SUB-2016-0002,REZ-2016-0003 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Preliminary Plat of Greenacres Ranch, and )
Rezone from R-2 Zoning District to R-3 Zoning )
District; ) FINDINGS OF FACT,
) CONCLUSIONS OF LAW,
File Nos. SUB-2016-0002/REZ-2016-0003 ) AND DECISION
Applicant: ESL Enterprises, LLC )
)
I. SUMMARY OF DECISION:
Hearing Matter: Consolidated applications requesting approval of a preliminary plat, and a rezone
from the R-2 zoning district to the R-3 zoning district.
Summary of Decision: Approve consolidated applications, subject to conditions of approval. The
preliminary plat will expire on January 18, 2022; unless a time extension request is approved under
Section 20.30.060 of the Spokane Valley Municipal Code (SVMC).
II. FINDINGS OF FACT:
Procedural Matters:
1. The applications submitted to the City Community and Economic Development Department
("Department") on July 13, 2016, in the above-referenced file, propose a rezone of a 3.95-acre site
from the Single-Family Residential Suburban District (R-2) zoning district ("zone") to the Single-
Family Residential District (R-3) zone; and a preliminary plat to divide such acreage into 11
residential lots for 21 dwelling units, including one (1) lot for a single-family dwelling, and 10 lots
for duplex dwellings, in the R-3 zone.
2. The site is located at the northwest corner of the intersection of Flora Road and Indiana
Avenue; in Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45124.0108; and is legally
described on the statutory warranty deed for the site dated January 11, 2016, a copy of which is
contained in the application materials.
4. The applicant, and the site owner, is ESL Enterprises, LLC.; addressed at 24327 E. Maxwell
Avenue, Liberty Lake, WA 99019.
5. On August 1, 2016, the applications were deemed complete by the Department; after initially
being deemed incomplete for lack of a complete list of the owners and taxpayers of property located
within 400 feet of the site.
6. On August 11,2016,the Department issued a Determination of Nonsignificance(DNS)for the
applications. The DNS was not appealed.
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 1
7. The Department scheduled a public hearing on the applications for December 15, 2016,
commencing at 9:00 a.m. The mailing, posting and publication notice requirements for the public
hearing, set forth in Chapter 17.80 of the Spokane Valley Municipal Code (SVMC), were met by
the Department and the applicant, respectively.
8. On December 14, 2016, the Hearing Examiner injured his leg, and was admitted to a hospital
for treatment. The Examiner takes notice that he called his staff assistant, Kristine Chase, from the
hospital and instructed her to contact Department staff about the need to continue the hearing, and
determine a new date for the hearing; and Department staff advised Chase that the hearing could be
continued until December 21, 2016, with the concurrence of the applicant. The Hearing Examiner
then sent an email to Chase, at 4:37 p.m., with copies to Micki Harnois and Lori Barlow of the
Department, ordering that the hearing be continued until December 21, 2016, commencing at 9:00
a.m.; requesting City staff to post a notice by the hearing room, advising that the matter had been
continued; and requesting City staff to wait until at least 9:15 a.m. on December 15, 2016 to see if
anyone showed up for the hearing and could be told that the hearing had been continued. Micki
Harnois forwarded a copy of the Examiner's email to the applicant's representatives. See email
dated 12-14-16 from Mike Dempsey to Chase, and discussion by Dempsey and Micki Harnois
regarding the continuance on 12-15-16 hearing.
9. On December 15, 2016,Micki Harnois of the Department posted signs, prior to 9:00 a.m.,at the
public entrances to the Redwood Plaza Building that houses City Hall on the first floor, and outside
the City Council Chambers where the Hearing Examiner conducts land use hearings for the City, as
requested by the Hearing Examiner, regarding the postponement of the hearing; and also sat in the
City Council Chambers from 8:45 a.m. to 9:30 a.m., in case any member of the public appeared for
the hearing. Mery Olson, a neighboring property owner, was the only person who showed up for
the hearing. Harnois advised Olson that the hearing was tentatively scheduled to be heard on
December 22,2016 at 9:00 a.m.,and she would call him to officially confirm such continued hearing
date; but then forgot to call Olson to confirm the new hearing date. See email from Mike Dempsey
to Micki Harnois dated 1-12-17, response email from Harnois to Mike Dempsey dated 1-12-17, and
discussion by Hearing Examiner and Micki Harnois regarding the continuance on 12-15-16.
10. On December 22, 2016, commencing at 9:00 a.m., the Hearing Examiner held a public hearing
on the applications. The Examiner conducted site visits on December 20,2016 and January 9,2017.
11. The following persons testified at the public hearing, under an oath administered by the
Hearing Examiner:
Micki Harnois Scott McArthur
City Community Development Department P.O. Box 2916
11707 E. Sprague Avenue, Suite 106 Hayden, ID 83835
Spokane Valley, WA 99206
Mary Pollard
17215 E. Baldwin Avenue
Spokane Valley, WA 99016
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 2
12. The Hearing Examiner heard the applications pursuant to Chapters 17.80, 18.20, 19.30 and
20.30 of the Spokane Valley Municipal Code (SVMC); and Appendix B (Hearing Examiner
Scheduling Rules and Rules of Conduct) of the SVMC.
13. The following exhibits were admitted into the record at the public hearing:
Exhibit 1: Vicinity Map
Exhibit 2: Zoning Map
Exhibit 3: Comprehensive Plan Map
Exhibit 4: 2014 Aerial Map
Exhibit 5: Application Submittal
Exhibit 6: Preliminary Plat Map of Record
Exhibit 7: Determination of Completeness
Exhibit 8: Notice of Application Materials
Exhibit 9: SEPA Determination
Exhibit 10: SEPA Checklist
Exhibit 11: Notice of Public Hearing Materials
Exhibit 12: Agency Comments
Exhibit 13: PowerPoint presentation for Staff Report and Recommendations
Exhibit 14: Written comments by Mary Pollard
14. Exhibits 1-12 are attached to the Staff Report prepared by the Department. Exhibit 13 was
submitted by the Department. Exhibit 14 was submitted by Mary Pollard.
15. On January 12, 2017, Mervin Olson, the owner of the 4.6-acre parcel lying directly north of
the westerly two-thirds (2/3) of the site, submitted a comment letter to Micki Hamois regarding the
project. Olson requested that a fence be installed along the common border between his property to
the north and the site;to prevent children from entering the pasture on his property, and coming into
conflict with some mules that he is keeping on his property. Considering the circumstances
summarized above,the Hearing Examiner forwarded a copy of the letter by email to Scott McArthur,
the applicant's consulting engineer who had represented the applicant at the December 22, 2016
hearing, and asked McArthur if he had any objection to including Olson's letter in the record.
McArthur responded by email that he did not object to the letter being made part of the record, and
the Examiner responded by email that the letter would be made part of the record. See emails
exchanged between Mike Dempsey and Micki Harnois, and between Mike Dempsey and Scott
McArthur on 1-12-17; and letter dated 1-12-17 from Mervin Olson.
16. The Hearing Examiner takes notice of the S VMC,the City Comprehensive Plan,the City Street
Standards adopted in December 2009, other applicable development regulations, and prior land use
decisions in the vicinity.
17. The record includes the electronic recording of the hearing; the exhibits submitted at the
hearing; the sign-in sheet for the hearing; the documents in the application file at the time of the
hearing, including the Staff Report; the items taken notice of by the Hearing Examiner; the emails
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 3
exchanged between Mike Dempsey and Micki Harnois, and between Mike Dempsey and Scott
McArthur on 1-12-17; and the letter dated 1-12-17 from Mervin Olson.
Descri€tion of Site:
18. The site is approximately 3.95 acres in size, relatively flat in topography, and L-shaped. The
southeast end of the property is improved with a single-family dwelling, and two (2) detached
storage structures; and is vegetated with lawn,mature deciduous trees, shrubs and other landscaping
around the house and buildings. The residence is served with public sewer and water. See 2016
aerial map in Exhibit 13.
19. The remainder of the site generally consists of a grassy pasture or field. A chain link fence
borders the perimeter of the site; except in the southeast end of the site, where the residence and
storage structures are excluded from the fenced area. See preliminary plat map.
