Committee on Apri12, 1982, (see FINDING No. 7). Since the administrative approvals for
time extensions are based on the current PUD Overlay Zone procedures, the administrative
review and approvai of the "revised" Final PUD Site Development Plan must also be based
on the current PUD development standards, which renders much of the "Preliminary PUD
Site Development Plan" stamped Received November 12, 1981, as not being applicable.
Recognizing the "Preliminary PUD Site Development Plan" stamped Received November
12, 1981, as only a generalized PUD concept was first clarified when the S 1r2 Final PUD
Site Development Plan was approved by the HEC on April 14, 1983. This approval
allowed a change in the design and a change in the level of open space improvements from
what was shown on the "Preliminary PUD Site Development Plan" stamped Received
November 12, 1981.
Once the "revised" Final PUD Site Development Plan is administratively approved, the
Planning Director/designee shall ensure that final plats and the development of the project
site:
a. substantially conform to the approved Preliminary Plat of Record, and
b. substantially conform to the approved Final PUD Site Development Plan, and
c. meet current adopted development standards in affect when the Time Extension was
granted, and
d. comply with the condirions of approval(existing and updated), or
e. if not, the applicant submit and receive approval for a"change of conditions/design," or
f, if not in substantial compliance with the Preliminary Plat of Record and/or the Final
PUD Site Development Plan, the compliance issue may be presented to the Hearing
Body for review and approval
April 13, 1995, Extension of Time F'ile No. PE-1414-81 / Page 9
PUDE-1-82 / ZE-92-81
16. The final plat map shall indicate by a clear, dashed line the required yard setbacks from all
private, "Tract X" or public roads. The dedication shall contain the following statement:
Side yard and rear yard setbacks sha11 be deternuned at the rime building permits are
requested untess these setbacks are specifically drgfted on this ftnal plat. The setbacks
indicated on this plat may be varied from if proper zoning approvals are obtained.
17. Appropriate utility easements shall be indicated on copies of the proposed final plat.
Wntten approval of utility easements by appmpriate utility companies shall be received with
the submittal of the final plat.
18. Three (3) current cer tif'icates of tide shall be furnished to the Planning Department prior to
filing the final plat.
19. Prior to filing of all or a portion of the final plat, the applicant's surveyor shall submit one
or more maps outlined in red of the area being finalized. The scale shall match the
appropriate assessor's map scale.
20. The Spokane Counry Planning Department shall prepare and record with the County
Auditor a Title Notice specifying a future land acquisition area for road right-of-way and
utiliries. The reserved future acquisition area Tide Notice shall be relea.sed, in full or in
part, by the Planning Department. The notice should be recorded within the same time
frame as an agpeal and shall provide the following:
a. At least 10 feet along Mission Avenue and 5 feet along Barker Road shall be
designated as reserved future acquisirion area for road right-of-way and utilities, in
addition to the existing and/or newly dedicated right-of-way along Mission Avenue
and Bazker Road. NOTE: The County Engineer has required 10 feet of dedication
along Mission Avenue and 15 feet of dedication along Barker Road.
b. Future building and other setbacks required by the Spokane County Zoning Code
shall be measured from the reserved future acquisition area.
c. No required landscaping, parking, '208' areas, drainfield or allowed signs should be
located within the future acquisition area for road right-of-way and urilities. If any of
the above improvemenLs are made within this area, they shail be relocated at the
applicant's expense when roadway improvements are made.
d. The future acquisition area, until acquired, shall be private property and may be used
as allowed in the zone, except that any improvements (such as landscaping, parking,
surface drainage, drainfield, signs or others) shall be considered interim uses.
e. The property owner shall be responsible for relocating such "interim" improvements
at the time Spokane County makes roadway improvements after acquiring said future
acquisition area.
21. The plat dedication shall contain the following statement for those lots located on a
temporary cul de sac/stub road:
Lor(s) , Block(s) are located on a tem,porary cul-de-sac/stub
road. This ternporary cul-de-saclstub road may be extended ro provide access to adjacent
property andlor connect to existing roads or new rouds a,s developmeni andlor circulasion
needs dictate.
22. The final plat shall indicate yard setback arc lengths on cul-de-sac lots which meet or
exceed the minimum frontage of the underlying zone of the final p1aG
23. A plan for water facilides adequate for domestic service and fire protecdon shall be
approved by the water purveyor, appropriate fire protection district, County Building &
Safety Department and County Health District The agencies will certify on the Water Plan,
prior to the filing of a final plat, that the plan is in conformance with their respective needs
and regulations. The Water Plan and certification shall be drafted on a transparency
suitable for reproduction and be signed by the plat sponsor.
24. The water purveyor shall certify that appropriate contractual arrangements and schedule of
unprovements have been made with the plat sponsor for construcrion of the water system in
accordance with the approved Water Plan. The time schedule shall provide for completion
of the water system and inspection by the appropriate health authorities prior to application
for building permits within the final plaL The arrangements or agreements shall include a
provision holding Spokane County and the purveyor hannless from claims by any lot
purchaser refused a building permit due to the failure of the subd.ivision sponsor to
satisfactorily complete the approved water system.
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April 13, 1995, Extension of Time File No. PE-1414-81 / Page 10
PUDE-1-82 j ZE-92-81
25. The final plat dedication shall contain the following statement:
The public water system, pursuant to the Waier Plan approved by county and state health
authorities, the local, fire protection district, County Building & Safety Department and
water purveyor, shall be installed within tht's subdivision or binding site plan, and the
applicant shall provide for individual domestic water service as well as,fire protection ro
each lot prior to sale of each lot and prior to issuance of a building permit for each lot.
26. No building permit will be issued for any lot within the final plat until certified by a
Washington state-licensed engineer that "the water system has been installed pursuant to the
approved Water Plan for the, final plat," including a signed license stamp. The certif'icaaon
may be in the form of a letter, but is preferned to be cerrified on a copy of the Water Plan as
a schematic map showing the "as-built" water system.
27. The Water Plan and the above conditions of approval regarding the Water Plan may be
waived by the Planning Director/designee upon receipt of letters from the appropriate water
purveyor and fire protection d.istrict stating that simple connections to an existing, approved
water system will provide adequate domesdc and fire protection water to ensure the public
health, safety and general welfare.
28. A survey is required prior to the filing of a final plat.
29. Approval is required by the Planning Director/designee of a specific lighting and signing
plan for the described property prior to the release of any building pemuts.
30. Direct light from any exterior area lighting fixture shall not extend over the property
boundary.
31. A specific landscage plan, planting schedule and provisions for maintenance acceptable to
the Planning Director/designee shall be submitted with a performance bond for the project
prior to release of building permits. Landscaping shall be installed and maintained so that
sight distance at access points is not obscured or impaired.
32. The PUD binding site plan shall indicate all exterior boundary setbacks, as well as setbacks
from roadways and individual lot lines.
33. A copy of the homeowners/property owners' association articles of incorporation and/or
bylaws andlor covenants and restrictions, together with any other provisions for
maintenance of common areas and facilities, shall be submitted for review and approval to
the Planning Department prior to finalizing.
34. The Owner shall negotiate with the Central Valley School District and the Spokane County
Parks Department and submit a recorded copy of the agreement making provisions for
public schools and parks prior to finalization and recording of this plat The agreement
shall provide a written descriprion of the subject property to which the agreement applies
and also state the dollaz amount and any other agreed to mitigating measure(s).
The Owner shall also norify any potential purchasers who have made an agreement to
purchase property within said plat pursuant to the Revised Code of Washington
(58.17.205), that appropriate provisions for school faciliries and public parks must be
made conditioned on a future agreement between the applicant/sponsor, school district, and
County Parks Department.
Voluntary agreements between the Owner and School District and Spokane County Parks
Department shall conform to the requirements of the Revised Code of Washington Chapter
82.02.
35. The Planning Department shall prepare and record with the Spokane County Auditor a Title
Notice noting that the property in question is subject to a variety of special conditions
imposed as a result of approval of a land use action. This Title Nodce shall serve as public
notice of the conditions of approval affecting the property in question. The Title Notice
should be recorded within the same dme frame as allowed for an appeal and shall only be
released, in full or in part, by the Planning Department. The Tide Notice shall generally
provide as follows:
The parcel of properry legally described as f J is the subject of a land
use action by a Spokane County Hearing Body or Administrative 4fficial on j
imposing a variety of special development conditions. File No. j J is
available for inspection and copying in the Spokane County Planning Department.
36. The owner/applicant shall coordinate with the local Fire District and the Fire Marshall to insur
that adequate access is provided for emergency services.
37. Phasing shall be approved by all reviewing departments. Phasing may be modified by the
Planning Department upon r+ecommendations from county or state agencies/departments that
proposed phasing creates impacts which can be reduced or eliminated by altering size of
schedule. Mitigating impacts of traffic and schools shall be considered for approval of each
phase of development.
~
April 13, 1995, ExLension of Time File No. PE-1414-81 / Page 11
PUDE-1-82 / ZE-92-81
38. Each final plat dedication shall make reference to the Home Owners Association agreements a
a notice to potential lot purchaser of the responsibiliries of lot ownership within the
subdivision.
SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS
Prior To Issuan Uf A B ilin x Or Use Of The P'rOp-~ As Pronosed:
1. All previously imposed conditions are still applicable.
2. The County Arterial Road Plan identifies Barker Road as a PRIlVCIPLE Arterial and Mission
Avenue as a MINOR Arterial. The existing right-of-way widths are not consistent with
those specified in the Plan. In order to implement the Arterial Road Plan, in addition to the
required right-of-way dedicarion, a strip of property 5 feet in width along Barker Road and
10 feet in width along Mission Avenue shall be set aside in reserve. This property may be
acquired by Spokane County at the time when arterial improvements are made to Barker
Road and Mission Avenue.
3. As per the original conditions of approval:
"A traffic analysis of each phase will be requined of the developer and reviewed by Spokane
County prior to plat finalization. This analysis will be coordinated with the State of
Washington Department of Transportation. A traffic analysis for each phase will serve as a
basis for the evaluation of the need for Uraffic control devices at Barker Road and Mission
Avenue. Should the analysis determine a need for intersection upgrading, the developer will '
assessed a proportionate share for the required improvements.
4. 'OUb'an plat checkiwof Rivepway Vill
nb~ned. analysiV"I% M-mpletedg. yt
5. Intersection and road improvements shall be constructed and phased as follows predicated on
an agreement reached on or about August 4, 1994, between North Idaho Engineering and the
Spokane County Engineer.
Barker Road:
Phase I: Construct Barker/Indiana intersection (Barker Road to be a 5-lane section per the
County's Special section for Barker Road). Provide acceleration/deceleration lanes (sized
per WSDOT Design manual), as well as inbound and outbound tapers.
Phasg II; Construct Barker Road north to the Spokane River, and south to Mission
Avenue, unless built out sooner as part of Phase VI.
Phase • Construct Barker Road north to the Spokane River, and south to Mission
Avenue, unless built out sooner as part of Phase II.
Mission Avenue:
Phase I: Construct Mission/Clark Fork (Harmony Lane) intersection. Construct north sic
of Mission Avenue (per the County's Special Section for Mission Avenue) from Clark
Fork (Harmony Lane) to Barker. Provide inbound taper to Clark Fork (Harmony Lane)
intersection.
Phase III ; Construct Mission/Potomac and Mission/Yukon intersections. Construct
narth side of Mission Avenue (per the County's Special Section for Mission Avenue)
along the Mission Avenue frontage from the easterly plat boundary to Mission/Clark
Fork (Harmony Lane). Provide inbound taper to the widened NEssion/Yukon
intersection from east of the easterly plat boundary.
6. Conditions of Approval require that Barker Road and Mission Avenue improvements adjacern
to Phase VI are to be completed prior to issuance of a building pernut for any projects on that
parcel.
7. The aforementioned phasing is a minimum development program. Changes to this
construction schedule may be implemented pending completion of the Traffic Impact Analysi;
for each phase of the development.
,
April 13, 1995, Ext,ension of Time File No. PE-1414-81 / Page 12
PUDE-1-82 / ZE-92-81
SPOKANE COUNTY DIVISION OF UTILITIES
1. Any water service for this project shall be provided in accordance with the Coortiinated Watet
System Plan for Spokane County, as amended.
2. The dedication shall state: The Owner(s) or Successor(s) in interest agree to authorize the
County to place their name(s) on a petition for the formation of a ULID by petition method
pursuant to RCW 365.94 which the petition includes the Owner(s) property and further not tc
object by signing of a pr+otest petidon aga.inst the formarion of a ULID by resolution method
pursuant to RCW 36.94 which includes the Owner(s) property. Provided, this condition
shall not prohibit the Owner(s) or Successor(s) from objection to any assessment(s) on the
propeny as a result of improvements called for in conjuncrion with the formarion of a ULID C
either petition or resolution under RCW 36.94.
3. Applicant will make connection to Public Sewer System. Sewer Connecrion Pernut is
required.
4. Plans and specifications for the public facilides are to be reviewed and approved by the Utiliti.
Department. Spokane County plan submittal requirements apply.
5. The dedicarion shall state:
The owner(s) or successor{s} in interest agree to authorize rhe County to place their
name(s) on a petition for the forntaiton of ULID by petition rnethod pursuant to RCW
36.94, which petition includes the owner(s)' property; and further not to object by the
sigrung of a proiest petition against the for►nation of a ULID by resolution rnethod pursuant
ro RCW Chapter 36.94 which includes the owner(s)' property. PROVIDED, this
condition shall not prohibit the owner(s) or successor(s) from objecting to any
assessment(s) on the property as a result of improvements called for in conjunction with the
formation of a ULID by either petition or resolution method under RCW Chapter 36.94.
b. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
7. Applicant shall make connection to public sewer system. Sewer connection pernut is
required. Plans and specifications are to be reviewed and approved by the Utiliries
Department.
SPQKANE COUNTY HEALTH DISTRICT
1. A statement shall be placed in the dedication to the effect that: "A public sewer system will bE
made available for the plat and individual service will be provided to each lot prior to sale. U:
of individual on-site sewage disposal systems shall not be authorized."
2. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
3. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the Planning Department to the utility companies, Sgokane County
Engineer and the Spokane County Health District. Written approval of the easements by
the utility companies must be received prior to the submittal of the final plat.
4. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
5. Water service shall be coordinated through the Director of Utilities, Spokane County.
6. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
7. Prior to filing the final plat, the sponsor shall demonstrate to the satisfacrion of the Spokane
County Health District that an adequate and potable water supply is available to each lot of I
the plat.
8. Prior to filing the final plat, the sgonsor shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat I
9. A plan for water facilities adequate for domestic use, domestic irrigarion use and fire
protection use shall be approved by the water purveyor. Said water plan must have been
approved by the fire protecrion distiict and the appropriate health authorities. The health
authorities, water supplier (purveyor) and the fire protecdon 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 requirements and will adequately satisfy their respective needs. Said water plan and
certificarion will be drafted on a transparency suitable for reproduction.
,
4
April 13, 1995, Extension of Time File No. PE-1414-81 / Page 14
PUDE-1-82 / ZE-92-81
COUNTY PARKS DEPARTMENT
1. To satisfy therequirements of RCW-58-17-110 that a subdivision make appropriate
provisions for public parks, recreation and playgrounds, the owner, at his/her option, shall
either dedicate land within the subdivision or enter into a voluntary agreement with Spokane
County to mitigate the direct impacts that the subdivision has on public parks, open spaces and
recreational facilities within the unincorporated areas of Spokane County.
If the owner opts to enter into a voluntary agreement, the agreement shall be executed prior to
the finalization and recording of the plat and recorded in oonjuncrion therewith. the agreement
shall be consistent with RCW 82.02.020 an substantially the same as the standardized
agneement prepared by the Spokane Counry Pazks, Recreation and Fair Deparnnent. Prior to
finalization of the plat, the owner shall advise any purchaser of property, as authorized under
RCW 58.17.205, of the obligations within the voluntary agreement. Add.itionally, the owner
shall submit a recorded copy of said voluntary agreement to the Spokane County Planning
Deparnnent prior to finalization.
DATED THIS DAY OF , 19_.
Wally Hubbard, Planning Director
For: John Nunnery, Senior Planner
and Micheal E. Nicholson, Planner I
Under State Law and County Ordinance, you have the right to appeal this decision to the Spokane
County Hearing Examiner Committe.e. Ugon receipt of an appeal, a public hearing will be
scheduled. If you desire to file such an appeal, you must submit a letter along with the appropriate
appeal fee, payable to the Spokane County Treasurer, within ten ( 10) calendar days from the date
this decision is signed.
If you have any questions, please call the Planning Department at 456-2205.
pc: County Division of Engineering and Roads
Washington State Department of Transportarion
County Division of Utilities
County Health I?istrict
County Division of Buildings
County Division of Parks, Recreation and Fair
School District
Fire I?istrict
Purveyors
Sponsor
Surveyor/Engineer
Parties of Record
File
_ ~
.
BEFORE SPOKANE COUNTY PI,ANNINC DEPAR'1'MCNT
IN TIIE MATTER OF A RECONSIDERATION )
OF AN EXTENSION OF TIME REQUEST FOR )
PE-1414-81, ZE-92-81, PUDE-1-82 ) FINDINGS OF FACT
RIVERWAY VILLA, A PRELIMINARY PLAT ) CONCLUSIONS ANn
WITH PLANNED UNIT DEVEI,OPMENT ) UECISI()N
OVERLAY ZQNE )
~
THIS MATTER, a request for a reconsideration of a DENIED extension of time frorn Nortti
Idaho Engineering has been received and decided upon, pursuant to Spokane County
Subdivision regulation (Chapter III, Section G) and RCW 58.17.140.
FINDINGS OF FACT AND CONCLUSIUNS ~
1 Thc inclividtial tiigning hrlow h:iti lx-c11 projx.rly clclcpirci Ihc• rc-spuontiiliility fcw rcnclcriiig
this decision by the Spokane County Uirector of Nlanning.
2. The subject preliminary plat and Planned Unit Developmerlt concept plan was approved
by the Hearing Examiner Committee on April 2, 1982. The development consisted of a
manufactured home subdivision on 118 acres for 365 lots including open space and one
commercial lot. The proposed plat was accompanied by a rezone from Agricultural (A) to
Residential Manufactured Hotne (RMH) with Planned Unit Development and one
Commercial (C) tract under the, now expired, Spokane County Zoning Qrdinance.
The sponsor submitted a final development plan with change of conditions for the
southern portion of the site which was approved by the Hearing Examiner Committee on
April 14, 1983. The approved final development plan for the southern portion of the site
consisted of a maximum of 178 lots on approximately 50 acres.
The Hearing Examiner Cornmittee required a final development plan within three years of
the approval for the change of conditions, by May 1, 1986, or the preliminary status of
the northem portion of the site would become null and void. Since a final development
plan was not submitted for the remaining (northern) portions of the site the Spokane
County Planning Department concludes that only the southern portion of the site shall
have preliminary plat status with the remainder (northern portion) as nuil and vuid.
The Planning Department denied the fifth request for an extension of time and the
applicant/owner filed an appeal. In the interim, before the public hearing on the appeal,
1I1c: :ipplicant/c>wncr provicfccl uciciitiunnl infc>rmution cutic:crnin6 finul pliic submiUul. 'I'hc:
applicant/owner did submit copies of the final plat for review but did not pay the
apprvpriate fee. Based on the final plat submittal the Spokane County Planning
Department has reconsidered the decision, dated March 4, 1993, to deny the extension of
time request. I
3. The proposal is generally located south of the Spokane River, east of Barker Road, and
north of Mission Avenue in Section 8, Township 25 North, Range 45 E.W.M., Spokane
County, Washington.
4. The existing zoning of the pmperty described in the applicarion is Urban Residendal-3.5
(UR-3.5), previously established as Agricultural (A) zoning in 1957 (ZE-286-57) and
redesignated to Urban Residential-3.5 (UR-3.5) on January 1, 1991 consistent with the
Program to Implement the Spokane County Zoning Code.
The proposal also requested a zone reclassification under, the now expired, Spokane
County Zoning Qrdinance which would correspond to the Urban Residential-7 (UR-7)
and Community Business (B-2) zones under the current Spokane County Zoning Code.
The proposed development is consistent with Urban Residential-7 (UR-7) density
standards however, it has not been reviewed for consistency with all current development
standards since the county-wide zoning redesignation on January 1, 1991. Any
development of the proposed plai and Planned Unit Development should conform to
current Zoning and Subdivision standards.
"1'he applicant/owner sliouid provide a revised f clal Ylannec.i Unit Development plan wnicn
shows conformance to the Urban Residential-7 (UR-7), Manufactured I-lome, and~,-
i
I
. '
Fxtensiori of Time Findings PE-1414-81 Page 2
Planned Unit Development (PUD) standards of the Spokane County Zoning Code for
review by the appropriate agencies. The overall development plan shall be submitted and
approved prior to any final plat approval.
5. 'I he Comprehensive Pian designates this area of the preliminary plat as Urban, and the
location is within the Priority Sewer Service Area. The Comprehensive Plan designation
remains the satne since the original preliminary plat approval.
b. Spokane County has established spec:ific criteria for considering the extension of tirne for
the expiration of preliminary subdivisions, specifically for regular subdivisions, and
department policy for short subdivisions. These criteria are found in Chapter III, Section
G of the Spokane County Subdivision Qrdinance and have been used as a basis for this
decision.
Section G states, "Approval of a preliminary subdivisiorl shall automatically expire three
years after preliminary approval is granted unless a time extension is applied for." and
follows with "Upon application for time extension , the Planning Director or designee
may administratively approve extensions for up to three (3) year periods provided at least
one of the following circumstances is found to apply:" The following are the relevant
sections of Section G and the Planning Department response:
1. That some portion of the existing preliminary plat has been finalized since the last
extension was granted and the remaining lots would form a unified development
consistent with the original approval.
RESPCJNSE: The owner has been granted five (5) extensions of time since the
original approval by the Hearing Examiner Committee on April 2, 1982. No
portion of the site has been finalized and recorded as a final plat.
