REZ-01-09-SUB-01-09 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Rezone from the R-3 Zoning District to the )
R-4 Zoning District, and Preliminary Plat; ) FINDINGS OF FACT,
) CONCLUSIONS OF LAW,
File No. REZ-01-09/SUB-01-09 ) AND DECISION
Applicant: Leonard and Virginia Hritsco )
)
I. SUMMARY OF DECISION
Hearing Matter: Consolidated application requesting approval of a rezone from the R-3 zoning
district to the R-4 zoning district, and a preliminary plat to create 12 lots for single-family
dwellings; on 2.25 acres of land.
Summary of Decision: Approve consolidated application, subject to revised conditions of
approval. The preliminary plat will expire on June 14, 2019; unless a time extension is approved
under Section 20.30.060 of the Spokane Valley Municipal Code (SVMC).
II. FINDINGS OF FACT
1. The consolidated application ("application") proposes a rezone of approximately 2.25 acres
of land from the Single-Family Residential (R-3) zoning district to the Single-Family Residential
Urban (R-4) zoning district; and a preliminary plat to divide such acreage into 12 lots for single-
family dwellings, in the R-4 zoning district.
2. The site is located north of and adjacent to Valleyway Avenue, directly north of the
intersection of Union Road and Valleyway; in Spokane Valley, Washington.
3. The site is referenced as County Assessor tax parcel nos. 45164.0239 and 45164.0225; and is
addressed at 11817 E. Valleyway Avenue, Spokane Valley.
4. The applicant and site owner is Leonard and Virginia Hritsco; addressed at 11817 E.
Valleyway Avenue, Spokane Valley, WA 99206.
5. On May 11, 2009, the application was submitted as a complete application for the proposal.
The preliminary plat map of record was submitted on November 17, 2009.
6. On April 13, 2012, the City Community Development Department issued a Determination of
Nonsignificance (DNS) for the application. The DNS was not appealed.
7. On May 31, 2012, the Hearing Examiner conducted a public hearing on the application. The
notice of hearing requirements were met for the application. The Hearing Examiner conducted a
site visit on May 30, 2012.
HE Findings, Conclusions and Decision REZ-01-09/SUB-01-09 Page 1
8. The following persons testified at the public hearing:
Christina J. Janssen, Assistant Planner Duane Helt
Spokane Valley Planning Division 909 N. Argonne Road
11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99212
Spokane Valley, WA 99206
9. The following documents in the application file were given exhibit numbers prior to the
hearing, as follows:
Exhibit 1: Vicinity Map
Exhibit 2: Zoning Map
Exhibit 3: Comprehensive Plan Map
Exhibit 4: 2010 Aerial Map
Exhibit 5: Rezone Application Materials
Exhibit 6: Subdivision Application Materials
Exhibit 7: Preliminary Plat Map of Record
Exhibit 8: Determination of Completeness
Exhibit 9: Notice of Application Materials
Exhibit 10: SEPA Determination
Exhibit 11: SEPA Checklist
Exhibit 12: Notice of Public Hearing Materials
Exhibit 13: Agency Comments
Exhibit 14: Public Comments
10. The Hearing Examiner heard the application pursuant to Chapters 17.80, 18.20, 19.30 and
20.30 of the Spokane Valley Municipal Code (SVMC); and Appendix B (Hearing Examiner
Scheduling Rules and Rules of Conduct) of the Uniform Development Code (UDC) portion of
SVMC (SVMC Titles 17-24).
11. The Hearing Examiner takes notice of the SVMC, the City Comprehensive Plan, other
applicable development regulations, and prior land use decisions in the vicinity.
12. The record includes the testimony submitted at the public hearing, the documents in the
application file at the time of the public hearing, and the items taken notice of by the Hearing
Examiner.
13. The site is L-shaped, relatively flat in topography and approximately 2.25 acres in size;
slopes up slightly to the north; and is comprised of two (2) residential lots. Each lot is improved
with a single-family dwelling and detached accessory buildings.
14. The site is also being used for a construction business; which includes the parking or storage
of large and small trucks, equipment and construction implements on the site; and which is not
authorized under the R-3 zoning of such parcel. See 2010 aerial photo, and Hearing Examiner site
visit.
HE Findings, Conclusions and Decision REZ-01-09/SUB-01-09 Page 2
15. The preliminary plat map illustrates rectangular lot sizes ranging from 6,006-11,559 square
feet, lot frontages and widths ranging from 50-85 feet, lot depths ranging from 76-139 feet, and an
average lot size of 7,400 square feet.