Description of Preliminary Plat:
20. The preliminary plat map of record submitted on July 14, 2016 depicts, or indicates, the
following features of the project, in pertinent part:
(a)Retention of the existing residence on a lot of 10,402 square feet, located in the southeast corner of
the preliminary plat; and removal of the storage sheds associated with the residence.
(b)Division of the remainder of the preliminary plat area, except for Tract"A", into 10 residential lots
ranging from 12,945 square feet to 17,647 square feet in size, and with an average lot size of 15,878
square feet.
(c)Tract"A", a 20-foot wide tract of 3,199 square foot extending from north to south in the middle of
the site; from Lot 3 of the preliminary plat south to the south lot line adjacent to Indiana Avenue, and
between Lots 7 and 8 of the preliminary plat.
(d)An easement for a private street,utilities, sewer and drainage easement extending easterly through
the middle of the west two-thirds(2/3)of the preliminary plat, at a width of 70 feet,to the east borders
of Lots 4-8 of the preliminary plat; and continuing easterly through the north 63 feet of Lot 9 of the
preliminary plat, and the north 50 feet of Lot 10 of the preliminary plat,to the east border of the site
adjacent to Flora Road. The easement includes a 30-foot wide hammerhead turnaround centered along
the south part of the border between Lots 1-2 of the preliminary plat. The north part of the easement is
36.8 feet wide, and the south part is 33.2 feet wide.
(e)A 6-foot border easement along the frontage of the preliminary plat with Flora Road.
(0 A slight encroachment of the chain link fence on the site into the city right of way along Indiana
Avenue, and also across the east border of the site lying directly north of its southeast end.
21. The preliminary plat narrative, attached to the preliminary subdivision application, states that
10 residential duplex structures and one (1) existing single-family residence would be provided in
the project. Because a duplex dwelling can accommodate two(2)families in separate dwelling units,
the project is proposing a total of 21 dwelling units on 11 residential lots. See reference to a duplex
dwelling as two (2) "attached single-family dwellings", in SVMC 19.40.020.A.1.a; and definitions
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 4
of"dwelling, duplex", dwelling, single-family", "dwelling, single-family", and "dwelling unit" in
Appendix A of SVMC.
22. The gross density of the preliminary plat is approximately 5.3 dwelling units per acre.
23. The preliminary plat narrative, along with the trip generation& distribution letter prepared for
the project by Scott McArthur, a traffic engineering consultant retained by the applicant, indicate
that the duplex unit proposed on Lot 10 of the preliminary plat will have direct access to Flora Road
through a new concrete approach; the existing single-family home on Lot 11 of the preliminary plat
will continue to have direct access to Flora Road, through a new concrete approach; Lots 1-9 of the
preliminary plat, and all emergency vehicles using the proposed private street, will utilize the 120-
foot hammerhead turnaround located in the private street easement; there are no future plans to
extend the private street west of the site; each lot will have parking in the concrete driveways
proposed to be located on each lot; all lots fronting the private street will have parking along one (1)
side of the private street, as preapproved by the fire district; and the applicant's intent is to develop
the project in only one (1)phase.
24. Scott McArthur testified that Tract A of the preliminary plat contains an existing 8-inch sewer
stub extended into the site from Indiana Avenue, and may also be improved with a community
garden and plant bed; the hammerhead in the private street of the preliminary plat is wider than
required by Spokane County Fire District 1 ("Spokane Valley Fire Department"), in order to allow
off-street parking along the private street, as will be shown in the final plans; and access for the
project is proposed off Flora Road, to reduce traffic impacts along Indiana Avenue to the south.
Land Use Designations for Site and Neighboring Properties. Surrounding.Conditions:
25. The site and neighboring land are designated in the Low Density Residential category of the
Comprehensive Plan.
26. In April 2006, the City adopted a new Comprehensive Plan. On October 28, 2007, the City
expanded and re-codified the Uniform Development Code(UDC)provisions in the SVMC,repealed
its past zoning and subdivisions regulations, and adopted new zoning maps to implement the new
zones in the UDC. On July 31, 2008, the City updated the Comprehensive Plan.
27. The site, and the land lying north and west of the site, east and south of the Spokane River and
west of Flora Road, is zoned R-2; and generally consists of parcels that range in size from
approximately .3 acres to approximately 7.6 acres in size, and are improved with single-family
dwellings along with some agricultural uses. Such R-2 zoning was established on October 28,2007,
when the UDC portion of the SVMC and new zoning maps were adopted by the City.
28. The strip of land bordering the river in the area consists of wooded State parkland that is
improved with the Spokane Centennial Trail, an asphalt regional pathway that extends easterly to
the state of Idaho and westerly to the City of Spokane and beyond.
29. A public access to the Spokane Centennial Trail and the Spokane River is located less than
one-fourth (1/4) mile north of the site, north of the intersection of Flora Road and Montgomery
Avenue. Indiana Avenue west of the site dead-ends at the State parkland, where access to the
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 5
Centennial Trail is barred by a guardrail. See County Assessor map for the S %2 of Section 12 in file,
Scout map in file, and street map of area illustrated on preliminary plat map.
30. The land lying directly south and southwest of the site, along the south side of Indiana Avenue,
is zoned Single-Family Residential District (R-3); and generally consists of parcels that range from
.3 acres to several acres in size, and are improved with single-family dwellings.
31. Further south of the site,west of Flora Road,the land is zoned Single-Family Residential Urban
(R-4),and consists of two(2)urban residential subdivisions of the Centennial Place preliminary plat.
In February 2012,the Hearing Examiner approved the preliminary plat of Centennial Place,to divide
9.2 acres of land into 48 lots for single-family dwellings, at a gross density of 5.2 dwelling units per
acre; and a rezone of such land from R-3 to R-4, to allow the approval of the preliminary plat. See
Hearing Examiner decision in File No. SUB-01-12/REZ-02-12.
32. The land lying southwest of the Centennial Place subdivisions, along Mission Parkway, is
designated in the Mixed Use Center category of the Comprehensive Plan, and zoned Mixed Use
Center(MUC). Large multi-family apartment complexes have been developed or are being extended
to the north in such zone. See testimonies of Micki Harnois and Mary Pollard.
33. The land lying east of Flora Road in the area is zoned R-3 or R-4; and includes several urban
residential subdivisions that were developed over the past 10 years or so, along with parcels zoned
R-3 that range from .3 acres to one (1) acre or more and are improved with single-family dwellings.
The area has experienced rapid residential growth during such time period.
34. The Flora Meadows PUD plat is located northeast of the intersection of Flora Road and
Baldwin Avenue, northeast of the site, on land zoned R-3; and includes 48 urban-sized lots along
with common open space. Urban residential plats, on land zoned R-4, are found a few blocks
southeast of the site, west of Flora Road. See description of neighboring land uses in Hearing
Examiner decision in File No. SUB-01-12/REZ-02-12, Scout map showing lots and parcels in area,
zoning map in Exhibit 13, and portion of County Assessor section map in file.
35. Greenacres Park, a City park recently developed on 6.8 acres of land, lies one-half(1/2) mile
southeast of the site; at the northwest corner of Boone Avenue and Long Road. A public elementary
school is planned to be constructed less than one-half (1/2) mile southeast of the site, at the
intersection of Long Road and Mission Avenue. The nearest public transit stop is located one (1)
mile southeast of the site,at the intersection of Barker and Mission. See testimony of Micki Harnois.
36. A roundabout intersection was recently installed by the City at the intersection of Mission
Avenue and Flora Road, and Mission Parkway was extended east to the roundabout in a one-way
configuration. West of its one-way configuration, Mission Parkway merges into Indiana Avenue;
which road extends as a two-way road all the way west to Sullivan Road and Interstate 90. Freeway
interchanges are located along I-90 at Sullivan Road and Barker Road.
37. Various commercial and light industrial uses have recently been developed along Indiana
Avenue west of Mission Parkway. A wide range of commercial uses is found along Broadway
Avenue, east of Sullivan Road. Broadway extends east to Flora Road, south of the site.