2. That the preliminary plat as approved remains consistent with the Generalized
Comprehensive Plan for Spokane County insofar as densicy AND other
development provisions apply, and the sponsor has taken substantial steps towards
finalizing his plat, which shall include but not be limited to:
a. surveying the lots within the developinent,
b. arranging for public services to the slte,
c. obtaining necessary financing for all or a portion of the preliminary plat,
d. the completion of studies or other requirements which were part of
preliminary plat approval;
RESPONSE: In the decision co deny the fifth request for an extension of time the
Spokane County Planning Department found no significant plat activity since the
last time extension was granted on January 13, 1992. liowever, following the
submittal of the appeal the applicant/owner has shown that some recent effort was
made but nonpayment of the final plat review fee delayed final plht review by the
Sgokane County Planning Department.
3. That at the time preliminary approval was granted, development of the proposal was
conditioned tlpon the extension of public services which are not yet available. This
provision shall not apply to public utiliry extension which the project sponsor would
nozinally fund.
IZESPQIM: Does not apply.
The Spokane County Planning Department does find that the statutory Iimits for
preliminary plat approval have been exceeded and, though local regulation has
considerably more flexibiIity for considerarion for time exEensions, any future time
extensians should be denied if significant steps are not taken by the applicant/owner to
finalize some portion of the preliminary plat of record prior to expiration of this time
extension.
7. Updated conditions have been submitted by the various reviewing agencies and
departments, including the County Engineer's Offic;e, County Health District, County
Utilities, Washington State Department of Transporcaaon and the Department of Building
and Safety.
8. The Central Valley School District No. 356 has commented on the proposed time
extension for Riverway Villa. The District has indicated that existing school faciiities are
inadequate to serve the proposed plat and wishes to negotiate with the owner to provide
adequate capital facilities as required by the Revised Code of Washington (RCW)
. Extension of Time Findings PE-1414-81 Page 3
58.17.110. Review by County legal counsel indicates the condition requested by the
School District can be required for deveIopments. Approval of this time extension
should include conditions requiring that provisions for appropriate facilities be in place
prior to recording the final plat in the form of a written agreement between the owner and
the school district.
y. T'he Spokane County Parks Department has commented on the proposed time extension
for Riverway Villa. The Parks Uepartment has reqtiested a voluntlry agreement be
completed hetween the Paxks Department and the property owner to mitigate impacts to
the County Park system. County legal counsel has indicated such agreements can be
required. The Parks Department recommends the Property owner negotiate with the
Spokane County Parks Deparnnent to provide for appropriate capital facilities as required
by ihe Revised Code of Washington (RCW) 58.17.110. Approval of this plat should
include conditions requiring that provisions for appropriate facilities be in place prior to
recording this final plat in the form of a written agreement between the owner and the
Spokane County Parks Department.
10. This is the fifth request fpr a time extension. The total life of the preliminary plat has
been approximately eleven (11) years:
April 1982 to April 1983 Preliminary approval and change of conditions
April 1983 to April 1986 Three years granted with change of condirions
November 1986 to December 1988 2 years
December 1988 to January 1990 2 years
January 1990 to January 1992 2 years
January 1992 to January 1993 1 year
11. The following facts are also relevant.
;.t. I'hc northe:rn portion oC tlic siee falls under llie jurisdiction of'tlie Washington State
Shoreline Management Act, RCW 90.58, and the Spokane County Shoreline
Program, WAC 173-19-400. However, the Spokane County Planning Departmenc
has deterniined t}iat those portions of the original preliminary plat Icx:ated along the
Spokane River are no longer part of the approved preliminary plat of record for
noncompliance with conditions set forth in the Findings of Fact, Conclusions, and
Decisian issued by the Spakane County Hearing Examiner Committee on April 14,
1983.
b. The extension of time request was incomplete insofar as the entire site was not
included for consideration. The applicant requested an extension of time for the
southern one half of the site. The Planning Department notified the applicant of the
error and an addendum to the application was submitted on February 26, 1993.
Fwrther review af the historical file found that the southern portion of the site is the
recognized preliminary plat of record and the remaining portions are no longer parc
of the preliminary plat of record.
12. Recognizing the recommendeci conditions and Spokane County development standards,
the proposed subdivision makes appropriate provisions for the public health, safety and
general welfare and that the publie use and interest will be served by platting the proposed
subdivision.
The subdivision proposal is generally consistent with RCW 58.17 and the County
subdivision regulations, promoting the public heatth, gafety and general welfare in
accordance witli standards established by the state and Spokane Counry. The Planning
Department has considered die provision of pubiic faciliaes a.S cited in RCW 58.17.110
(2). More specifically:
a. open spaces
b. drainage ways
c. public and/or private rights-of-way
d. transit
e. potable water
f. sanitary waste disposal
g. parks and recreation facilities
h. playground.s
i. schools and schoolgrounds
j. sidewalks
Extension of Time Findings PE-1414-81 Page 4
13. The site is located within the Public Transit Benefit Area (PTBA). Route #18, Broa.dway
Feeder, pravides connecting service to the Valley park and ride lot located on University
Avenue.
14. The Spokane County Arterial Road Plan identifies Barker Road as a Principle Arterial and
Mission Avenue as a Minor Arterial. The existing roadway width is inconsistent with that
specif'ied in the Arterial Road Plan. In order to implement the Plan the County Engineer
has requested a 5 foot reserve strip along Barker Road and a 10 foot reserve strip along
Mission Avenue to be designated as a Future Acquisition Area. Preliminary plat approval
also required dedicarion of an additional 10 feet of right-of -way on Mission Avenue and
15 fcet oii Barker Road. Siclcwalks are reyuired along the arterial roads fronting and
within the plat.
The Wa.Shington State Department of Transportation has recommended condidons to
mitigate impacts to the Barker Road interchange. Those recommendations have been
incorporated into this decision.
15. The proposed plat will be served by a public water system. Waste water disposal will be
as authorized by the Direcior of Utilities.
16. The applicant/owner has shown a recent attempt to comply with Chapter III, Section G,
of the Spokane County Subdivision Ordinance therefore, additional time extension of one
year is justified to aliow completion of Riverway Villa First Addition.
DECISIQN
BASED UPON THE ABQVE Findings of Fact and Conclusions, the request for recansideration
for a previously denied extension of time request for appiicatian PE-14I4-81 Riverway Villa is
hereby APPROVED as conditioned below, until June 1, 1994.
CONDITIONS OF AI'['ROVAL
SY()KANE C;UUN'I'Y PLANNING' UCPARTMEN"I' (UYI)A7'ED)
1. Additional Extensions of Time shall not e ranted unless substantial compliance
with Chapter III, Section G, of the Subdivision Qrdinance is demonstrated by the
applicant; otherwise the prelirninary subdivision approval will become null and void.
2. All conditions imposed by the Hearing Examiner Committee, as updated by this decision,
shall be binding on the "Applicant", which term shall include the owner or owners of the
property, heirs, assigns and successors.
3. The conditions of approval shall apply to the preliminary subdivision of record as
approved by the Spokane County Hearing Examu.ner Committee in the Findings of Fact,
Conclusions, and Decision dated April 14, 1983 consisting of 1781ots. Preliminary
approval for the remaining (north) portion of the site is null and void.
4. The proposal shall comply with the Urban Residential-7 (UR-7) with Plailned Unit
Development (PUD) overlay zone(s) as amended. The pmposed commercial lot shall
comply with the Community Business (B-2) zone as amended. The entire site shall
comply with thc /1quifcr Scntiiiivc Arca (/1SA) mcr-l.iy zonc.
/1 Final Planned Unit Developrnent (PUD) site plan shall be subrnitted to the Spokane
County Planning Departnient for administrative review and approval. The Final PUD
shall comply with current zoning, PUD, and manufactured home standards.
5. The owner/applicant shall provide a detailed site development plan for the commercial
tract. The site development plan shall be administratively reviewed by the Spokane
County Planning Department. The proposed commercial zoning shall be implemented
upon finalization of the lot(s) as part of a recorded final plat. In additian, development of
the commercial lot shall comply with the followirig:
Extension of Time Findings PE-1414-81 Page 5
a. Prior to issuing any builciing permits on the commercial lot, a specific site
development plan (all or parc) shall be approved by the County Planning
Director/designee who will circulate and request comments from appmpriate
agencies.
b. Ttle Spokane County Planrlirlg Direc;tor shall insure corilpliance with die Spokane
County Zoning Caic and that proper measures are made for compatibility between
existing or future adjacent land uses and with those permitted uses on the
commercial lot. The Planning Director shall also insure that commez-cial uses do not
exceed those of neighborhood and local serving retail or services, and consider
accommodation of "Park and Ride" space for public transit and/or transit shelters.
Consideration will be given to: building size, height, setbacks, paving, parking,
cirainage, landscaping, signage, lighting, buffering of delivery traffic from
residential uses with sight and sound obscuring fencing (ie. five foot masonry
wall), ingress/egress, and loading areas.
c. The Spokane County Planning Director has the authority to present the commercial
site development plan to the Spokane County Hearing Examiner Committee at a
public hearing if proposed development is inconsistent with this decision.
6. Upon filing the final plat, or a portion thereof, the zone reclassification of the final plat
area shall be finalized, and the existing zone classification shall be changed to UR-7 for
the residential portions of the preliminary plat and B-2 for the commercial lot, consistent
with the proposed zoning approved with the preliminary plat of record.
7. The final plat shall be designed substantially in conformance with the preliminary plat of
record approveri by the Spokane County Hearing Examiner Committee on April 14,
1983. No increase of density or number of lots shall occur without a change of condition
application submittal and appraval.
8. "I'he 1'lanning llirector/designee shall review ariy proposecl final plat and linal l'lanned
Unit Development Plan to ensure compliance with these Findings and Conditions of
Approval.
9. A final plat narne/number shall be indicated before the final plat is filed, such
name/number to be approved by the Planning Director/designee.
10. Appropriate road name(s) shall be indicated.
11. The applicant shall develop subject property in strict confonnance with the site plan
presented to the Hearing Body on April 14, 1983. All aspects of the concept and
proposal shall be binding on the development, including proposed use. Variations, to be
approved by the Planning DirectorJdesignee, shall only be allowed to meet regulation
standards and conditions of approval. Any other modification must be presented to the
Hearing Body for review and approval.
12. The final plat map shall indicate by a clear, dashed line the required yard setbacks from all
private, "Tract X" or public mads. The dedication shall contain the following statement:
"Side yard and rear yard setbacks shall be detemuned at the time building pernuts are
requested unless these setbacks are specifically drafted on this final plat. The setbacks
indicated on this plat may be varied from if proper zoning approvals are obtained."
13. T1ic prclirninary I)Iat is bivcn an cxlcrtsioti of tinic for onc ycar froni thc datc of this
decision , specifically to June 1, 1994.
14. Appropriate uelity easements shall be indicated on copies of the proposed final plat.
Written approval of utility easements by appropriate utility companies shall be received
with the submittal of the fitial plat.
15. Three (3) current certificates of title shall be furnished to the Planning Department prior to
filing the final ptat.
16. Prior to filing of all or a portion of the final plat, the applicant's surveyor shall submit one
or more maps outlined in red of the area being fin~ilized. The scale shall match the
appropriate assessor's map scale.
17. The Spokane County Planning Department shall prepare and record wittl die County
Auditor a Title Notice specifying a future land acquisition area for road right-of-way and
utilities. The reserved future acquisition area Title Notice shall be released, in full or in
,
. Extenslon of Time Findings PL-1414-81 Page f
part, by the Planning Departrtierit. Z'he notice shoulci he recorded within the sarne time
frame as an appeal and shall provide the following:
a. At least 10 feet along Mission Avenue and 5 feet along Barker Road shall be
designated as reserved future acquisition area for road right-of-way and utilities, in
acidiaon to the existing andlor newly dedicateti right-of-way along Mission Avenue
and Barker Road. NQTE: The County Engineer has required 10 feet of dedication
along Mission Avenue and 15 feet of dedication along Barker Road.
b. Future building and other setbacks required by the Spokane County Z.oning Code
shall be measured from the reserved future accliiisition Zrca.
c. No required landscaping, parking, '208' areas, drainfield or allowed signs shoulcl
be located within the future acquisition area for road right-of-way and utilities. If
any of the above improvements are made within this area, they shall be relocated at
the applicant's expense when madway improvemenis are made.
d. The future acquisition area, until acquired, sliall be private property and inay be
used as allowed in the zone, except that any improvements (such as landscaping,
parking, surface drainage, drainfield, signs or others) shali be considered interim
uSeS.
e. Zlie property owner shall be responsible for relocating such "interim" improvements
at the time Spokane County makes roadway improvernents after acquiring said
future acquisition area.
18. The plat dedication shall contain the foilowing statement for those lots located on a
temporary cul de sac/stub road:
"Lot(s) , Block(s) are located on a temporary cul-de-
sac/stub road. This temporary cul-de-sac/stub road may be extended to provide access to
adjacent property and/or connect to existing roads or new roads as development and/or
circulation needs dictate."
19. The finai plat shall indicate yard setback arc lengths on ciil-de-sac lots which rlieet or
exccccl 1he rniciii»u>>i frontilbC UI lI1C U11(JCI'Iylllg "LUIIt; UI ille 1llliil pIal.
20. A plan for water facilities adeqtiate for doinestic service arid fire protec;tion shall be
appraved by the water purveyor, appropriate fire protecrion district, County Building &
Safety Department and County Ilealth District. The agencies will certify on the Water
Plan, prior to the filing of a final plat, that the plan is in conformance with their respective
needs and regulations. The Water Plan and certification shall be drafted on a transparency
suitable for reproduction and be signed by the plat sponsor.
21. The water purveyor shall eertify that appropriate contractual arrangements and schedule of
improvements have been made with the plat sponsor for construction of the water system
in accordance with the approved Water Plan. The time schedule shall provide for
completion of the water system and inspection by the appropriate tiealth authorities prior
to application for building permits within the final plat. The arrangements or agreements
shall include a provision holding Spokane County and the purveyor harmless from claims
by any lot purchaser refused a building permit due to the failure of the subdivision
sponsor to satisfactorily complete the approved water system.
22. The final plat dedication shall contain the following statement:
"The public water system, pursuant to the Water Plan approved by county and state healtti
authorities, the local fire protection district, County Building & Safety Department and
water purveyor, shall be installed within this subdivision or binding site plan, and the
aprlicant shall pmvide for individiial doriiestic water scrvice tts well tts fii-c prntectiori to
each lot prior to sale of each lot and prior to issuance of a building permit for each lot."
23. No building peRnit will be issued for any lot within the final plat until certified by a
Washington state-licensed engineer that "the water system has been installed pursuant to
the aprroved Water Plan for the final plat," including a signed license stamp. The
certification may be in the form of a letter, but is preferred to be certified on a copy of the
Water Plan as a schematic map showing the "as-built" water system.
24. The Water Plan and the above conditions of approval regarding the Water Plan may be
waived by the Planning Director/designee upon receipt of letters from the appropriate
wa[er purveyor and fire protection district stating that simple connections to an existing,
,
'
Extension of Time Findings PE-1414-81 Page 7
approved water system will provide adeqtjate dorneslic and fire protection water to ensure
the public health, safety and general welfare.
25. A survey is required prior to the filing of a final plat.
26. Approval is required by the Planning Director/designee of a specific lighting and signing
plan for the described property prior to the release of any building pemuts.
27. Direct light from any exterior area lighting fixture shall not extend over the property
boundary.
28. A specific landscape plan, planting schedule and provisions for maintenance acceptable to
the Planning Director/designee shall be submitted with a performance bond for the project
prior to release of building permits. LandSCaping shall bc installed and mztintaincd so that
sight distance at access points is not obscured or impaired.
29. The PUD binding site plan shall indicate all exterior boundary setbacks, as well as
setbacks from roadways and individual lot lines.
30. A copy of the homeowners/property owners' association articles of incorporation and/or
bylaws andJor covenants and restrictions, together with any other provisions for
maintenance of common areas and facilities, shall be submitted for review and appraval to
the Planning Department prior to finalizing.
31. The Owner shall negodate with the Central Valley School District and the Spokane
County Parks Department and submit a recorded copy of the agreement rnaking
provisions for public schools and parks prior to finalization and recording of this plat.
The agreement shall provide a written description of the subject property to which the
agreement applies and also state the doliar amount and a.ny other agreed to mitigating
measure(s).
The Owner shall also notify any potential purchasers who have made an agreement to ~
purchase property within said plat pursuant to the Revised Code of Washington ~
(58.17.205), that appropriate provisions for school facilities and public parks must be
made conditioned on a future agreement between the plattor, school district, and County
Parks Department.
Vofunt;ry uburc:uic:iilti I>ctwCC;it ihc; Owiicr iiticJ Schcx>I Disu-ic:t arid Spuka>» Cuuncy I'<<rks
Department shall conforrn to the requirements of the Revised Code of Washington
Chapter 82.02.
32. The Planning Department shall prepare and record with the Spokane County Auditor a
'I'itle Notice noting that the property in question is subject to a variety of special
conditions imposed as a result of approval of a land use action. This Title Notice shall
serve as public notice of the conditions of approval affecting the property in question.
The Title Nocice should be recorded within the same time frame as allowed for an appeal
and shall only be released, in full or in part, by the Planning Department. The Title
Notice shall generally provide as follows:
The parcel of property legally described as is the
subject of a land use action by a Spokane County Hearing Body or
Administrative Official on , imposing a variety of special
development conditions. File No. is available for
inspection and copying in the Spokane County Planning Department.
33. The owner/applicant shall coordinate with the local Fire District and the Fire Marshall to
insure that adequate access is provided for emergericy services.
34. Phasing shall be approved by all reviewing departments. Phasing may be modified by thc
Ptanning Department upcm recommendations from county or state agencies/departments that
propoSed rhasing creates impacts, which can he reciuced or elirninated hy altering size of
sc;hr,ciulc. MitigilLlllb I111pilC1S OI 1I'i1I IIC ancl schools tihall he consiclered 1-oI- approval of eacli
phase of development.
35. Each final plat dedieation shall make reference to the Home Owners Aswiation agreer»erits
as a nodce to potential lot purchaser of the responsibiliees of lot ownership within the
subdivision.
F.xtension of Time Finc3ings PF-1414-R 1 Pafic R
SPOKANE COUNTY DIVISION UF ENGINEERING AND ROADS (UPDATED)
Prior To I$suance Of A B il in Permic (h- Use Of The Proverty As-Provosed;
1. All previously imposed cond.itions are still applicable.
2. The County Arterial Road Plan identifies Barker Road as a Principle Arterial and Mission
Avenue as a Minor Arterial. 'I'he exis[ing right-of-way widths are not consistent with
those specified in the Plan. In order to implement the Arterial Road Plan, in addition to
the required right-of-way dedicaeon, a strip of property 5 feet in width along Barker
Road and 10 feet in width along Mission Avenue shall be set aside in reserve. This
property may be acquired by Spokane County at the rime when arterial improvements are
made to Barker Road and Mission Avenue.
3. As per the original conditions of approval:
" A traffic analysis of each phase will be required of the developer and reviewed by Spokane
County prior to plat finalization. This analysis will be coordinated with the State of
Washington Department of Transportatiori. A traffic analysis for each phase will serve as a
basis for the evaluation of the need for traffic control devices at Barker Road and Mission
Avenue. Should the analysis determine a need for intersection upgrading, the developer will
be assessed a proportionate share for the required improvements.
4. Prior to any plat checking of Riverway Villa for phased finalization of the plat the
aforementioned analysis shall be completed.
SPOKANE COUNTY DIVISION OF UTILITIES (UPDATED)
1. Pursuant to the Board of County Commissioners Resolution No. 80-0418, the use of on-
site sewer disposal systems is hereby authorized. This authorization is conditioned on
compliance with all rules and regulations of the Spokane County Health District and is
further conditioned and subject to specific application approval and issuance of permits by
the Health District.
2. The dedicadon shall state:
~
"The owner(s) or successor(s) in interest agree to authorize the County to place their
name(s) on a petition for the formation of ULID by petition method pursuant to RCW
36.94, which petition includes the owner(s)' property; and further not to object by the
signing of a protest petiaon against the forniation of a ULID by resolucion rnethod
pursuant to RCW Chapter 36.94 which includes the owner(s)' property. PROVIDED, I
this condition shall not prohibit the owner(s) or successor(s) from objecting to any
assessment(s) on the property as a result of improvements called for in conjunction with
lhc forniation of a ULLD by either petition or resolution method under RCW Chapter
3b.94."
3. Any water service for this project shall be provided in accordance wit}i the Coordinated
Water System Plan for Spokane County, as amended.
4. The dedication shall state: "Each new dwelling unit shall be double-plutxlbed for
connection to future areawide collection systems."
5. A dry sewer connection to the future areawide sewerage system shall be constructed.
Plans and specifications for the dry sewer connection shall be reviewed and approved by
the Utilities Departrnent.
6. Applicant shall make connection to public sewer system. Sewer connecdon permit is
required. Plans and specifications are to be reviewed and approved by the Utilities
Departme n t.
7. The 371ots proposed for Riverway Villa First Addition is authorized for the use of on site
disposal systems.and shall provide double plumbing and a dry sewer. Any future phases of
Riverway Villa shall connect to an interim public system or connect to a permanent public
sewer facility. Riverway Villa First Add.ition shall connect to the interim facility or public
sewer when available.
,
Extension of Time Findings PE-1414-81 Page 9
Si'OKANF, ('OtJNTY Hi;AI,TiI I)ISTRI('T (iII'I)ATri))
1. The tinal plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
2. Appropriate utiliry easements shall be icidicated on copies of the preliminary plat of recorci
for distribution by the Planning Department to the utility companies, Spokane County
Engineer and the Spokane County Health District. Written appmval of the easements by
the utility companies must be received prior to the submittal of the final plat.
3. Sewage disposal method shall be as authori7zd by the Director of Utilities, Spokane
Caunty.
