28071 PE-1852
crnc~I
~ne 3P6 COMMUNITY DEVELOPMENT DEPARTMEN 2
;o*Valley CURRENT PLANNING DIVISION Y ~~~s
COVER MEMORANDUM
Date: May 20, 2005
To: C~i~ty of Spok•ane Vall'ey`~E~n,gi~ ee_~in:g~De:pa1~m,,e-;9wt
• Sandra Raskell, P.E., Assistant Engineer
City of Spokane Valley Building Department - Dawn Dompier Spokane County Division of Utilities - Information Services; Jim Red
Spokane County Air Pollution Control Authority - Ron Edgar
Spokane County Transit Authority - Gordon Howell
Spokane County Fire District No. 1- Bill Clifford
Model Irrigation District #18
From: Heather Kauer 11707 East Sprague Avenue, Suite 106
Spokane Valley, WA 99206
PH: 509.688.0046
FX: 509.688.0037
E-MAIL: hkauer u~spokanevallev.orQ
SUBJECT: ; ~ m e t fo -S ra,W-t > r:s Addit~i n: P -97
The City of Spokane Valley is requesting your comments in regards to approving a first
time extension for Strawther's Addition (PE-1852-97). Should the time extension be
approved, the preliminary plat approval will be extended to December 31, 2005.
Please review and submit written comments via mail, facsimile or mail by June 3t
2005 to the attention of the staff person identified above.
Attachments: Time Extension Application
Site Plan
Hearing Examiner's Decision
11707 E. Sprague • Suite 106 • Spokane Valley, WA • 99206 - (509) 921-1000 • Fax (509) 921-1008
CITY OF SPOKA.NE VALLEY
APPLICATION FOR EXTENSION OF TIME
DIVISION OF PLANNING .
NAME OF PLAT/FILE NO: S' ~~~['~~✓%/~iV
PA,RCEL NO:a< 9" /Oto Y- 4S-3.3,2 . S I q~
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APPLICANT (NAME OF LEGAL OWNER):A2.W/19LC-~ 9'M41,rJ77449-~
MAILING ADDRESS:
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CITY:_V.0&&,/ E STA fE: ZIP: ~
PHONE: (work) (home)
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IF APPLICANT IS NOT THE OWNER, INCLUDE WRITTEN OWNER AUTHORIZATION FOR
THE BELOW OWNER'S DESIGNATED CONTACT TO SERVE AS REPRESENTATNE
OWNER'S DESIGNATED CONTACT:
MAILING ADDRESS:
CITY: STATE: ZIP:
PHONE: (work) (home) (faz)
1. Has ~ny portion of the plat, short plat or BSP been finalized (recorded)?
2. Has a proposed final plat, short plat or BSP been submitted to the Division of Planning?
Yes No ~ If no, why has the plat, short plat or BSP not 6een finalized?
What has been the delay? °
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3.What progress has occurred: Wha£-condltions of approval have been completed (such as survey
work, improvements constructed, departmental approvals obtained)?
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4. Is this a phased project? Yes No If yes, please complete the following information:
No. of lots originally approved: No. of phases finalized to date: No. of lots remaining to be finalized: No. of acres remaining to date:
LEGAL OWNER SIGNATURE
(Signature o egal owner o r~ epresentative as authorized by legal owner)
rLc~ e..!
~ (print name) SWEAR OR AFFIItM THAT
THE ABOVE RESPONSES ARE MADE TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE.
I FURTHER SWEAR OR AFFIItM THAT I AM THE OWNER OF RECORD OF TBE AREA PROPOSED
FOR THE ABOVE IDENTIFIED LAND USE ACTION, OR, IF NOT THE OWNER, ATTACHED
HEREWITH IS WRITTEN PERMISSION FROM THE OWl\iER AUTHORIZING MY ACTIONS ON
ffiS/HER BEHALF. .
ADDRESS:_Jy,, 3 2 (o A. CA ~ 9-6e8 lCd Olt-e LlJ PHONE: Sb c1 -7
CITY:2D lC STATE: td r~ - ZIP: 9 7~? ~
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SIGNATURE DATE
NOTARY
STATE OF WA5HINGTON )ss:
CITY OF SPOKANE VALLEY)
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SUBSCRIBED AND 5WORN to before me this_,.2-49 day of
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. ~ ~ ~i • ~i` ~ NOTARY SIGNATURE
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® V V ~ Notary Public in and r the e of Washington
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My appointment expires: 62
w DATE SUBMITTED: 4ket c RECEIVED BY:-4.
AMOUNT RECENED: RECEIPT NO:
SPOKANE COUNTY HEARING EXAMINER
RE: Preluninary Plat of Strawther's Addition, ) FINDINGS OF FACT,
in the Urban Residential-3.5 Zone ) CONCLUSIONS,
Applicant: Donna Strawther ) AND DECISION
File No. PE-1852-97 )
1. SUMMARY OF PROPOSAL AND DECISION
Proposal: Application for the preliminary plat of Strawther's Addition, to divide
approximately 3.24 acres of land into seven (7) lots, for development of four (4) single-family
residences, three (3) duplexes and those uses allowed in the existing Urban Residential-3.5
(LJR-3.5) zone.
Decision: Approved, subject to conditions.
II. FINDINGS OF FACT AND CONCLUSIONS
The Hearing Exaininer has reviewed the preliminary plat application and the evidence of
record, and hereby adopts the following findings of fact and conclusions:
A. GENERAL INFORMATION:
Applicant: Donna Strawther, 16326 North Castlebrook Lane, Spokane, WA, 99208
Legal Owners: Charles and Donna Strawther, 16326 North Castlebrook Lane, Spokane, WA,
99208
Site Address: Existing duplex on site located at 11001 East 40`'' Avenue, Spokane, WA Location: The site is located at the northeast corner of Dishman-Mica Road and 40' Avenue,
in the NW '/4 of Section 33, Township 25 North, Range 44 E.W.M., Spokane County, WA.
Legal Description: As indicated on the preliminary plat of record.
Zoning: Urban Residential-3.5 (LTR-3.5). The site is also located within the Aquifer Sensitive
Area Overlay zone and the Public Transportation Benefit Area designated by the County Zoning
Code.