16. The preliminary plat map illustrates the retention of the two (2) residences on the site;
removal of the outbuildings on the site; and extension of an internal private road northerly from
Valleyway,terminating in a hammerhead turnaround in the north end of the proposed subdivision.
17. The site and neighboring land are designated in the Low Density Residential category of the
Comprehensive Plan, and zoned R-3; except the land lying north and northeast of the site, and the
land lying several lots east or southeast of the site, which are designated in the Medium Density
Residential category and zoned Medium Multifamily Residential (MF-1).
18. Further to the east, along Pines Road (State Route No. 27); and further to the north, north of
Broadway Avenue; the land is designated in the Office category of the Comprehensive Plan.
Further to the south, and southwest, along Sprague Avenue, the land is designated in the
Neighborhood Commercial or Corridor Mixed Use categories of the Comprehensive Plan.
19. The site is located 900 feet from Broadway Avenue, less than one-fourth (1/4) mile west of
Pines Road, less than one-fourth (1/4) mile east of Bowdish Avenue, and one-fourth (1/4) mile
north of Sprague Avenue. Public transit is located within one-fourth(1/4) mile of the site.
20. Pines Road (SR-27) is a 5-lane state highway, Sprague Avenue is a 5-lane street designated
as a City Principal Arterial, Broadway Avenue is a 3-lane street designated as a City Minor
Arterial, Bowdish Avenue is designated as a City Minor Arterial, and Valleyway Avenue is a 2-
lane street without curb or sidewalk that is designated as a Local Access street. See Transportation
section of Comprehensive Plan, and Hearing Examiner site visit.
21. Neighboring land uses generally consist of single-family dwellings on lots ranging from
8,000 square feet to 45,000 square feet in size; with an average lot size of perhaps 20,000 square
feet. Commercial, office and more intensive land uses and zoning are found along Pines Road,
Sprague Avenue and Bowdish Avenue in the area.
22. The only public comments submitted regarding the application was an email submitted by
Mrs. Rusty Clemons, on behalf of her and her husband; who reside on a 1-acre parcel
(45164.0387) lying approximately 135 southeast of the site, on the south side of Valleyway
Avenue.
23. Mrs. Clemons expressed opposition to the project based on the applicant's use of the site for
an intrusive construction business; the use of Valleyway by traffic attempting to avoid traffic
signals along Pines and Sprague Avenue, delivery vehicles and speeding vehicles; increased traffic
along Valleyway; and the excessive number of homes planned in the project. See email dated 5-
22-12 from Mrs. Rusty Clemons to Christina Janssen.
HE Findings, Conclusions and Decision REZ-01-09/SUB-01-09 Page 3
24. Duane Helt, the applicant's engineer, indicated at the public hearing that the purpose of the
proposed rezone is to take advantage of the smaller lot sizes permitted in the R-4 district,
compared to the R-3 district.
25. The Low Density Residential category of the Comprehensive Plan addresses a range of
single-family residential densities from 1-6 dwelling units per acre; and is implemented by the R-1,
R-2, R-3 and R-4 zoning districts.
26. The Staff Report sets forth relevant policies of the Comprehensive Plan for the application.
The policy most relevant to the proposed rezone is Policy LUP-1.7; which states that zone changes
should be allowed within the Low Density Residential category of the Comprehensive Plan when
specific criteria are met. This may include substantial changes within the area, the availability of
adequate facilities and public services, and consistency with residential densities in the vicinity of
the rezone site.
27. SVMC 19.40.040 and SVMC 19.40.050 describe both the R-3 district and the R-4 district 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.
28. The minimum lot size, width and depth in the R-3 district are respectively 7,500 square feet,
65 feet and 90 feet; and are respectively 6,000 square feet, 50 feet and 80 feet in the R-4 district.
The maximum lot coverage in the R-3 district is 50%, and is 55% in the R-4 district. The
minimum setbacks and maximum building height are the same in both districts.
29. The R-3 and R-4 districts each permit single-family and duplex dwellings. The R-4 district
permits multi-family dwellings, townhouse dwellings, and certain institutional-type residential
uses not permitted in the R-3 district.
30. The Staff Report recommended no conditions of approval for the rezone application; but
recommended the adoption of the conditions recommended by the City Community Development
Department, other city departments, and other public agencies for the preliminary plat application.