4. Water service shall be coordinated throtigh the Director of Utiliees, Spokane County.
5. Water service shall be by an existing public water supply wllen approved by the Regional
Eng-ineer (Spokane), State Department of Health.
6. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the
Spokane County Health District that an adequate and potable water supply is available to
each tract of the plat.
7. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
8. A plan for water faciliaes adequate for domestic use, domestic irrigation use and fire
pmtection use shall be approved by the water purveyor. Said water plan must have been
approved by the fire protection district and the appropriate health authorities. The health
authorities, water supplier (purveyor) and the fire protection district will certify, prior to
the filing of the final plat, on the face of said water plan that the plan is in confomiance
with their requirements and will adequately satisfy their respective needs. Said 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 atrangements 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 arrangements will include a provision
holding Spokane Counry/City of Spokane, Spokane County Health District and the
purveyor harniless from claims by any lot/tract purchaser refused a building pernut due to
failure of the plat sponsor to satisfactorily complete the approved water system.
10. Subject to specific application approval and issuance of permits by the health officer, the
use of individual on-site sewage disposal systems may be authorized for 37 units of
blocks 1-6 (Riverway Villa First Addition).
11. A public sewer system will be made available for the remainder of the plat, and individual
scrvicc will be provicied tu eaeti lot prior to sale.
12. The dedicatory language of the plat will state: "Subjec;t to specific application approval
and issuance of permits by the Health Officer, the use of on-site sewage disposal systems
may be authorized for 37 units of blocks 1-6 (Riverway Villa First Addition)."
13. A statement shall be placed in the deriication to the effect that: "A public sewer system
will be made available for ttie remainder of the plat and individual service will be provided
to each lot prior to sale."
14. The dedicatory language on the plat shall state: "Use of private we11s and water systems
is prohibited." 1
15. The final plat dedication shall contain the following statement: "The public water system,
pursuant to the water plan approved by county and state health authorities, the local fire
protection district, County Building and Safety Department, and water purveyor, shall be
installed within this subdivision and the applicant shall provide for individual domesric
water service as well as fire protection to each lot/tract prior to sale of each loVtract and
prior to issuance of a building permit for each tract."
,
Extension of Time Findings PE-1414-81 Page 10
SPOKANE COUNTY DIVISION OF BUILDIN(iS (UPDATED)
1. The applicant shall contact the Department of Buildings at the earliest possible stage of
design/development in order to be infonned of code requirements administeredlenforced
as authorized by the State Building Code Act. Design/development concerns include: fire
apparatus access roads; fire hydrant/flow; approved water systems; building accessibility;
construction type; occupancy classificaaon; exiting; exterior wall protection; and energy
code regulations.
WASHINGTON STATF DEPARTMENT nF TRANSPORTATION
PRIOR TO APPROVAL OF ANY FINAL PI_AT:
1. A traffic analysis shall be prepared for ttle Barker Road interchange and shall contain the
following elements:
a. Site Map (illustrating the complete circulation system)
b. Vicinity Map(s) (illustrating traffic distribution)
c. Existing Transportation Conditions
1. Existing average daily traffic
2. Existing AM and PM peak hour level of service
3. Existing AM and PM peak hour turning movements
d. Projected Transportation Conditions with this Development
1. Projected Average Daily Traffic
2. Projected AM and PM peak hour level of service
3. Projected AM and PM peak hour turning movements
e. Recommended mitigating measures
1 Mitigating measures sufficient to maintain existing Level of Service "D"
2. If the existing Level of Service "D" cannot be maintained a justification should
be included
NOTE: The ITE (Institute of Transportation Engineers) Trip Generation Manual (Sth Edition)
shall bc; use;d as u biisis tc> cornputc u-ip gc:►icration ratc:s ot the proposeci clevelopnients.
2. That the applicant agree to fund and construct the necessary mifigating measures as outlined
in the above traffic study. These mitigating measures must be approved by both WSDOT anc
Spokane County Engineers prior to the issuance of any building permits for this property.
3. Due to the trip generaeon potential, any further development other than what is proposed will
require further review by WSDOT to assure additional tr-ips are safely accommocjated.
~
DATED THIS DAY OF MAY, 1993.
/
ALLI D. PPA RD ~ .
DTR FC'TOR
For: Thomas Veljic, Planner I
Under state law and counry ordinance, you have the right to appeal this decision to the Spokane
County Hearing Examiner Committee. Upon receipt of an appeal, a public hearing will be
scheduled. To file such an appeal, you must submit a letter along with the appropriate processing
, • •
Extension of Time Findings PE-1414-81 Page 11
fee payable to the Spokane County Planning Department, within ten (10) caiendar days from the
date this decision is signcd.
If you have any questions, please call the Planning Department at 456-2205.
c: County Engineer
County Utilities
County Health Di strict
County Builciing & Safety
County Parks
Department of Transportation
Central Valley School District
"I'rinily l:111crpc-iscti, 2128 Nc~rth I'incs, Sui(c 17 .Spokaiic, W/1 99206
John Clardy, P O Box 762, Deer Park, WA 99(})6
North Idaho Engineering, 4200 West Seltice Way, Coeur d'Alene, ID 83814
: . ~
BEF4RE SPOKANE C4UNTY PLANNING DEPARTMENT
IN THE MATTER OF AN EXTENSION )
OF TIME REQUEST FOR PE-1414-81 ) FINDINGS UF FACT
AND ZE-92-51, RIVERWAY VILLA, AN ) CONCLUSI(}NS ANU
APPROVED PRELIMINA,RY PLAT ) DECiSION
WITH PUD OVERLAY, PUDE-1-81 )
THIS MATTER, a request for an extension of time from North Idaho Engineering has been
received and decided upon, pursuant to Spokane County Subdivision regulation (Chapter III,
Section G) and RCW 58.17.140.
FINDINGS OF FACT AND CONCLLISIONS
1. The individual signing below has been properly delegated the responsibility for rendering
this decision by the Spokane County Director of Planning.
2. The subject preliminary plat and Planned Unit Development concept plan was approved by
the Hearing Examiner Committee on Apri12, 1982. The sponsor submitted a final
development plan for the southern portion of the site and change of conditions which was
approved by the Hearing Examiner Committee on April 14, 1983
The development consisted of a manufactured home subdivision on 118 acres far 365 lots
including open space and one commercial lot. The proposed plat was accompanied by a
rezone from AgriculturaI (A) to Residential Manufactured Home (RMH) with Planned Unit
Development under the, now expired, Spokane County Zoning Ordinance.
A final development plan and change of conditions were approved by the Hearing
Examiner Committee at a second public hearing. The approved final development plan was
for the southern portion of the site and consisted of a maximum of 178 lots on
approximately 50 acres. A final development plan for the remaining northern portion af the
site would require a public hearing.
3. The proposal is generalty located south of the Spokane River, east of Barker Road, and
north of Mission Avenue in Section 8, Township 25 Nortti, Range 45 E.W.M., Spokane
County, Washington.
4. The existing zoning of the property described in the application is Urban Residential-3.5
(UR-3.5), previously established as Agricultural (A) zoning in 1957 (ZE-286-57) and
redesignated to Urban Residential-3.5 (UR-3.5) on January 1, 1991 consistent with the
Program to Implement the Spokane County Zoning Code.
The proposal also requested a zone reclassification which would correspond to the Urban
Residential-7 (L1R-7) zone under the current councy zoning regulations. The proposed
development is consistent with Urban Residential-7 (UR-7) density standards however, it
has not been reviewed for consistency with all cunent development standards.
5. The Comprehensive Plan designates this area of the preliminary plat as Urban, and the
location is within the Priority Sewer Service Area. The Comprehensive Plan designation
remains the same since the original preliminary plat approval.
6. Spokane County has established specific criteria for considering the extension of time for
the expiration of preliminary subdivisions, specifically for regular subdivisions, and
depa.rtment policy for short subdivisions. These criteria are found in Chapter III, Section
G of the Spokane County Subdivision Ordinance and have been used as a basis for this
decision.
Section G states, "Approval of a preliminary subdivision shall automatically expire three
years after preliminary approval is granted unless a time extension is applied for." and
follows with "Upon application for time extension , the Planning Director or designee may
administratively approve extensions for up to three (3) year periods provided at least one of
the following circumstances is fount to apply:" The following are the relevant sections of
Section G and the Planning Depa.rtment response:
. . ~
Extension of Time Findings PE-1414-81 page 2
1. That some portion of the existing preliminary plat has been finalized since the last
extension was granted and the remaining lots would fomi a unified development
consistent with the original approval;
]RESP'ONSE: The owner has been granted five (S) extensions of tirne since the
original approval by the Hearing Examiner Comriiittee on April 2, 1982. No portion
of the site has been finalized and recorded as a final plat.
2. That the preiiminary plat as approved remains consistent with the Generalized
Comprehensive Plan for Spokane County insofar as density AND other development
provisions apply, and the sponsor has taken substantial steps towards finalizing his
piat, which shall include but not be limited to:
a. surveying the lots within the development,
b. arranging for public services to the site,
c. obtaining necessary fitlancing for all or a portion of the preliminar-y plat,
d. the completion of studies or other requirements which were part of preliminary
plat appmval;
JZESF~,NSE: There has not been any plat activity since the last time extension was
granted on January 13, 1992. A draft final plat for 37 residential lots ~Ind 2 common
lots was attached to the extension of time application but no formal suhmittal has been
made or final plat fees collected.
3. That at the time preliminary approval was granted, development of t}le proposal was
conditioned upon the extension of ptibiic services which are not yet available. This
provision shatl not apply to public ucility extension which the project sponsor would
normally fund.
RESPONSE: Does not apply. I
7. No additional conditions have been recommended by the variolis reviewing agencies and
departments, including the County Engineer s Office, County Health District, County
Utiliries and the Department of Building & Safety. The Central Valley School District
356) has submitted comments and indicated that existing school facilities are at capacity.
8. This is the fifth reyuest for a time extension. The total life of the preliminary plat has been
approximately eleven (11) years:
April 1982 to April 1983 Preliminary approval and change of conditions
April 1983 to April 1986 Three years granted with change of conditions I
November 1986 to December 1988 2 years
December 198$ to January 1990 2 years
January 1990 to January 1992 2 years
January 1992 to January 1993 1 year
9. The following facts are also relevant.
a. A portion of the site falls under the jLirisdiction of tlie Wasfiirigton State Shoreline
Management Act, RCW 90.58, and the Spokane Cotinty Shoreline Prograrn, WAC
173- I 9-400.
b. The extension of ticne request was incomplete insof(u as the entire site was riot
included for consideration. The applicant requested an extension of time for the
southern one half of the site. 'Ihe Planning Department notified the applicant of the
error and an addendum to the application was submitted on February 26, 1993.
1(}. The applicant/owner has not shown compliance with Chapter III, Sectian G, of the
Subdivision Ordinance therefore, this time extension is not justified.
DECISION
BASED UPON TI-IE nQOVE Findings of Fact and Conclusions, an extension of time request for
application PE-1414-81, Riverway Villa, is hereby DENIFI?.
J
. . ~
Extension of Time Findings PE-1414-81 Page 3
DAT'ED THIS. DAY OF MARCH, 1993.
. .
PAUL JENSEN, SENIOR PLANNER
f
For Thomas Veljic: Planner I
Under state law and caunty ordinance, you have the right to appeal this decision to the Spokane
County Hearing Examiner Committee. Upon receipt of an appeal, a public hearing will be
scheduled. To file such an appeal, you must submit a letter along with $200 processing fee
payable to the Spokane County Planning Department, within ten (10) calendar days from the date
this decision is signed.
If you have any quesrions, please call the Plannirtg Department at 456-2205.
c: County Engineer
County Ucilities
County Health District
County Building & Safety
Trinity Enterprises, North 2128 Pines, Stiite 17-9, Spokane, WA 99206
John Clardy, P O Box 762, Deer Park, WA 99006
North Idaho Engineering, West 420() Seltice Way, Coeur d'Alene, ID 83814
I
~
. ,
BEFORE SPOKANE CUUN'I'Y PLANNING DEPARI'MENT
IN THE MATTER OF AMENDING AN )
EXTENSION OF TIME REQUEST FOR )
PE-1414-81, ZE-92-81, PUDE-1-82 ) FINDINGS 4F FACT
RYVERWAY VILLA, A PRELIMINARY PLAT ) CONCLUSIONS AND
WITH PLANNED UNIT DEVELOPMENT } DECISION
OVERLA'Y ZONE )
THIS MATTER, AMENDING the Extension of Time, for PE-1414-81, Riverway V illa,
pursuant to Spokane County Subdivision regulation (Chapter III, Section G) and RCW
58.17.140. The changed or amended findings and conditions are shown below in
bold itulics type.
FINDINGS 4F FACT AND CONt;I.USIONS
1. The individual signing below has been properly delegated the responsibility for rendering
this decision by the Spokane County Director of Planning.
2. The subject preliminary plat and Planned Unit Development concept plan was approved by
the Hearing Examiner Committee on Apri12, 1982. The development consisted of a
manufactured home subdivision on 118 acres for 3651ots incluciing open space and one
commercial lot: The propased plat was accompanied by a rezone from Agricultural (A) to
Residential Manufactured Home (RMFI) with a Planned Unit Development Overlay zone
and one Commercial (C) txact under the now expired, Spokane County Zoning 4rdinance.
The sponsor submitted a final development plan with a Change of Conditions for the
southern portion of the site which was approved by the Hearing Examiner Committee on
April 14, 1983. The approved final development plan for the southern portion of the site
consisteci of a maximum of 178 lots on approximately SU acres.
The Hearing Examiner Committee required a final development plan for the northern
porrion of the site within three years of the approval for the Change of Conditions, by May
1, 1986, or the preliminary status of the northern portion of the site would become null and
void.
The Planning Deparnnent denied the fifth, and most recent, request for an extension of time
and the applicantiowner filed an appeal. 7n the interim, before the public tiearing on the
appeal, the applieant/owner provided additional information concerning final plat submittal.
7'he applicantlowner did submit copies of the final plat for review but did not pay the
appropriate fee. Based on the final plat submittal, the Spokane County Planning
Department has reconsidered the decision, dated March 4, 1993, to deny the extension of
time request. The Pianning Department approved u fime extension with
conditions and eliminated preliminary approval for the northern partions of
the preliminary plat of record based on conditions attached to the Hearing
Examiner Commiltee Findings and Decision dated April 2, 1983 , requiring
a final development plan for the northern portions of the site be submitted
for review by the Committee by May 1, 1986.
The owner/applrcant ,filed an appeal to the Spokane County Hearing
Examiner Committee of the PYantiing Departmetit's reconsidered Findirrgs
and Decision dated May 24, 1993. T'he owiter/applicatil alsu submitted a
written arialysis shuwing that ihe numerous tirne exter:sion applrcations
. were for the entire project and each extension was granted for the entire
preliminary plact of record. However, a Fiyial Planned Uriit Development
(PUD) Plan for the northern portivn vf the site J'eas never been submitted
for review and approval consistent with the adopted Planned Unit
Development standards. Any additiorial extensions of time should be
conditioned for afinal development plan ort the northern portions of the
prelimittary plat oj record.
3. The proposal is generally located south of tlie Spokane River, east of Barker Road, and
north of Mission Avenue in Sectiocl8, Township 25 Nortti, Range 45 E.W.M., Spokane
County, Washington.
Revised Extension of Time Fiiidings PE-1414-81 page 2
4. The existing zoning of the property described in the applica[ion is Urban Residential-3.5
(UR-3.5), previously established as Agricultural (A) zoning in 1957 (ZE-286-57) and
redesignated to Urban Residential-3.5 (UR-3.5) on January 1, 1991 consistent with the
Program to Implement the Spokane County Zoning Code.
The proposal also included a zone reclassif'ication under, the now expired, Spokane County
Zoning Ordinance which would correspond to the Urban Residential-7 (UR-7) and
Community Business (B-2) zone(s) under the current Spokane County Zoning Code. The
proposed development, includit:g the northern porhon of the preliminary plat
of record, has not been reviewed for consrstency with the density standards
of the Urban Residential-7 (UR-7) zone or with other development standards
since the county-wide zoning redesignation on January 1, 1991. Any development of the
proposed plat and Planned Unit Development should conform to current Zoning, Planned
Unit Development, and Subdivision standards.
The applicant/owner should pravide a revised final Planned Unit Development plan which
shows conformance to the Urban Residential-7 (CTR-7), Manufactured Home, and Planned
Unit Development (PUD) standards of the Spokane County Zoning Code for review by the
appropriate agencies. The overall development plan shall be submitted and approved prior
to any final plat approval.
5. The Comprehensive Plan designates this area of the preliminary plat as Urban, and the
location is within the Priority Sewer Service A.rea. The Comprehensive Plan designation
remains the same since the original preliminary plat approval.
6. Spokane County has established specific criteria for considering the extension of time for
the expiration of preliminary subdivisions, specifically for regular subdivisions, and
department policy for short subdivisions. These criteria are found in Chapter III, Secdon
G of the Spokane County Subdivision Ordinance arld have been used as a basis for this
decision.
Section G states, "Approval of a preliminary subdivision shall automaacally expire three
years after preliminary approval is granted unless a time extension is applied for." and
follows with "Upon application for time extension , the Planniilg Director or designee may
administratively approve extensions for up to three (3) year periods provided at least one of
the following circumstances is found to apply:" The following are the relevant secdons of
Section G and the Planning Department response:
1. That some portion of the existing preliminary plat has been finalized since the last
extension was granted and the remaining lots would fomi a unified development
consistent with the original approval.
RESPUN~E_: The owner has been granted five (5) extensions of ame since the
original approval by the Hearing Examiner Committee on April 2, 1982. No portion
of the site has been finalized and recorded as a f nal plat.
2. That ttie preliminary plat as approved remains consistent with the Generalized
Comprehensive Plan for Spokane County insofar as density and other development
provisions apply, and the sponsor has taken substantial steps towards finalizing his
plat, which shall include but not be limited to:
a. surveying the lots within the development,
b. arranging for public services to the site,
c. obtaining necessary financing for all or a portion of the preliminary plat,
d. the completion of studies or other requirements which were part of preliminary
plat approval;
RESPONSE: In the decision to deny the fifth request for an extension of time the
Spokane County Planning Department found no significant plat activity since the last
time extension was granted on January 13, 1992. However, following the submittal
of the appeal the applicant/owner has shown that some recent effort was made but
nonpayment of the final plat review fee delayed final plat review by the Spokane
County Planning Department.
3. That at the time preliminary approval was granted, development of the proposal was
conditioned upon the extensiocl of public services which are not yet available. This
provision shall not apply to public uality extension which the project sponsar wauld .
nornially fund.
RESP4N,SE: Does not apply.
Revised Extension of Time Findings PE-1414-81 Page 3
The Spokane Caunty Planning Department does find that the statutory limits for
preluninary plat approval have been exceeded and, though local regulation has considerably
more flexibility for consideration for time extensions, any future time extensions should be
denied if significant steps are not taken by the applicant/owner to finalize some portion of
the preliminary plat of record prior to expiradon of this time extension.
7. Updated conditions have been submitted by the various reviewing agencies and
departments, including the County Engineer`s Office, County Health District, County
Utilities, Washington State Department of Transportation and the Department of Building
and Safety and are attached as part of this decisron.
8. The Central valley School District No. 356 has commented on the proposed time extension
for Riverway Villa. The District has indicated that existing school facilities are inadequate
to serve the proposed plat and wishes to negoaate with the owner to provide adequate
capital facilities as required by the Revised Code of Washington (RCW) 58.17.110.
Review by County legal counsel indicates the condition reyuested by the School District
can be required for developments. Approval of this tifne extension should include
conditions reyuiring that provisions for appropriate facilities be in place prior to recording
the final plat in the form of a written agreecnent between the owner and the school district.
9. The Spokmle County Parks Department has cotnmented on the proposed time extension for
Riverway Villa. The Parks Department has requesteci a voluntary agreement be completed
between the Parks Deparrment and the property owner to mitigate impacts to the County
Park system. County legal counsel has indicated such agreements can be required. The
Parks Department recominends the Propcrty owner negotiate with the Spokane County
Parks Department to provide for appropriate capital facilities as required by the Revised
Code of Washington (RCW) 58.17.110. Approval of this plat should include condiaons
requiring that provisions for appropriate facilities be in place prior to recording this final
plat in the form of a written agreement between the owner and the Spokane County Parks
Department.
10. This is the fifth request for a time extension. The total life of the preliminary plat has been
approximately eleven (11) years:
April 1982 to April 1983 Preliminary approval and change of conditions
April 1983 to April 1986 Three years granted with change of conditions
November 1986 to December 1988 2 years
December 1988 to January 1990 2 years
3anuary 1990 to ranuary 1992 2 years
January 1992 to January 1993 1 year
11. The following facts are also relevant.
a. A part of the northern portion of the approved preliminary plat of record fell
under the jurisdiction of the Washington State Shoreline Management Act, RCW
90.58, and the Spokane County Shoreline Program, WAC 173-19-400. Creatron
of the Washington State Centennial 7'rail along the Spokane River may
have removed portions of the site from Shorelines jurisdiction.
Review of a final Planned Zlrtrt Developmei:t for the northern portions
of the preliminary plat wouid deterrnine any portiuns of the site still
within the Shorelines area.
b. The extension of time request was incomplete insofar as the entire site was not
included for consideration. The applicant requested an extension of time for the
southern one half of the site. The Planning Department nodfied the applicant of the
error and an addendum to the applicapon was submitted on February 26, 1993.
c. The site is located wilhin an area of Spokane County which was
recently reevaluated by lhe Washinglun State Health Bvard on June 9,
1993, for removal of an exemption from sewerage standards (WAC
246-272-100). The srte is located within the previous exemption
boundary which is also designated as the Priority Sewer Service Area
(PSSA). The site would not be located within the new exemption
boundary which takes effect on January 1, 1994. Any future time
extension requests may be affected by the icew exernptiorc buundary.