Comprehensive Plan Category: The site is designated in the Urban category of the Spokane
County Generalized Comprehensive Plan. The property also lies within the Urban Impact Area,
the Priority Sewer Service Area and the Aquifer Sensitive Area (ASA) designated by the
Comprehensive Plan.
HE Findings, Conclusions and Decision PE-1852-97 Page 1
Critical Areas: The County Wetland Inventory maps designate a Category 3 wetland on land
lying across Dishman-Mica Road from the site.
IUGA: The subject property is located inside the Interim Urban Growth Areas boundaries
established by Spokane County on February 11, 1997, pursuant to the State Growth Management
Act.
Environmental Review: A Determination of Nonsignificance (DNS) was issued for the
proposal on August 7, 1998.
Site Description: The site conta.ins approximately 3.24 acres of land, is irregular in shape
and is currently improved with a duplex. The duplex, which was constructed in 1996, is located
near the south property line of the site adjacent to 40`h Avenue. The remainder of the site is
undeveloped and covered with Ponderosa Pine trees, with some native grasses and little
underbrush. A natural draw and swale runs fihrough the northerly portion of the site, through
which stonn water is conveyed to a 24-inch diameter culvert underlying Dishman-Mica Road,
and then drains into a natural wetland located on the west side of the road.
Surrounding Conditions: The site lies adjacent to Dishman-Mica Road, which is designated
as a Principal Arterial by the County Arterial Road Plan. Dishman-Mica is currently a two-lane
paved road within a 60-foot wide right of way, but lacks curb, sidewalk and street lighring.
Overhead transmission lines border the east side of the road adjacent to the site. The southerly
border of the site abuts 40"' Avenue, which is designated as a Minor Arterial by the Arterial Road
Plan. The northeast corner of the site abuts a cul-de-sac and stub road for 38`'' Avenue, which is
designated as a Local Access road. Curbing but not sidewalk are found along 38" Avenue and
40`hAvenue. Castle Park is located approximately a half mile north of the site. Castle Park, a
small County park, lies approximately a half mile north of the site.
The land lying west of the site across Dishman-Mica Road is zoned UR-3.5, but is undeveloped.
The land north of the site is zoned UR-3.5, a.nd is developed with single-family residences on
lots consistent with such zoning. The land lying east of the site is zoned UR-3.5 or Urban
Residential-7 (LTR-7), and is developed with duplexes and some single-family homes. The land
lying south and southeasterly of the site, across 40" Avenue, is zoned Regional Business (B-3)
and is improved with a grocery store, tavern and veterinary clinic.
Project Description: The preliininary plat application proposes to divide 3.24 acres into
seven (7) lots, for development of four (4) single-family homes, two (2) proposed duplexes and
one (1) existing duplex. The preluninary plat map characterizes the proposed duplexes as
"proposed condominiums". The applicant has withdrawn a request for approval of the existing
duplex on proposed Lot 1a/lb as a"divided duplex". The density of the project (i.e. net density,
excluding roads) is approximately 3.3 units per acre.
The preliminary plat map illustrates a proposed drainage easement running along the
southeasterly portion of proposed Lot 5, which easement connects with an existing drainage
easement east of the site. Private 20-foot wide driveway easements serving proposed Lots 4-7,
are illustrated connecting to a proposed private cul-de-sac to the east. The proposed cul-de-sac,
which provides direct access for proposed Lots 2, 3 and 7, connects to the existing cul-de-sac for
380'Avenue. The existing duplex on the site accesses directly onto 40'`' Avenue. The conceptual
HE Findings, Conclusions and Decision PE-1852-97 Page 2
drainage plan submitted by the applicant proposes to convey stormwater under the private
driveways on proposed Lot 5 through a 12-inch diameter culvert, which culvert connects to the
24-inch culvert that passes under Dishman-Mica Road. A utility easement is illustrated along the
easterly border of the proj ect.
B. PROCEDURAL INFORMATION:
Applicable Zoning Regulations: Spolcane County Zoning Code Chapter 14.616
Heariag Date and Location: August 26, 1998, Spokane County Public Works Building,
Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA.
Notices: Mailed: August 7, 1998, by applicant.
Posted: August 10, 1998, by applicant.
Published: August 7, 1998
The legal requirements for public notice have been met.
Site Visit: August 25, 1998
Hearing Procedure: Pursuant to County Resolution No. 96-0171 (Hearing Examiner
. Ordinance) and Resolution No. 96-0294 (Hearing Examiner Rules of Procedure).
Testimony:
Francine Shaw Scott Engelhard
Division of Building and Planning Division of Engineering and Roads
1026 West Broadway 1026 West Broadway
Spokane, WA 99260-0240 Spokane, WA 99260 .
Jerri Brown Tony Stinson
3811 South Moffitt 11021 East 38`h Avenue
Spokane, WA 99206 Spokane, WA 99206
Gina Lusk Steve Holding
11014 East 38"' Avenue 3819 South Moffitt
Spokane, WA 99206 Spokane, WA 99206
Sami Perry Donna Strawther
11119 East 38"' Avenue 16326 North Castlebrook Lane
Spokane, WA 99206 Spokane, WA 99208
Items Noticed: Spokane County Comprehensive Plan, County Zoning Code, County Code,
County Guidelines for Stormwater Management, and County Standards for Road and Sewer
Construction. County Resolution No. 97-0321 (adopting interim development regulations
regarding County IUGAs), 97-0134 (establishing IUGA boundaries), 96-1224 (adopting
Subdivision Ordinance), 96-0171 and 96-0294. Also County Wetland Inventory Maps, County
Critical Areas maps and County Arterial Road Plan maps.
HE Findings, Conclusions and Decision PE-1852-97 Page 3
C. LAND USE ANALYSIS:
1. Aanroval criteria for preliminarv nlat
The County Hearing Examiner Ordinance authorizes the Hearing Examiner to grant, deny or
grant with such conditions, modifications and restrictions as the Examiner finds necessary to
make a preliminary plat application compatible with the Spokane County Generalized
Comprehensive Plan and development regulations. See County Resolution No. 96-0171,
Attachment "A", paragraphs 7(d) and section 11; and RCW 36.70.970.
