SUB-04-08 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for the Preliminary Plat of )
Valley Pointe, in the CMU District; ) FINDINGS OF FACT,
Applicant: Whipple Consulting Engineers, Inc. ) CONCLUSIONS OF LAW,
File No. SUB-04-08 ) AND DECISION
I. SUMMARY OF DECISION
Hearing Matter: Application for a preliminary plat, in the CMU District.
Summary of Decision: Approve preliminary plat; subject to the conditions of approval
recommended for the application, and an additional requirement that the final plat substantially
comply with the residential zone dimensional standards established for townhouses in the MF-2
District. The preliminary plat will expire on April 20, 2014, unless a request for an extension of
time is submitted at least 30 days prior to such expiration date.
II. FINDINGS OF FACT
1. The application seeks approval of the preliminary plat of Valley Pointe, to subdivide 2.41-
acres of land into 30 lots for attached single-family dwellings, in the form of 6-unit and 4-unit
townhouses; in the Corridor Mixed Use (CMU) District of the Spokane Valley Municipal Code
(SVMC).
2. The site is located between Fourth Avenue and Appleway Avenue, approximately 1,000
feet west of the intersection of University Road and Fourth Avenue; in Spokane Valley,
Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45201.0722 and
45201.0723, and is legally described on the preliminary plat map of record. A residence on the
property is addressed at 10309 E. 4th Avenue, Spokane Valley, Washington.
4. The applicant is Whipple Consulting Engineers, Inc.; addressed at 2528 N. Sullivan Road,
Spokane Valley, WA 99216. The site owner is Community Frame Works; addressed at c/o
John Fisher, 315 W. Mission Avenue, Spokane, WA 99201.
5. On December 30, 2008, the applicant submitted a complete application for the preliminary
plat.
6. On February 27, 2009, the Spokane Valley Community Development Department issued a
Determination of Nonsignificance (DNS) for the application, under the City Environmental
Ordinance. The DNS was not appealed.
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7. On March 26, 2009, the Hearing Examiner held a public hearing on the application. The
Examiner conducted a site visit on March 26, 2009, prior to the hearing.
8. The following persons testified at the public hearing:
Karen Kendall, Associate Planner Greg McCormick
City Community Development Dept. City Community Development Dept.
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
John Fisher John Sawyers
315 W. Mission Whipple Consulting Engineers, Inc.
Spokane, WA 99201 2528 N. Sullivan
Spokane Valley, WA 99216
Wendy Piper
10301 E. 4th Avenue
Spokane Valley, WA 99206
9. The Hearing Examiner heard the proposal pursuant to Chapter 18.20 of the SVMC, and the
City Hearing Examiner Rules of Procedure.
10. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
Municipal Code (SVMC), and Standards for Road and Sewer Construction; other applicable
development regulations; and prior land use decisions in the vicinity.
11. The record includes the documents in the application file at the time of the public hearing,
the documents and testimony submitted at the public hearing, and the items taken notice of by the
Examiner.
12. The site is approximately 2.41 acres in size, and irregular in shape. The west portion of the
property is improved with a single family dwelling, shop and detached garage. The site is
relatively flat in topography, slopes down toward the northwest, and has a maximum slope of
approximately 5%. I°
13. The preliminary plat map of record submitted on January 15, 2009 illustrates 12 lots
grouped for two (2) 6-unit townhouses in the east portion of the site, six (6) lots grouped for a 6-
unit townhouse in the southwest portion of the site, four(4) lots grouped for a 4-unit townhouse
in the northwest portion of the site, and eight(8) lots grouped for two (2) 4-unit townhouses in
the middle north portion of the site.
14. The lots in the preliminary plat range in size from 1,560 square feet to 5,622 square feet
in size, with an average lot size of approximately 2,760 square feet. The gross density of the
preliminary plat is 12.4 dwelling units per acre, and the net density is 15.2 dwelling units per
acre.
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15. The preliminary plat map illustrates the building footprint for each townhouse; with a
range of approximately 600 square feet to 4,300 square feet of open space left on each lot;
exclusive of the respective townhouse dwelling and any detached accessory structures erected on
the lots. Most lots have a frontage and width of 20 feet, with the other lots having a greater
frontage and width. All but three (3) lots have a depth of 80 feet or greater. An open space tract
of 3,108 square feet is illustrated along the south border of the northwest portion of the site.
16. The preliminary plat map shows the extension of a new public road through the site,
between Fourth Avenue and Appleway Avenue; and illustrates the internal extension of a private
road from the internal public road to Appleway Avenue, with a gated lire access at Appleway
Avenue.
17. Neighboring land lying south of Fourth Avenue is designated in the High Density
Residential category of the Comprehensive Plan; zoned Multifamily High Density Residential
(MF-2);and developed with single-family dwellings, duplexes and apartments on parcels of
various sizes.