31. The City Engineering conditions of approval recommended in the Staff Report for the
preliminary plat require the applicant to install frontage improvements along Valleway Avenue;
including the installation of additional asphalt, curb, gutter, sidewalk and Swale. Such conditions
inadvertently failed to include condition #4 recommended in the July 31, 2009 memorandum from
Mary May of City Engineering to Christina Janssen, regarding the proposed private road in the
project. This condition should be added as a condition of approval.
32. The applicant submitted a trip distribution letter for the project from Ann Winkler, a
qualified traffic engineering consultant. The letter found that the project would generate 10 PM
peak hour trips; with 70% of the trips distributed east to Pines Road, 25% west to Bowdish Avenue
and 5% to Union Road to the south; and that no intersections would have 20 or more new PM peak
hour trips generated by the project.
HE Findings, Conclusions and Decision REZ-01-09/SUB-01-09 Page 4
33. City Traffic Engineering issued a certificate of transportation concurrency for the application.
The certificate found that the application would generate less than 20 PM peak hour trips, and is
exempt from traffic study requirements; sufficient roadway capacity exists, or is programmed to
exist with future roadway improvements, on the City street system to accommodate the uses and
densities proposed in the project; city intersections impacted by the project will not be significantly
affected in terms of level of service; and meets the transportation concurrency requirements of the
SVMC. See certificate issued on March 29, 2012 by Inga Note, City Traffic Engineer.
34. The application was submitted to the Washington State Department of Transportation
(WSDOT), which advised that it had no comments on the project. See email dated 12-5-09 from
Gregg Figg. This indicates that WSDOT has no concerns regarding the impact of the project on
Pines Road (SR-27), a state highway.
35. There is no competent evidence in the record, of a traffic engineering nature, establishing that
the application fails to meet transportation concurrency requirements, or will have any adverse
impacts on City streets or neighboring intersections.
36. The project will be served with public sewer and water. County Utilities, and Modern
Electric Water Company, respectively certified that the preliminary plat meets the public sewer
and public water concurrency requirements set forth in the SVMC.
37. Central Valley School District #356 submitted a letter regarding the project dated July 7,
2009; in which it advised that it did not see any issues between the project and the district's current
facilities, although it could not ensure that students in the project would attend the nearest school.
The district advised that the potential exists to transport students to schools in various areas of the
district; based on current enrollment growth rates, and the availability of facilities and student
enrollment"at that point in time".
38. Central Valley School District #356 (CVSD) further stated in its letter that it could not
presently guarantee room for students from the proposed homes in the project. The district
requested, based on the added enrollment that would be generated by the project, that the City
either postpone approval of the project in accordance with the provisions of RCW 58.17.110, the
State Growth Management Act (GMA), and the County and City comprehensive plans, pending
the availability of additional school facilities; or condition approval of the project on the developer
paying the City a per dwelling unit fee "...equal to the district's eligibility for school impact fees."
39. The Comprehensive Plan does not adopt levels of service for public schools, and allows each
school district to adopt its own levels of service.
40. The Comprehensive Plan provides current information regarding enrollment issues involving
CVSD. The Plan finds that the most urgent need to for CVSD is to add more elementary
classroom space in the east end of the district, CVSD has recently required two (2) properties in
the east part of the district for a new elementary school, CVSD will need to construct a new high
school and middle school in the 20-year time frame of the Comprehensive Plan, CVSD has a site
for a middle school in the east end of the district, and a number of elementary schools need to
HE Findings, Conclusions and Decision REZ-01-09/SUB-01-09 Page 5
be completely remodeled (including Opportunity in the west end of the district). See page 5 and
30-31 of Chapter 4 of Comprehensive Plan.
41. CVSD did not appeal the DNS issued for the project, nor has it updated its comments since
2009. The site is not located in the east end of the district, where capacity issues are greatest.
Further, CVSD in its 2009 comments advised that it could transport students within the district to
keep up with current enrollment rates.
42. CVSD did not establish that it will have insufficient capacity to accommodate the students in
the project at the time of build out, or to support a school mitigation fee imposed through a
voluntary agreement under the authority of RCW 58.17.110 and RCW 82.02.030.
43. The SVMC does not require direct concurrency for schools or parks. The City has not
established a mechanism to collect school impact fees through a voluntary agreement under RCW
82.02.030, or a GMA impact fee under RCW 82.02.050. The Hearing Examiner lacks authority to
condition or deny the proposal based on insufficient school capacity.