RCW 58.17.110 requires that an application for a preliminary plat make appropriate
provision for the public health, safety and welfare, and various relevant factors; and serve the
public use and interest. The preliminary plat must also conform to local zoning regulations and
other applicable land use controls. See RCW 58.17.195. The County Zoning Code, Subdivision
Ordinance and Critical Areas Ordinance are among the development regulations that apply to the
proposed preliminary plat. The County's Local Environmental Ordinance, codified in SCC
chapter 11.10, and the State Environmental Policy Act (SEPA), codified in chapter 43.21 C
RCW, are also applicable.
RCW 58.17.010 and RCW 58.17.100 indicate that general conformance with a -
comprehensive plan is relevant in determining whether a preliminary plat should be approved by
local government. See Norco Construction v. King County, 97 Wn.2d 680, 682 (1982).
However, to the extent the policies of a comprehensive plan conflict with zoning code provisions
or other development regulations, tlie development regulations will normally be regarded as
controlling. See Weyerhaeuser v. Pierce County, 124 Wn.2d 26, 43 (1994); Cougar Mt. Assocs.
v. King County, 111 Wn.2d 742, 755-57 (1988); and Nagatani Bros. v. Commissioners, 108
Wn.2d 477, 480 (1987).
The Comprehensive Plan itself states that it should be used as a reference source and guide
for making land use decisions. Comprehensive Plaii, p. 2. The applicable "decision guidelines"
- set forth in the Comprehensive Plan are to be used in determining whether or not a particular '
land use proposal should be approved, conditioned or denied.
2. The nreliminarv nlat, as conditioned, eenerallv conforms to the Comnrehensive
Plan; makes annrovriate provision for the public health. safetv and welfare, for the factors set
forth in RCW 58.17.110 and other relevant facts: serves the nublic use and interest: and comnlies
with the Countv Zoninia Code and other awlicable development reiaulations.
a. Annlicable ComDrehensive Plan policies
(1) Urban category
The proposal is designated in the Urban category of the Comprehensive Plan. The Urban
category is intended to provide the opportunity for a"citylike" environment, which includes
various land uses, residential development and a high level of public facilities and urban
services. It is primarily a residential category of single-family, two-family, multi-family, and
condominium buildings along with neighborhood commercial, light industrial, and public and
recreational facilities. The Urban category recommends a residential net density range of one (1)
HE Findings, Conclusions and Decision PE-1852-97 Page 4
to 17 units per acre. The more intensive uses contemplated in the Urban category, such as light
industrial and neighborhood commercial, will be located near or along the heavily traveled
streets. The least intensive single-family residential uses will be isolated from the noise and
heavy traffic, while multifamily structures will usually be a transitional use located between
single-family residential and the more intensive areas. See Comprehensive Plan, Section 1,
"Purpose" and "Detailed Definition".
The Urban category includes the following relevant objectives and decision guidelines:
Goal 1. 1 Encourage a variety of housing types and densities. .
Objective l.l.a Promote fill-i» witlliii established development areas and
e.cisting outlying commuiiities where ictilities, af•teYials, schools and
comnzunity facilities have alreacly beeii established.
pient will be approved in areas
Decision Guideliite 1.1.1 Urban develon
having adequate power supplies, water, sanitary atZd storm sewers,
streets, and school and fire services, provided that suclz development
meets the intent of other Objectives aizd Decision Guidelines of this
section.
Decision Guideline 1.1.2 Base net density for single family dwelling
areas and for multifanzily clwelling areas mny be increased through bonus
options, bonus densities, zero lot lines or similar methods when meeting
the fill-in criteria.
Decision Guideline 1.1.4 A variety of densities and residential uses
should be available to provide a freedom of choice zo live in Urban areas
with varying densities, combinations, or iriix of uses (see detailed Urban
definitions).
Objective 1.2.a Support increased cluster developmefit providing for open
spaces with the develop»zent.
Objective 1.2.b Eizsure adequate opeir space, recreationul facilities and
parks for resideiitial development.
Decision Guideliize 1.2.1 Cluster development proposals may be
approved when such proposals are conzpatible with nearby development
and when the overall defined Urbart density on the proposal site is not
exceeded.
Decision Guideline 1.2.2 The need for recreation afid open space created
by residential developments should be rnet and be in conformance with
ordinances, plans, and policies prior to residential clevelopment approval.
Objective 1.3.a Guide developr,zent by environmental conceYns and
natural limitation rather than thwart development solely by desire to
protect the enviroyiment.
HE Findings, Conclusions and Decision PE-1852-97 Page 5
Objective 1.3.b Future developnzents should be encouraged in a manner
to least disturb the natuYal elements in the environment.
Decision Guideline 1.3.1 Proposed Urbaiz developments shoulcl be
designed to benefit fro»z, accommodate uncl complement the
environnzental coizditions and enviroizinental feutures.
Decision Guideliize 1.3.2 The design or udoption of a proposal shall
consider the retention and maintenance of identifietl "unique
enviYOnmental features
Decision Gruideliile 1.3.3 All Urban developnzent proposals should
require public safzitary and storrn sewer syste»zs or ii2terim sewer systems
to protect water quality.
Decision Guideline 1.4.1 Development shall not occur on lands identified
as being in a 100 year flood plain or as 1laving a history of flooding,
unless the developer constructs mecl2anisms:
a) accepted by the financing institutioiz und by the County
Engineers as capable of protectit2g life and property from flood
damage; and
b) which do not increase or change ivater flows which may
damage other property.
Decision Guideline 1.4.3 Urban clevelopnzent proposals and their design
shall consider the reteiition ajzcl nzaintenance of affected fragile wildlife
areas and/or unique environ»zental ureas ide»tied by the County.
Goa11.5 Encourage a healtlzful and pleasing environment in the
County's residential areas.
Objective l.S.a New Yesidential or inultiple family should be buffered
from existing adjacent land uses where adverse effects may develop.
Decision Guideline 1.5.1 Buffering and/or landscaping will be used to
mitigate the differences between proposed developnzents and existing uses.
Decision Guideline 1.5.4 Sidewalk facilities will be required along
arterials connectiizg residential areas with comrriunityfacilities and/or
commercial areas.
Decision Guideline 1. 5.5 Paved streets and street lights should be
required in Urban density development.
Objective l.S.e When a neigliborhoocl experiences pressure for change in
character, such change shall be pernlitted upon appropriate review.
Objective 1.5.8 When determiniizg whetller u proposal will change the
existing land use character of an area, fuctors to consider may include:
HE Findings, Conclusions and Decision PE-1852-97 Page 6
a) the structure heiglzt of the proposal in relatioiz to structure height of
nearby structures, and
b) whether new structures will have a positive oY negative impact upon
the neighborhood 's arclzitectural character.