12. Recognizing the recommended conditions and Spokane County development standards, the
proposed subdivision makes appropriate provisions for the public health, safety and
. ,
Revised Extension of Time Findings PE-1414-81 Page 4
general welfare and that the public use and interest will be served by platting the proposed
subdivision.
The subdivision proposal is generally coilsistent witti RCW 58.17 and the County
subdivision regulations, promoting the public health, safety and general welfare in
accordance with standards established by the state and Spokane County. The Planning
Department has considered the provision of public facilities as cited in RCW 58.17.110
(2). More specifically:
a. open spaces
b. dra.inage ways
c. public andJor private rights-of-way
d. transit
e. potable water
f , sanitary waste disposal
g. parks and recreation facilities
h . playgrounds
i, scliools and sclioolgrotinds
j . sidewalks
13. The site is located within the Public Transit Benefit Area (PTBA). Route #18, Broadway
Feeder, provides connecting service to the Valley park and ride lot located on University
Avenue.
14. The Spokane County Arterial Koad Ylan identif es Barker KUad as a Priilciple Arterial auid
Mission Avenue as a Minor Arterial. The existing roadway width is inconsistent with that
specified in the Arterial Road Plan. In order to implement the Plan the County Engineer
has requested a 5 foot reserve strip along Barker Road and a 14 foot reserve strip along
Mission Avenue to be designated as a Future Acquisition Area. Preliminary plat approval
also required dedicarion of an additional 10 feet of right-of-way on Mission Avenue and 15
feet on IIarker Road. Sidewalks are reyuired along the arterial roads fronting and within
the plat.
The Washington State Department of Transportation has recommended conditions to
mitigate impacts to the Barker Road interchange. Those recommendations have beeil
incorporated into this decision.
15. The proposed plat will be served by a public water systein. Waste water disposal will be as
authorized by the Director of Utilities.
16. The applicant/owner has shown a recent attempt to comply with Chapter III, Section G, of
the Spokane County Subdivision Ordinance therefore, additional time extension of one year
is justified to allow completion of Riverway Villa First Addicio».
DEL'ISION
BASED UPON TIIE ABOVE Findings of Fact and Conclusions, the AMENDEI) DECISIUN
FOR AN extension of time for application PE-1414-81, Rivenvay Vil]a is hereby APPROVED
as conditioned below, until September l, 1994.
CONDI7'InNS OF AYYROVAL
SPOKANE COUNTY PLANNING DEPARTMENT (UPDATED)
1. Additional Extensions of Time shall nQt be granted unless substantial compliance witil
Chapter III, Section G, of the Subdivision Ordinance is demonstrated by the applicant;
otherwise the preliminary subdivision approval will become null and void.
2. All cond.itions imposed by the Ilearing Examiner Committee, as updated by this decision,
shall be binding on the "Applic;ant", whieh tCI-I11 Sllal] include tfle o~vner or mvners of thc;
property, heirs, assigns and successors.
3. The conditions of approval shall apply to the preliminary subdivision of record as approved
by the Spokane County Hearing Examiner Committee in the Findings of Fact,
. .
Revised Extension of Tinie Findings PE-1414-$1 Page 5
Conclusions, and Decision Dated April 14, 1983 consistiiig of 365 residential and one
commercial lot(s). Preliminary approval for the remaining (north) portion of the site
will be extended jor one year, or until September 1, 1994, to altow the
applicant/owner to submit afinal Planned Unit Development Plan for the
north one half o,f the site. The final PUD shall comply with current zoning,
PUD, and manufactured home standards. The final plat and final PUD
documents shall be submitted to the Spokane Counly Planning Deparrtment
along with the appropriate fees .
4. The proposal shall comply with the Urban Residential-7 (UR-7) with Planned Unit
Development (PUD) overlay zone(s) as amended. The proposed commercial lot shall
comply with the Community Business (B-2) zone as amended. The entire site shall comply
with the Aquifer Sensitive Area (ASA) overlay zone.
A revised Final Planned Unit Development (PUD) site plan for the south one half
shall be submitted to the Spokane County Planning Department for administrative review
and approval prior to any jnal plat submittal and review. The revised Final PUD
shall comply with current zoning, PUD, and manufactured home standards.
5. The owner/applicant shall provide a detailed site development plan for the commercial tract.
The site development plan shall be administradvely reviewed by the Spokane County
Planning Department. The proposed commercial zoning shall be implemented upon
finalization of tlie lot(s) as part of a recorded final plat. In addition, developiiient of the
commercial lot shall comply with the following:
a. Yrior to issuing any building perniits on the commercial lot, a specific site
development plan (all or part) shall be approved by the County Planning
D'uector/designee who will circulate and request corruTients from appropriate
agencies.
b. The Spokane County Planning Director shall insure compliance with the Spokane
County Zoning Code and that proper measures are made for compatibility between
existing or future adjacent land uses and with those permitted uses on the commercial ~
lot. The Planning Director shall also insure that commercial uses do not exceed those
of neighborhood and local serving reta.il or services, and consider accommodation of
"Park and Ride" space for public transit and/or transit shelters. Consideration will be
given to: building size, height, setbacks, paving, parking, drainage, landscaping,
signage, lighting, buffering of delivery traffic from residential uses with sight and
sound obscuring fencing (ie. five foot masonry wall), ingress/egress, and loading
areas.
c. The Spokane County Planning Director has the authority to present the commercial
site development plan to the Spokane County Hearing Examiner Committee at a
public hearing if proposed development is inconsistent with this decision.
6. Upon filing ihe final plat, or a portion thereof, the zone reclassification of the final plat area
shall be finalized, and the exisring zone classification shall be changed to UR-7 for the
residencial portions of the preliminary plat and B-2 for the commercial lot, consistent with
the proposed zoning approved with the preliminary plat of record.
7. The final plat shall be designed substantially in conformance with the preliminary plat of
record approved by the Spokane County Hearing Examiner Committee on April 14, 1983.
No inerease of density or number of lots shall occur without a change of condition
applicaaon submittal and approval.
8. The Planning Director/designee shall review any proposed final plat and final Planned Unit
Development Plan to ensure compliance with these Findings anci Conditions of Approval.
9. A final plat name/number shall be indicated before the final plat is filed, such name/number
to be approved by the Planning Director/designee.
10. Appropriate road name(s) shall be indicated.
11. The applicant shall develop subject property in strict conformance with the site plan
presented to the Hearing Body on April 14, 1983. All aspects of the concept and proposal
shall be binding on the development, including proposed use. Variations, to be approved
by the Planning Director/designee, shall only be allowed to meet regulation standards and
conditions of approval. Any other modification must be presented to the Hearing Body for
review and approval.
. .
Revised Extension of Tiine Findings PE-1414-81 Page 6
12. The final plat map shall ind.icate by a cleax, dashed line the required yard setbacks from all
private, "Tract X" or public roads. The dedication shall contain the following statement:
"Side yard and rear yard setbacks shall be deternuned at the time building permits are
requested unless these setbacks are specifically drafted on this final plat. The setbacks
indicated on this plat rTiay bc; varicci froin if pr-opcr zoning zipprovals M-c obtaincd."
13. The preliminary plat is given an extension of time for one year from the date of this
decision, specifically to September 1, 1994.
14. Appropriate utility easements shall be iiidicated on copies of the proposed final plat.
Written approval of utility easements by appropriate utility companies shall be received with
the submittal of the final plat.
15. Three (3) current certificates of title shall be furnished to the Planning Departiment prior to
filing the final plat.
16. Prior to filing of all or a portion of the final plat, the applicant's surveyor shall submit one
or more maps outlined in red of the area being finalized. 'nle scale shall match the
appropriate assessor s map scaie.
17. The Spokane County Planning Department shall prepare and record with the County
Auditor a Title Notice specifying a future land acquisitian axea for road right-of-way and
utilities. The reserved future acquisition area Tide Noece shall be released, in full or in
part, by the Planning Department. The notice should be recorded within the same time
frame as an appeal and shall provide the following:
a. At least 10 feet along Mission Avenue and 5 feet alo,ig Barker Road stiall be
designated as reserved future acqiiisition area for road right-of-way and utilities, in
addition to the existing and/or newly dedicated right-of-way along Mission Avenue
and Barker Road. NOTE: The County Engineer has rCyuired 10 feet of dedication
along Mission Avenue and 15 feet of dedication along Barker Road.
b. Future building and other setbacks required by the Spokane County Zoning Code
shall be measured from the reserved future acquisition area.
c. No required landscaping, parking, '208' areas, drainfield or allowed signs should be
located within the future acquisition area for road right-of-way and utilities. If any of
the above improvements are made within this area, they shall be reloc;ated at the
applicant's expense when roadway improvements are riiade.
d. The future acquisition area, until acquired, shall be private property and may be used
as allowed in the zone, except that any improvements (such as landscaping, parking,
surface drainage, drainfield, sibcis or others) shall be considered interirn uses.
e. The property owner shall be responsible for relocating such "interim" improvements
at the time Spokane County makes roadway improvements after acquiring said future
acquisition area.
18. The plat dedication shall contain the following statement for those lots located on a
temporary cul de sac/stub road:
"Lot(s) , Block(s) are located on a temporary cul-de-sac/stub
road. This temporary cul-de-sac/stub road tnay be extended to provide access to adjacent
property and/or connect to existing roads or new roads as developcnent and/or circularioii
needs dictate."
19. The final plat shall indicate yard setback arc lengths on cul-de-sac lots which rneet or
. exceed the minimum frontage of the underlying zone of the final plat.
20. A plan for water facilides adequate for domestic service and fire protection shall be
approved by the water purveyor, appropriate fire protection district, County Building &
Safety Department and County Health District. The agencies will certify on the Water Plan,
prior to the filing of a final plat, that the plan is in confoimance with their respective needs
and regulations. The Water Plan and certification shall be drafted on a transparency
suitable for reproduction and be signed by the plat sponsor.
21. The water purveyor shall certify that appropriate contractual arrangements aiid schedule of
improvements have been made with the plat sponsor for construction of ttle water system irl
accordance with the approved Water Plan. 1'he time scheciule shall provide for completion
~ Revised Extension of Time Findings PE-1414-81 Page 7
of the water system and inspection by the appropriate health authoriaes prior to application
for building pernuts within the final plat. "I'he arrangements or agreements shall include a
provision holding Spokane County and the purveyor hannless from claims by any Iot
purchaser refused a building pemut due to the failure of the subdivision sponsor to
satisfactorily complete the approved water system.
22. The final plat dedicaaon shall contain ttie following statement:
"The public water system, pursuant to the Water Plan approved by county and state health
authorities, the local fire protection d.istrict, Cvunty Building & Safety Department and
water purveyor, shall be installed within this subdivislon or binding site plan, 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."
23. No building pernut will be issued for any lot within the final plat until certified by a
Washington state-licensed engineer that "the water system has been installed pursuant to the
approved Water Plan for the final plat," including a signed license stamp. The certification
may be in the form of a letter, but is preferred to be certified on a copy of the Water Plan as
a schematic map showing the "as-buitt" water system.
24. The Water Plan and the above condirions of approval regarding the Water Plan may be
waived by the Planning Director/designee upon receipt of letters from the appropriate water
purveyor and fire protection district stating that simple connections to an existing, approved
water system will provide adequate domestic and fire protection water to ensure the public
health, safety and general welfare.
25. A survey is required prior to tttc filing of a final plat.
26. Approval is required by the Planning Director/designee of a specific lighting and signing
plan for the described property prior to the release of any building pernuts.
27. Direct light from any exterior area lighting fixture shall not exterld over the property
boundary.
28. A specific landscape plan, planting schedule and provisions for maintenance acceptable to
the Planning Director/designee shall be submitted with a performance bond for the project
prior to release of building permits. Landscaping shall be installe,d and maintained so that
sight distance at access points is not obscured or unpaired.
29. The PUD binding site plan shall sndicate all exterior boundary setbacks, as well as setbacks
fram roadways and individual lot lines.
30. A copy of the homeowners/property owners' association articles of incorporation andlor
bylaws and/or covenants and restrictions, together with any other provisions for
maintenance of common areas and facilities, shall be submitted for review and approval to
the Planning Department prior to finalizing.
31. The Owner shall negotiate with the Cenual Valley School District and the Spokane County
Parks Deparnnent and submit a recorded copy of the agreement making provisions for
public schools and parks prior to finalization and recording of this plat. The agreement
shall provide a written description of the subject property to which the agreement applies
and also state the dollar amount and any other agreed to mitigating meastue(s).
The Owner shall also notify any potential purcliasers who have made an agreement to
purchase property within said plat pursuant to the Revised Code of Washington
(58.17.205), that appropriate provisions for school facilities and public parks must be
made conditioned on a future agreement between the plattor, school district, and County
Parks Department.
Voluntary agreements between the Owner and School Distr-ict and Spokane County Parks
Department shall conform to the reyuiremeiits of the Revised Code of Washington Chapter
82.02.
32. The Planning Department shall prepare and record with the Spokane County Auditor a Title
Notice noting that the property in question is subject to a variery of special conditions
imposed as a result of approval of a land use action. This Title Notice shall serve as public
notice of the conditions of approval affecting the property in question. The Title Notice
should be recorded within the same time frame as allowed for an appeal and shall only be
released, in full or in part, by the Planning Department. The Title Notice shall generally
provide as foilows:
Revised Extension of Time Findings PE-1414-81 Page 8
The parcel of property legally described as is the
subject of a land use action by a Spokane County liearing Body or
Administrative Of ficial on , imposing a variety of special
development conditions. File No. is available for
inspection and copying in the Spokane County Planning Department.
33. The owner/applicant shall coordinate with the local Fire District and the Fire Marshall to insur.
that adequate access is provided for ernergency services.
34. Phasing shall be approved by all reviewing depai-tinents. Phasing may be modified by the
Planning Department upon recocrunendations froin county or state agencies/departments that
proposed phasing creates impacts which can be reduced or eliminated by altering size of
schedule. Mitigating impacts of traffic and schools shall be considered for approval of each
phase of development.
35. Each final plat dedication shall make reference to the Home Owners Association agreements a
a notice to potential lot purchaser of the responsibilities of lot ownership within the
subdivision.
SP4KANE COUNTY DIVISION OF ENGINEERING AND R()ADS (UPDATED)
Prior To Issuance Of A Bgilding Pennit Or Use Of The Propertv As Proposed:
1. All previously imposed conditions are still applicable.
2. The County Arterial Road Plan identifies Barker Road as a Principle Arterial and Mission
Avenue as a Minor Arterial. The existing right-of-way widths are not consistent with those
specified in the Plan. In order to implement the Arterial Road Plan, in addition to the
required right-of-way dedication, a strip of property 5 feet in width along Barker Road and
10 feet in width along Mission Avenue shall be set aside in reserve. This property may be
acquired by Spokane County at the time when arterial improvernents are rnade to Barker
Road and Mission Avenue.
3. As per the original conditions of approval:
" A traffic andlysis of each phase will be required of the developer and reviewed by Spokane
County prior to plat finalization. This analysis will be coordinated with the State of
Washington Department of Transportation. A traffic analysis for each phase will serve as a
basis for the evaluation of the need for traffic control devices at Barker Road and Mission
Avenue. Should the analysis determine a need for intersection upgrading, the developer will I
assessed a proportionate share for the required improvements.
4. Prior to any plat checking of Riverway Villa for phased finalization of the plat the
aforementioned analysis shall be cor»pleted.
SPUKANE C()UNTY DIVISIQN OF UTILITIES (UPDATED)
1. Pursuant to the Board of County Comnussioners Resolution No. 80-0418, the use of on-
site sewer disposal systems is hereby authorized. This authorization is conditioned on
compliance with all rules and regulations of the Spokane County Health District and is
further conditioned and subject to specific applicadon approval and issuance of permits by
tfle Health District.
2. The dedication shall state:
. "The owner(s) or successor(s) in interest agree to authorize the County to place their
name(s) on a petition for ttie formation of ULID by petition method pursuailt to RCW
36.94, wtiich petition includes the owner(s)' property; and further not to object by the
signing of a protest petition against the formation of a LJLID by resolution method pursuant
to RCW Chapter 36.94 which includes the owner(s)' property. PR4VIDED, this
condidon shall not prohibit the owner(s) or successor(s) from objecting to any
assessment(s) on the property as a result of improvements calleci for in conjunetion with the ~
formation of a ULID by either petition or resolution method under RCW Chapter 36.94.
3. Any water service for ttus projeet shall be provideci in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
. Revised Extension of Time Findings PE-1414-81 Page 9
4. The dedication shall state: "Each new dwelling unit shall be double-plumbed for
connection to future areawide collecdon systems."
5. A dry sewer connection to the future areawide sewerage system shall be constructed. Plans
and specifications for the dry sewer connection shall be reviewed and approved by the
Utilities Department.
6. Applicant shall make connection to public sewer system. Sewer connection permit is
required. Plans and specificadons are to be reviewed and approved by the Utilities
Department.
7. The 37 lots proposed for Riverway Villa First Addiaon is authorizeci for the use of on site
disposal systems and shall provide double plumbing and a dry sewer. Any future phases of
Riverway Villa shall connect to an interim public system or connect to a permanent public
sewer facility. Riverway Villa First Addition shall connect to the interim facility or public
sewer when available.
SPOKANE COUNTY HEALTH DISTRICT (UPDATED)
1. The final plat shall be designed as indicated on the preliminary plat of record andlor any
attached sheets as noted.
2. Appropriate utility easements shall be indicated on copies af the preliminary plat of record
for dist-ibution by the Planning Department to the utility companies, Spokane County
Engineer and the Spokane County Health District. Written approval of the easements by
the utility companies must be received prior to the submittal of the final plat.
3. 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 I-lealth.
6. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane
County Health District that an adequate and potable water supply is available to each tract
of the plat.
7. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
8. A plan for water facilities adequate for domestic use, domestic irrigation use and fire
protection use shall be approved by the water purveyor. Said water plan must have been
approved by the fire protection district and the appropriate health authoriaes. The health
authorides, water supplier (purveyor) and the fire protecdon 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 requirements and will adequately satisfy their respective needs. Said water plan and
certification will be drafted on a transparc;ncy 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 peRnits within the plat.
The contractual arrangements will include a provision holdinb Spokane County/City of
Spokane, Spokane County Healtti District and the purveyor harmless from claims by any
. lot/tract purchaser refused a buildiiig pemiit due to failure of the plat sponsor to
satisfactorily complete the approved water system.
10. Subject to specific applieation approval and issuance of permits by the health officer, the
use of individual on-site sewage disposal systems may be authorized for 37 units of blocks
1-6 (Riverway Villa First Add.idon).
11. A public sewer system will be made available for the remainder of the plat, and individual
service will be provided to each lot prior to sale.
. .
Revised Extension of Time Findings PE-1414-81 Page 10
12. The dedicatory language of die plat will state: "Subject to specific application approval and
issuance of permits by the Health Officer, the use of on-site sewage disposal systems may
be authorized for 37 units of blocks 1-6 (Riverway Villa First Addiaon)."
13. A statement shall be placed in the dedication to the effect that: "A public sewer system will
be made available for the remainder of the plat and individual service will be provided to
each lot prior to sale."
14. The dedicatory langUage on the plat shall state: "Use of private wells and water systems is
prohibiced."
15. The final plat dedication shall contain ttle following statement: "The public water system,
pursuant to the water plan approved by county and state health authorities, the local fire
protection district, County Building and Safety Department, and water purveyor, shall be
installed within this subdivision and the applicant shall provide for individual domestic
water service as well as fire protection to each lot/tract prior to sale of each lot/tract and
prior to issuance of a building permit for each tract."
SPOKANE COUNTY DIVISIDN OF BUII,DINGS (UPDATED)
1. The applicant shall contact the Department of Buildings at the earliest possible stage of
design/development in order to be infonned of code requirements admi n istered/en forced as
authorized by the State Building Code Act. Design/development concerns include: FIRE
A.PPAR.ATUS ACCESS ROADS; FIRE HYDRANT/FLOW; APPROVED WATER '
SYSTEMS; BUII..DING ACCESSIBILITY; CONSTRUCTION TYPE; OCCUPANCY
CLASSIFICATION; EXITING; EXT'ERIOR WAI.L PROTECTION; AND ENERGY
CODE REGULATIONS.
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
PRIOR TO APPROVAL OF ANY FINAL PLAT:
1. A traffic analysis shall be prepared for the Barker Road interchange aiid stiall contain the
following elements:
a. Site Map (illustrating the complete circulation system)
b. Vicinity Map(s) (illustraring traffic distribution)
c. Existing Transportation Cond.itions
1. Existing average da.ily traffic
2. Existing AM and PM peak hour level of service
3. Exisdng AM and PM peak hour turning movements
d. Projected Transportation Cond.itions with this Development
1. Projected Average Daily Traffic
2. Projected AM and PM peak hour level of service
3. Projected AM and PM peak hour turning movements
e. Recommended mitigating measures
1 Mitigating measures sufficient to maintain existing Level of Service "D"
2. If the existing Level of Service "D" cannot be maintained a justification should
be included
NOTE: The ITE (Institute of Transportation Engineers) Trip Generation Manual (Sth Edition)
shall be used as a basis to compute trip generation rates of the propased developments.
. 2. That the applicant agree to fund and construct the necessary mitigating measures as outlined
in the above uaffic study. These mitigating measures must be approved by both WSDC)T
and Spokane County Engineers prior io the issuance of any building permits for this
property.
3. Due to the trip generation potential, any further development other than what is proposed
will require further review by WSDOT to assure additional trips are safely accommodated.
_ J
Revised Extension of Time Findings PE-1414-81 Page 11
DATED THIS ~ DAY OF AUGUST, 1993.
PEDERSON
c,P'N NIOR PLANNER
For: Thomas Veljic, Planner I
~
Under state law and county ordinance, you have the right to appeal this decision to the Spokane
County Hearing Examiner Committee. Upon receipt of an appeal, a public hearing will be
scheduled. To file such an appeal, you must subaut a letter along with the appropriate processing
fee payable to the Spokane County Planning Department, within ten (10) calendar days from the
date this decision is signed.