44. The City Parks and Recreation Department did not comment on the project. The
Comprehensive Plan indicates that with the 2007 acquisition of 8.3-acres of land in the Greenacres
area of Spokane Valley, the City has adequate park capacity to meet the level of service for parks
adopted in the Comprehensive Plan. See page 6 of Chapter 9 of Comprehensive Plan. The
Hearing Examiner takes notice that the City recently opened a park on such acreage for public use.
45. As set forth in the Staff Report, the preliminary plat complies with the zoning standards of
the R-4 district; except for Lot 7, which has only 76 feet of depth instead of the required 80 feet.
The applicant has applied for an administrative exception from the Community Development
Department to allow such deviation, and the Department has indicated that it plans to approve such
application. See testimony of Christina Jannsen.
46. As set forth in the Staff Report, the preliminary plat, as conditioned, complies with all
applicable standards and requirements set forth in the UDC.
47. Public agencies and neighboring property owners did not object to either application, or the
environmental impact generated by the proposal.
48. The environmental checklist submitted by the applicant, and the DNS issued by the
Community Development Department, properly addressed the environmental impacts of the
application.
49. As set forth in the Staff Report, and as supplemented by the above findings, the preliminary
plat is consistent with the Comprehensive Plan; will serve the public use and interest; and makes
appropriate provisions for the facilities, services and factors set forth in RCW 58.17.110 and
SVMC 20.20.100.
50. The initial version of the Staff Report, on page 3, analyzed the application under obsolete
rezone criteria; which required that a change of conditions be shown by the proponent of the
HE Findings, Conclusions and Decision REZ-01-09/SUB-01-09 Page 6
rezone in support of the rezone. On May 30, 2012, page 3 of the Staff Report was revised to
analyze the proposed rezone under the rezone criteria currently set forth in SVMC 19.30.030. The
current criteria was adopted in 2008, prior to the current application being submitted; and does not
require proof of changed conditions.
51. The proposed rezone to the R-4 district meets the direct concurrency requirements for
transportation, public sewer and water set forth in SVMC 22.20; because any development of the
site proposed in such district must meet such requirements and the site, the area is served by public
sewer and water, and the preliminary plat meets the direct concurrency requirements of the SVMC.
52. The proposed rezone, in conjunction with the preliminary plat, is consistent with the
Comprehensive Plan; bears a substantial relation to the public health, safety and welfare; is
appropriate for reasonable development of the property; is adjacent and contiguous to property of a
higher zone reclassification; will not be materially detrimental to uses or property in the immediate
vicinity of the site; and has merit and value for the community as a whole. The following facts
support such findings:
(a) The site is designated in the Low Density Residential category of the Comprehensive
Plan, and the R-4 district is an implementing zone for such category.
(b) The land adjoining the site to the north and northeast of the site is zoned MF-1, a more
intense zone than the R-3 or R-4 district; and the proposed R-4 district provides zoning
transition between such MF-1 zoning and the R-3 zoning located south of the site.
(c) The R-4 district is a residential zone similar to the R-3 district, but with somewhat
more intense development standards and allowed uses.
(d) The site is developed well below the density permitted in the R-3 district,the R-4
district provides more flexible development standards for the fill-in development of
residential land, and the preliminary plat takes advantage of the more flexible development
standards of the R-4 district.
(e) The preliminary plat proposes the development of single-family dwellings, the same
use as neighboring properties; has an average lot size of 7,400 square feet, that is close to the
minimum lot size of 7,500 square feet required in the R-3 district; will not adversely impact
the character of neighboring land uses; and is consistent with the Comprehensive Plan.
(f) The site is served by a high level of public services and facilities, including public
sewer and water, and modern utilities; will provide proportionate road improvements along
Valleyway Avenue; and is located close to major transportation and commercial corridors in
the City.
53. The preliminary plat has been conditioned for compliance with the R-4 district, the UDC, and
other applicable development regulations.
Based on the above findings of fact,the Hearing Examiner enters the following:
HE Findings, Conclusions and Decision REZ-01-09/SUB-01-09 Page 7
III. CONCLUSIONS OF LAW
1. Certain minor changes should be made to the conditions of approval to ensure clarity and
compliance with the development regulations applicable to the project.
2. The proposed rezone to the R-4 zone complies with the rezone criteria set forth in SVMC
19.30.030.
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. Washington case law requires the proponent of a rezone to establish, by a preponderance of
the evidence, that the proposed rezone bears a substantial relationship to the public health, safety
or general welfare; and that a substantial change of circumstances has occurred in the area.