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 6
38. The City Arterial Street Plan set forth in the Comprehensive Plan designates Flora Road/north
of Mission as a Collector Arterial; Flora Road/south of Mission,Mission Parkway,Mission Avenue,
and Indiana Avenue/west of Flora as proposed Minor Arterials; Long Road as a proposed Collector
Arterial; Broadway Avenue/west of Long as a Minor Arterial; and Barker Road and Sullivan Road
in the area as Principal Arterials. See description of surrounding conditions in Hearing Examiner
decision in File No. SUB-01-12/REZ-02-12
Comments submitted b} Neighboring Propert •Owners:
39. Public comments regarding the application were submitted by Mary Pollard, in the form of a
detailed written statement and oral testimony submitted at the public hearing; and by Mervin Olson,
as summarized above. Pollard resides a few blocks southeast of the site along Baldwin Avenue,
and identified herself as the chairwoman of the North Greenacres Neighborhood. Comments were
also submitted by Mervin Olson, as discussed above. See Exhibit 14.
40. Mary Pollard expressed opposition to the proposed rezone, including the following concerns
regarding the preliminary plat:
a. The lack of a substantial change in circumstances in the area since the site was last zoned,
to justify the proposed rezone.
b. The increased density of housing on the site,together with the lack of sidewalks along Flora
Road, decreasing the general safety in the neighborhood
c. The City Council not changing the R-2 zoning of the site during its recent review and
adoption of city-wide zoning, demonstrating that increased density is not needed in the area.
d. The need to retain the local R-2 zoning as a buffer or transition zone to the Spokane River,
to preserve the integrity of the values of the owners of property along the river, prevent
additional properties zoned R-2 in the vicinity from being rezoned,preserve larger lot sizes for
larger families or those who want lots larger than 10,000 square feet, and preserve the values
of properties developed under the R-2 zone.
e. Increased traffic from the project, together with traffic congestion at the intersection of
Barker Road and Appleway Avenue,the current overuse of Barker Road,and traffic challenges
on Mission Avenue.
f. Recent legislative rezone proposals in the area not being approved by the City Council,
including the 2014 denial of a proposed rezone along Flora Road north of Mission Avenue,
based on the premise that the existing zone(presumably R-3)was a buffer zone and was needed
to maintain the integrity of the area.
g. The proposed private street, and two (2)private driveways, in the project intersecting Flora
Road too close to other intersecting roads, i.e. Indiana Avenue on both sides of Flora to the
south,and Knox Avenue to the north,creating safety concerns to pedestrians and vehicles from
turning movements along Flora.
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 7
h. An overwhelming increase of traffic in the area along Flora Road and Mission Avenue,
including traffic from 13 new 3-story apartment buildings going west of Flora Road south of
the site, and from apartments located on both sides of Mission Parkway near the river, and
necessitating the reconstruction of Mission Avenue; and no need for more multi-family and/or
rental housing in the area, with more than 1,000 rental units being developed along Indiana
and Mission Parkway.
i. The need to create housing that will preserve views along the river, instead of views of
continuous rooflines; and impacts on property values from rental housing in the project.
j. Insufficient monies that the City has for future road maintenance,as testified to by City staff
recently.
k. New housing not bringing in sufficient new taxes or being assessed impact fees to
adequately support the infrastructure needs for such housing, including roads, schools, streets,
police, etc.
1. Impacts from more cars and heavy construction equipment on the collector arterials in the
vicinity, and on other roads not designed for heavy traffic.
m. The lack of existing or planned bus service in the vicinity; dust impacts from construction
on residents who suffer from asthma or COPD; the need for the project to provide sidewalks
along Indiana Avenue, similar to Baldwin Avenue in the Flora Meadows project (i.e. as a
flanking street), and also to support a future bike path connecting to the Centennial Trail in the
future, and for children walking to a new elementary school in 2018.
n. The lack of industry and commercial development to support the housing proposed in the
project.
o. Insufficient roads in the area, with Flora Road terminating at Montgomery Road to the
north, Barker Road being overloaded with traffic, and Barker Road also serving as a truck
route.
p. The lack of a regional transportation study, piecemeal street planning, and a lack of
information to accurately analyze the impacts of more housing in the small area lying between
the Spokane River and Interstate 90 in the areas.
q. The need for full cut-off lighting to reduce glare.
See testimony of Mary Pollard, and Exhibit 13.
Consistency of Applications with Approval Criteria for a Rezone and for a Preliminary Plat:
41. The Low Density Residential category of the Comprehensive Plan is intended to address a
range of single-family residential densities from 1-6 dwelling units per acre; and is implemented by
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 8
the R-1, R-2, R-3, and R-4 zones. See p. 11-12 of Comprehensive Plan, and SVMC 19.40.030
through 19.40.060.
42. The Comprehensive Plan, on page 12, advises that typical lot sizes in the Low Density
Residential category will range from 6,000 to 10,000 square feet; existing lot sizes and community
character will be strongly considered when developing the City's zoning map; some areas designated
in such category still lack necessary urban services and infrastructure; and upon the provision of
urban services, such as water and sewer, an increase in density in some areas may be warranted.
43. SVMC 19.40.040 through SVMC 19.40.060 generally describe the R-2, R-3 and R-4 zones as
low density residential development that is intended to preserve the character of existing
development, subject to the dimensional standards of SVMC Chapter 19.40 that are respectively
established for such districts.
44. The minimum lot size, width and depth for a single-family lot/dwelling in the R-2 zone are
respectively 10,000 square feet, 80 feet and 100 feet. Duplexes are not permitted in the R-2 zone.
45. The minimum lot size, width and depth for a single-family lot/dwelling in the R-3 zone are
7,500 square feet, 65 feet and 90 feet, respectively; and for a duplex lot/dwelling unit are 6,000
square feet, 60 feet and 90 feet, respectively. Accordingly, undivided duplex lots must be a
minimum of 12,000 square feet in size. The maximum lot coverage in both the R-2 zone and R-3
zone is 50%.
46. The minimum lot size in the R-4 zone is 6,500 square feet for a single-family dwelling, and
5,000 square feet for a duplex. The minimum lot width is 50 feet, and the minimum lot depth is 80
feet, for both a single-family dwelling and a duplex dwelling in such zone. The R-4 zone permits
single-family dwellings, duplex dwellings and multi-family dwellings, along with certain
institutional-type residential uses not permitted in the R-3 zone.
47. The R-2, R-3 and R-4 zones require front/flanking yards of 15 feet, a minimum garage setback
and minimum rear yard setbacks of 20 feet, a minimum side yard setback of five (5) feet, and a
maximum building height of 35 feet for residential uses. Setbacks located adjacent to a private
driveway easement must be established from the inner edge of the driveway. See Table 19.40-1 of
SVMC 19.40.020.
48. SVMC 19.40.030 describes the R-1 (Single-Family Residential Estate)zone as low residential
development that is intended to preserve the character of existing development and to allow for a
limited number of horses and other large animals; subject to the dimensional standards of SVMC
Chapter 19.40 established for such district. There is no R-1 zoning in the area of the site.
49. The Staff Report sets forth relevant policies of the Comprehensive Plan for the applications.
Policies LUP-1.7 and NP-2.8 state that zone changes should be allowed within the Low Density
Residential category of the Comprehensive Plan when specific criteria are met. This may include
substantial changes within the area, the availability of adequate facilities and public services, clear
mapping errors, and consistency with residential densities in the vicinity of the rezone site.
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 9
50. The Staff Report submitted by the Department sets forth relevant policies of the
Comprehensive Plan for the application, and found the application to substantially conform to such
policies. Additional relevant policies include the following:
a. Policy TP-1.1 recommends that street design provide for connectivity between residential
neighborhoods and collectors, and that cut-through traffic be discouraged.
b. Policy TP-2.1 recommends that street design should complement adjacent development.
c. Policy TP-4.1 recommends that high-speed traffic be restricted from residential neighborhoods and
utilize traffic calming strategies to reduce vehicle speeds where appropriate.
d. Policy TP-8.1 recommends that the City's transportation system be used to support desired land uses
and development patterns.
e. Policy TP-11.1 recommends that street standards, land uses, densities and building placement
support the facilities and services needed along transit routes to make transit viable.
f. Policies LUP-1.4 and LUP-2.3 encourage the development of transportation routes and facilities to
serve residential neighborhoods, with special attention being given to pedestrian circulation/walking,
biking and transit uses.
g. Policy LUP-16.1 encourages new developments to be arranged in a pattern of connecting streets and
blocks to allow people to safely get around easily by foot, bicycle,bus or car.
h. Policy NP-2.6 encourages community gardens in residential areas.
i. Policy BP-1.1 encourages bike lanes, shared use paths and sidewalks throughout the City where
applicable and appropriate. Policy BP-1.4 encourages sidewalks,bicycle facilities and shared use paths
as part of development where appropriate.
j. Map 11.4 (Recommended Pedestrian Network) in the Comprehensive Plan shows a proposed
sidewalk or shared use path along Flora Road between Mission Avenue and Montgomery
Avenue/Centennial Trail, but no pedestrian facilities along Indiana Avenue west of Flora. Map 11.2
(Recommended Bikeway Network) shows a proposed shared use path along Flora Road between
Mission Avenue and Montgomery Avenue/Centennial Trail, but no bike facilities along Indiana
Avenue west of Flora.