If you have any questions, please call the Planning Department at 456-2205.
c: County Engineer
County Utilities
County Health District
County Building & Safety
County Parks
Department of Transportation
Central Valley School District
Trinity Enterprises, 2128 North Pines, Suite 17-9, Spokane, WA 99206
John Clardy, P O Box 762, Deer Park, WA 99406
North Idaho Engineering, 4200 West Seltice Way, Coeur d'Alene, ID 83814 ~
♦ •
BEFQRE SPOKANE CDUNTY PLANNING DEPARTMENT
IN THE MATTER OF AN EXTENSInN )
QF TIME REQUEST FUR PE-1414-81, ) FINDINGS OF FACT
ZE-92-81, PUDE-1-82 RIVERWAY ) CONCLUSIONS AND
VILLA AN APPROVED PRELIMINARY } DECISION
PLAT )
THIS MATTER, a request for an extensioii of time frotn H. and E. Investments has been
received and decided upon, pursuant to Spokane County Subdivision regulation (Chapter III,
Section G) and RCW 58.17.140.
FINllINGS OF FACT
1. The individual signing below llas been properly delegated the responsibility for rendering this
decision by the Spokane County Director of Planning.
2, The subject preliminary plat was approved by the Hearing Examiner Committee on Apri12,
1982 and April 8, 1983.
3. If finalization of this subc.livision does not occur prior to January 1, 1991, the existing zoning
will be changed to the appropriate 'new zone,' of the Zoning Code which may have different •
standards or uses than originally requested.
4. Spokane County has established specific criteria for considering the extension of time for the
expiration of preliminary subdivisions, specifically for regular subdivisions, and department
policy for short subdivisions. These criteria are found in Chapter III, Section G of the
Spokane County Subdivision Ordinance and have been used as a basis for this decision.
5. The Comprehensive Plan designates this area of the preliminary plat as Urban, and the
location is within the Priority Sewer Service Area. The Comprehensive Plan designation
remains the same since the original preliminary plat approval.
6. No additional conditions have been recommended by ttie various reviewing agencies and
departments, including the County Health District, County Utilities and the Department of
Buiiding & Safety. The County Planning Department and the County Engineer's Department
has recommended updated and new conditions of approval based on the new Zoning Code
and the adoption of an Arterial Road Plan.
7. This is the fourth request for a tirne extension. The total life of the prelimitiary plat has been
approximately nine years.
8. The following facts are also relevant.
a. The sponsors were advised in the 1988 and 1990 time extension approval that it would
be d.ifficult to grant future extensions without all or a portion of the subdivision being
finalized.
~
b. The sponsor has not finaiized any portion of the subdivision.
c. The County has adopted since the approval of the proposal an Arterial Road Plan (on
Apri125, 1989) and also implemented a new Zoning Code (on January 1, 1991).
d. This time extetlsion process makes provisions for updatitig conditions of approval for
the proposal which still remains consistent with County development guidelines.
C. The Riverway Villa project will take several years to develop because of its size 118
acres and over 300 residential lots. Review of the PUD approval indicated phasing was
approved to mitigate irnpacts of the proposal by reducing the number of lots to be
approved in eac}i phase.
f. The sponsor reports that Centennial Trail negotiations have taken nearly two years and
were agreed upon in October of 1991. The agreement necessitates revision of a portion
of the project.
g. The proposal was originally approved for interim on-site sewage disposal until public
sewers are made available to the site. The sponsor reports working with the County
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Extension of Time Findings PE-1414-81 Page 2
Utilities Department to evaluate direct connection to the County Sewer System. The
feasibility of such a connection is to a large degree dependent on the extent and location
of interception lines constructed in 1992-1993.
h. The redesign of the proposal caused by both the Centennial Trail and use of county
sewer would rnost likely require a public hearing.
9. This extension of time is granted based upon minimal progress, but due to circumstances
beyond the applicant's control, several of which still exist since the last time extension was
issued on January 8, 1990. Most serious reexamination of progress toward finalizing should
be shown or future extensions will likely not be granted.
CONCLUSIONS
BASED UPON A REVIEW of (a) the criteria for approving an extension of time of the expiration
date for a preliminary plat and (b) the above Findings of Fact, the following conclusions are made.
1. The Comprehensive Plan has not changed since the original approval of this proposal.
2. New cond.itions have been recommended and included with this appmval by the County
Planning Department and the County Engineer's Department.
3. The applicant/owner should show substantially greater progress toward complying with
Chapter III, Section G, of the Subdivision Ordinance before requesting an additional .
extension of time.
DECISIUN
BASED UPON THE ABOVE Findings of Fact and Conclusions, an extension of time reyuest for
application PE-1414-81, ZE-92-81, PUDE-1-82 is hereby APPROVED until February 1, 1993.
CONDITIONS UF APPROVAL
1. A consolidated set of applicable conditions of approval is attached. Additionally, the
following apply.
2. Subsequent extension of time will only be considered upon a finding of substantial
compliance with Chapter III, Section G, of the Subdivision Ordinance; otherwise the
preliminary subdivision approval will become null and void.
COUNTY PLANNING DEPARTMENT CONDITIUNS
1. All conditions imposed by the Hearing Examiner Committee shall be binding on the
"Applicant", which term s}lall include the owner or owners of the property, heirs, assigns
and successors.
2. The preliminary subdivision applies to the following real property: That property within
the preliminary plat of record known as PE-1414-81, Riverway Villa.
3. The preliminary plat is given conditional approval for three (3) yearS, specifically to
February 1, 1993. The applicant may request an extension of time by submitting a written
request approximately forty-five (45) days prior to the above expiration date.
4. Upon filing the final plat, or a portion thereof, the zone reclassification of the final plat area
shall be finalized, and the existing zone classification shall be changed to Urban
Residential-7 (UR-7), Regional Business (B-3) and PUD overlay zone, consistent with the
proposed zoning approved with the preliminary plat and PUD of record.
5. If multiple zones affect the property of a final plat, minor adjustments in official zoning
boundaries may be approved to recognize lot line adjustments and road alignments at the
time finalization occurs.
6. The final plat shall be designed substantially in conformance with the preliminary plat of
record. No increase of density or number of lots shall occur without a change of condition
application submittal and approval.
Extension of Time Findings PE-1414-81 Page 3
7. The Planning Director/designee shall review any proposed final plat to ensure cornpliance
with these Findings and Conditions of Approval.
8. A final plat name/number shall be indicated before the final plat is filed, such name/number
to be approved by the Planning Director/designee.
9. Appropriate road name(s) shall be indicated.
10. A specific and detailed site improvement plan will be submitted for Planning Department
review approval as part of the final plat review and prior to the issuance of a building
pernut, change of use pemlit or certificate of occupancy. Appropriate bonds or proof of
construction must be submitted at the time of final plat review to cover the estimated cost of
on-site improvements which were required as a part of the project approval.
11. A plan for water facilities adequate for domestic service and fire protection shall be
approved by the water purveyor, appropriate fire protection district, County Building &
Safety Department and County Health District. The agencies will certify on the Water Plan,
prior to the filing of a final plat, that the plan is in conformance with their respective needs
and regulations. The Water Flan and certification shall be drafted on a transparency
suitable for reproduction and be signed by the plat sponsor.
12. The water purveyor shall certify that appropriate contractual arr-angements and schedule of
improvements have been made with the plat sponsor for construction of the water-system in
accordance with the approved Water Plan. The time schedule shall provide for completion
of the water system and inspection by the appropriate health authorities prior to application ,
for building permits within the final plat- The arrangements or agreements shall include a
provision holding Spokane County and the purveyor harmless from claims by any lot
purchaser refused a building pennit due to the failure of the subdivision sponsor to
satisfactorily complete the approved water system.
13. Ilie final plat dedication shail contain the following statement:
"The public water system, pursuant to the Water Plan approved by county and state health
authorities, the local fire protection district, County Building & Safety Department and
water purveyor, shall be installed within this subdivision and the applicant shall provide for
individual domestic water service as well as fire protection to each lot prior to sale of each
lot and prior to issuance of a building permit for each lot."
14. No building pernut will be issued for any lot within the final plat until certified by a
Washington state-licensed engineer that "the water system has been installed pursuant to the
approved Water Plan for the final plat," including a signed license stamp. 1'he certification
may be in the form of a letter, but is preferred to be certified on a copy of the Water Plan as
a schematic map showing the "as-built" water system.
15. The Water Plan and the above four (4) conditions of approval regarding the Water Plan
may be waived by the Planning Director/designee upon receipt of letters from the
appropriate water purveyor and fire protection distzict stating that simple connections to an
existing, approved water system will provide adequate domestic and fire protection water to
ensure the public health, safety and general welfare.
16. Three (3) current certiFicates of title shall be furnished to the Planning Department prior to
filing the final plat.
17. The final plat map shall indicate by a clear, dashed line the required yard setbacks from all
private, "Tract X" or public roads. The dedication shall contain the following statement:
"Side yard and rear yard setbacks shall be determined at the time building permits are
requested unless these setbacks are specifically drafted on this final plat. The setbacks •
indicated on this plat may be varied from if proper zoning approvals are obtained."
18. Appropriate utility easements shall be indicated on copies of the proposed final plat.
Written approval of utility easements by appropriate utility companies shall be received with
the submittal of the final plat.
19. Prior to filing of all or a portion of the final plat, the applicant's surveyor shall submit one
or more maps outlined in red of the area being finalized. The scale shall match the
appropriate assessor's map scale.
20. The Spokane County Plannirlg Departmcnt shall prepare and record with the County
Auditor a Title Notice specifying a future land acquisition area for road right-of-way and
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Extenslon of Tune Findings PE-1414-81 Page 4
utilities. The reserved future acquisition area Title Notice shall be released, in full or in
part, by the Planning Departtnent. The notice should be recorded within the sarne time
frame as an appeal and stlall provide the following:
a. At least 10 feet along Mission Avenue and S feet alang Barker Road of reserved
future acquisition area for road right-of-way and utilities, in addition to the existing
aildlor newly dedicated right-of-way. NO'I'E: Ttle County Engineer has required no
additional dedication but previously required 10 feet of dedication along Mission
Avenue and 15 feet along Barker Road as conditions of approval prior to this time
extension.
b. Future building and otlier setbacks required by the Spokane County Zoning Code
shall be measured fro«i the reserved future acquisition area.
c. No required laridscaping, parking, '208' areas, drainfield or allowed signs should be
located witllin the future acquisition area for road right-of-way and utilities. If any of
the above improvements are made within this area, they shall be relocated at the
applicant's expense w11en roadway improvements are made.
d. The futlire acquisitiori area, until acquired, shall be private property and niay be used
as allowed in the zone, except that any improvements (stich as landscaping, parking,
surface drainage, drainfield, signs or others) shall be considered interim uses.
21. The final plat shall indicate yard setback arc lengths on cul-de-sac lots which meet or
exceed the minimum frontage of the underlying zone of the final plat. .
22. The plat dedication shall caritain the following statement:
"Lot(s) [ Block(s) [ ] are located on a temporary cul-de-sae.
This temporary cul-de-sac may be extended to provide access to adjacent property and/or
connect to existing roads or new roads as development and/or circulation needs dictate."
23. The Planning Department shall file with the Spokane County Auditor, within the same time
frame as allowed for an appeal from ttie final disposition, including lapsing of appeal
period, a Title Notice, which shall generally provide as follows:
"Prior to the issuance of any building permit for any building or any use on the property
described herein, the applicant shall be responsible for complying with the provisions of
the Zoning Code for Spokane County, Section 14.706 (Aquifer Sensitive Area Overlay
Zone). The property wliic}l is die subject of this nocice is more particularly described as
follows: . . . "
24. A survey is required prior to the filing of a final plat.
25. The District shall cooperate as needed with the Department of Building and Safety to ensure
that adequate emergency medical service and firefighting apparatus access is accomPlished
via the private road.
26. The plat shall delineate t}1e ordinary high-water mark (OHWM), the 200 feet of Shoreline
Act jurisdiction and the 50- and 10O-foot horizontal setback lines from the OHWM. The
ded.ication on the final plat shall state:
"At the time of approval of the final plat, this property fell under the jurisdiction of the
Washington State Shoreline Management Act, RCW 90.58, and ttle Spokane County
Shoreline Program, WAC 173-19-400. Any development of this property shall only
proceed in strict compliance with the Shoreline Act rules and regulations in effect at
the time of permit isstiance."
27. The following conditions stiall also be complied with on Lot l, Block 1 of the preliminary
plat of record wliich upon final plat approval, shall be clianged to Regional Business (B-3)
zoning subject to the following:
a. That prior to issuing any building permits on Lot l, Block 1, the comrnercial site, a
specific site developrnent plat (all or part) must be approved by the County Planning
Director who will reccive review comments from appropriate County departments.
b. That the Coumty Planning Director is directed to assure proper compliance with the
Zoning Code, assure proper measures for compatibility between existing or future
adjacent land uses and the commercial site, assure that the commercial uses do not
exceed those of rleighborhood and local serving stores or services, and consider
J
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Extension of Time Findings PE-1414-81 Page 5
accommodation of "Park and Ride" space for the bus and/or a covered bus stop.
Some items to be considered are: building si7e, height and setback, paving, parking,
drainage, landscaping, signing, lighting, buffering delivery truck traffic from adjacent
manufactured home with sight and sound obscuring fence (as a five foot masonry
wall), ingress/egress, loading areas and others.
c. That if the County Planriing Director finds it appropriate due to problems or varying
opinions, can bring the specific site development before the I Tearing Examiner
Committee for a decision at a public hearing.
28. The following conditions shall also be complied with on the portion of the site south of
Indiana Avenue still as shown on the prelinunary plat of record:
a. Upon final plat approval this PUD overlay zone shall be mapped (except the Regional
Business (B-3) lot).
b. That each lot provide for off-street parking as reyuired by the Zoning Ordinance for
Residential Manufactured Home Zoning, that is, two parking spaces with 2()0 square
feet per parking space.
c. The March 15, 1983 revised preliminai-y plat of record is the plan of record for this
portion of the site.
d. That the final development plat is approved pursuant to the sponsor providing the
"Minimum Constnictian Schedule" as listed in Section 1 and on the final developmerlt .
plan (revised preliminary plat of record dated March 15, 1983). Each item applicable
to any phase being finalized will be required to be developed with that phase.
e. A specific landscape plan, planung schedule and provisions for maintenance
acceptable to the Plaiining Director/designee shall be submitted witll a performance
bond for the project prior to release of building permits. Landscaping shall be
installed and maintained so that sigtlt distance at access points is not obscured or
impaired.
29. Phasing shall be approved by the departments reviewing the final plaL Miegating impacts
of traffic and schools shall be considered in approving phases of the development.
30. That proper reference to I Iome Owners Association agreements and other auditor recorded
documents be made in each final plat dedication so as to notify any potential lot purchaser
of such responsibilities associated with that lot ownership.
31. That all lots and blocks be indicated and common open space lots be labeled on each final
plat.
32. That if the sponsor/applicant opts to establish solar access/exposure easements for a
particular phase of this proposal, a copy of a"draft" final plat showing the location of
proposed structures and building setback lines will be submitted for review and approval
by the County Division of Buildings, the County Planning Department, the County
Engineer's Department and the County Health District to determine which lots may utilize
zero lot line setbacks and any other measures necessary to assure fire safety and proper
solar access.
33. That the most easterly final plats contain plat dedication which states:
"Active agricultural pursuits with unusual working hours and the spraying of pesticides
may be occumng on properries adjacent to lots within this plat until stich time as this
adjacent property is developed."
COUNTY ENGINEER'S DEPARTMENT CUNDIT'IONS
All previously imposed conditions are still applicable.
1. The County Arterial Road Plan identifies Barker Road as a Principal arterial and Mission
Avenue as a Minor Arterial. The existing right-of-way width is not consistent with that
specified in the Plan. In order to implement the A.rterial Road Plan, in addition to the
required right-of-way dedication, a strip of property 5 feet along Barker Road and 10 feet
along Mission Avenue shall be set aside in reserve. This pmperty may be acquired by
Spokane County at the tirne when arterial itnprovements are made to Barker Road and
Mission Avenue.
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Extension of Time Findings PE-1414-81 Page 6
COUNTY HEALTH DISTRICT CONDITIONS
The Health District has no additional condidons or comments for this extension of time request.
However, all previously imposed conditions of approval are still applicable.
,
COUNTY UTILITIES DEPARTMENT CONDITIONS
The County Utilities Department has no additional conditions or comments for this extension of
time request. However, all previously imposed conditions of approval are still applicable.
COUNTY DIVISION OF BUILDINGS CONDITIUNS
The County Division of Builciings has no additional conditions or conunents for this extension of
time request. However, all previously imposed coriditions of approval are still applicable.
J DA1'ED THIS DAY OF JANUARY, 1992.
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Patfl-P. Jensen ~
Senior Planner Under state Iaw and counry ordinance, you have the right to appeal this decision to the Spokane
County Hearing Examiner Committee. Upon receipt of an appeal, a public hearing will be
scheduled. To file such an appeal, you must submit a letter along with a$120 processing fee,to
the Spokane County Planning Department, within ten (10) caIendar days from the date this
decision is signed.
If you have any questions, please call the Planning Department at 456-2205.
sam
c: County Engineer
County Utilities
County HeaIth District
County Building & Safety
H. and E. Investments, 5503 East Broadway Avenue, Spokane, WA 99212
Inland Pacific Engineering, 25 South Altamont, Spokane, WA 99202
. • ~ .
BEFORE SPOKANE COUNTY PLANNING DEPARTMENT
IN THE MATTER OF AN EXTENSION )
OF TIME REQUEST ASSOCIATED ) FINDINGS OF FACT
WITH PE-1414-81, ZE-92-51 AND ) CONCLUSIONS AND
PUDE-1-82 DECISIONAN APPROVAL OF
PRELIMINARY )
SHORT PLAT AND PARTIALLY )
APPROVED PLANNED UNIT )
DEVELOPEMENT )
THIS MATTER, a request for an extension of time from Gary A. Myers, Agent for H. & E.
Investments has been received and decided upon, pursuant to Spokane County Subdivision
regulation (Chapter III, Section G) and RCW 58.17.140.
FINDINGS OF FACT
1. The individual signing below has been properly delegate,d the responsibility for rendering this
decision by the Spokane County Director of Planning.
2. Spokane County has established specific criteria for considering the extension of time for the
expiration of preliminary subdivisions, specifically for regular subdivisions, and department
policy for short subdivisions. Such extensions of time may be up to and including 3-year
extensions.
3. The subject preliminary plat was approved by the Hearing Examiner Committee on Apri12,
1982 and April 8,1983.
4. If finalization of this subdivision does not occur prior to January 1,1991, the existing zoning
will be changed to the appropriate 'new zone,' which may have different standards or uses
than originally requested.
5. The Comprehensive Plan designates this area of the preliminary plat as Urban, and the
location is within the Priority Sewer Service Area. The Comprehensive Plan designation
remains the same since the original preliminary plat approval.
6. No additional conditions have been recommended by the various reviewing agencies and
departments, including the County Engineer's Office, the Spokane County Health District,
County Utilities and the Department of Building & Safety.
7. This is the third request for a time extension. The total life of the preliminary plat has been
approximately seven years.
8. As set forth in Chapter III, Section G, of the Spokane County Subdivision Qrdinance, the
following is relevant.
a) Approval of a preliminary subdivision shall automatically expire 3 years after the
preliminary approval is granted unless a time extension is sought; the preliminary plat
becomes null and void in the event there is no application for an extension of time.
b) Approval for an extension of time for up to 3 years is discretionary, providing that at
least one of the following is found to apply.
i) Some portion of the existing preliminary plat has been finalized since the last
extension was granted, and the remaining lots would form a unified development
consistent with the original approval;
u) The preliminary plat shall remain consistent with the Comprehensive Plan insofar .
as density and other development provisions apply AND the sponsor has taken
substantial steps toward finalizing the plat, including but not limited to those items
set forth in the Spokane County Subdivision Ordinance, Chapter III, Section G,
a through d; or
iu) When the preliminary plat approval was granted, development was condidoned
upon the extension of public services which are not yet avaulable (this provision
does not apply to public utilities extension which the project sponsor would
normally fund).
A
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Extension of Time Findings File No. PE-1414-81 Page 2
10. The following facts are relevant to the above criteria. a. The sponsors were advised through the 1988 Time Extension approval that it would be
dif~icult to grant future extensions without all or a portion of the subdivisions being
finalized.
b. The sponsors have not finalized any portion of the subdivision.
c. The sponsor asked for a two (2) year extension to continue difficult negotiations with
the Centennial Trail (Washington State Parks and Recreation Commission), to redesign
a portion of the subdivision and to file a portion thereof.
d. A letter from the Centennial Trail Coordinator indicates appraisal and negotiations with
the sponsor are proceeding and have become drawn out.
11. This extension of time is granted based upon minimal progress, but due to unique
circumstances, beyond the applicants control. Most serious reexamination of progress
toward finalizing should be shown or future extensions will likely not be granted.
CONCLUSIONS
BASED UPON A REVIEW of (a) the criteria for approving an extension of time of the expiradon
date for a preliminary plat and (b) the above Findings of Fact, the following conclusions are made.
1. The sponsor has not met the absolute criteria but has demonstrated unique fustradons and
problems associated with the property's development and an extension of two years is
warranted.
2. It is not likely that delay caused by the Centennial Trail or unsuitable economic conditions
will be recognized as support for future extensions of time.
3. The applicant/owner should show substandally greater progress toward complying with
Chapter III, Section G, of the Subdivision ardinance before requesting an additional
extension of time.
4. No new conditions of approval have been requested in the past or at the present
5. The land use actions on this property consist of the original subdivision and zone
reclassification application.
DECISION
BASED UPON'ITiE ABOVE Findings of Fact and Conciusions, an extension of time request for
application PE-1414-81, ZE-92-81 and PUDE-1-82 is hereby APPROVED until January 1,
1992.