However, proof of a substantial change of circumstances is not required if the rezone implements
the comprehensive plan of the local government.
5. The proposed rezone to the R-4 zone implements the Comprehensive Plan; and bears a
substantial relationship to the public health, safety or welfare.
6. As conditioned, the preliminary plat application complies with the direct concurrency
requirements set forth in SVMC Chapter 21.20 (Concurrency).
7. The preliminary plat application, as conditioned, complies with the R-4 district, zoning,
subdivision and other requirements for land development set forth in the UDC; and with other
applicable development regulations.
8. The preliminary plat and dedication, as conditioned, conform to the Comprehensive Plan and
will serve the public use and interest.
9. 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.
10. The procedural requirements of the State Environmental Policy Act and SVMC Title 21
(Environmental Controls) have been met.
HE Findings, Conclusions and Decision REZ-01-09/SUB-01-09 Page 8
11. Any conclusion of law above that is a finding of fact is hereby deemed such.
12. The approval of the preliminary plat and rezone application, as conditioned, is appropriate
under SVMC 19.30.030, SVMC Title 20 (Subdivision Regulations), SVMC Chapter 18.20 (Hearing
Examiner), and RCW Chapter 58.17.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the consolidated application
for a preliminary plat and zone reclassification in the above file is 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 successors-in- interest.
A. General Conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The final plat shall be designed in substantial conformance to the preliminary plat map of
record submitted on November 17, 2009, and shall have a maximum of twelve (12) lots for single-
family dwellings; unless a preliminary plat modification is approved pursuant to Section 20.50
(Preliminary Plat, Short Plat, and Binding Site Plan Alterations) of the Spokane Valley Municipal
Code (SVMC).
2. Pursuant to SVMC 20.30.060 (Extensions of Time), an application form and supporting
data for any 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) of the
SVMC, any sale, lease, or transfer of any lot or parcel created pursuant to the SVMC that does not
conform to the requirements of the preliminary plat approval or that occurs without approval, shall
be considered a violation of Chapter 58.17 RCW, and shall be restrained by injunctive action and
shall be illegal, as provided in Chapter 58.17 RCW. Each sale, lease, or transfer of each separate
lot or parcel of land in violation of any provision of this ordinance shall be deemed a separate and
distinct offense.
HE Findings, Conclusions and Decision REZ-01-09/SUB-01-09 Page 9
4. SVMC 20.20.050.80 (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 on all final plats. All surveys shall comply
with the Survey Recording Act(RCW 58.09), Survey and Land Descriptions (WAC 332-130).
5. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), the preliminary plat
approval shall automatically expire on June 14, 2019, unless a time extension is approved for the
preliminary plat. If a request for an extension of time is not timely submitted and approved, the
preliminary approval will expire and the preliminary plat is null and void.
6. Pursuant to SVMC 20.40.030 (Filing Short Plat, Plat, or Binding Site Plan) the City of
Spokane Valley shall record with the Spokane County Auditor's Office the final plat, upon receipt
of all required signatures on the face of the plat.
7. Pursuant to SVMC 20.80.40 (Recordation), all fees for recording shall be paid by the
applicant prior to recording.
8. The official City zoning map shall be revised to indicate that the zoning of the site has been
reclassified to the Single-Family Residential Urban (R-4) district.
B. Prior to or in conjunction with the submittal of a proposed final plat, the applicant shall
comply with the following requirements:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The submitted final plat application shall comply with all submittal requirements specified
in SVMC 20.40. The final plat dedication shall indicate that the primary use on each lot in the
final plat is limited to a single-family dwelling.
2. The final plat dedication shall state: "All lots within this plat shall comply with the building
setback requirements, maximum building height standard, maximum lot coverage standard and
other applicable lot development standards for the R-4 zoning district or successor zoning
designation to the extent permitted by Washington State law in effect at the time of building permit
application."
3. The following addresses have been assigned and shall be designated on the final plat:
Lot 1 - 11827 E. Valleyway Avenue
Lot 2—405 N. Union Lane
Lot 3 —409 N. Union Lane
Lot 4—415 N. Union Lane
Lot 5 —419 N. Union Lane
Lot 6—423 N. Union Lane
Lot 7—427 N. Union Lane
Lot 8 —420 N. Union Lane
HE Findings, Conclusions and Decision REZ-01-09/SUB-01-09 Page 10
Lot 9—416 N. Union Lane
Lot 10—410 N. Union Lane
Lot 11 —406 N. Union Lane
Lot 12— 1903 E. Valleyway Avenue
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
4. A Professional Engineer, licensed in the State of Washington, shall prepare required
engineering documents (including civil/street plans, drainage plans, drainage calculations,traffic
studies, shared access driveway plans, etc.). Plans shall conform to the 2001 Spokane County
Standards for Road and Sewer Construction (or as amended), the 2008 Spokane Regional
Stormwater Manual (or as amended) the SVMC and all other federal, state and local regulations, as
applicable.