51. The duplex lots in the project easily comply with the minimum lot area of 12,000 square feet
required in the R-3 zone, and most of the duplex lots would meet such minimum lot area if the area
of the lot reserved for the private street was deducted from the lot area. The duplex lots easily meet
the minimum lot width of 60 feet, and the minimum lot depth of 90 feet, in the R-3 zone. All of the
duplex lots would meet the minimum lot depth, and all the duplex lots but Lot 10 would meet the
minimum lot width, if the area reserved for the private street was deducted from the lot area.
52. The gross density of the project of approximately 5.3 dwelling units per acre is comfortably
under the maximum density of 6.0 dwelling units per acre recommended by the Comprehensive Plan
in the Low Density Residential category. The proposed rezone to the R-3 zone would allow five (5)
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 10
additional dwelling units to be developed on the site, compared to the R-2 zone. See testimony of
Micki Harnois.
53. The lot reserved for the existing single-family dwelling in the preliminary plat easily meets the
development standards for a single-family dwelling in the R-3 zone.
54. SVMC 22.130.030 authorizes the Department's senior engineer, under the authority of the
Department Director, to develop and administer the Spokane Valley street standards per SVMC
22.130.040; and to require development projects to provide transportation improvements, and
dedicate right of way and border easements and future acquisition areas.
55. In December 2009, the City adopted Street Standards ("Street Standards")pursuant to SVMC
22.130.040. SVMC 22.130.070 requires the City senior engineer, prior to the issuance of any
approvals for development projects or permits subject to SVMC Chapter 22.130, to determine the
extent and type of street improvements, the dedication of right of way/border easements, or
designation of future acquisition areas required,to the extent allowed by law,and pursuant to various
plans and standards. This includes the Comprehensive Plan; the arterial street map; the Street
Standards; the local street plan, the Manual on Uniform Traffic Control Devices; information
provided by the applicant including engineering reports, preliminary site plans and other relevant
data; a determination of the function, safety, efficiency and coordinated future expansion needs of
the roadway system to serve the traveling public and emergency vehicles; and portions of the
uniform development code consisting of SVMC Titles 17-25 that specifically identify future
roadways, streets or other rights of way.
56. SVMC 20.20.090 requires the design of subdivisions to conform to the requirements of all
applicable City plans, regulations, and design and development standards; and lists other general
design requirements. This includes street alignments designed and constructed with appropriate
consideration for existing and planned streets, anticipated traffic patterns,topographic and drainage
conditions,public safety, adopted street standards, Comprehensive Plan, and the proposed use of the
land being divided; and all road designs being in conformance with SVMC Chapter 22.130 and
adopted street standards.
57. Pursuant to SVMC 20.20.100, as well as RCW 58.17.110, the Hearing Examiner is required
to make written findings of fact for preliminary subdivisions, in pertinent part, that appropriate
provisions are made for the public health, safety and general welfare; streets and sidewalks;
sidewalks and other planning features that assure safe walking conditions for students who walk to
and from school; parks and recreation; sanitary sewer, and public potable water supplies; whether
the public interest will be served by the subdivision; and whether the public interest will be served
by the preliminary subdivision.
58. Chapter 7(Street Elements)of the City Street Standards distinguishes between"single family
dwelling" units and "multi-family" dwelling units, but not between "single family dwelling" units
and"duplex"dwelling units.
59. Appendix A of the SVMC defines a "duplex" dwelling differently than a "single-family"
dwelling, with a duplex dwelling being designed exclusively for occupancy by two (2) families, and
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 11
a single-family dwelling being designed exclusively for single-family residential purposes. Table
19.40.1 (residential zone standards) of the SVMC references standards for a"single-family" lot and
for a "duplex" lot. However, SVMC 19.40.020.A.1.a.characterizes a duplex dwelling as a type of
"attached"single-family dwelling; so a duplex lot could be described as an"attached"single-family
residential lot for two (2) dwelling units.
60. The references to "single family residential"units or lots in Chapter 7 of the Street Standards
should be construed to include "duplex"units or lots.
61. The conditions of approval recommended by the City Engineering Division for the preliminary
plat require Flora Road to be improved along the frontage of the site to a Collector Arterial standard;
including the addition of asphalt to provide a half width of 20 feet measured from the section line
east of the site, which is offset one (1) foot from the centerline of the right of way. Curb, gutter, a
10-foot roadside swale, a 5-foot sidewalk, and a 6-foot border easement extended from the back of
the sidewalk are also required.
62. The conditions of approval recommended by the City Engineering Division do not require
frontage improvements to Indiana Avenue, because the preliminary plat does not propose any
vehicular access off Indiana Avenue. If access to Indiana Avenue was proposed, the conditions
indicate that full frontage improvements would be required; including 15 feet of asphalt measured
from the road centerline, curb, gutter, sidewalk, etc.
63. Section 2.3.1 of the City of Spokane Valley Street Standards ("Street Standards") establishes
typical street improvement requirements for all projects "...except for single-family dwellings, set
forth more specifically herein...". Section 2.3.1.b indicates that typical requirements include the
design and construction of fronting improvements on existing streets "...necessary to provide
adequate transportation service to, or within, a development, as applicable (see Sections 2.3.2 and
2.3.3)"
64. Section 2.3.2 of the Street Standards appears to be the section in the Street Standards that is
intended to address the street standards for"single-family dwellings", which reference should also
be construed to include"duplex"dwellings. Section 2.3.2.a of the Street Standards requires fronting
improvements along all public streets adjacent to a planned subdivision, with the extent of required
improvements being based on existing conditions, the identified impact of the project or
transportation improvement, and the applicable standard; and with typical improvements being
pavement widening, curb, gutter, grassy swale and sidewalk.
65. The City Engineering Division appears to have concluded that frontage improvements along
Indiana Avenue are not necessary or required for the project, because Indiana is not"...necessary to
provide adequate transportation to, or within..."the preliminary plat,within the meaning of Section
2.2.1.b of the Street Standards; and/or are not required due to the"...identified impact of the project
or transportation improvement, and the applicable standard...", within the meaning of Section
2.3.2.a of the Street Standards.
66. Washington case law, and RCW 82.02.020,generally prohibit the imposition of a condition on
development by local government that is not reasonably necessary as a direct result of the
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 12
development. Any condition imposed must also be "roughly proportionate" to the impact of the
development. See Isla Verde Intl Holdings v. City of Camas, 146 Wn.2d 740 (2002); United
Development v. Mill Creek, 106 Wn. App. 681 (2000), review denied, 145 Wn.2d 1002 (2001); and
Sparks v. Douglas County, 127 Wn.2d 901 (1995).
67. In the current case, the project proposes no direct vehicular access to Indiana Avenue; and
there is no showing in the record that the project would have any traffic impacts along Indiana
Avenue west of Flora Road. The trip generation and distribution letter prepared for the project by
the applicant's traffic engineering consultant shows project traffic traveling north or south along
Flora Road,with no traffic generation along Indiana.
68. Except for the lots proposed along Flora Road, the lots in the project front along the proposed
private street;which street could be used by future schoolchildren in the project to reach Flora Road,
to access the new elementary school planned to the southeast, or by pedestrians in the project. There
is no indication that the private street would include a sidewalk, but the street is planned to be
constructed extra wide to allow parking on both sides.