CONDITIONS OF APPROVAL
1. The original conditions of approval from the previous land use actions are in effect.
2. Subsequent extensions of time will anly be granted upon a finding of substandal compliance
with the prevailing criteria for granting an extension of time.
DATED SDAY OF JANUARY, 1990.
THOMAS G. SHER, AICP
Senior Planner
enclosure
Under state law and counry ordinance, you have the right to appeal this decision to the Spokane
County Hearing Examiner Committee. Upon receipt of an appeal, a public hearing will be
scheduled. If you desire to file such an appeal, you must submit a letter along with $100
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Extension of Timc Findings File No. PE-1414-81 Page 3
processing fee, payable to the Spokane County Treasurer, within ten (10) calendar days from the
date this decision is signed.
If you have any questions, please call the Planning Department at 456-2205.
kc
c: County Engineer
County Utilides
County Health District
County Building & Safety
H& E Investments, E. 5503 Broadway, Spokane, WA. 99212
Inland Pacific Engineering Co. Inc., S. 25 Altamont, Spokane, WA. 99202
File
REV.11/89
April 8, 1983 File No. PE-1414-81
Findings & Order Riverway Villa
SPOKANE COUNTY
HEARING EXAMiNER COMMITTEE
FINDINGS AND ORDER
A. lNTRODUCTION
This matter having come before the Spokane County Hearing Examiner Committee
on April 8, 1983 and the members of the Committee present being Kathy
Carstens, Chairperson, Rick Skalstad and Jerry Williams.
6. PROPOSAL
The sponsor, H& E Investments, Inc., is requesting for Preliminary Plat
PE-1414-81, RIVERWAY VILLA, Planned Unit Development PUDE-1-82, FINAL
DEVELOPMENT PLAN, and Zone Reclassification ZE-92-51, Agricultural to
RMH and Commercial approval of:
Change-of-Condition to the preliminary approval where ~
l. allow on]y half the proposal to have a FINAL DEVELOPMENT PLAN,
2. allow more than six phase and change the required phasing limit from
8 years to 6 years (Planning Condition #3 of March 30, 1982, Hearing
-Examiner Committee Findings & Order),
3. allow individual on-site sewer treatment on particular lots, and
4. the prel iminary plat of record is redesigned with fewer and larger
lots and relocation of roads and reduction of ar-ea for "open-space."
Extension-of-Time to the preliminary approval where
5. the N 1/2 and commercial lot of the proposal will be given 3 years to
submit, for approval, a FINAL DEVELOPMENT PLAN,
6. the preliminary Plat of Record approval be given a 3-year extension,
and
7. The S 1/2 FINAL DEVELOPMENT PLAN, also being the 3/15/83 Revised
Preliminary Plat of Record, be given approval and extended for 3 years.
Final Development Plan for S 1/2 of proposal,
there being present, the following applicant or representative:
Roger K. Anderson
C. FINDINGS OF FACT
l. That the "change" represents fewer lots than originally approved.
2. That the redesign of the preliminary plat of record and P.U.D.
complies with the standards of the Planned Unit Development zone.
3. That we have consi'dered the "minimum construction schedule" and
"optimum development design."
a
April 8, 1983 File No. PE-1414-81
Findings & Order Riverway Villa
C. FINDINGS OF FACT (cont'd)
4. That environmental impacts identified in the E.I.S. were, in part, mitigated
by requiring this proposal to be phased over a period of years, such
as traffic and school population.
5. That a separate and second FINAL DEVELOPMENT PLAN review in three
years will provide a more realistic decision for the N 1/2 and will
allow the "then" plans, policies and regulations as well as housing
market demands and trends to be considered with that review.
6. That County Uti,~ities Department has identified a maximum limit of
37 lots (that of the first phase as proposed) with on-site sewage
treatment bef ore requiring all lots (including these 37 lots) to
connect to the required community sewer system.
7. That the proper legal requirements for advertisement of the Agenda
I tem have been f u 1 f i 1 1 ed .
8. That the April 7, 1983 Hearing Examiner Committee hearing was
continued to April 8, 1983.
9. That the provisions of RCW 43.21C (The State Environmental Policy Act)
have been complied with. .
10. That the Comprehensive Plan designates this area as URBAN.
li. That the proposal lies within the adopted Priority Sewer Service Area
of the Wastewater Management Pian.
12. That the owners of adjacent lands expressed neither approval nor
disapproval of the proposed use.
13. That we have visited the site.
14. That we have considered the information in the STAFF REPORT.
15. The Hearing Examiner Corrmittee finds the proposed--use is not detrimental
to the general purpose or otherwise harmful to the public heaith,
safety, and welfare, as conditioned.
D. SPECIAL CONDITIONS OR CONTINGENCiES APPLICABLE TO THIS DECISION
Those conditions listed in the April 7, 1983 STAFF REPORT and amended as
follows:
Amend County Utilities Condition i11 to read:
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April 8, 1983 File No. PE-1414-81
Findings & Order Riverway Villa
D. SPECIAL CONDITIONS OR CONTINGENCIES APPLICABLE TO THIS DECISION (cont'd)
11. Pursuant to the Board of County Commissioners Resolution No. 80-0418
the use of on-site sewer disposal systems is hereby authorized for
up to and including 37 lots in the south half of the Preliminary
Plat/PUD. This authorization is conditioned on compliance with all
rules and regulations of the Spokane County Health District and is
further conditioned and subject to specific application and approval
and issuance of permits by the Health Officer. (Additional lots
being finalized beyond these 37 lots will be required to connect to
the community sewer treatment system including the 37 lots.)
Change the 3/15/83 FlNAL DEVELOPMENT PLAN - Sponsor's Minimum Development
Requirements item 2. under heading Schedule to read:
The first community common area will be dedicated and
improved wi th i n one (1) year of the start of construct i on
of the second phase. I
E. ORDER
The Hearing Examiner Committee pursuant to the aforementioned, finds that
the application for the Change-of-Conditions, for the Extension-of-Time,
and for the FINAL DEVELOPMENT PLAN of the approved preliminary plat
PE-1414-81, Riverway Villa, and PUDE-1-82, Planned Unit Development,
and ZE-92-81, Agricultural to RMH and Commercial is hereby APPROVED.
Motion by: Jerry Williams Seconded by: Rich Skaistad
Vote: UNANIMOUS
Kathy Carstens - Aye
Rich Skalstad - Aye
Jerry Williams - Aye
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Apri 1 8, 1983 Fi le No. PE-1414-81
Findings ~ Order Riverway Ui l.la
HEARING EXAMINER COMMITTEE
HEREBY ATTEST TO THE ABOVE
FINDINGS, ORDER, AND VOTE.
' ' • , /
Cha i rperson
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-rATTEST:
JOHN NUNNERY
Subdivision Administrator
By :
Da t e : . ~~.t~-~`^ r-- f ~ ~
/vr
-4-
Apri) 2.,• 1982 File Nr PE-1414-81
F,i._ndin.9s & Order ZE-92-21
P U 0 t: 1- 32
N .
SPOKANE COUNTY •
HEARING EXAMlNER COMMITTEE
FINDINGS AND ORDER .
A. INTRODUCTION
Th•is matter having come before the Spokane County Subdivision Hearing
Examiner Committee on March 30, 1932 and the members of the Committee
present being Jerry Williams, Chairperson, John Culler, and El~on Thomas.
B. PROPOSAL The sponsor, H& E Investments, is requesting approval of a Preliminary
Plat and Zone Change for PE-1414-81, Rivertivay Villa, anu ZE-92-81,
Agricultural to . Residential Manufactured Homes and Commercial, and
PUDE--1-82, Planned Unit Development, fior the subdivision of 118 acres
into 365 lots for manufactured homes with common open space, plus one
commerical site, and there being present, the following applicant or
representative:
,
Jim Craven
C. FI NDI NGS OF FACT '
1. That the existing land use in the area is predaminately s;nole-family
' homes west of Barker Road and predominalely manufactured homes east of
Barker Road and north of the Spokane R iver with approximately half of
the near vicinity in cultivated field on both sides of Barker Road.
2. That the proposed manufactured home P. U. D. would be compatible with
the surrounding land uses due to the many existing manuFactured homes
, in the area. . .
3. That the proposal is well designed and thought out.
.
4. That when developed with the amenities as prooosed, this devefopment
will be a complement to the community. .
5. That the amenities will be considered lo assure an attractive development •
when the P.U.D. Final Development Plan is acted on at a public hearing.
6. That great care has been taken to condition this development ta assure
resolution of problems and impacts as menlioned by the pt.,blic i n the
public hearing and in the E.I.S. oF Lhe proposal.
7. That it tivould. be detrimental for this proposal to require a b-Ft. ear-then
berm, that the development sliould not be hidden. -
" . 1 .
April 2, 1982 . File No • PE-1414-81
Findings & Order . ZE-92-31 ~ - , PUD~-1-22
8. That the spvnsor should be required to work tivith adjacent property
owners and acquire the necessary additional 15-Ft. of Barker Road dedi-
cation to assure proper improvements on Barker Road between the Spokane
River and Mission Avenue to accommodate traffic.
.
9. That it is unreasonable to expect this development to pay totivard improve-
ments of the Barker Road/I -90 1 nterchange, since the I nterchange is over
. twO blocks (approximately 1/4 mile) away, and many other existing develop-
ments generate traFfic which also use the Interchange. That the pubiic is
responsible for such improvements. .
10. That the oavners of adjacent lands expressed both approval and disapproval
of the proposed use. .
.
11. That many of the public concerns for the existing traffic conjestion,
speeding and saf.gty For scliool children along Barker Road will be mitigated
when this development sponsor widens Barker Road, adds sioewalks on
Barker Road and Mission Avenue and wi{I, if required, participate in signalization of the Mission-Barker intersection with cross-wal ks
12. That the proposal is required to be finalized in 6 to 8 phases to evenly
• distribute the imPacts (as traffic and school chi(dren) over to 10-years.
13. That the proposal site is a cu{tivated field.
14. That the existing zoning of the proposal site is Agricultural Zone.
15. That the Comprehensive Plan designates this and the surrounding area as
U RBAN .
16. That the proposal, as conditioned, does s~nificantly comply ~~,ith many of
the major policies of the plan; as urban setting ana level ot services,
fill-in, providing a variety of lifestyles, buffering, utilities, s+dewalks,
water quality, energy management, transportation, and Wastewater MC-iriage-
ment Plan.
17. That tlie proposed R. M. H. zoning wi th P. U. D. overlay zone is suitable for the zoning and land use of the area.
18. That tl-ie proposed commercial zone, conditioned 'for neighborhood and
local serving uses is appropriate tor the existing and fuCure residential
needs of the area and is properly located at a major arterial intersection.
19. That the provisions of RCb11 43.21C (The State Environmental Pc4icy Act)
have been complied with.
20. That the proper legal requiremen'ts for advertisement of thz Agenda Item
have been fuifilled. 21. That the Draft and Final E. I.5. were considered.
2
Apr'tl 2,, 1982 File N PE-1414=81 ,
f:jndings & Order ' ZE-92-31
PUDF,-1-82
22. That the March 30, 1982 Staff Analysis was considered. .
23. That the public kvritten and verbal testimony was considered.
,s •
24. The Hearing Examiner finds the proposed use as conditioned is s:4t detri-
mental to the generai purpose or otherwise harmful ko the pt4blic health,
safety, and wel-fare. D. SPECIAL CONDITIONS OR CONTINGENCIES APPLiCABLE TO TNiS SIJBDiVi510N
AP-PROVAL:
1. Those conditions within the March 30, 19.82 Staff Analysi except as
amended below.
2. Amend PLANNINGti.CONDITION #14., to read as follows: That if the sponsor/applicant opts to establish solar access/exposure
easements for a particular phase of this proposal, a copy of a"cfraft" '
final pfat showing the location of propcsed structur•es and bui{aing setback
lines will be submitted for review and approval by the County Building &
Safety Department, the County Subdivision Administrator, the County
Engineer's Department, and the County Health Oisfirict to determine' wnich
Iots may utilize zero lot line setbacks and any other measures necessary
to assure fire safety and proper solar access.
3. Amend ENGINEER CONDITION #14 to read as follows:
Existing County roads providing access to the pla-t shall be paved and
curbed to the Spokane County Standards.
4. Amend ENGINEER CONDITION #24 by delet+ng all but 3rd parGgraph so as
to read as fol lows :
Traffic analysis for each phase will serve as a bzjsis for the evaluation af
the need for traffic control devices at Barker Road and Mission Avenue.
Should the analysis determine a need for inlersect+on upgrading, the
developer will be assessed a proportionate share for the required improve- ments .
.
E. ORDER
The Hearing Examiner Committee pursuant to the aforementioned, finds that
the application of PE-1414-81, Riverway Villa, and ZE-92-$1 Agr°icultural to .
R.M.H. and Commercial and PUDE-1-82, Planned Unit Development, ►or a
preliminary plat and zone ct-iange is hereby APPROVED.
Motion by: Culler Seconded by: Thomas Vote: Unanimous
. 3 •
April 2,, 1982 . File Nc PE-1414781 Findings & Order . ZE-92-81 • PUDE-1-82
Jerry Williams - aye
John Culler - aye
E{don Thomas - aye
. '
. HEARING EXAMINER LOMMIT i E.E
~ ha' er on
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ATT EST :
JOHN NUNNERY .
Subdivision Administraror
, B y
DAT E : 94),~ /
,
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FO-H/b
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S=cq
~:.~~~~~y~ a vtu~~• ~T ~ , ZE-92•`- 1
PUDCr'I-V2
~ ' ' • / % . .
, ? .
SPOKANE COUNTY '
. HEARING EXAMINER COMMITTEE •
~ FINDINGS AND ORDER .
A. IN RO N This matter having come before the Spokane County Subdivisicn Hearing
Examiner Committee on March 30, 1982 and the members - of [he Committee
present being Jerry Wiliiams, Chairperson, John Culler, and El~on Thomas.
B . . PROPOSA L '
The sponsor, H R E Investments, is requesting approval of a Preliminary
Plat and Zone Change for PE-1414-51 , Riverway Villa, and ZE-92-81
Agricultural to . Residential Manufactured Homes and Commercial, and •
PUDE-1-82, Planned Unit Development, for the subdivision ot 118 acres
into 365 lots for manufactured homes with common open space, pius one
commerical site, and there being present, the following applicant or
representative:
Jim Craven
C. FINDINGS 4F FACT
1. That the exisiing land use in the area is predominately single-family
homes west of Barker Rvad and predominately manufactured homes east of
8arker Road and north of the Spokane River with approximate{y haff of
the near vicinity in cultivated field on both sides of Barker Road.
2. That the proposed manufactured home P. U. D. would be con:patible with
the surrounding land uses due to the many exisling manuFactured hames
in the area. . , '
3. That the proposal is we(I designed and thougl-it out.
.
4. That when developed with the amenities as proposed, this development
will be a complement to the community. .
5. That the amenities will be considered to assure an attractive aevelopment
when the P.U.D. Final Deveiopment Plan is acted on at a public hearing.
6. That great care has been taken to condition this development to assure
resolution of problems and impacts as menlioned by the pvblic i n the
public hearing and in the E.I.S. of lhe proposal.
7. That it would. be detrimental for this proposal to require a b-ft. earthen
berm, that the development should not be hidden. .
1 •
' vf ucI ZE-92-31 y. ~~;wu ~y~ u. •
• • PUD~-1-82
•N:`~:~:`~~•Y: 8. T&at=tE~"'ep~a~so~shou ~beS~requ.tce -•ro~.or. c-wt~t ~adrac~~. - -pra~oer1y
:;o~vne~s-and ~.acqu~ce-•the-.-c~ecessar~,,;~ddd~~tiorYa.~7^S~-F, ,C;,,:q~,.Bar-kec~Roac~~cii=~
~fri.,'Y~I2 ' ` .
~cation~to.J,aSSUGe,:,pcoper..-imarovemers.ts~.arr,,:8,arkerIRoad:~ beCweeri=.thewSpokane
Rive,r.and-:MissiocCa.venue7-to: accommodate,.;tc-affic: ~
~ 9. J.ha~`c.t: is-vRreason-abie~•:to:expect~this"~development~to-.pay:-.tottard:~.improve~
.:me[~t~o~.::~:the~Barker--:_.Road~1f-90~,;t-nter.change~:s:since"..th~,;[n.terchange,;.is .over
twachitocks-~..(--approxirriafeLy '1FC47mile_y-1:wand=man y.7other.zexislsng--develop-
,ments:~ ene~atet::t~a~~ic~-whictralso-~ trse-=th~~=lnterchange:".-That~~:th.e~.pubiic.~is
9.
~.o.n'bCe:.~o~=~svcti~"'improvements.::~' .
10. That the owners of adjacent lands expressed both approval and disapprovai
of the proposed use. .
. .
11. - That many of the pubfic concerns for the exisLing traffic conjestion,
speeding and saf.~ty for school children along Barker Road will be mitigatzd
when this development sponsor Lvidens Barker Road, adds sicaew * aiks on
• 8arker Road and Mission Avenue and wili, if required, participate "in
signalization__of' the Mission-Barker* intersection with cross-walks.3'
12. That the proposal is required to be finalized in 6 to 8 phases to evenly
distribute the impacts (as traffic and school children) over 8- to 10-years.
13. That the proposa( site is a cultivated field.
14. That the existing Zoning of the proposal site is Agriculturai Zone.
15. That the Comprehensive Plan designates this and the surrounding area as
UR6AN.
16. That the proposal, as conditioned, does si„qnificanlly comply ~~ich many of
the major policies of the plan; as urban setting and level of services,
fill-in, providing a variety of lifestyles, buffering, utilities, side%•:a1ks,
water quality, energy management, transportation, and 1NastewUter Manage-
ment Pian.
17. That the proposed R. M. H. zoning with P. U. D. overlay zone is suitable for the zoning and land use of the area.
18. That the proposed commerciaf zone, conditioned for• neighbor•hood ai-id
local serving uses is appropriate for the existing and future residentiaf
needs of the area and is properly located at a major arterial intersection.
19. That the provisions of RCW 43.21C (The State Environmental Pc{icy Act)
have been complied with.
20. That the proper legal requirements for advertisement of the Agenda Item
have been fulfilled. • •
21. That the Draft and Fina1 E. 1. S. were considered.
2
. F-1rtiG;ngs & Drder • " ' ± ZE•92-$1 .
. ,
P 4~ DE-1 • 8 2
. .
22. That the March 30, 1982 Staff Analysis was considered.
:
23. That ''the public wriCten and verbal testimany v►ras considered.
24. The Hearing Examiner fincfs the proposed use as cor-idiLivried #s xz*[ detr:-
mental to the general purpose or atherwise harmful to the pt4blic. health,
, $afety, a1'1d Welfdre. -
0. SPECrAL CQNDfTIONS DR CON7"1hIGENCIES APPLICABLE TO TH~S -SUBQ11I15ION
AP-PROVAL: ' 1 . Those candrtio~s within the March 30, 1982 Staff Analysi.1j except as
arnended be#ow.
2. Amend PLANNINC~rCO[~~ITEON #14, to read as follows;
That if the sponsor/appficant opts to establish scfar access/exposure
easements for a particular phase of this praposal ra cop}r of "dr-aft"
final plat showing the location of proposed structures and bLrilding setback
lines wilr be submitted for review and approval by the County 8uiid`rng &
Safety Department, the Cauntyr Subdivision Admrnistratar, the Cotrnty
Lc-ngineer's D2partment, and the County Health Distrtct to deterrrrine- which
~ots m~y ut'rlize zera lot Iine setbacks and any other measures necessary
to assure fir,e safety and proper svrar access.
3. Arnend ENG1NEER CDND9`]r`IDN #14 to read as follows:
Extsting County roads providing access to the plat shall be paved and
curbed to the Spokane Caunty Standards.
4, Amend ENGrhIEER CONDlTION #24 bdefetin aIt b~tk 3rd
Y ~ paragraph so as
to read as fol lows :
Traffic analysis for each phase will serve as abasis 1`or the evaluatron of
the need far trafftc contrpl deuices at Sar~ker Road and Mission Avenue.
,Should 'the analysis +determine a need for inzersection up.grzding, the
deveivper will be assessed a praporttonate si-iare for the required irnprove- .
ments .
.
E. ~RZ)ER
The Hearing Exatminer Cammittee pursuant to the afo,•ementionerll !'inds that
the applicatian of PE-1414-81, Riverway Villa, a,id ZE-92-$1 Agricultur@i to
R.M.H. and Cammerciai and RUaE-1-52, Planned Unat Deue[apment, -for a
prefiminary p(at and zon+e change is hereby APPROVED.
MatRan ay : Cul ier Secflrrded by : Thornas '
Vote: Unanimous
•
. 3
•
_ , ~y, ~ u~t . • Z E-92-81 ~
,
PUDE; 1-U02
, .
Jerry Wiliiams - aye
- John Culler ~ aye ~
Eldon Thomas - aye
. '
HEARING EXAMiNER LOlv1MITTEE
. ~ .
' . ~ ha' er on
i .
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aT-r Es-r : . . ~ .
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JOHN NUNNERY • ~
Subdivision Administrator ~
, .
By ~-v . .
DATE:
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. FO-H/b
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I
* 1982 I TELMV#yiFW 45V-22if5
AVYi7iliif 30
SP3/KANE CY~ PLANNii7M SUBDI■ iSIVF' HEAMA/ EXAMVOiJiiITTEY
1'IM: Tiesday, March 34, 1982 - 1:30 P411, , or as soon thereafter as
possible (Item #I0 on Ageada)
PLACE: Broadwap Centre Bu.ilding, 2nd Floor
North 721 Jefferson, Spokane, Washiagton
PRE~IMINAR~ SUB~IVISION AND RECLASSIFICATION
PE i 14 14- 81, RIVERWAY VIILA
ZE-92-81 ~ AGRICULTURAL TO R.H.H. AND COMMERCIAL
PUDE-I-B~~ PLANNED UNIT DEVELOPMENT, an vverlay zoae
a. LOCATION: Spc~~e Valley, south aad adjaceat
the Spokane-River, east aad adj acent
Sarker Road, north and adjacent Mission Aveaue, and west and ad jaceat
Hadges R~~d exte.nded.
b , LEGAL DESCRIPTION: Sectian 8, Township 25, Range 45.