Decision Guidelirre 1.61 Before land use proposals are approved they
should:
a) conform to plans, policies and regulations of County water, sewer,
storm sewer,
b) utility and special service distYicts;
c) conform to County transportation plans und policies; and
d) identify and take steps to resolve sigi2ificant adverse impacts upon
existing utilities, (i. e. water, sanitary and storm sewers, utility,
available and future energy Yesources), atid ti-affic systems.
(2) Critical Areas policies
The Critical Areas section of the Comprehensive Plan recommends that development
proposals and their design consider the retention and maintenance of critical fish and wildlife
habitat areas and the provision of buffers to protect such comdors and water habitats. Decision
Guideline 13A.3.2.2. Subsections 13a.1, 13a.4 and 13a.5 of the Critical Areas section contains
policies for wetland, frequently flooded and geologically hazardous areas. The County Critical
Areas Ordinance, codified in Chapter 11.20 of the Spokane County Code, implements the
policies of the Comprehensive Plan relafied to priority wildlife species and habitats, wetlands and
geologically hazardous areas. The County's flood control ordinance, codified in chapter 3.20 of
the Spokane County Code, implements the policies of the Comprehensive Plan for flooded areas.
(3) Urban Impact Area policies
The property is located within the Urban hnpact Area (UTA) designated in the
Comprehensive Plan. See Comprehensive Plan, Section 14. This is an area where growth, "fill-
in development" and higher intensities of land use are encouraged. Comprehensive Plan,
Objective 14.1.a. Traditional urban problems such as incompatible land uses, environmental
pollution and traffic congestion are to be managed with greater attention to the general public's
well-being inside the UTA. Comprehensive Plan, Objective 14.1.e.
(4) Transportation policies
The Transportation section of the Comprehensive Plan contains the County Arterial Road
Plan, and policies relating to the development and uses along County arterials and local access
roads. Comprehensive Plan, Section 21. The Arterial Road Plan designates and describes
various classes of County arterials, i.e. Principal Arterials, Minor Arterials, etc., with the
remaining public roads in the unincorporated area of the county designated as Local Access
roads.
The Arterial Road Plan generally characterizes a Principal Arterial (without controlled
access) as a four or more lane (including turning lane), moderately fast facility designed to
permit relatively unimpeded traffic flow between major traffic generators, such as the central
HE Findings, Conclusions and Decision PE-1852-97 Page 7
business district, major shopping centers, major employment districts, etc. The desired right of
way width for a four-lane Principal Arterial under the Arterial Road Plan is 100 feet, with a
minimum roadway width of 63 feet prescribed between curbs. Common features along such
arterials include pedestriasi crosswalks at signalized intersections, restricted parking, landscaping,
drainage, street-lighting and separated sidewallcs. See Comprehensive Plan, p. 246-247, 253-254
and Figure 21-4. The Arterial Road Plan recommends the early acquisition of the prescribed
right of width for Principal Arterials, even though actual road construction within such right of
way may be accomplished in phases over time. Comprehensive Plan, p. 253.
Decision Guideline 21.1.3 of the Transportation Section states that the review of land use
proposals should contain provisions for extensions, alignments and adequate right of way
acquisition for designated County Arterials. Decision Guideline 21.1.2 indicates that such
review should include provisions for future road continuance through the project site, with
special attention given to ensure that all adjacent property has access to a public road. The
Transportation section encourages an adequate, efficient, safe, economical and energy-
conserving arterial system; which provides convenient access to homes, employment, shopping,
personal business and recreation. Decision Guideline 21.4.2. Decision Guidelines 21.4.5 and
21.5.7 recommend that the function of existing and future a.rterials be preserved by controlling
land uses, parking and direct access along the arterials.
Decision Guideline 21.5.3 encourages land use planning that will minimize the need for high
capacity transportation corridors and encourages land uses in areas that can take advantage of the
available capacity of existing arterial streets. Decision Guideline 21.1.9 recommends that
residential development be designed to minimize direct access to principal arterials. Decision
Guideline 21.3.3 states that access roads should be designed to provide access to abutting
property and to deliver traffic to arterials. Decision Guideline 21.5.10 recommends that
"through" traffic be discouraged from using residential access streets, using techniques such as
offset intersections and cul-de-sacs. Decision Guidelines 21.1.4 and 21.5.11 encourage the
placement of sidewalks along all arterial roads aild all access roads which lead to schools, parks,
shopping districts and other neighborhood facilities.
The Spokane County Standards for Road and Sewer Construction and the Spokane County
Code, adopted under Chapter 9.14 of the Spokane County Code, implement the Arterial Road
Plan and the transportation policies of tlie Comprehensive Plan.
(5) Stonnwater management
Section 22 of the Comprehensive Plan specifies various policies for stormwater
management. The following policy of the Utilities section of the Comprehensive Plan is
pertinent:
Decision Guideline 22.4.1 New developmeizts and land use activities
should be designed to :
a) protect tlze drainage fuitctions of floocl plains, rzatural
drainageways, sink ar•eas ancl other existing drainage facilities;
b) provide reasonable assurance tltat the development site and
buildings tlzereon will be protectetl from clamage due to
stormwater runoff,•
HE Findings, Conclusions and Decision PE-1852-97 Page 8
c) provide reasonable assuYance tlzat pYOperties tcpstream and
downstreamfrom the site being developed ure protected from
stoYmwater damage resulting site development or from the new
land use activity;
d) control runoff from the developrrzent in a manner complementing
the natural, basin wide drainage syste»z und/or consistent with the
busin plan;
e) incorporate cost-effective contYOls necessaiy to minimize adverse
effects on water quality;
j) meet the requirements of the Nationccl Flood Insurance Program;
and
g) consider, where feasible, the multiple use of facilities, such as the
iMtegration of stonnwater control facilities with recreation/open
space areas.
The Aquifer Sensitive Overlay zone of the Zoning Code, the County Guidelines for
Stormwater Management and Chapter 9.14 of the County Code implement the water quality and
stormwater provisions of the Comprehensive Plan.
b. Consistencv of proposal with applicable policies and reirulations
The Staff Report found that the proposal generally conforms to the Comprehensive Plan.