69. The Comprehensive Plan does not specifically call out for the extension of a sidewalk,walking
path or bike facilities along Indiana Avenue, west of Flora Road. The Centennial Trail is located
closer to the north along Flora Road, where there is a public access north of Montgomery Avenue,
than the trail is located at the end of Indiana Avenue west of the site; where Indiana Avenue dead-
ends, is restricted by a guardrail, and there is no public access to the Centennial Trail.
70. Section 7.3 (Street Types)states that community needs are usually best served by streets owned
and maintained by the City, most projects are required to be accessed via public streets, and private
streets may be appropriate for some local accesses in very limited usage.
71. Section 7.3.2 (Private Streets) of the Street Standards provides that private streets are "local
access" streets, privately owned and maintained; and states that private streets are permitted when
all of the following conditions apply:
a. Where connectivity to the public street system is not compromised,
b. Where future through connection to public streets is not compromised,
c. The private street does not land lock present or planned parcels,
d. The private street serves from 2-9 single-family dwelling lots,
e. The private street provides direct access to a public street. Access to and from private streets shall
be limited to properties immediately adjacent to the private street, and
f. The private street is not used to connect two(2)public streets.
72. The proposed private street appears to meet all the above-stated requirements, assuming that
the reference to "single-family dwelling lots"above includes duplex lots. The City Senior Engineer
expressed approval for the private street under Section 7.3.2 of the Street Standards("SVSS 7.3.2").
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 13
Spokane County Fire District 1 submitted conditions of approval for the private street, but did not
object to the street design. See condition#4 on p. 15 of the Staff Report.
73. Section 7.5.13.3 of the Street Standards provides that local access streets and private streets
shall be located at the minimum spacing specified in Table 7.5 of the standards, measured from
centerline to centerline. Table 7.5 (Minimum Intersection Spacing for Local Access Streets)requires
such streets to be located a minimum distance of 150 feet from a local access street.
74. The proposed private street in the preliminary plat is located approximately 185 feet from
Indiana Avenue to the south, measured from the centerlines of such streets; and approximately 55
feet from Knox Avenue to the north. The Senior Engineer for the City is presumptively aware of
the intersection spacing requirements, and applied the standard to intersections on the west side of
Flora Road that the project accesses and not the east side of Flora. The private street complies with
the intersection spacing requirement.
75. Section 7.5.14 of the Street Standards states that subdivisions shall be planned in a manner that
minimizes the number of local street (including private street) accesses to arterials and collectors.
The project proposes only one (1) additional access to Flora Road, and would add a relatively small
volume of peak hour traffic to Flora Road, i.e. 20 additional PM peak hour trips.
76. Scott McArthur,the applicant's traffic engineer,testified that the site lends itself to great sight
distance for project access along Flora Road; likely due to the flat topography on the site and
neighboring land, and the lack of obstructions looking north and south along Flora. The private
street would be stop controlled at Flora. See Section 7.6.5, and Tables 7.6 and 7.7, of Street
Standards.
77. The other traffic concerns expressed by Mary Pollard are not supported by provisions in the
Street Standards or competent traffic engineering evidence, that would rebut the recommendations
for the project by City Engineering or the traffic distribution letter prepared by the applicant's traffic
consulting engineer.
78. The project will be served with public sewer and water. County Utilities, and Consolidated
Irrigation District No. 19, respectively certified that the preliminary plat meets the public sewer and
public water concurrency requirements set forth in the SVMC.
79. The SVMC does not require direct concurrency for schools or parks. Central Valley School
District#356 was contacted regarding the project, but did not submit any comments. The City has
recently developed a new City park in the area, and a new elementary school is planned on an
existing site in the near future.
80. Public agencies did not object to the applications, or the environmental impact generated by
the proposal. The environmental checklist submitted by the applicant, and the DNS issued by the
Community Development Department,properly addressed the environmental impacts of the project.
81. The criteria for approving a rezone application are set forth in SVMC 19.30.030.B, and are
addressed in detail on pages 3-4 of the Staff Report.
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 14
82. Washington case law requires the proponent of a rezone to establish, by a preponderance of
the evidence, that the proposed rezone bears a substantial relationship to the public health, safety or
general welfare; and that a substantial change of circumstances has occurred in the area. However,
under Washington case law, proof of a substantial change of circumstances is not required if the
rezone implements the comprehensive plan of the local government.
83. As indicated above, policies LUP-l.7 and NP-2.8 of the Comprehensive Plan state that zone
changes should be allowed within the Low Density Residential category of the Comprehensive Plan
when specific criteria are met. This may include substantial changes within the area,the availability
of adequate facilities and public services, and consistency with residential densities in the vicinity
of the rezone site; in pertinent part.
84. The approval of the rezone application is not dependent on the approval of the preliminary plat
application; although the approval of the preliminary plat application is dependent on the approval
of the rezone application. The site is located along Flora Road, a Collector Arterial; has excellent
access to the major arterial streets in the area, via Flora Road; has convenient vehicular access to
commercial uses and urban services lying to the southwest; has direct access to public sewer and
water; is located directly across Flora Road and Indiana Avenue from, and is "adjacent and
contiguous to" (i.e. located across a public right of way), within the meaning of SVMC
19.30.030.B.5, R-3 zoning to the east and south, respectively; is located directly southwest, or one
(1) parcel west, of urban residential subdivisions, across Flora Road; is located only one (1) lot,
across Indiana Avenue,from R-4 zoning and urban residential subdivisions;and appears to be within
walking distance of a new City park, and a planned public elementary school, to the southeast.
85. The R-3 district permits smaller lot sizes and higher densities than the R-2 district; and allows
duplexes, unlike the R-2 district. This comports with the existing housing conditions and economic
trends in the city; which show decreasing demand for larger single-family homes on larger lots, and
smaller household sizes and fewer households with children. See p. 3 of Staff Report.
86. The R-3 zone is an implementing zone for the Low Density Residential category of the
Comprehensive Plan. Limited opposition was expressed by neighboring property owners to the
proposed applications. Substantial changes have occurred in the area since the R-2 zoning of the
site was established in 2007. Adequate facilities and public services are readily available to the site;
and R-3 zoning, and residential densities consistent with such zoning, are located adjacent to the site
across public rights of way to the south and east. Urban residential subdivisions in the R-4 zone are
located one (1)parcel to the south, across Indiana Avenue.
87. The rezone application meets the concurrency requirements set forth in SVMC Chapter 22.20;
is consistent with the Comprehensive Plan; bears a substantial relation to the public health, safety
and welfare; is appropriate for the reasonable development of the site; is adjacent and contiguous to
property of the same or higher zone classification; will not be detrimental to uses or property in the
immediate vicinity of the site; has merit and value for the community as a whole; and meets the
rezone criteria in the SVMC. The Staff Report recommended no conditions of approval for the
rezone application.
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 15
88. The procedural requirements of the State Environmental Policy Act and SVMC Title 21
(Environmental Controls)have been met.
89. The large animal-keeping on the 4.6-acre parcel that lies directly north of the westerly two-
thirds (2/3) of the site, owned by Mervin Olson, appears to be a permitted use; with the SVMC
permitting a maximum of three (3) mules, per gross acre in the R-2 zone. See SVMC 19.40.150,
and SVMC 19.120,.050 (Permitted Use Matrix). Neither the R-2 zone nor the R-3 zone prescribe
fencing or landscaping to provide buffers within or between such zones. See SVMC Chapter 22.70.
90. Scott McArthur testified that the applicant on past projects has taken great pride in providing
perimeter improvements, including landscaping and fencing. The applicant should be encouraged
to provide sight-obscuring or other protective fencing along the north border of the westerly two-
thirds (2/3) of the project, to limit potential land use conflicts with the large animal keeping on the
Olson property.
91. The Staff Report contains a detailed analysis of the consistency of the project with the
Comprehensive Plan, the development regulations of the SVMC, and the approval criteria for the
preliminary plat set forth in the SVMC. The Hearing Examiner concurs with such findings and
analysis, as supplemented above.
92. As conditioned, the preliminary plat application complies with the direct concurrency
requirements set forth in SVMC Chapter 21.20 (Concurrency).