The partion ❑f land south af the Spokane
River in the west ha1f ❑f 5ection 8, T25N, R45 EWMy in Spokane
County, State af Washington being more particularly described as
• fvllaws:
Beginn.ins at a paiat 20 feet north of the southwest corner of said
Sectiaa 8 and 30 feet east af the west 1ine vf said Sectioa# theace
nortbL 939.33 feet, t,hen.ce east 370.00 feet* theace narth 650.04 feet,
ihence west 210.00 feet; theace north 100 feet, thenmeast 40 feet,
theace uorth 100 feet., t~ence weat 200.00 feet, thence north 383.52, €eet, t,hence east 300 feet, thence north 81°1b' east
990.56 feet, theaace nort.h 63°49' east 685.80 feet, thence north 55°52' east 772.64 feet, thenre south 00°56' 58" east 1784.50 feet,
theace north 890Z5' west 648.41 feet, thence sauth 00042' east
1303.43 feet, thence north 89±21t 4611 west 1931.50 feet to the point
of beginning.
c . 5PON5DR: H & E Investmes►ts, Iac.
E . 6614 Msin - -
~ Spokaae, WA 99206
d. ~~~~~~~ENGINM: Inland PSC1f1C EIIg3~~ring Co.
° 1. ~~~a AvenL1~ ~~okan~ y 9.92,16
I
' e. SIM SI=: 11$ aeres
' f. NUfM OF ZOTS: 365 resideatial lots, I comme-rcial
g- P~OPOSED LUD USE: Planned Unit Develapment for mobile
f
and modular homes with a cammercial
~ 51te.
b. ~~~~ING ~~~ING: AgrICultIIral
i. PRQPOSED ZflNING: Residential Msnufaetured Homes witbL
Flanaed U$it Development and
Cammercial
I
~ , ,
. ~ . ~
PE-1414-81- RIVEBWAY VII1A
" j. COMPREHENSIVE PLAN DESIGNATION : tJRBAAt Categ.ory
k. WATER SOURCE: Coasolidated Irrigatioa District #19
1. SCHOOL DISTRICT: Central Valley School Dist.#361
M. METHOD OF'SEWAGE DISPOSAL: Community septic tanks and drainfields
n. ENVIRONMENTAL IMPACT: A topic of discussion at this $earing
may be whether the Hearing Examiner
Cammittee has adequate iaformation to assess the adverse Eavironmental.
Impacts of the proposal. 1'he State Environmental Policy Act WAC
197-10-330 (2) provides that: "...Ia the eveat that the further
investigations authorized by this section do aot provide information
reasonably sufficieat to assess any poteatial adverse eavironmeatal
i.mpacts of the proposal, an EIS shall be prepared." An Environmental
Impact Statement has been grepared for th.is project and circulated
for public response and comments. A copy of the document is available
for public inspection at the Spokane Public Library or the Spokane
County Planning Department, Broadway Centre Building, North
721 Jefferson, Spokane, Washington.
o. ADDITIONAL INFORMATION: The 118-acre proposed will have one
10-acre commercial site to serve
local needs and will have 108 acres for 365 manufactured home lots
(a mia of rental and owaed lots). As a planned uait development,
approximately 44x of the site, or 38 acres, will be conmion areas
used as open space which will be owned and developed bp a Home
. Owners' Association. Current development plaas for the open space
provide sites for pathways, trails, picnic sites, horseshoe pits,
volleyball courts, tenais courts, swimming pool, ouLdoor shelters,
recreatioa buildiags, and visitor parkiag, as well as miai storage
for the residences of the proposal. The proposal is to be developed
ia phases over approximately 8 years:
P7-C/b
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PE-1414-8I RIVEBWAY VILLA
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PE-1414-81 RIVERWAY VILLA
j. COMPREHENSIVE PLAN DESIGNATION: URBAN Category
k. WATER SOURCE: Consolidated Irrigation District #19
1. SCHOOL DISTRICT: Central Valley School Dist.#361
M. METHOD OF SEWAGE DISPOSAL: Commuaity septic tanks aad drainfields
a. ENVIRONMENTAL IMPACT: A topic of discussion at this Hearing
may be whether the Hearing Examiner
Committee has adequate info rnnation to assess the adverse Environmental
Impacts of the proposal. The State Environmental Policy Act WAC
197-10-330 (2) provides that: "...Ia the event that the further
investigations authorized by this section do not provide information
reasonably sufficient to assess any potential adverse environmental
impacts of the proposal, an EIS shall be prepared." Aa Environmental
Impact Statement has been prepared for this project and circulated
for public response and comments. A copy of the document is available
for public inspection at the Spokane Public Library or the Spokane
County Planning Department, Broadway Centre Building, North
721 Jefferson, Spokane, Washington.
o. ADDITIONAL INFORMATION: The 118-acre proposal will have one
10-acre commercial site to serve
local needs and will have 108 acres for 365 manufactured home lots
(a mix of rental and owned lots). As a planned uait development,
approximately 44% of the site, or. 38 acres, will be common areas
used as open space which will be owned and developed by a Home
. Owners' Association. Current development plans for the open space
provide sites for pathways, trails, picnic sites, horseshoe pits,
volleyball courts, tennis courts, swimming pool, outdoor shelters,
recreation buildings, and visitor parking, as well as mini storage
for the residences of the proposal. The proposal is to be developed
in phases over approximately 8 years.
V, r•
P7-C/b . 1oa
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118 AtREs
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♦ 1~
STAFF ANALYSIS - March 30, 1982
PE-1414-81, RIVERWAY VILLA
ZE-92-81, AGRICULTURAL TO R.M.H. AND COMMERCIAL
PUDE 1 82, PLANNED UNIT DEVELOPMENT, an overlay zone
PRELIMINARY SUBDIVISION AND ZONE RTsCLASSIFICATION
I. GENERA.L INFORMATION
a. Location
Spokane Valley, south and adjacent the Spokane River, east and
adjacent Barker Road, north and adjacent Mission Avenue, and west
aad adjacent Hodges Road extended.
B. Proposal
- the project site is 118 acres to be developed as a Planned Unit
Development for manufactured homes (owned and rental) with a commer-
cial site.
- 108 aczes of the site is residential area
16 acres are 365 lots (4,800 sq. ft. to 6,600 sq. ft.)
each with 60-foot road frontage.
21 acres are paved access.
71 acres are open space with 38 acres as common open space.
. - 10 acres of the site are for local or neighborhood commercial.
C. Existing Land Use • I. E$isting Land Uses
. Project site is currently used for agricultural as a cultivated
, field with strip of pasture on the north.
. North is a 50-foot strip of land owned by Inland Paper Company,
then the Spokane River, and across the river is a large
development known as Barker Road Mobile Homes with manufac-
tured homes. On the west side of Barker and north of the
river are three other manufactured home developments.
West across Barker are scattered single-family homes among
small cultivated fields between the River and Indiana,
Indiana across Missioa and down to Booae are single-family
homes in R-1 subdivision knowa as "Si.mpson Addition" and
further south are Agricultural Suburban subdivisions known
as "Valley View Addition" and "Bates Addition"..
South across Missioa is Central Valley School District's "Barker
Administration Center" and moving eastward are three
single- family homes, a water tank, and two manufactured -
homes with small cultivated fields behind them. Further
east or SE of, t'h'e pro j ect site is a manufactured home
development known as "Mission Villa".
East along Mission Avenue is a single-familp home and a few .
hundred feet eastward is a small manufactured home develop-
ment known as "Cronk Addition". All the remaining adjacent
lands to the east of the proposal are large cultivated
. fields.
10 C
~ STAFF ANALYSIS - Ma 1 30, 1982 RIVERWAY VILLA (cont.)
►
. ,
I.. GENERAL INFORMATION (cont.)
C. ExistinR Land Use (cont.) .
2. Compatibility with Existing Land Uses
This project is located in a vicinity of the valley that is in
transition from agricultural uses to residential development.
The vicinity is approximately 50% developed and with similar
land uses to the north across the river and along Missioa to
the southeast. The single-family home developments to the west
and southwest are adequatelp separated by Barker Road, a major
arterial. The praposed commercial use is at the inte'rsection of two arterials which is a proper location for neighborhood/
local serving commercial. T'he project is buffered by the
river, Barker, and Mission and therefore, is found to be compatible
with existing land uses.
. D. Relationship to the Comprehensive Plan
Map Category is URBAN. This proposal complies with the purpose and
intent of this category as being "city-like" development with
maximum level of public services and facilities. The proposal
is to hane aeighborhood commercial to serve the project and
local area. The proposal will provide its own "open-space" and
recreational facilities through the Home Owners' Association and/or sponsor.
Fill-ia. This project constitutes "fill-in" and an efficient use
of existing public services and facilities.
Varietq of lifestyle. The proposal will provide a distinct and more
affordable living area with manufactured homes, which is one of
the varied lifestqles in the Urban category.
Buffering. The river, Barker and Missioa all serve to be a physical
buffer to adjacent land uses. Buffering to the east is not .necessary at this time since the adjacent land is a cultivated
field.
Utilities. The proposal intends tc iastall uaderground utilities
for best aesthetic setting.
Sidewalks. Sidewalks are to be installed along the arterials,
Barker & Mission, and the collector, Indiana. In additioa, the
Home Owners' Association will attempt, through the development
plan, to provide trails throughout the project over the open
spaces provided for trails and other common uses.
Water Quality. Both storm water treatment and sewage effluent is
being managed ina•.way to protect the aquifer, including mini-
warehouse storage limitations.
Energy Management. Of the 365 residential lots, 143 will have good
southerly solar exposure (within ± 20° off south). North zero
lot line construction of residences will be allowed to assure
10 D
•T STAFF ANALYSIS - Ma.L~_a 30, 1982 RIVERWAY VILlA (coat.)
n .
I. GENERAL INFORMATION (cont.)
D. Relationship to the Comprehensive Plan (cont.)
Energy Management (cont.)
maximum opportunity for solar access/exposure within each given lot.
Such house orientation on a lot also allows maximum-size yards.
Transportation. Park and ride facilities are called for in commer-
cial development; this will be a condition to be considered •
when the details of the binding site plan are being approved by
the Countq Zoaing Adininistrator.
•Waste Water Management Plan. The proposal lies substantially iaside
the Priority Sewer Service Area (PSSA). Therefore, the entire
site will be considered within this PSSA boundary and an interim
sewage treatment system will be approved. Also, the PSSA
boundary is currently being proposed to be changed, moving it ,
north to the river.
In summarq, the proposal does significantly comply with the purpose
and intent of the Comprehensive Plan MA.P & TEXT because of its size,
development design and location.
II. SPECIAL INFORMATION
.
A. Project Desip
The proposal is designed to have 365 residential manufactured home
lots amoag common open space, to have a 200-foot wide passive recre-
ation area along the Spokane River, and a 10-acre commercial site at
the southwest corner of the proposal. The design includes two
residential areas, the area composed of about half the overall site
is predominantly for privately-owned lots and the area just east of
the commercial site is separated without road connections for the
opportunity of rental lots. The open spaces will connect the entire
site with trails or pathways and including sidewalks along Indiana,
Barker, and Mission. The open spaces will accommodate recreational
- facilities as may be developed by the I3ome Owners' Association
and/or sponsor.
B. Project Development Timin&
The proposal is proposed to be developed in approximately 8 phases
of similar size, over an 8- to 10-year time period. Any adverse
impacts created by this proposal such as traffic and schools will be
somewhat mitigated since the impacts will be spread over 8- to
10-years and not occur,aU at once, thus giving the affected public
agencies the time necessary to program improvements and/or methods
of handling any imrpacts.
C. Circulation '
The County Road Engineer has identified a need to improve Barker and
Mission to handle the traffic generated by both the residential lots
and the commercial site of this proposal.
10 E
, 7TAFF ANALYSIS - Marcn 30, 1982 xIVERWAY VILLJ_ (cont.)
II. SPECIAL INFORMATION
. .
C. Circulation (cont.)
Washington State Department of Transportation indicates that when
Barker/I-90 Interchange reaches its traffic safety limitations, it
will aeed to be improved. That if this proposal and its additional
traffic cause these limits to be reached, the State will require
Spokane County to pay a share of the improvement costs to Barker/I-90
Interchange.
The County Engineer is recommending that prior to finalizing each
phase of this proposal that a traffic analysis will be conducted to
determine what current fi.he.traffic safety limits are as they relate
to Barker/I-9,0 Interchange. The County Engineer further recommends
that this proposal will be required to pay its proportional share of
this Barker/I-90 Interchange improvement costs if the interchange
reaches the traffic safety limits.
D. SewaRe Disposal
As mentioned earlier, the proposal is substantially inside the
Prioritq Sewer Service Area of the Wastewater Management Plan, which
calls for public sewers. Since public sewerage collection system
does not exist in this area to date, the health authorities will
allow an interim sewage system. This interim system will include
wet sewer lines, commuaity septic tanks and commuaitq drainfields
all within the site and is to be conditioned to hook up to the
' future area-wide sewer collection system whea it is available. The
interi.m drainfield areas will include some of the open-space and a
number of residential lots, which will not be allowed to have building
permits until the communitq drainfields are abandoned when approved
by Couaty Utility Department.
Grading activity over these community drainfields will require both
the Washington State Department of Ecologp and County Health approval
to assure proper drainfield operation per the type soil and soil
zones relative to the drainlines.
E. Drainage
Final construction plans are to be reviewed and approved by both the
County Engineer and County $ealth District. Part of the review is
to consider the surface water run-off and percolatioa into grassy
swales to protect the aquifer, while assuring proper operation of
' the community drainfields.
F. Water Supply
The proposal is located.Vi-thin the recorded service area of Consoli-
dated Irrigation District #29. The District advises the staff that adequate spstem capacity, and a
desire on their part to serve, exists for the provision of water for
domestic, fire and irrigation uses, as well as commercial uses.
10 F
• $TAFF ANALYSIS - MarcL 1982 JERWAY VII.LA (cont.)
~ 7
II. SPECIAL INFORMATION (cont.)
G. Fire Protection The proposal is situated within the recorded service area of Fire
District #1.
The Fire District requests that two north-south emergencv vehicle '
accesses from Mission to the interior of the proposal be accomplished.
Also that the final plat roads be given names that best align existing
east-west and north-south roads.
Staff is recommending that one north-south road phind the commercial
site be designed for a"crash gate" northward to Indiana so as to .
.retain the sponsor's option for the design objective to separate alot rental area from the lot owned area. An alternate route to the
interior of this proposal-, the, "crash gate", will eliminate the need
to use Barker which will be a busy arterial. As developmeat occurs
eastward, the problem will be resolved when Hodges or Rockford are
extended from Indiana to Mission.
H. Schools
Proposal lies within the boundaries of Central Valleq School District
#356.
The District's planning staff indicated that this proposal will have '
a significant impact on the school district since, when the proposal
is fully developed, it is esti.mated that 200 elementary students
will need district service. This represents 40% of an elementary
. school. Due to potential crowding and bussing conditions in the
future, the School District is asking that the District be allowed
to reach an agreement with the sponsor to mitigate these impacts
prior to finalization of any phase of this proposal.
I. Parks The report "Planning for Parks" (revised 1976) indicates that this
proposal is within Greenacres #3 neighborhood, which shows a proposed
communitq park north of Mission and in the vicinity of Hodges Road.
The only existing recreation facilitq in the near vicinity is Sullivan
Park 10-acre picnic/recreation area at Sullivan Road and north of
Spokane River. Since this proposal has open-space with plans to
have active and passive recreation on the site as developed and
supported by the Home Owners' Association and/or sponsor, increasing
demand is nvt expected for public parks use. Additionally, the' el,__
sponsor indicates willingness to deditate a public bicycle and ,
hiking trail/use easement along the Spokane River to Spokane Coun S 4
Parks Department. J. Unique Environmental Features J04
. /o IZ,o t1 e i• :
The project's northerly boundary is in part of the Spokane River ~
Ecosqstem.
l. 0 G
STAFF ANALYSIS ch 30, 1982 RIVERWAY VILLA (cant.)
r
II. SPECIAL INFORMATION (cont.)
R. Cultural Resources'- •
None have been identified, but the standard condition has been
recommended requiring notification of State and County agencies if
archaeological materials are discovered.
L. Shoreline
A portion of the north 200 feet of the proposal is within a PASTORAL
• classification of the Shoreline Management Act. Limited development
would occur within,the prescribed 200-foot setback area defined in
the Shoreline Management Act. To enhance and preserve the natural
area along the river, jogging trails, exercise statioas, picnic
areas and outdoor shelters may be installed within the area. A
Substaatial Development Permit will be needed.
M. ASricultural SuitabilitV '
This proposal is on agricultural farmland designated as "Prime Farm
Land"; however, this criteria and many other local and area-wide
type information and data was coasidered in the development and
approval of the Comprehensive Plan. The Comprehensive Plan has
determined that it is in the interest of the public's general welfare
to plan for this area to be developed as URBAN. Agricultural land
uses are not compatible in URBAN.
III. ZONING ANALYSIS A. Fxisting Zonin&
. PROJECT Site is -aoned Agricultural.
NORTH across the Spokane River is zoned Residential Mobile
Homes (R.M.H.) and Agricultural. WEST from north to south respectively,*Agricultural, Agricultural
Surburban (A.S.), Single Family (R-1) and A.S. beyond
Missioa.
SOUTB is zoned Agricultural and further east along Mission on
the south side is zoned R.M.H.
EAST is zoned Agricultural with a small area zoned R.M.H. along
Mission on the north side.
B. Proposed Zone Chan&e
The applicant is requesting to change the zone classificatioa from
Agricultural to RMH witbC=an overlay zone, P.U.D. for the entire
proposal except for 10 acres in the southwest corner of the proposal
which is being requested to change from Agricultural to Commercial.
10 H ,
, •MFF ANALYSIS - Mar,_ 30, 1982 RIVERWAY VILLA (cont.)
.
III. ZONING ANALYSIS (cont.)
C. Planned Unit Development
If approved, a FINAL DEVELOPMENT PLAN will be required to be reviewed
and approved by the Hearing Examiner Committee in a public hearing
within one year of preliminary plat approval. This development plan
is to include an overall Estimated Construction Schedule for improve-
ments of the common open space, recreational facilities, and other
uses or improvements; this schedule may extend beyond the 8- to
10-year finalization period. In additioa, the final development
plan is to include a more specific Minimum Construction Schedule,
which is to expand on cost estimates and fundiag methods by a Home
Owners' Associatioa and/or the sponsor. This Minimum Construction
Schedule will probably be binding based on the Hearing Examiner
Committee's conditions of approval for the final development plan.
These schedules are needed to assure minimum improvements and land-
scaping be accomplished, that if left to a Home Owners' Association
these improvements may not be realized.
The Hearing Examiner Committee, during the Final Development Plan
Review, may wish to add conditions that assure certain minimum
improvements be made on a particular phase before the next phase
could be finalized.
This development plan should include complete package of by-Iaws,
protective covenants and articles of incorporation, if applicable,
for a Home Owaers' Association to assure maintenance, operation
and/or development of the commoa open spaces and related improvements,
as map applp to the final development plan.
D. BindinR Site Plan for Commercial Site
A SPECIFIC SITE DEVEZOPMENT PLAN(S) will require the Countq Zoning
Administrator approval prior to issuing any building permits on the
commercial 10-acre site. The Zoning Administrator will review a
detailed developmeat site plan for anq or all of the 10-acre site
and will review it for conformance to the County Zoning Ordinance
standards, compatibility of adjacent and/or approved land uses, type
of commercial uses permitted not to exceed the intent for neighbor-
hood or local serving-type commercial services and facilities, and
any other criteria pertinent to public, health, safety and general
welfare. Among others, the specific site development plan is to
include: building location, size, profile, setback, and use; land-
scaping; lighting; signing; parking; drainage; bus stop facility;
park and ride option for bus stop; buffering between commercial and
residential uses as noise attenuating and visual screening, such as
a 5-ft. masonry fence; ingress and egress; turn lane for shopping_
_ center; others as may result from the various agencq review of this
' development plan. If the-'Zoning Administrator or the applicant
deems it necessary, this review can be-made at a Hearing Examiner
Committee public hearing for site plan approval.
1 0 1
37AFF ANALYSIS - M, .h 303, 1982 RIVERWAY VILLA (cant.)
III. ZONING ANALYSIS (cont.)
E. Zon.ing Compatibility The applicant requests a zone change to RMH with an overlay zone
P.U.D. and a 10-acre commercial zone in the southwest corner of the
proposal. All zone changes due to existing land uses, existing
zoning, existing buffering aad specific site plan review for the
commercial site are found to be compatible and appropriate.
IV. ENVIRONMENTAL REVIEW
Pursuant to Chapter 43.21C, the SEPA Guidelines (WAC 197-10) and the
Spokane County Environmental Ordinance, an environmeatal impact statement
was prepared for this project. This Draft Environmental Impact Statement
was issued on December 15, 1981. Public comments and remarks by consulted
agencies and individuals were received on or before January 19, 1982, and incorporated into the Fiaal EIS which was issued on March 19, 1982. The
EIS disclosed several probable adverse impacts which may be mitigated
through the attachment of conditions. These impacts aad possible condi-
tions will be considered at the public heariag by the Hearing Examiner
Committee. V. LEAD AGENCY RECOIrIlMENDATION
The County Plaaning Department is considering:
1. That the proposal is found to be compatible with existing land uses;
and
2. That the proposal is fouad to be significantly in compliance with
the Spokane Couaty-adopted Comprehensive Plan; and
3. That the proposal and its requested zone change is found to be
compatible with the adjacent zoning; and
-7> 4. 'That the proposal, as conditioned, is found to mitigate the adverse
~ enviroamental impacts; and 5. That the proposal is fouad to properly address other plans and
regulations of the County as mentioned in the Staff Aaalysis,
and also noting, that the detailed specifics of the:
6. FINAL DEVELOPMENT PLAN of the P.U.D.; and '
7. T'he SPECIFIC SITE DEVEI.OPMENT PLANS(S) for the 10-acre Commercial site
both will require additional agency review by all departments and/or a
public hearing before the Hearing Examiner Committee, and further consid-
ering that forthcoming public testimony would not identify unanticipated
and unresolvable problems, Staff recommends APPROVAL. This recomIDendation
of approval is in part based an the following conditions and therefore
Staff additionally recommends that the following conditions be attached
to the Hearing Examiner Committee approval, if approval is granted.