5. Frontage improvements are required on Valleyway Avenue, which is designated as a Local
Access Street. Frontage improvements shall include 15 feet of asphalt width from road centerline,
Type B curb and gutter (2 feet), a 10—foot roadside swale, and a 5-foot sidewalk. The total width
of improvements is 32 feet. The current right-of-way is 40 feet; with V2 the right-of-way being 20
feet. The minimum V2 right-of-way width, which is to 2 feet behind the back of curb, is 19 feet. A
border easement, which extends from the right-of-way to back of sidewalk, of 12 feet is required.
This shall be designated on the final plat language and map. The border easement width was
determined assuming that the center of the road coincides with the center of 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.
6. The applicant shall provide street name signs, stop signs, pavement markings and all other
necessary permanent traffic control measures for all streets. The location of the signs must be
called out on the civil plans.
7. The internal street layout shall be coordinated with Development Engineering. Private
streets shall have an "Urban Driveway-Separated Sidewalk" approach or a "Cement Concrete
Approach", as applicable, where they connect to public streets. Full cul-de-sacs or hammerhead
turnarounds need to be provided at the ends of the street.
8. In accordance with the SVMC 19.40.020 (Residential Standards), all residential driveways
shall be paved prior to final plat approval. Off street parking areas are required to be paved at the
time of development. Paving for driveways shall conform to the following requirements:
a. Driveways 150 feet or less in length shall be constructed to City of Spokane Valley
standards. A letter is required from the contractor building the driveway that certifies the
standards are met.
b. Shared access driveways, those serving two or more lots, require an engineered design.
c. Driveways over 150 feet in length require an engineered design and soils report (SVMC
24.50.060).
HE Findings, Conclusions and Decision REZ-01-09/SUB-01-09 Page 11
d. Driveways with areas over 5,000 square feet require storm water treatment (SVMC
22.150.060), and require an engineered design.
9. Driveway approach design shall follow the 2001 Spokane County Road and Sewer
Standards, or as amended.
10. All storm water utilities are to 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
within a tract (see SRSM 11.2).
11. A thorough search for all survey monuments shall be conducted. Any found monuments
shall be referenced on the civil plans and/or final plat.
12. A landscaping plan, which shows the landscaping proposed to be placed in vegetated storm
water facilities, such as channels, ditches, swales, ponds, etc., must be submitted with the site
construction plans for review.
13. A Temporary Erosion and Sedimentations Control (TESC) plan must be prepared and
submitted with the site construction plans for review.
14. An Operations and Maintenance Manual shall be submitted with the initial submittal of final
design plans for the street and/or storm water systems. This manual shall include a discussion of
the design life of the various components, recommended repair and maintenance schedules,
calculated annual costs for repair and maintenance, and calculated replacement costs for each
component of the systems. The manual shall specify the recommended individual monthly
homeowner financial assessment to accomplish the identified maintenance and replacement tasks.
15. A Homeowner's Association (HOA) shall be formed to perpetually operate and maintain the
on-site private street and associated facilities including but not limited to storm water systems at
the end of the service life of the respective components, and any other improvements that may be
legally required in the future. A draft copy of the CC&R's for the HOA shall be included with the
drainage submittal.
16. All utility easements (i.e. telephone, power, etc.) shall be shown on the final plat. The
permittee is responsible for arranging for all necessary utility adjustments, relocations, or
improvements as required for completion of the project. The developer needs to contact the
purveyors of each affected utility regarding private service, utility improvement, and any
relocation and adjustment costs. All rigid objects shall be located out of the clear zone. These
clear zone requirements are found in the Spokane County Road and Sewer Standards, as amended.
17. 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
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Development Engineering. The civil plans for the project shall show the extents of pavement
removal and replacement.