18. The site and other neighboring land are designated in the Corridor Mixed Use category of
the Comprehensive Plan, and zoned CMU. Neighboring land located to the west consists of
single-family dwellings on parcels of various sizes, with an electric substation located further to
the west.
19. Neighboring land located to the east consists of single-family dwellings and apartments on
parcels of various sizes. A nursing home is found at the southwest corner of Fourth Avenue and
University Road. A large parcel of land located at the northwest corner of the intersection of
Fourth Avenue and University Road is improved with a bus transfer station for the Spokane
Transit Authority.
20. A large expanse of land lying north of the site between Appleway Avenue and Sprague
Avenue, and extending between Dartmouth Road and University Road, is developed with retail,
office and other business uses in the University mall complex. Balfour Park, a city park, is
situated approximately 1,200 feet north of the site, along the north side of Sprague Avenue.
21. The City Arterial Road Plan designates Sprague Avenue, and Appleway Avenue west of
University Road, as Principal Arterials. Appleway Avenue, east of University Road, is
unimproved and designated as a future Principal Arterial. University Road is designated as a
Minor Arterial, and Fourth Avenue as a Collector.
22. Eastbound Appleway Avenue and westbound Sprague Avenue comprise a one-way, multi-
lane lane couplet west of University Road. Sprague Avenue is a two-way road east of University
Road. University Road is improved to four(4) lanes south of Sprague Avenue. Sprague Avenue
and Appleway Avenue comprise major commercial corridors in the area. F
23. The only comment regarding the project received from neighboring property
owners was the brief testimony submitted by the owner of the single-family dwelling
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located to the west, who requested that power lines extended to the site be placed
underground. No public agencies objected to the project.
24. The CMU District permits townhouse dwellings and multifamily dwelling s, but prohibits
stand alone single-family and duplex dwellings on individual lots. See Appendix 19-A of
SVMC.
25. SVMC 19.40.020(1)(a) refers to townhouse and duplex dwelling units located on
individual lots as a form of attached single-family dwellings.
26. Appendix A of the City Uniform Development Code (UDC), which is part of the SVMC
and includes all the City's development regulations, does not define the term"townhouse".
Words not defined in Appendix A are to be construed as defined in Webster's New Collegiate
Dictionary.
27. Webster's New Collegiate Dictionary defines a"townhouse" and a"row house", in
pertinent part, as follows:
"Townhouse:...a usually single-family house of two or sometimes three stories
that is usually connected to a similar house by a common sidewall; also row
house."
"Row house:...one of a series of houses connected by common sidewalls and
forming a continuous group.
28. SVMC 19.60.010 contains general requirements for the CMU District, other
mixed use districts, and office and commercial districts. Such section specifies setback
and maximum building height standards for non-residential development in such zones,
but not for residential development.
29. SVMC 19.60.080 imposes a minimum front and flanking street yard setback of 20
feet in the CMU District, "...except as otherwise provided."
30. SVMC 19.60.080 requires projects with a residential component the CMU
r
District to provide 210 feet of open space per dwelling units "...conforming to the
requirements of SVMC 19.40.020(5) and eligible for reduction for improvements on the
same basis...", except for residential development of less than 10 dwelling units, or
located within 1,300 feet of a public park.
31. SVMC 19.40.020 sets forth standards for residential development. Table 19.40-1
thereof sets forth residential zone dimensional standards, but does not list standards for
f
the CMU District.
32. SVMC 19.40.020(1)(a) sets forth standards for attached townhouse dwellings in
any zoning district; including limiting the number grouped on individual lots in a
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continuous row or group to six (6), prohibiting the stacking of dwellings, and requiring a
minimum side yard of six (6) feet on each side of a contiguous row or group of dwellings.
33. SVMC 19.40.020(1)(a)(i) requires attached single-family dwellings, including
duplexes and townhouses located on individual lots, to meet the rear, front and side yard
requirements, and maximum lot coverage and building height requirements shown in
Table 19.40-1.
34. Since the CMU District and other mixed use or primarily nonresidential districts
of the SVMC are not listed in Table 19.40.1, this leaves townhouse projects developed in
such districts without any dimensional standards for lot size, width, depth, lot coverage
and building height. The same lack of regulation occurs with regard to multifamily
dwelling projects developed in such districts.
35. Section 20.20.090 of the SVMC requires that lot dimensions in preliminary and
final subdivisions comply with the minimum standards established in SVMC 19.40, and
also addresses "lot depth".
36. The lack of zoning dimensional standards for residential uses in the mixed use
zones and other primarily nonresidential zones of the SVMC is incongruous with the
dimensional standards established for such uses in the residential zones of the SVMC, but
is inconsistent with the concept of zoning contemplated for municipalities under RCW
35A.63.100.