The proposal is located within the Urban Residential-3.5 (LJR-3.5) zone, a zone which
implements the Urban category of the Comprehensive Plan. The purpose and intent of the
UR-3.5 zone is set forth in Zoning Code 14.616.100, as follows:
The purpose of tlze UR-3.5 zone is to implenzerit the lower density range of
the Urban category of the Comprehensive Plan. The intent of the zone is
to promote areas ofprimarily single family residential use in an urbanized
neighborhood setting, having a high level of public services. Lots shall be
served by a public water systenz and shull require connection to a public
central sewer system when available. Roadways shall be paved and
curbed and may have sidewalks.
The net density of the proposal of 3.24 dwelling units per acre is well within the
recommended density range of the Urban category. As contemplated by the Urban category,
the proposal will be served by a high level of public services, including public sewer and
water, and modern utilities. The project is located inside the Public Transportation Benefit
Area designated by the County Zoning Code, which is the area where the Spokane Transit
Authority is responsible for providing public transit services. See Zoning Code 14.300.100,
definitions. The nearest transit stop is located between one-fourth (1/4) mile and one-half
mile from the site, depending on the walking route taken. The subject property is located in
reasonably close proximity to public schools and a srnall County park. The jurisdictional fire
district indicates that existing water and access for the project are adequate. See letter dated 6-
24-98 from Spokane County Fire District 1. County Engineering found the private roads to
meet the Spokane County Standards for Road and Sewer Construction. See memo dated 3-26-
98 from Scott Engelhard, and testimony of Scott Engelhard.
HE Findings, Conclusions and Decision PE-1852-97 Page 9
Based on the above discussion, the project appears to comprise "fill-in development"
within the meaning of the Urban category and Urban Impact Area section. "Fill-in
development" is defined in the Comprehensive Plan glossary as follows:
Development that is located between arr.d in close proximity to at least two
existing developed geogpapJzic aYeas haviiig densities and land uses which
conform to the Comprehensive Plan Mup categories designated for those
geographic areas. The result of this developfnent would aid in the
economic support of public service systenTS by increasing cost
effectiveness of utilities and public facilities and services.
"Fill-in " has a rrcore specific definition whefz used in the context of
Section 10.1, Water Quality, of this Plan. In uccordance with the "208
Water Quality Management Plun, fill-iii refers to that development to be
located within the Priority Sewer Service Area (PSSA) and located in a
Comprehensive Plan designation of Urban, Suburban, Suburban,
Industrial or Major Commercial, whiclz will create an urbanized
environment; one inost likely economicully andpructicully to support
connection to the regional public sewer systein. "Fill-in " in this context
has the further objective of helpii2g to limit new unsewered development in
the Aquifer Sensitive AYea (ASA) in low density, therefore minimizing the
threat to the aquifer.
The conceptual drainage plan prepared by the applicant was accepted by County agencies,
addresses Washington Department of Ecology (WDOE) questions regarding potential drainage
impacts to the wetland located on the west side of Dishman-Mica Road, and appears to comply
with the County's Guidelines for Stonnwater Management. See Conceptual Drainage Plan for
Strawther's Addition dated 2-23-98, with 5-7-98 Addendum; inemo dated 5-26-98 from County
_ Stormwater Utility, E-mail inemo dated 5-18-98 from Bill Henzmings of County Engineering;
and letter dated 4-6-98 from WDOE. The natural drainage way will be protected by a drainage
easement recorded on the final plat. A final drainage plan will need to be submitted and
approved prior to final plat approval.
Neighboring property owners objected to the proposal based on concerns over increased
traffic on Moffit Road and the 38`' Avenue stub road/cul-de-sac, insufficient lot size for the
duplex lots, the workability of the proposed private cul-de-sac connecting to the existing public
cul-de-sac, the proximity of the private cul-de-sac to neighboring lots, the safety of turning
movements at 38'" Avenue and Moffitt, the feasibility of providing the project with public water,
impacts on wildlife, the removal of trees on the site, and impacts on property values by
condominiums, duplexes or multifamily dwellings.
The Spokane County Standards for Road and Sewer Construction ("Road Standards"),
adopted in 1995, indicate that direct access should not be allowed to urban Principal and Minor
Arterials. The County Arterial Road Plan also discourages such direct access to arterials. The
proposed preliminary plat does not provide direct access for any lots to Dishman-Miea Road, a
Principal Arterial. The existing duplex on proposed Lot 1 will be allowed direct access onto 40`h
Avenue, a Minor Au-terial, as is currently provided. The proposal has been conditioned to set
HE Findings, Conclusions and Decision PE-1852-97 Page 10
aside 20 feet of frontage along Dish.man-Mica Road as a future acquisition area, in the event such
land is needed for the widening of the road.
The Road Standards indicate that a proposed subdivision should provide a second entrance
road to serve emergency vehicles when the project will have the cumulative effect of having a
local access road serve 50 or more residential units. Currently, there are only 141ots in Chester
Field Addition and three (3) lots in SP-743-92 which access Moffit Road, and even fewer that
access 38t'' Avenue. See County Engineer's official plat map for Section 33, Township 25N,
Range 44 E.W.M. Assuming that six (6) of these lots in the UR-7 zone could be duplexes, this
suggests a total of 23 residential units that currently access such local access roads. The current
project would provide access for up to six (6) more lots, or up to eight (8) more residential units,
along Moffit Road.
Including the project, the cumulative number of lots accessing Moffitt Road would be 23
lots, or up to 31 residential units. This is well below the traffic volume capacity of such road
under the Road Standards, i.e. SO lots on a Local Access road. See testimony of Scott Engelhard.
Project opponents owning lots abutting the existing public cul-de-sac and stub road for 38'
Avenue, or Moffitt'Road, will be subject to increased local traffic. However, no evidence of a
traffic engineering nature was submitted to establish that the proposed access for the project
within or along the nearby public roads is unsafe or would exceed the traffic capacity for such
roads. Lay testiinony on traffic engineering issues generally does not provide a basis for the
Examiner to reject or further condition a development project. See Marantha Minine v. Pierce
Countv, 59 Wn. App. 795, 804 (1990). No other alternatives for access appear to be available for
the proj ect.