93. The preliminary plat application, as conditioned,complies with the R-3 district and the zoning,
subdivision and other requirements for land development set forth in the SVMC; and with other
applicable development regulations.
94. The preliminary plat and dedication, as conditioned, conform to the Comprehensive Plan and
will serve the public use and interest.
95. The preliminary plat and dedication, as conditioned, make appropriate provision for the public
health, safety and general welfare; for all other requirements found to be necessary and appropriate
and for which written standards and policies have been adopted; and for open spaces, streets, alleys,
drainage ways, schools and school grounds, playgrounds, parks and recreation, sidewalks and other
planning features for children who only walk to and from school, noise and dust emissions, sanitary
wastes and sewer, public potable water supplies, easements, utilities, critical areas, and all other
relevant facts as specified in RCW 58.17.110 and SVMC 20.20.100.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. Any finding of fact above that is a conclusion of law is hereby deemed such.
2. The proposed rezone to the R-3 zone district complies with the rezone criteria set forth in
SVMC 19.30.030.B, and the rezone criteria set forth in Washington case law.
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 16
3. SVMC 19.30.030 erroneously states that site-specific zoning map amendments shall be
processed pursuant to SVMC 17.80.140,which section applies to Comprehensive Plan amendments
and area-wide rezones processed through the Planning Commission and City Council. SVMC
18.20.030(A)(5)(h) expressly vests the Hearing Examiner with authority over site-specific rezones
that are not processed at the same time as an implementing Comprehensive Plan amendment for the
same site, such as the proposed rezone.
4. The proposed rezone to the R-3 zone district should be approved.
5. The approval of the preliminary plat and rezone application,as conditioned,is appropriate under
SVMC 19.30.030, SVMC Title 20 (Subdivision Regulations), SVMC Chapter 18.20 (Hearing
Examiner), and RCW Chapter 58.17.
6. Any conclusion of law above that is a finding of fact is hereby deemed such.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the consolidated applications
for a preliminary plat and zone reclassification in the above-referenced file are hereby approved,
subject to the conditions of the various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered by
the Examiner are italicized.
This approval does not waive the applicant's obligation to comply with all other requirements
of other public agencies with jurisdiction over land development.
Conditions of Approval:
The "applicant", as referenced in the conditions of approval below, shall be deemed to include the
owner and developer of the site, and their heirs, assigns and successors-in-interest.
A. The following general conditions apply to the preliminary plat approval:
SPOKANE VALLEY PLANNING DIVISION:
1. The final plat shall be designed in substantial conformance with the preliminary plat map of record
submitted on July 14, 2016, and shall have a maximum of eleven (11) residential lots; unless a preliminary
plat modification is requested and approved pursuant to SVMC 20.50 (Preliminary Plat, Short Plat, and
Binding Site Plan Alterations).
2. Pursuant to SVMC 20.30.060 (Extensions of Time), an application form and supporting data for time
extension requests must be submitted to the Director at least thirty(30) calendar days prior to the expiration
of the preliminary plat approval.
3. Pursuant to SVMC 20.20.050(Prohibition against sale, lease or transfer of property)any sale, lease,or
transfer of any lot or parcel created pursuant to the SVMC that does not conform to the requirements of the
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 17
preliminary plat approval or that occurs without approval, shall be considered a violation of chapter 58.17
RCW, and shall be restrained by injunctive action and shall be illegal, as provided in Chapter 58.17 RCW.
Each sale,lease,or transfer of each separate lot or parcel of land in violation of any provision of this ordinance
shall be deemed a separate and distinct offense.
4. SVMC 20.20.080 (Professional Land Surveyor) requires the preparation of all preliminary and final
subdivisions be made by or under the supervision of a professional land surveyor. The professional land
surveyor shall certify on the final plat that it is a true and correct representation of the lands actually surveyed.
A survey is required for all final plats. All surveys shall comply with the, Survey Recording Act (RCW
Chapter 58.09) and Survey and Land Descriptions(WAC 332-130.
5. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), the preliminary plat approval
automatically expires five(5)years after preliminary approval is granted,unless a time extension is approved
for the preliminary plat. The expiration date for the current preliminary plat is January 18.2022. If a request
for an extension of time is not submitted at least 30 days prior to the date of expiration of the preliminary plat,
and approved by the Department,the preliminary approval expires and the preliminary plat is null and void.
6. Pursuant to SVMC 20.40.030(Filing Short Plat,Plat,or Binding Site Plan),the City of Spokane Valley
shall record the final plat with the Spokane County Auditor's Office, upon receipt of all required signatures
on the face of the plat.
7. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by the applicant prior
to recording.
8. The applicant is strongly encouraged to install 6-foot tall fencing along the north boundary of the
westerly two-thirds (2/3) of the site, adjacent to animal-keeping on the property located to the north.
B. Prior to or at the time of the submittal of a proposed final plat. the applicant or successors in interest
shall comply with the following requirements:
SPOKANE VALLEY PLANNING DIVISION:
1. Submit a final plat that complies with all submittal requirements specified in SVMC 20.40.
2. The final plat dedication shall state: "All lots within this plat shall comply with the building setback
requirements, maximum building height standard, maximum lot coverage standard and other applicable lot
development standards for the R-3 zoning district or successor zoning designation to the extent permitted by
Washington State law in effect at the time of building permit application."
SPOKANE VALLEY BUILDING DIVISION:
1. The following addresses have been assigned and shall be designated on the final plat:
Lot 1 16907/16909 E Knox Lane _
Lot 2 16915/16917 E Knox Lane
Lot 3 17003/17005 E Knox Lane
Lot 4 17009/10711 E Knox Lane
Lot 5 16910/16912 E Knox Lane
Lot 6 16922/16924 E Knox Lane
Lot 7 17006/17008 E Knox Lane
Lot 8 17012/17014 E Knox Lane
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 18
Lot 9 17018/17020 E Knox Lane
Lot 10 2009/2011 N Flora Road
Lot 11 2003 N Flora Road
SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION:
1. A Professional Engineer, licensed in the State of Washington, shall prepare required engineering
documents (including civil/street plans, drainage plans, drainage calculations, traffic studies, shared access
driveway plans,etc.) The plans shall conform to the 2009 City of Spokane Valley Street Standards(SVSS)or
as amended, the 2008 Spokane Regional Stormwater Manual (SRSM) or as amended, the City of Spokane
Valley Municipal Code (SVMC)and all other federal, state and local regulations, as applicable.
2. The review of civil plans and supporting documents cannot proceed until an application for a Land
Disturbance permit has been received. All documents (plans, reports, etc) must be submitted through the
Building Department Permit Center located at 11707 E Sprague Avenue, Suite 108, Spokane Valley.
3. Frontage improvements for Flora Road are required pursuant to Chapter 2 of the Spokane Valley Street
Standards ("SVSS"), and are described below. Existing utilities shall be relocated to 2 feet behind the
curb. The applicant is required to install seed/grass in the roadside swale, and to maintain the swale. The
following information is used for determining right-of-way and border easement dedications.
Flora Road is designated as a Collector Arterial. Frontage improvements to be constructed include 20
feet of asphalt width measured from the section line, Type B curb and gutter (2 feet wide), a 10-foot wide
roadside swale, and a 5-foot wide sidewalk. The total width of improvements is 37 feet.
The current right-of-way is 60 feet; with '/2 of the right-of-way being 31 feet as measured from the
section line. The minimum '/2 right-of-way width, which is 2 feet behind the back of the future curb, is 24
feet. The existing right-of-way is adequate; however, a border easement, which extends from the right-of-
way to back of sidewalk, of 6 feet is required. It is assumed that the street crown coincides with the section
line and is approximately one (1) foot east of the Right-of-Way centerline. The applicant shall confirm the
right-of-way location and width(s). Note—the building setback begins at the edge of the border easement.
Frontage improvements along Indiana Avenue are not required, provided that no access is taken from
Indiana Avenue. If access to Indiana is taken,then full frontage improvements per the SVSS shall be required.
This shall be noted in the final plat dedication.
The following information is used to identify what the frontage improvements along Indiana Avenue
would be if access to Indiana is taken: Indiana Avenue is designated as a Local Access street. Future frontage
improvements to be constructed include 15 feet of asphalt width from road centerline,Type B curb and gutter
(2 feet wide), 10-foot wide roadside swale, and a 5-foot side sidewalk. The total width of improvements is
32 feet.