37. Such lack of dimensional standards also conflicts with the residential goals and
policies set forth in Chapter 2 of the Comprehensive that are intended to protect the
residential character of residential neighborhoods, protect residential areas from higher
intensity uses, and ensure the adoption of development standards that focus on scale,
appearance and compatibility. For example, a developer could potentially construct a
100-foot tall apartment building or townhouse in the CMU District on the rear lot line of
a 500-foot square lot, adjacent to a lot with an existing single-family residence in a
residential district of the SVMC.
38. The lack of zoning dimensional standards for residential uses in the CMU, and
other primarily nonresidential zones of the SVMC, should be considered an ambiguity in
the SVMC; and the residential zones standards set forth in Table 19.40-1 for the most
intense residential district in the SVMC should be applied to the project, i.e. the Multi-
family
High Density Residential (MF-2) District.
39. The zone dimensional standards applicable to townhouses in the MF-2 district,
under Table 19.40-1 of the SVMC, are a 2,000-square foot minimum lot size, 20-foot lot
width, 80-foot lot depth, 15-foot (dwelling) and 20-foot(garage) front and flanking street
yard setbacks, 10-foot rear yard, 65% lot coverage, and 50-foot building height.
Townhouses do not have to comply with 10% open space requirement required by the
table for the other types of residential uses in the residential zones of the SVMC.
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40. The current project appears to have been designed with the dimensional and
development standards applicable to townhouses in the MF-2 District in mind. The only
deviations in the project from such standards appears to be found in Lots 1-3 of Block 1
of the preliminary plat, which lots range from .27 to 1.99 square feet short of the
minimum 80-foot lot depth required by the MF-2 District. This represents substantial
compliance, and considering the lack of guidance provided to the applicant by the SVMC
in designing the townhouse dwellings on individual lots, should be allowed.
41. The Staff Report, on p. 3, references SVMC 19.40.020(1)(a)(i) as requiring each
townhouse dwelling to extend from foundation to roof, open on at least two (2) sides.
The Examiner could not find such requirement in the language of the section.
42. The Staff Report fails to address the consistency of the preliminary plat with the general
design criteria for subdivisions set forth in Section 20.20.090 of the SVMC. Such compliance
should be demonstrated prior to final plat approval.
43. The conditions of approval for the application require the undergrounding of all utilities.
44. The applicant testified at the public hearing that the project tried to preserve as much open
space on each lot as possible, and that traffic impacts from the project along Fourth Avenue and
Appleway Avenue would balance on an AM-PM basis. See testimony of John Sawyers.
45. The site owners, a non-profit corporation that plans to develop the site, testified at the
public hearing that the tract of open space in the preliminary plat would be reserved for a small
picnic and gathering area, a sight-obscuring fence was planned along the east and west, each lot
and its divided townhouse unit are planned to be sold separately, grass would be planted in each
backyard, and trees and other vegetation would be planted along the north edge of the project to
provide a noise buffer from Appleway Avenue. See testimony of John Fisher.
46. City Engineering conditions require the applicant to make frontage improvements along
Fourth Avenue. This includes the addition of asphalt, dedication of 2.5 feet of right of way, and
installation of curb and sidewalk. The internal public road must be improved to City Road
Standards; including a 30-foot pavement width, and the installation of curb, gutter and sidewalk.
47. City Engineering conditions of approval require the internal private road to be improved to
City standards, and prohibit direct residential access to Appleway Avenue.
48. The preliminary plat does not appear to show the 2.5 feet of right of way dedication
required for Fourth Avenue. This would affect the two (2) lots proposed along such road,but
such lots are large enough and wide enough to easily meet the t are traffic impacts from the
project along Fourth Avenue and Appleway Avenue would balance on an AM-PM basis
49. Subject to the above analysis, the Staff Report provides a thorough and accurate analysis of
the consistency of the preliminary plat with the policies of the Comprehensive Plan; and with the
concurrency, zoning and subdivision regulations set forth in the SVMC that apply to the
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preliminary plat. The Examiner hereby adopts such analysis by reference as findings of fact and
conclusions of law herein.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. RCW 36.70B.030 requires that a comprehensive plan and development regulations adopted
by local government under the State Growth Management Act(GMA) serve as the foundation for
project review; and that where standards for development are specified in local development
regulations, or in the absence of applicable development regulations, are addressed in a
comprehensive plan, such regulations, or the comprehensive plan, respectively, are determinative
of the standards of development for the land use action.
2. Under Washington case law, where the comprehensive plan of a local government conflicts
with zoning regulations or other development regulations, the zoning and other development
regulations are controlling.
3. The SVMC is ambiguous in not providing dimensional standards for the residential
development of townhouse and multifamily dwellings, including attached townhouse dwelling
units, in the CMU District. To ensure that the preliminary plat serves the public use and interest;
and makes appropriate provision for the public health, safety and general welfare; the preliminary
plat should be required to substantially comply with the dimensional standards of the Multi-
family High Density Residential (MF-2) District for townhouses.