The density (net) of the project at 3.24 units per acre is below the density (net) allowed in the
UR-3.5 zone, at the time the preliminary plat application vested, of 3.5 units per acre. Zoning
Code 14:616.305. The maximum allowable density in the UR-3.5 zone was recently increased to
4.3 units per acre. See County Resolution No. 98-0482. Duplexes are a permitted use in the UR-
3.5 zone. Zoning Code 14.605.020. The milumum lot area in the UR-3.5 zone is 10,000 square
feet per unit. Zoning Code 14.616.310. The proposed duplex lots are respectively 30,850 square
feet, 25,990 square feet and 29,175 square feet. The single-family lots range in size from 10,000
square feet to 18,500 square feet. The location of the project along Dishman-Mica Road could
justify higher residential density for the site under the UR-7 zone or possibly a higher residential
zone. This would have a greater impact on neighboring property owners than the current project.
The duplexes in the project provide a buffer between the arterials adjacent to the site and single-
family uses located on the site or adjacent to the site.
The County Critical Areas maps do not illustrate any priority wildlife habitats or wetland
areas on the site that require protection under the County's Critical Areas Ordinance. Mitigation
to preserve the wildlife and tree cover on the site therefore cannot be required of the applicant. A
forest practices application may be required before the trees are removed, if applicable. The site
is not located in a 100-year floodplain. Mitigating measures have been provided to protect the
designated wetland located on the west side of Dishman-Mica Road.
The Urban category of the Comprehensive Plan recommends that the impacts of multifamily
housing and manufactured home development on residential values or aesthetics be considered
before approving such development. Comprehensive Plan, Decision Guideline 1.5.7.
HE Findings, Conclusions and Decision PE-1852-97 Page 11
Multifamily housing does not include duplexes. See Zoning Code 14.300.100, definition of
"dwelling, two-family" and "dwelling, multi-family"; and references to "two-family" and
"multifamily uses" in Comprehensive Plan, on page 13.
The applicant contended that property values in the vicinity could actually be enhanced by
the project, indicating that the assessed value of the existing duplex exceeded the value of the
homes in the area. The proposed development of the two new duplex units as condominiums
would logically have less potential impact on neighboring property owners than if they were
rented. RCW 64.34.050 expressly prohibits local zoning or subdivision laws from prohibiting
the condominium form of ownership, or imposing any requirement upon a physically identical
development under a different form of ownership. Thei-e is no claim that the proposed design or
height of the proposed duplexes or homes will have a negative impact on neighboring properties.
See Comprehensive Plan, Decision Guideline 1.5.8.
The final plat map will need to be revised to show a single lot for the existing duplex on Lot
la/lb. The reference to divided duplexes should be left out on the final plat. Lots 1, 4 and 5
should be labeled as duplex lots, although the applicant may indicate on the final plat or in its
dedication that the duplexes are intended to be owned in a condominium form of ownership. The
Examiner has conditioned the project for compliance with the Condominium Act codified under
chapter 64.34 RCW, if the duplexes are planned to be owned as condominiums.
No public agencies requested that the Determination of Nonsignificance issued for the
project, as conditioned, be modified or withdrawn. The project will not have more than a
moderate effect on the quality of the environnzent, i.e. there are no significant, probable adverse
environmental impacts. The procedural requirements of SEPA and the County's Local
Environmental Ordinance have been met.
The Examiner finds that the prelitninary plat, as conditioned, makes appropriate provision
for the public health, safety and welfare, and foi• the factors listed in RCW 58.17.110. The
preliminary plat geilerally confonns to the Comprehensive Plan, complies with the County
Zoning Code and other applicable development regulations, and will serve the public use and
interest.
III. DECISION
Based on the Findings of Fact and Conclusions above, the application for a preliminary plat is
hereby approved, subject to the conditions of approval set forth below.
Conditions added or significantly modified by the Hearing Examiner below are italicized.
Failure to comply with the conditions of this approval may result in revocation of this approval by
the Hearing Examiner.
SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING
1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant",
which term shall include the project sponsor, developer, owner (s) of the property, and their
heirs, assigns and successors.
HE Findings, Coilclusions and Decision PE-1852-97 Page 12
2. The preliminary subdivision applies to the following real property: That part of the
Southwest quarter of the Northwest quarter in Section 33, Township 25 North, Range 44 East,
W.M., more particularly described as follows: BEGINNING at the Southeast corner of said
Southwest quarter of the Northwest Quarter of said Section 33; thence North 01 35'31" East
along the East line of said Southwest quarter of the Northwest quarter 341.45 feet to the True
Point of Beginning; thence continuing North 01 35'31" East along said East line 100.00 feet;
thence North 89 ° 07' West, 242.10 feet; thence North 34 ° 52'49" West, 134.80 feet; thence South
55 ° 53' West 190.70 feet to the Easterly right of way line of Dishman-Mica Road; thence South
38 ° 38'02" East along said right of way line 129.63 feet; thence South 89 ° 07' East, parallel with
the South line of said Southwest quarter of the Northwest quarter 395.13 feet to the True Point of
Beginning, together with: That portion of the South 341.45 feet of the Southwest quarter of the
Northwest quarter of Section 33, Township 25 North, Range 44 East, W.M., lying Northeasterly
of Dishman-Mica Road, EXCEPT that portion deeded to Spokane County for 40"' Avenue by
deed recorded June 28, 1978 under recording number 7806280424. Situated in the County of
Spokane, State of Washington.
3. The proposal shall comply with the Urban Residential-3.5 (UR-3.5) zone and other
applicable provisions of the Spokane County Zoning Code as amended.
4. The final plat shall be designed suUstantially in confonnance with the preliminary plat of
record. Any Yequest for amodification to the preliminury plat shall be submitted to the Division
for approval, as required by the County Subdivisioii Ordinance. No increase of density or
number of lots shall occur without the submittal and approval of a change of conditions
application.
5. The Director of the Division of Building and Planning/designee shall review any proposed
final plat to ensure compliance with these Findings and Conditions of Approval.
6. A final plat name/number shall be indicated before the final plat is filed, such name/number
to be approved by the Director of the Division of Building and Planning /designee.
7. Appropriate road naine(s) shall be indicated.
8. The final plat map shall indicate by a clear, dashed line the required yard setbacks from all
private and 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 on this
plat may be varied from if the proper zoning approvals ai-e obtained."