The current right-of-way for Indiana is 40 feet;with''/2 of the right-of-way being 20 feet.The minimum
1/2 right-of-way width, which is 2 feet behind the back of the future curb, is 19 feet. The existing right-of-
way is adequate; however, a border easement, which extends from the right-of-way to back of sidewalk, of
12 feet is required.The right-of-way dedication and border easement width was determined assuming that the
center of the road coincides with the center of the right-of-way. The applicant shall confirm the right-of-way
location and width(s). Note—the building setback begins at the edge of the border easement.
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 19
4. The internal streets were reviewed by the City to determine the connectivity needs and impacts of the
surrounding area. Based on such review,the City will allow the private street to be constructed as proposed,
pursuant to SVSS 7.3.2. The private street shall be designed per SVSS Chapter 7 and Standard Plan R-133.
5. In accordance with the SVMC 19.40.020 (Residential Standards), all residential driveways shall be
paved. Private driveways shall conform to SVSS Section 7.3.4.
6. The driveway approach design shall follow the 2009 SVSS, or as amended.
7. All stormwater facilities shall be designed per the Spokane Regional Stormwater Manual (SRSM).
Linear roadside facilities, such as swales, shall be located within the right of way and/or border easements
when adjacent to public streets, or within a tract or easement when adjacent to a private road or driveway
serving more than one lot. Non-roadside facilities such as ponds (especially consolidated ponds, which are
those receiving runoff from more than one lot)shall be placed within a tract(see SRSM 11.2).
8. A Homeowner's Association(HOA)is required for the perpetual operation and maintenance of the on-
site private street, tracts, and associated facilities including but not limited to the stormwater systems at the
end of the service life of the respective components,and any other improvements that may be legally required
in the future. The HOA shall address maintenance of Tract A if the tract is provided. A draft copy of the
CC&Rs for the HOA shall be submitted with the drainage submittal.
9. An Operations and Maintenance Manual, per Chapter 11 of the SRSM, shall be submitted with the
initial submittal of final design plans for the street and/or stormwater systems.
10. For the General Construction Notes,those in the SVSS Appendix 4A shall be used rather than those in
SRSM Appendix 3B.
11. Show all utilities and utility easements (i.e. Telephone, power, etc.). The permittee is responsible for
arranging all utility adjustments, improvements, or relocations as required for completion of the project. All
rigid objects shall be located outside the clear zone. The clear zone requirements can be found in the 2009
SVSS,or as amended. The permittee shall contact every utility purveyor impacted by the project and conduct
the following process:
a. Discuss with the purveyor the proposed work including private services,utility improvements, and
any relocations and adjustments as well as the costs for these activities,
b. When utility relocations are required, obtain from the purveyor a written statement that they
acknowledge and concur with or have alternatives for the needed work;and
c. Forward a copy of the statement to Spokane Valley Development Engineering. The receipt of
statements will be required prior to plan approval.
12. If sewer and/or water needs to be brought to the properties, and to do this requires an Engineering
design, copies of the approved sewer and water plans shall be submitted to Development Engineering. The
civil plans for the project shall show the extents of pavement removal and replacement.
13. All new dry wells and other injection wells shall be registered with the Underground Injection Control
program (UIC) at Department of Ecology prior to use, and the discharge from the well(s) must comply with
the ground water quality requirement (non-endangerment standard) at the top of the ground water table.
Contact the UIC staff at UIC Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600,
(360) 407-6143 or go to: http://www.ecy.wa.gov/programs/wq/grndwtr/uic/UlConlineregis.html for
registration forms and further information. Copies of the registration for drywells,which receive public road
stormwater runoff, shall be sent to Development Engineering. The City of Spokane Valley NPDES Permit
Number is WAR04-6507.
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 20
14. A Construction Stormwater Permit shall be obtained from the Department of Ecology, if both of the
following two conditions apply:
a. The construction project disturbs one(1) or more acres of land(i.e. area is the cumulative acreage
of the entire project, whether in a single or in a multiphase project), and,
b. If there is a possibility that stormwater could run off the site during construction, and into surface
waters or into conveyance systems leading to surface waters of the state.
Construction site operators must apply for a permit 60 days prior to discharging stormwater. More information
can be obtained from http://www.ecy.wa.gov/programs/wq/stormwater/construction/
SPOKANE COUNTY ENVIRONMENTAL SERVICES DEPARTMENT:
1. A side sewer easement, with a width acceptable to the Spokane County Environmental Services
Department, shall be shown on the face of the plat as"Private Sewer and Utilities Easement".
2. The final plat dedication shall state: "Public sewers shall be constructed to provide for the connection
of each parcel to the County's system of sewerage. Uses on properties within the project shall be required to
connect to the sewer and pay applicable charges per the County Sewer Ordinance. Sewer connection permits
shall be required."
3. A Public Sanitary Sewer easement shall be shown on the face of the plat and the dedication shall state:
"The perpetual easement granted to Spokane County, its successors and assigns is for the sole purpose of
constructing, installing,operating, maintaining,repairing, altering, replacing, removing, and all other uses or
purposes which are or may be related to a sewer system. Spokane County, its successors and assigns at all
times hereinafter, at their own cost and expense, may remove all crops, brush, grass or trees that interfere
with the constructing, installing, operating, maintaining, repairing, altering, replacing, removing, all other
uses or purposes which may be related to a sewer system. The Grantor(s)reserves the right to use and enjoy
that property which is the subject of this easement for purposes which will not interfere with the County's
full enjoyment of the rights hereby granted;provided,the Grantor(s)shall not erect or construct any building
or other structure or drill on the easement or diminish or substantially add to the ground cover over the
easement. The easement described hereinabove is to and shall run with the land."
4. The applicant shall submit expressly to Spokane County Environmental Services Department, under
separate cover, only those plan sheets showing sewer plans and specifications for the public sewer
connections and facilities for review and approval. Prior to plan submittal,the applicant is required to contact
Chris Knudson or Colin Depner at 477-3604,to discuss details of sewer plans.
5. Sewer plans acceptable to the Spokane County Environmental Services Department shall be submitted
prior to the finalization of the project.
SPOKANE REGIONAL HEALTH DISTRICT:
1. The final plat shall be substantially 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 Planning Department to the utility companies, Spokane Valley Engineer,and the Spokane
Regional Health District.
3. The sewage disposal method shall be as authorized by the Director of the Spokane County
Environmental Services Department.
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 21
4. Water service shall be coordinated through the Director of the Spokane County Environmental Services
Utilities Department.
5. Water service shall be by an existing public water supply when approved by the Regional Engineer
(Spokane), State Department of Health.
6. Prior to filing the final plat,the applicant shall demonstrate to the satisfaction of the Spokane Regional
Health District that an adequate and potable water supply is available to each lot of the plat.
7. Prior to filing the final plat, the applicant shall present evidence that the plat lies within the recorded
service area of the water system proposed to serve the plat.
8. A public sewer system shall be made available for the lot and individual service shall be provided to
each lot prior to sale. The use of individual on-site sewage disposal shall not be authorized.
9. The final plat dedication shall state: "A public sewer system will be made available for the plat and
individual service will be provided to each lot prior to sale. Use of individual on-site sewage disposal systems
shall not be authorized."
10. The final plat dedication shall state: "Use of private wells and water systems is prohibited."
11. The final plat dedication shall state: "The public water system,pursuant to the Water Plan approved by
county and state health authorities, the local fire protection district, City of Spokane Valley and water
purveyor, shall be installed within this subdivision, and the applicant shall provide for individual domestic
water service as well as fire protection to each lot prior to sale of each lot and prior to issuance of a building
permit for each lot."
SPOKANE VALLEY FIRE DISTRICT 1 (SPOKANE VALLEY FIRE DEPARTMENT):
1. The turnaround appears to be adequate as drawn, and shall be verified as part of the grading review.
2. The fire apparatus access/roadway and turnaround shall be posted as"No Parking—Fire Lane.
a. Access 20 to 26 feet wide shall be posted on both sides
b. Access 26 to 32 wide feet shall be posted on one(1)side
3. Road names require approval by the fire district, and shall coincide with established road names in the
surrounding road grid. The road name"Knox Lane"is recommended.