18. All new dry wells and other injection wells must be registered with the Underground
Injection Control program 9UIC) 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 UIC staff at UIC Program, Department of Ecology, PO
Box 47600, Olympia, WA 98504-7600 (360) 407-6143, or go to
http://www.ecy.wa.gov/programs/wq/grndwtr/uic/registration/reg info.html for registration forms
and further information. Copies of the registration for drywells, which receive public road
stormwater runoff, are to be sent to Development Engineering. The City of Spokane Valley
NPDES Permit Number is WAR04-6507.
19. 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 or more acres of land (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 storm water 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 storm
water. More information can be obtained from
http://www.ecy.wa.gov/programs/wq/stormwater/construction/
20. The review of civil plans and supporting documents cannot proceed until an application for a
grading permit has been received. All documents (plans, reports, etc.) must be submitted through
the Building Department Permit Center located at 11703 E. Sprague Avenue, Suite B-3.
21. Plans and calculations submitted for review shall be comprehensive, per Standards (e.g. sheet
size) and have gone through an independent in-house review. It is recognized that minor errors
and omissions may occur, but if the documents do not appear adequate for determining compliance
with requirements or previous comments have not been addressed, they will be returned for
revision. Copies of the checklist that is used to review and assess completeness will be provided to
the applicant upon the request of the project engineer.
22. Border easements shall be designated on the final plat map.
23. The Homeowner's Associations UBI number shall be referenced on the face of the final plat.
24. Plat language will be determined at the time of final plat submittal. Plat language shall be
obtained from Development Engineering after civil plan approval and/or prior to the first submittal
of a proposed final plat.
SPOKANE COUNTY DIVISION OF UTILITIES:
HE Findings, Conclusions and Decision REZ-01-09/SUB-01-09 Page 13
it
25. 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."
26. The applicant shall submit expressly to Spokane County Division of Utilities, under separate
cover, only those plan sheets showing sewer plans and specifications for the public sewer
connections and facilities for review and approval. Prior to plan submittal, the applicant is
required to contact Billy Urhausen at 477-3604 to discuss the details of sewer plans.
27. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the submittal of
a final plat.
28. Security shall be deposited with the Division of Utilities for the construction of the public
sewer connection and facilities, and for the prescribed warranty period. Security shall be in a form
acceptable to the Division of Utilities, and in accordance with the Spokane County Sanitary Sewer
Ordinance.
29. Security will be submitted to the Division of Utilities prior to approval of the Sewer Design
Plans.
30. 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:
31. The final plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
32. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the Community Development Department to the utility companies, Spokane
Valley Engineer, and the Spokane Regional Health District. Written approval of the easements by
the utility companies shall be received prior to submittal of the final plat.
33. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County.
34. Water service shall be coordinated through the Director of Utilities, Spokane County.
35. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
36. 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.
HE Findings, Conclusions and Decision REZ-01-09/SUB-01-09 Page 14
37. 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.
38. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection use shall be approved by the water purveyor. Said water plan must have been approved
by the fire protection district and the appropriate health authorities. The health authorities, water
supplier (purveyor), and the fire protection district will certify, prior to the filing of the final plat,
on the face of said water plan that the plan is in conformance with their respective needs. Said
water plan and certification will be drafted on a transparency suitable for reproduction.
39. The purveyor will also certify prior to filing the final plat on a copy of said water plan that
appropriate contractual arrangements have been made with the plat sponsor for construction of the
water system, in accordance with the approved plan and time schedule. The time schedule will
provide, in any case, for completion of the water system and inspection by the appropriate health
authorities prior to application for building permits within the plat. The contractual arrangement
will include a provision holding City of Spokane Valley, Spokane Regional Health District, and
the purveyor harmless from claims by any lot purchaser refused a building permit due to failure of
the plat sponsor to satisfactorily complete the approved water system.
40. Prior to filing the final plat, the applicant shall demonstrate to the satisfaction of the Spokane
Regional Health District that the existing system serving the residences located on Lot 2 are
wholly located within their respective boundaries of the tract or connect to public sewer prior to
final approval.
41. A public sewer system will be made available for the lot and individual service will be
provided to each lot prior to sale. The use of individual on-site sewage disposal shall not be
authorized.
42. 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 the sale. The use of individual on-
site sewage disposal systems shall not be authorized."
43. The final plat dedication shall state: "The use of private wells and water systems is
prohibited."
44. The final plat dedication shall state: "The public water system, pursuant to the Water Plan
approved by Regional 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 issuance of a building permit for each lot."
SPOKANE COUNTY FIRE DISTRICT 1 (SPOKANE VALLEY FIRE DEPARTMENT):
45. Fire apparatus access road/driveway and turnaround shall be posted on both sides as "No
Parking-Fire Lane."