9. The preliminary plat is given conditional approval for five (5) years, specifically to
November 4, 2003. The applicant may request an extension of time by submitting a written
request thirty (30) days prior to the above expiration date, in accordance with the provisions of
the County Subdivision Ordinance.
HE Findings, Conclusions and Decision PE-1852-97 Page 13
10. Appropriate utility easements shall be indicated on copies of the proposed final plat.
Approval of utility easements by the appropriate utility companies shall be received with the
submittal of the final plat.
11. Four (4) current certificates of title shall be fiurnished to the Division of Building and
Planning.
12. Prior to filing of the final plat, the applicant's surveyor shall submit one or more maps
outlined in red of the area being finalized (i.e. Spokane County Assessor's map). The scale shall
match the appropriate assessor's map scale.
13. The Spokane County Division of Building and Planning shall prepare and record with the
County Auditor a Title Notice shall be released, in full or in part, the Division of Building and
Planning. The notice should be recorded within the same time frame as an appeal and shall
provide the following:
a. At least 20 feet of reserved future acquisition area for road right-of-way and utilities, in
addition to the existing and/or newly dedicated right-of-way along Dishman-Mica Road. NOTE:
The Spokane County Engineer has not required new dedication.
b. Future building and other setbacks required by the Spokane County 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 laiidscaping, parking, surface
drainage, drainfield, signs and others) shall be considered interim uses.
e. The property owner shall be responsible for relocatuig such "interim" improvements at the
time Spokane County makes roadway improvements after acquiring sa.id future acquisition area.
14. The Division of Building and Plai-ming 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 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 Division of Building and Planning. The Title NOtice shall
generally provide as follows (described above): is the subject of a land use action by a Spokane
County Hearing Examiner or Administrative Official on August 26, 1998, imposing a variety of
special development conditions. File No. PE-1852-97 is available for inspection and copying in
the Spokane County Division of Building and Planning.
HE Findings, Conclusions and Decision PE-1852-97 Page 14
15. At the time of final plat submittal, the applicant shall demonstrate either on the face of the
final plat or on an acceptable attachment that all lots located on a cul-de-sac or curvilinear meet
or exceed the minimum frontage required.
16. A survey is required prior to the filing of a final plat.
17. Any division of the subject property for the purposes of creating additional lots/parcels
shall be reviewed by the Director of the Division of Building and Planning/designee for
compliance with the Spokane County Subdivision Ordinance and all other applicable local, state
and federal ordinances and development regulations, as anlended
18. The final plut map and dedicatioii shall delete any refei•ences to "divided duplex shall
illustrate proposed Lot 1 as a single lot for duplex development, shall indicate the intent to
develop duplexes on proposed Lots 4 and S, and may indicate the intent to hold the duplex lots
and uses in a condominium form of ownership. The applicant shall comply with the State
Condominium Act, chapter 64.34 RCW if a condominium is created.
19. The private road cannot be sold or transferred, regardless of any provision in the covenants
to the contrary, and shall be considered subservient estates for tax purposes to the other lots
created herein.
20. A copy of the homeowners'/propei-ry ow»ers' association articles of incorporation and/or
bylaws andlor covenants alid restrictions, togerher with any other provisions for maintenance of
the private road, shall be submitted for review and approval to the Division of Building and
Planning prior to finalizing.
21. A filed aviation easement satisfactory to the Spokane hlternational Airport Board, Fairchild
Air Force Base or other traffic control agency shall be provided prior to filing of the final plat.
22. The final plat dedication shall state, "The private road shown on this plat is hereby dedicated to the homeowners association created by document recorded
under State document no.
23. The applicant shall comply with the Spokane County Critical Areas Ordinance.
SPOKANE COUNTY DIVISION OF ENGINEERING
1. Approval of the final plat is subject to the County Engineer's approval of the road system
as indicated in the preliminary plat of record.
2. Road plans, profiles and cross sections designed to County standards and showing
proposed street centerline and curb grades shall be submitted to the County Engineer for
acceptance prior to construction and/or the filing of a final plat. Road plans shall be prepared
under the direction of a licensed Professional Civil Engineer.
3. Drainage plans and design calculations showing the alignment of drainage facilities shall be
submitted to the County Engineer for acceptance prior to construction andlor the filing of the
HE Findings, Conclusions a.nd Decision PE-1852-97 Page 15
final plat. Drainage plans shall be prepared under the direction of a licensed Professional Civil
Engineer.
4. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed engineer/surveyor, who shall furnish the County Engineer with
"As Built" plans and a certificate in writing that all improvements were installed to the lines and
grades shown on the approved construction plans, and that all disturbed monuments have been
replaced.
5. No construction work shall 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 tlie County Engineer.
6. All construction within the existing or proposed Public right-of-way shall be completed
prior to filing the final plat or a bond in the amount estinlated by the County Engineer to cover
the cost of construction of improvements. construction certification, "As Built" plans and
monumenting the street centerlines shall be filed with the County Engineer.
7. The applicant is advised that individual driveway access permits are required prior to the
issuance of a building permit for driveway approaches to the County road system.
8. A statement shall be placed in plat dedication that no direct access will be allowed from
lots to Dishman-Mica Road until such time as specifically authorized by the County Engineer.
9. The private road shall be improved to Spokane County Standards for a private road serving
3-61ots.
10. All vested owners shall sign and record private road documents as prescribed by the
Spokane County Engineer. Such documents must be reviewed and approved by the Spokane
County Engineer prior to recording the final plat with the Spokane County Auditor. Recording
numbers shall be referenced in the dedicatory language of the final plat.
11. The following statement shall be placed in the plat dedication: WA►RNING: Spokane
County has no responsibility to build, improve, maintain or otherwise service the private roads
contained within or providing service to the property described in this plat. By accepting this
plat or subsequently by allowing a building permit to be issued on property on a private road,
Spokane County assumes no obligation for said private road, and the owners hereby
acknowledge that the County has no obligation of any kind or nature whatsoever to establish,
examine, survey, construct, alter, repair, improve, maintain, provide drainage or snow removal
on a private road. This requirement is and shall run with the land and shall be binding upon the
owner, their heirs, successors or assigns, including the obligation to participate in the
maintenance of the private road as provided for herein.
12. The proposed plat shall be improved to the standards set forth in Spokane County
Resolution No. 95-0498, as amended, which establishes regulations for roads, approaches,
drainage and fees in new construction.