4. Addresses shall be posted so they are visible from Knox Lane, during and after construction. The
address numbers shall be a minimum of 4 inches tall, and be on a contrasting background.A new street sign
shall be provided at the intersection of Knox Lane and Flora Road.
5. If gates are proposed, a"to-scale" drawing shall be submitted. The minimum width shall be 20 feet.
AVISTA UTILITIES:
1. The creation of new Lot 10 will cause an electric service line trespass. In order to reduce liability and
remove the trespass,a 10-foot wide utility easement is required around the line as it crosses through Lot 10.
2. The final plat dedication shall state:
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 22
"Utility easements shown on the herein described plat are hereby dedicated for the use of serving utility
companies for the construction, reconstruction, maintenance, protection, inspection and operation of their
respective facilities,together with the right to prohibit changes in grade over installed underground facilities,
the right to prohibit,trim and/or remove trees, bushes and landscaping without compensation and the right to
prohibit structures that may interfere with the construction,reconstruction,reliability,maintenance, and safe
operation of same. Serving utility companies are also granted the right to install utilities across border
easements.The private road as shown hereon is dedicated for utility purposes in addition to ingress and egress
as stated."
C. Prior to or during on-site construction,the applicant or successors in interest shall comply with the
following requirements:
SPOKANE VALLEY PLANNING DIVISION:
1. Upon any discovery of potential or known archaeological resources at the subject properties prior to or
during future on-site construction,the developer,contractor,and/or any other parties involved in construction
shall immediately cease all on-site construction, shall act to protect the potential or known historical and
cultural resources area from outside intrusion, and shall notify, within a maximum period of twenty-fours
from the time of discovery,the City of Spokane Valley Community and Economic Development Department
of said discovery.
2. Subsurface testing shall be performed prior to grading or construction activity. The applicant shall
coordinate with the Spokane Tribe of Indians to conduct this review. The report shall be provided to the
City, along with verification that it is acceptable to the Tribe,prior to any earth moving activity.
SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION:
1. A pre-construction conference with Development Engineering is required prior to the start of
construction. The grading permit shall be taken out prior to scheduling the pre-construction meeting, with
proof of the permit issuance provided at the meeting. During the meeting, standards and submittal
requirements for the Construction Certification will be given to the project engineer/inspector.
2. For construction affecting public right-of-way, s sign shall be securely posted at each ingress point to
the project area at least forty-eight (48) hours prior to construction. Signs shall be clearly visible from the
right-of-way, and provide project construction details. See SVSS Section 9.7,
3. Permits are required for any access to or work within the right-of-way of the Spokane Valley roadway
system. A traffic control plan shall accompany the right-of-way obstruction permit.
4. Temporary Erosion and Sediment Control(TESC) structures(such as filter fence, silt ponds, silt traps)
shall be installed prior to the start of site work and maintained throughout the duration of construction and
until the site has stabilized.
5. All survey monuments shall be protected during construction. Any disturbed or damaged monuments
shall be replaced prior to certification/final plat and/or release of the surety.
6. Construction within the proposed public streets and easements shall be performed under the supervision
of a licensed Washington State Professional Engineer/Land Surveyor. All work is subject to inspection by
the City Senior Development Engineer or by his staff.
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 23
7. Upon completion of the improvements, a Construction Certification package and record drawings are
required for the improvements and shall be submitted and approved prior to final plat approval,according to
SVSS Chapter 9.
8. All public improvements shall provide a performance/warranty surety, per SVSS Chapter 9. The City
only accepts letters of credit or cash savings assignments.
SPOKANE REGIONAL CLEAN AIR AGENCY:
1. Dust emissions during demolition, construction, and excavation projects shall be controlled.
Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers or
suspension of activity during certain weather conditions.
2. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto paved
surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately to clean these
surfaces.
3. Debris generated as a result of this project shall be disposed of by means other than burning.
4. If objectionable odors result from this project, effective control apparatus and measures shall be taken
to reduce odors to a minimum.
5. A Notice of Construction and Application for Approval shall be submitted and approved by SRCAA
prior to the construction, installation, or establishment of an air pollution source. This includes emergency
generators rated at 500 hp(375 kW)or higher, natural gas heating equipment units rated at 4 MMBTU/hr or
higher(input), and heating equipment units fired with other fuels(e.g. diesel)rated at 1 MMBTU/hr(input)
or higher. Contact Spokane Clean Air for a Notice of Application.
6. A Notice of Intent shall be submitted to Spokane Clean Air prior to any demolition project or asbestos
project. An asbestos survey must be done by an AHERA accredited building inspector prior to the demolition
or renovation of buildings to determine if asbestos-containing material is present at the site. Contact Spokane
Clean Air for a Notice of Intent application.
D. Prior to final plat,the applicant shall comply with the following requirements.
SPOKANE VALLEY PLANNING DIVISION:
1. Individual lots shall not have access to Indiana Avenue,unless frontage improvements are constructed
or a plat alteration is approved pursuant to SVMC Chapter 20.50 (Preliminary Plat, Short Plat, and Binding
Site Plan Alterations). Title notices shall be recorded with each newly created lot that has Indiana Avenue
frontage with the restrictive language.
SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION:
1. Border easements shall be designated on the final plat map.
2. The Homeowner Association's UBI number shall be referenced on the face of the final plat.
3. Plat language will be determined at the time of final plat submittal. Note: contact Development
Engineering after civil plan approval and/or prior to first submittal of final plat to obtain plat language.
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 24
DATED this 18th day of January, 2017
SPOKANE VALLEY HEARING EXAMINER
7/
7/
Michael Dempsey, WSBA#8235
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL:
On January 18, 2017, a copy of this decision will be mailed by regular mail to the
Applicant, and to all government agencies and persons entitled to notice under Section
17.80.130(4) of the SVMC.
Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code (SVMC),the decision
of the Hearing Examiner on a site-specific amendment to the City of Spokane Valley zoning
map (i.e. site specific rezone) is final and conclusive unless within fourteen (14) calendar days
from the date the Examiner's decision was mailed, a party with standing appeals the decision
to the Spokane Valley City Council pursuant to Section 17.90.070 of the SVMC.
THE APPEAL CLOSING DATE FOR THE PORTION OF THIS DECISION
APPROVING THE APPLICATION FOR A SITE-SPECIFIC MAP AMENDMENT
(REZONE) FOR THE SITE FROM THE R-2 ZONING DISTRICT TO THE R-3 ZONING
DISTRICT IS FEBRUARY 1,2017.
Pursuant to SVMC 17.90 and RCW Chapter 36.70C, the decision of the Hearing
Examiner on a preliminary plat application is final and conclusive unless within twenty-one
(21) calendar days from the date of issuance of the Examiner's decision, a party with standing
files a land use petition in Superior Court pursuant to RCW Chapter 36.70C. Pursuant to
RCW Chapter 36.70C, the date of issuance of the Hearing Examiner's decision on such
application is three (3) days after it is mailed. The date of issuance of the decision regarding
the preliminary plat is, accordingly, January 23, 2017, counting to the next business day.
THE APPEAL CLOSING DATE FOR THE PORTION OF THIS DECISION
APPROVING THE APPLICATION FOR A PRELIMINARY PLAT FOR THE SITE IS
FEBRUARY 13, 2017.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026
West Broadway Avenue, Spokane, Washington, 99260-0245; and may be inspected by
contacting Kristine Chase at(509)477-7490. The file may be inspected during normal working
hours, listed as Monday-Friday of each week, except holidays, between the hours of 8:00 a.m.
and 4:30 p.m. After the appeal period, or if transferred sooner than the expiration of the
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 25
appeal period, the file may be inspected at the City of Spokane Valley Department of
Community Development-Planning Division, 11707 E. Sprague Avenue, Spokane Valley,WA,
99206; by contacting Micki Harnois at(509) 921-1000. Copies of the documents in the record
will be made available at the cost set by the City of Spokane Valley.
Pursuant to RCW 36.70B.130, affected property owners may request a change in
valuation for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision SUB-2016-0002/REZ-2016-0003 Page 26