10 1
STAFF ANALYSIS - Mz ~ 30, 1982 RIVERWAY VILLA (cont.)
VI. CONDITIONS
If approval is granted,-.the following conditioas are recommended.
PLANNING CONDZTIONS 1. That the plat be designed as indicated on the preliminary plat of
record and/or attached sheets as noted.
2. That the preliminary plat be given conditional approval for three
(3) years to April 1, 1985. The applicant may request a oae (1)
year Extension of Time by submitting a written request forty-five
(45) days prior to the above expiration date. Such applications
should demonstrate the progress made toward finalizing this prelimi-
nary plat. If a Time Extension is not requested in a timely manner
. or a Time Extensioa is not granted, then the preliminary plat approval
is NULL & VOID.
3. That phasing of the preliminary plat is required for b to 8 similar-
sized phases as approved by the County Subdivision Administrator.
The purpose is to equally distribute any impact on the public roadways
and public school district ove an 8 or more year finalization
period. NOTE: Time Extensio s will be necessary, since more than 3
years are needed to finali2e t is preliminary plat; but Extensions
are not guaranteed and additioaal conditions may be added by the
Hearing Ezamiaer Committee as recommended by the reviewing agencies.
4. That Time Exteasion approvals may be conditioned in a man.ner to
assure the elimiaation uf conditions which are significantly adverse
to or conditions which cause serious deterioration of public health,
. safety or general welfare, such as traffic safety, overcrowding of
school facilities and others.
5. That the provisions of SEPA's NOTICE OF ACTION pursuant to Chapter
43.21C.080 RCW and the Board of County Commissioners' Resolution No.
77-1392 be initiated by the project applicant within thirty (30)
days of final disposition of this application, aad prior to any •
on-site improvements.
. 6. That each phase of this proposal be in substantial conformance with
the prelimiaary plat of record as approved by the Hearing Examiner
Committee. Minor variations, when approved by the County Subdivision
Administrator, will be permitted, while variations not so approved
are to be heard by the Hearing Examiner Committee as "change of
conditions" ia a public hearing.
7. That a name be indicated before each final plat is filed; such name
• to be approved by the County Assessor and the Planning staff.
. w,
~ 8. That appropriate street aames be indicated, and approved by the
County 8ubdivisioa Administrator.
9. That appropriate utility easements be indicated on copies of the
approved preliminary plat or particular phase of it, for distribution
10 K
J~ STAFF ANALYSIS ch 30, 1982 RIVERWAY VILLA (cont.)
VI. CONDITIONS (cont.) .
PLANNING CONDITIONS (cont.)
9. (continued)
to the Planning Department and the utility compaaies. Written
approval of the easements by the utility company must be received
prior to the submittal of each final plat.
20. That the plan for water facilities adequate for fire protection be
approved by the water supplier and fire protection district. Said
water plan must also have been approved by the appropriate health
authorities. The health authorities, water supplier (purveyor),
fire protection district, and County Building and Safety Department
will certify, prior to the filing of each phase of the final plat,
on the face of said water plan that the plan is in conformance with
their requirements and will adequatelq satisfy their respective
needs. Said water plan and certificatioa will be drafted on a
transparency suitable for reproduction.
The purveyor will also certify prior to the filing of each final
plat on a copy of said water plan that appropriate contractual
arrangemeats have been made with the plat sponsor for construction
of the water system in that phase, in accordance with the approved
plan, and in accordance with a time schedule. The time schedule
will provide, in aay case, for completion of the water system and .
inspection bq the appropriate health authorities prior to application
for building permits within the plat. The contractual arrangements
will include a provision holding Spokane County and the purveyor
harmless from clai.ms by any lot purcha'ser refused a building permit
due to the failure of the plat sponsor to satisfactorilq complete
the approved water system.
Each plat dedication will contain'a statement to the effect that:
"the public water system, as approved by County and State Health
authorities and the local fire district and County Building & Safetp
Department, and purveyor, will be installed withia this plat, and
the subdivider will provide for individual domestic water service as
well as fire protection to each lot prior to sale of each lot."
11. That a curreat certificate of title be furnished the Planning Depart-
ment prior to the filing of each final plat.
12. That a statement be placed in the dedication of each final plat to
the effect that: "no more than one dwelling unit be placed on any
one lot, nor shall any lot be further subdivided for the purposes of
creating additional lota,;,or building sites without first filing a
replat."
13. That zero lot lines are hereby approved for northerly lot lines for
solar access/exposure within each lot as approved by County Building
& Safety Department, and the County Subdivision Administrator for
proper building separation aad fire safety requirements.
10 L
STP~' ANALYSIS - Ma . 30, 1982 RIVERWAY VILLA (cont. )
VI. CONDITIONS (coat.)
• PLANNING CONDITIONS (cont.)
14. That if the sponsor/applicant opts to establish solar access/exposure
easements for a particular phase of this proposal, a copy of a
"draft" final plat showing the location of proposed structures and
building setback lines will be submitted for review and approval by
; County Building & Safety Deaprtment and County Subdivision Admini-
strator to determine which lots may utilize zero lot line setbacks
and any other measures necessarq to assure fire safety and proper
solar access. '
Ap p E...I r , a`, r__~7. n 0,' S--
15. That special language will made be part of each plat dedication,
which utilize zero lot lines, identifying the "zero lot line" lots
and blocks and any necessary restrictions to assure long term fire
safety and solar access, as approved by the County Subdivision
Administrator and Prosecuting Attorney's Office.
16. That each final plat, which utilize zero lot lines, will show neces- '
sary map-related information for zero lot line approved solar access/
exposure easement as approved by the County Subdivision Administrator.
17. That within one (1) year from the date of this preliminary plat
approval (April 2, 1982), the sponsor shall submit for review and approval by the Hearing Examiner Committee, FINAL DEVELOPMENT PLANS
for the P.U.D.identifying limitations on the use and design of the
site aad other information as called for in the P.U.D. classification
of the County Zoning Ordinance.
18. That the FINAL DEVELOPMENT PI.ArT is to include:
a. agreement for Spokane County Parks Department to acquire a
Public Trail Easement the full length of the proposal-along the
Spokane River, which is to include the manner and timing of the
trail being improved.
b. Estimated construction schedule for the total long-term develop-
meat of the open space as landscaping, recreatioaal facilties
and other improvements. List by tppe (referring to the Final
Development Plan for location) aad give estimated date of
completion (this may go well beyond finalizatin of the plat).
c. Minimum construction schedule for those items in (b.) above,
which are specifically planned to be improved as the plat is
being finalized. Each item should have the estimated cost of
construction, when the improvement is -to be made as it relates
to a particular phase of the proposal being finalized, and the
method of funding the improvement (as Home Owners'.Association
and/or sponsor).
YNOTE: These three supplements to the Final Development Plan are to
allow the Hearing Examiner Committee a perspective of what, whe.n and
how the common open space is going to be developed and/or maintained.
Minimum and scheduled improvements may be a condition of approval of
the Final Development Plan.
10 M
STAFF ANALYSIS ch 30, 1982 RIVERWAY VILLA (cont.)
► -~c
VI. CONDITIONS (cont.) ,
PLANNING CONpITIONS (cont.)
19. That each final plat substantially conform to the Hearing Examiner
Committee approved Final Development Plan as approved by the County
Subdivisioa Administrator. If the Countq Subdivision Administrator
finds it necessary, a final plat that does not substantially conform
will be heard by the Hearing Examiner Committee as a"change of
conditions" at a public hearing.
20. That an association be formed of all purchasers of lots to establish
a common procedure of maintenance of all open spaces, sewer facili-
ties and any other items identified ia the Final Development Plan.
21. That prior to finalizing any plat, a complete package of by-laws,
protective covenants and articles of incorporation, if applicable,
for the creatioa and, and functioning of the Home Owners' Association
all will be prepared for review by the Plan.ning Department, Prosecu-
ting Attorney's aad appropriate departments or agencies.
22. That prior to finalizing any plat, operation and maintenance agree-
ments of the Home Owners' Associatioa for the common open areas and
related improvements, community sewer system, recreation development '
program, and any other responsibility all will be prepared for
review by Planning Department and appropriate departments or agencies.
23. That proper reference to Home Owners' Association agreements and
other auditor recorded documents be made in each final plat dedica-
tion so as to aotify any potential lot purchaser of such responsi-
• bilities associated with that lot ownership.
24. Upon the abandonment of this project as authorized by Chapter 4.24,
Planned Unit Development, or upoa the expiration of three (3) years
from the FINAL DEVELOPMENT PLAN approval, if aot by then been com-
pleted or have granted an Extension of Time for completioa, the
authorization shall expire and the land and the structures thereon
maq be used onlq for a lawful purpose permissible within the zone in
which the planned unit development is iocated.
25. That the provisions and requirements of the Zoning Ordinance relating
. to the PUD shall be complied with.
26. That all lots and blocks be indicated and common open space lots be
labeled on each Final Plat.
27. That each lot provide for off-street parking as required by the
Zoning Ordinance for Residential Manufactured Home Zoning, that is,
two (2) parking spots w:t*h 200 sq. ft. per parking spot.
28. That upon filing of each Final Plat the PUD Overlaq Zone shall be
finalized and the existing Agricultural zone classification changed
to K.M.H., except Lot 1, Block 1 which will change to Commercial
when filed.
10 N '
STAF'F ANAI,YSIS - ML i 30, 1982 RIVERWAY VILLA (cont. )
VI. CONDITIONS (cont.)
PiANNING CONDITIONS (cont.)
29. That storage of flammable or hazardous materials are prohibited from
being stored in anq mini-warehouse units within this proposal, as a
measure to protect the aquifer and quality of our drinking water.
30. That each final plat dedication will coatain a warning statement
regarding the prohibition of storing flammable and hazardous materials
as approved by the County Subdivision Administrator, Prosecuting
Attorney, and other appropriate department(s).
31. That prior to issuing any building permits on Lot 1, Block 1, the
commerical site, a SPECIFIC SITE DEVEI,OPMENT PI.AN(S) (all or part)
must be approved by the County Zoning Administrator, who will receive
review comment from appropriate Countp departments. -
32. That the Couatq Zoning Administrator is directed to assure proper
compliance with the Zoning Ordinance, assure proper measures for compatibilitq between existing or future adjacent land uses and the
commercial iite, assure that the commercial uses do not exceed those
of neighborhood and local serving stores or services, and coasider
accommodation of "Park & Ride" space for the bus and/or a covered
bus stop. Some items to be considered are: building size, height
and setback; parking; paving; drainage; landscaping; signing; light-
ing; buffering delivery truck traffic from adjacent manufactured
home with sight and sound obscuring fence (as a 5-ft. masonry wall);
ingress/egress; loading areas; and others.
33. That if the County Zoning Administrator finds it appropriate due to
problems or varping opinions, can bring the specific site developlment
before the Hearing Examiner Committee for a decision at a public
heaiing.
34. That the most easterly final plats contain plat dedication which
states: "Active agricultural pursuits with unusual working hours
and the spraqing of pesticides may be occurring on properties adjacent
to lots within this plat until such time as this adjacent property
is developed."
35. That a Substantial Development Permit will be needed for some improve-
ments within the 200-ft. Passive Recreation Area. .
ENGINEER CONDITIONS '
1. That conditional approval of the plat is given subject to dedication
of right-of-way and approval.of the road system as indicated in the
preliminary plat of record and as approved bp the County Engineer.
2. That plans, profiles, and cross-sections as designed to County
standards showing proposed street centerline and curb grades be
submitted to the County Engineer for approval prior to construction
and/or the filing of each final plat; road plans to be prepared
under the direction of a licensed Professional Civil Engineer.
in o
STAFF ANALYSIS - t :h 309 1982 RIVERWAY VILI.A kc(nt. )
VI. CONDITIONS (cont.)
ENGINEER CONDITIONS (cont.)
3. That drainage plans and design calculations showing the alignment of
drainage facilities be submitted to the Countq Engineer for approval
prior to construction and/or the filing of each final plat. Drainage
plans to be prepared under the direction of a licensed Professional
Civil Engineer. County Health District approval is also required of
the drainage plans since drainage may effect the community drainfield
sites.
4. That the regulations of the National Flood Insurance Program be observed since the proposed plat is affected by a Flood Hazard Zone.
5. Construction within the proposed public streets and easements shall
be performed under the direct supervision of a licensed engineer/
surveyor, who shall furnish the Couaty Engineer with "As Built"
plans and a certificate in writing that all improvements were in-
' stalled to the lines and grades shown on the approved construction
plans and that all disturbed monumeats have been repla_ced.
6. No construction work is to be performed within the existing or
proposed public right-of-way until a permit has been issued by the
County Engineer. All work is subject to inspection and approval by
the Countq Engineer.
7. All construction within the existing or proposed public right-of-way
is to be completed prior' to filing each final plat or a bond in the
amouat estimated by the County Engineer to cover the cost of construc-
tion of improvements, construction certificatioa, "As Built" plans,
and monumenting the street centerlines shall be filed with the .
County Engineer.
8. No direct access from lots to stub road connections until such roads
are constructed to Couaty standards and established as County roads.
9. Road design, constructioa, and draiaage control for half right-of-waps
and stub road connections are the responsibility of the Developer.
10. That•appropriate provision be made that the following described
property be held in trust uittil the continuation of the streets be
dedicated or deeded. A 1-foot strip at the ends or edges of all
streets that termi.nate or border each plat boundary. (Temporary
cul-de-sacs are required when streets terminate at the plat bound-
aries.) 11. A statement must appear in the dedicatory language of each plat
that: "Individual drivewty access permits will be required prior to
issuance of a building permit for driveway approaches to the County
road system."
12. Dedication of 15 ft. additional right-of-way along Barker Road .
Dedication of 10 ft. additional right- of-waq along Mission Avenue.
10 P
STAFF ANALYSIS - Ma 30, 1982 RIVERWAY VILLA (cont.)
VI. CONDITIONS (cont.)
ENGINEER CONDITIONS (cont.)
13. A statement shall be placed in each plat dedication that: "No direct
access be allowed from residential lots to Barker Road or Mission
Avenue."
14. Existing County roads providing doeA5t access to the plat shall be
paved and/,air curbed to the Spokane County Standards.
15. That all public roads within each plat be designed and constructed
to Spokane County Standards.
16. That sidewalks are required along the arterial(s) on Barker Road/
Mission Avenue and along the collector Indiana. •
17. Tht Public Road Standard TYPICAL Roadway Section be:
Section Number 2 for Indiana with Minimum Paving width being the
Collector Standard, and Section Number 2 for other public roads with
Minimum Paving width being the Access Standard.
18. The proposed plat shall be improved to the standards set forth in
Spokane County Board of County Commissioners' Resolution No. 80-1592,
as amended, which establishes regulations for roads, approaches,
drainage, and fees in new construction.
19. That Barker Road be improved to Spokane Couaty Major Arterial Standard
on the plat half of the right-of-way.
20. That Mission Avenue be imrproved to No. 2 Secondary Arterial Standard
including a combination bicycle-snow storage lane. Imp rovements are
for the plat half of the right-of-way onlq.
21. Because of the traffic impacts of this development proposal upon the
egisting Countp Road System, it shall be the responsibility of the
Developer to provide necessary right-of-way and improve Barker Road
from Mission Aneaue aorthward to the river.
' 22. That improvements to Mission Avenue and Barker Road adjacent to Lot
1 Block 1 shall be a requirement of the,zone change and improve-
ments will be constructed prior to the issuance of a building permit
on that parcel.
23. Improvements to Mission Avenue from the easterly line of Lot 1 Block
1 to the easterly plat boundary will be required as that phase of
the project is developed,either as a zone change or finalized as a
plat.
24. The Washington State Department of Transportation (WSDOT) has re-
sponded to the Environmental Impact Statement by stating that the additional traffic generated bq this proposal will "cause a severe
impact on the Barker Road/I-90 Interchange." Should it become
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STAFF ANALYSIS ch 30, 1982 RIVERWAY VII.LA (cont.)
VI. CONDITIONS (cont.) . ENGINEER CONDITIONS (cont.)
24. (cont.)
severely impacted the WSDOT would "Look to Spokane County to share
in the cost of modifying the structure and/or ramps to accommodate
additional traffic generated by this proposal."
The applicant has indicated that the proposed subdivision/PUD will
be phased over an eight-year period with eight or nine phases. A
traffic analysis of each phase will be required of the developer and
revi 9ooCane Countq -prior -to "each plat finarization. ---Ttiis'
=analysis will be coordinated with tfie-State_of Washington Department
of Transportation. If the WSDOT determines that a phase will adverse-
ly impact the I-90 facility and Spokane County is required to parti-
cipate in the improvement of the Barker Road interchange, Spokane
Countq will require that the plat sponsors pay a share of the improve-
' ments based upon the proportionate traffic generated from this
proposal.
~ Traffic analysis for each phase will *4sa serve as a basis for the
evaluation of the need for traffic coatrol devices at Barker Road
and Mission Avenue. Should the analysis determine a need for inter-
section upgrading, the developer will be assessed a proportionate
share for the required improvements.
,
In the event future public agency funds are not available to construct
improvemeats needed to mitigate traffic impacts created by particular
' phases of the project, the sponsor must provide adequate assurances
' to guarantee the implementatioa of the needed improvements or delay
the development of the particular phases in question until either
private or public funds do become available to construct the needed
improvements. . 25. That during construction, measures are to be taken to prevent deposit-
' iag mud oato paved arterial surfaces to minimize air pollution
problems.
UTILITIES CONDITIONS
1. "The owaer, his heirs and successors shall join and participate in
any petition or resolution which purpose is the formation of a
utility local improvement district (ULID) pursuant to RCW Chapter
36.94, as amended. The owner, his heirs and successors shall further
agree aot to oppose or protest any legal assessments for any utility
local improvement distritt (ULID) established pursuant to RCW
Chapter 36.94, as amended." Each plat dedication is to include this
statement.
2. Any water service for this project shall be provided in accordance
with the Coordinated Water System Plan for Spokane County.
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STAFF ANALYSIS - :ch 30, 1982 RIVERWAY VILLA (cont.)
VI. CONDITIONS (cont.)
UTILITIES CONDITIONS (cont.) •
3. Public Sewers are required.
4. That the appropriate final plats which contain lots over interim
community'drainfields shall include the following statement in the
final plat dedication: "no building permits will be granted for lots
thru of Block until this proposal is coanected to an
area-wide sewer collection system and release approval is granted by
County Utilities Department."
NOTE: The blanks are to be filled in as they apply to the final
plat, which in total are Lots 1 thru 28 of Block 14, and Lots 38
thru 56 of Block 6.
5. That underground utilities are required with overhead utilities
prohibited. .
HISTORIC PRESERVATION
1. That if any artifactural material is discovered, the Spokane City/
County Historic Preservation Office and the State Office of Archae-
ology and Historic Preservation should be contacted immediately. FIRE CONDITONS
1. Adequate water for fire•protection and distribution of such water is
required. A plat plan showing water distributioa and emergenry .
vehicle access is required to be submitted for approval prior to
filing each final plat.
2. That a"fire lane" with "crash barriers" be located and constructed
for fire truck access at the north end of the north-south road, just
east of the commercial site. The fire lane is to cross the open-space
area and connect with Indiana, which would have the second "crash
barrier." The design and construction is to be reviewed and approved
by Fire District #l and County Raad Engiaeers. That each "crash -
gate" be properly posted to prevent blocking emergency traffic.
3. That Final plat road names be reviewed by Fire District #1 before
each final plat is filed.
SCHOOL CONDITIONS
• 1. That an acceptable agreement exist between the sponsor and Central
Valley School District prior to finalizing anq phase of the proposal.
(See file and EIS)
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STt= ANALYSIS - Ma 30, 1982 RIVERWAY VILLA (cont.)
~
VI. CONDITIONS
HEALTH CONDITIONS 1. A combined surface water and sewage disposal detailed plan shall be
approved by the County Engineer and the Health District prior to any
phase being finalized and the issuance of any building permit for
this project.
2. A statement shall be placed in the dedication of each plat to the
effect that: "A public sewer system will be made available for the
plat and individual service will be'provided to each lot prior to
sale. Use of individual on-site sewage systems shall not be author-
i2ed. " "
3. An on-site sewage management system shall be created and approved by
the Spokane County Health District prior to fili.ng of any final
plat. Dedicatory language of each plat shall include the statement:
"Each lot ownership shall be a member of the on-site sewage manage-
ment association until said association is dissolved."
4. Water service shall be by an existing public water supplp when
approved by the Regional Engineer (Spokane), State Department of Social & Health Services.
5. Prior'to filing any final plat; the sponsor shall present evideace
that the plat lies within the recorded service area of the water
system proposed to serve the plat. The dedicatory language oa each
plat shall state: "Use of private wells and water systems is prohib-
ited."
6. Disposal of sewage effluent beneath paved surfaces is currently
prohibted.
7. The community drainfield and sewage treatment facility plans shall
.be reviewed by the Department of Ecology and shall satisfy their
eagineering and health regulations prior to finalizing any plat.
8. Prior to any grading of drainfield sites, approval must be given by
Washington State Department of Ecology and the Spokane County Health
District. The upper soil horizon should be protected in order to
provide for optimal treatment of effluent.
NATURAL RESOURCE CONDITIONS
1. Commercial removal of top soil is prohibited.
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