13. The County Engineer has examined this development proposal and has determined that the
HE Findings, Conclusions and Decision PE-1852-97 Page 16
impact of this proposal upon the existing County Road System warrants the roadway
improvements herein specified.
14. The County Arterial Road plan ideiitifies Dishinan-Mica Road as a 100-foot wide Principal
Arterial. The existing right of way width of 30 feet from centerline is not consistent with that
specified in the Plan. In order to implement the Arterial Road Plan, it is recommended that a
strip of property 20 feet in width along the Dishman-Mica Road frontage be set aside in reserve.
This property may be acquired by Spokane County at the time when Arterial Improvements are
made to Dishman-Mica Road.
15. The applicant is advised that there may exist utilities either underground or overhead
affecting the applicants property, including property to be dedicated or set aside future
acquisition. Spokane County will assume no financial obligation for adjustments or relocation
regarding these utilities. The applicant should check with the applicable utilities and the
Spokane County Engineer to determine whether the applicant or utility is responsible for
adjustment or relocation costs and to make arrangements for any necessary work.
16. The applicant shall grant applicable border easements adjacent to Spokane County Right of
Way per Spokane County Standards.
SPOKANE COUNTY DIVISION OF UTILITIES
1. A wet (live) sewer connection to the area-wide Public Sewer System shall be constructed. A
sewer connection perniit is required. Commercial developments shall submit historical and or
estimated water usage prior to the issuance of the corulection permit in order to establish sewer
fees.
2. The dedication shall state: Public sewers shall be constructed to provide for the connection
of each parcel to the County's system of sewerage. Uses on properties within the project shall be
required to connect to the sewer and pay applicable charges per the County Sanitary Sewer
Ordinance. Sewer connection permits shall be required.
3. The dedication shall state: A public sewer system will be made available for the plat, and
individual services will be provided to each lot prior to sale. The use of individual on-site
disposal systems shall not be authorized.
4. The dedication shall state: Individual tracts shall be subject to payment of applicable
sewer connection charges and/or general facilities charges at current rates prior to the issuance of
a sewer connection pennit.
5. The applicant shall submit expressly to the Division of Utilities, "under separate cover",
only those plan sheets showing sewer plans and specifications for the public sewer connections
and facilities for review and approval. Colnlnercial developments shall submit historical and or
estimated water usage, as part of the sewer plan suUmittal.
6. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the project.
HE Findings, Conclusions and Decision PE-1852-97 Page 17
7. Security shall be deposited with the Division of Utilities for the construction of the public
sewer connection and facilities and for the prescribed warranty period. Security shall be in a
fonn acceptable to the Division of Utilities and in accordance with the Spokane County Sanitary
Sewer Ordinance.
8. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE REGIONAL HEALTH DISTRICT
1. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the Division of Building and Planning to the utility companies, Spokane
County Engineer, and the Spokane Regional Health District. Written approval of the easements
by the utility companies shall be received prior to the submittal of the final plat.
3. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
4. Water service shall be coordinated thxough the Director of Utilities, Spokane County.
5. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
6. Prior to filing he final plat, the sponsor shall demonstrate to the satisfaction of the Spokane
Regional Health District that an adequate and potable water supply is available to each lot of the
plat.
7. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
8. A public sewer system shall be made available for the plat and individual service shall be
provided to each lot prior to sale. The use of individual on-site sewage disposal systems shall
not be authorized.
9. 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."
10. The dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
11. The final plat dedication shall contain the following statement: "The public water system,
pursuant to the water plai1 approved by county aiid state health authorities, the local fire
protection district, County Building and Safety Department and water purveyor, shall be installed
HE Findings, Conclusions and Decision PE-1852-97 Page 18
within this subdivision and the applicant shall provide for iildividual 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."
WASHINGTON STATE DEPARTMENT OF ECOLOGY
1. Final drainage plans shall be subrrcitted to the Depurtment for review to assure compliance
with State water quality standards regardiizg stormwater discharge into a wetland.
DATED this Sth day of November, 1998.
SPOKANE COUNTY HEARING EXAMINER
c
Michael C. Dempsey, WSBA F #8235
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Spokane County Resolution No. 96-0171, the decision of the Hearing Examiner
on an application for a preliminary plat is final and conclusive unless within twenty-one (21)
calendar days from the issuance of the Examiner's decision, a party with standing files a land use
petition in superior court pursuant to chapter 36.70C RCW. Pursuant to RCW 36.70C.040, the
date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed.
This Decision was mailed by Certified Mail to the Applicant and other parties of record on
November 5, 1998. The date of issuance of the Hearing Examiner's decision is therefore
November 9, 1998, counting to the next business day when the last day for mailing falls on a
weekend or holiday. THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR
COURT BY LAND USE PETITION IS NOVEMBER 30^ 1998.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245, (509) 324-3490. The file may be
inspected during normal working hours, listed as M-F of each week, except holidays, between the
hours of 8:00 a.m. and 4:30 p.m. Copies of the documents in the record will be made available at
the cost set by Spokane County Ordinance.
HE Findings, Conclusions and Decision PE-1852-97 Page 19
CHAZLES & DONNA STRAWTHER CHARLES & DONNA STR.AWTHER CHARLES & DONNA STRAWTHER
16326 N CASTLEBRQOK LANE 16326 N CASTLEBROOK LANE 16326 N CASTLEBROOK LANE
SPOK:ANE WA 99208 SPOK:ANE WA 99208 SPOK:ANE WA 99208
JERRI BROWN
3811 SOUTH MOFFITT TONY STINSON GINA LUSK
SPOR:ANE WA 99206 11021 EAST 38TH AVENUE 11014 EAST 38T" AVENUE
SPOK:ANE WA 99206 SPOR;ANE WA 99206
STEVE HOLDING SAMI PERRY JAMES ARNOLD
3819 SOUTH MQFFITT 11119 EAST 38TH AVENUE 3813 SOUTH DISHMAN MICA
SPOK:.ANE WA 99206 SPOK:ANE WA 99206 SPOK:ANE WA 99206
Z 154 731 533
Receipt for
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Pp"TL SERVICE
lSee Reversel
CHARLES & DONNA STRAVVTHER
16326 N CASTLEBROOK LANE
SPOK:ANE WA 99208
E Certified Fee
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O
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to 1Nhom & Date Delivered
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