HE Findings, Conclusions and Decision REZ-01-09/SUB-01-09 Page 15
C. Prior to or during on-site construction, the applicant shall comply with the following
requirements:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT — DEVELOPMENT
ENGINEERING DIVISION:
1. A pre-construction conference with Development Engineering is required prior to the start of
construction. The grading permit is to be taken out prior to scheduling the pre-con meeting with
proof of the permit issuance provided at the meeting. During this meeting, standards and submittal
requirements for the Construction Certification will be given to the project engineer/inspector.
2. For construction affecting public right-of-way, fourteen (14) days prior to construction, a
sign shall be securely posted at each ingress point to the project area. The sign shall be clearly
visible from the right-of-way and provide project construction details. See section 0.7 of the Street
Standards.
3. Permits are required for any access to or work within the right-of-way of the Spokane Valley
roadway system. A traffic control plan will be required to accompany the right-of-way obstruction
permit.
4. The TESC structures (such as filter fence, silt ponds, silt traps) shall be installed prior to the
start of site work and maintained throughout the duration of construction and until the site has
stabilized.
5. All survey monuments shall be protected during construction. Any disturbed or damaged
monuments shall be replaced prior to certification/final plat and/or release of surety.
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.
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
releasing the performance surety or final plat approval.
SPOKANE REGIONAL CLEAN AIR AGENCY:
8. 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.
9. 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.
10. Debris generated as a result of this project shall be disposed of by means other than burning.
HE Findings, Conclusions and Decision REZ-01-09/SUB-01-09 Page 16
11. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
12. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
13. A Notice of Construction and Application for Approval shall be submitted and approved by
SCAPCA prior to the construction, installation, or establishment of an air pollution source. This
includes emergency generators rated at 500 hp (375 kW) or higher, natural gas hearing equipment
units rated at 4 MMBTU/hr or higher (input), and heating equipment units fired with other fuels
(e.g. diesel) rated at 1 MMBTU/hr (input) or higher. Contact SCAPCA for a Notice of
Application.
14. A Notice of Intent shall be submitted to SCAPCA prior to any demolition project or asbestos
project. An asbestos survey must be done by an AHERA accredited building inspector prior to the
demolition or renovation of buildings to determine if asbestos-containing material is present at the
site. Contact SCAPCA for a Notice of Intent application.
DATED this 14th day of June, 2012
SPOKANE VALLEY HEARING EXAMINER
—"lerr
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Mic el C. Dempsey, WSBA#
HE Findings, Conclusions and Decision REZ-01-09/SUB-01-09 Page 17
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
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) 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.
This decision was 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, on June
14, 2010. THE APPEAL CLOSING DATE FOR THE PORTION OF THE DECISION
APPROVING THE SITE-SPECIFIC MAP AMENDMENT IS JUNE 28, 2012, counting
to the next business day.
Pursuant to SVMC 17.90 and RCW Chapter 36.70C, the decision of the Hearing
Examiner on an application for a preliminary plat is final and conclusive unless within
twenty-one (21) calendar days from the date of issuance of the Examiner's decision, a party
with standing files a land use petition in Superior Court pursuant to RCW Chapter 36.70C.
Pursuant to RCW Chapter 36.70C, the date of issuance of the Hearing Examiner's decision is
three (3) days after it is mailed.
The date of issuance of the Hearing Examiner's decision regarding the preliminary
plat, under RCW Chapter 36.70C, is June 18, 2012, counting the next business day. THE
APPEAL CLOSING DATE FOR THE PORTION OF THE DECISION APPROVING
THE PRELIMINARY PLAT IS JULY 9,2012.
The complete record in this matter, including this decision, is on file during the
appeal period with the Office of the Hearing Examiner, Third Floor, Public Works
Building, 1026 West Broadway Avenue, Spokane,Washington, 99260-0245; and may be
inspected by contacting Kristine Chase at (509) 477-7490. The file may be inspected during
normal working hours, listed as Monday-Friday of each week, except holidays, between the
hours of 8:00 a.m. and 4:30 p.m. After the appeal period, or if transferred sooner than the
expiration of the appeal period, the file may be inspected at the City of Spokane Valley
Department of Community Development-Planning Division, 11707 E. Sprague Avenue,
Spokane Valley,WA, 99206; by contacting Christian Jannsen 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 REZ-01-09/SUB-01-09 Page 18