4. The preliminary plat complies with the concurrency requirements set forth in Chapter 21.20
(Concurrency) of the UDC.
5. A condition of approval should be added that requires the final plat of the project to be
reviewed for consistency with the general design regulations for subdivisions set forth in Section
20.20.090 of the UDC.
6. The preliminary plat, as conditioned, complies with the CMU District, zoning, subdivision
and other requirements for land development set forth in the SVMC; and with other applicable
development code provisions.
7. The preliminary plat and dedication, as conditioned, conform to the Comprehensive Plan
and will serve the public use and interest.
8. 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,
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critical areas, and all other relevant facts as specified in RCW 58.17.110 and Section 20.20.100
of the UDC.
9. The procedural requirements of the State Environmental Policy Act and Title 21
(Environmental Controls) of the SVMC have been met.
10. Some minor changes are needed to the conditions of approval, for formatting and
clarification purposes.
11. Approval of the preliminary plat application, as conditioned, is appropriate under Title 20
(Subdivision Regulations) of the UDC and chapter 58.17 RCW.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the application for a
preliminary plat is hereby approved, subject to the revised 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:
A. General conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The final plat shall be designed in substantial conformance with the preliminary plat map
of record submitted on January 15, 2009, including a maximum of thirty (30) residential lots;
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).
All references to "Section" below shall be construed as referring to sections of the SVMC, unless
otherwise stated.
2. Pursuant to Section 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 Section 20.20.050 (Prohibition against sale, lease or transfer of property), any
sale, lease, or transfer of any lot or parcel created pursuant to the SVMC that does not conform to
the requirements of the preliminary plat approval or that occurs without approval, shall be
considered a violation of Chapter 58.17 RCW, and shall be restrained by injunctive action and
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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. Pursuant to Section 20.30.050 (Expiration of Preliminary Approval), the preliminary plat
approval in File No. SUB-04-08 (Valley Pointe) shall automatically expire on April 20, 2014.,
and the preliminary plat shall become null and void, unless a time extension request is timely
submitted and approved.
5. The final plat shall be reviewed for compliance with the general design requirements for
subdivisions set forth in Section 20.20.090.
6. The final plat shall comply with the zoning regulations for the Corridor Mixed Use
(CMU) District, and other applicable regulations set forth for townhouses in Title 19 of the
SVMC.
7. The final plat shall substantially comply with the minimum setback, minimum lot area,
maximum lot coverage and maximum building heights requirements set forth for townhouses in
the Multi family High Density Residential (MF-2) District.
B. Prior to final plat approval or in association with the submittal of the final plat, the
applicant or successors in interest shall comply with the following requirements:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—
PLANNING DIVISION:
1. Submit a final plat that complies with all submittal requirements specified in Section
20.40 of the SVMC.
2. The final plat dedication shall state: "All lots within this plat shall comply with the
building setback requirements, maximum building height standard and other applicable lot
development standards for the Corridor Mixed Use (CMU) district or successor zoning
designation to the extent permitted by Washington State law in effect at the time of building
permit application."
3. Pursuant to Chapter 19.40.020(B) (Residential Standards), all residential driveways and
off-street parking areas shall be paved with asphalt, Portland cement, grasscrete, paver blocks or
other equivalent hard surface material.
4. Pursuant to Chapter 20.20.090(G), the applicant shall improve or make appropriate
provisions for the construction of the public or private streets or private driveways that provide
access to lots being created through the short subdivision, subdivision, or binding site plan
consistent with appropriate City-adopted standards.
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SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT - DEVELOPMENT
ENGINEERING DIVISION:
5. 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 City of Spokane Valley Municipal Code, and all other
federal, state and local regulations, as applicable.
6. Frontage improvements are required on Fourth Avenue, a Collector Arterial located in a
commercial zone. Frontage improvements include 18.5 feet of asphalt width from road
centerline, a Type B curb and gutter(2 feet), a 10-foot roadside swale, and a 5-foot sidewalk.
The total width of improvements is 35.5 feet. The current right-of-way is 40 feet, with one-half
('/2) of the right-of-way being 20 feet. The minimum on-half(A) right-of-way width, which is to
2 feet behind the curb, is 22.5 feet. Therefore, a right-of-way dedication of 2.5 feet and a border
easement, which extends from the right-of-way to back of sidewalk, of 13 feet are required. This
shall be designated on the final plat language and map. The right-of-way and border easement
locations and dedication widths were determined assuming that the center of the street coincides
with the center right-of-way. The Applicant shall confirm the right-of-way location and width(s).
Note: Building setbacks begin at the edge of border easement.
7. Frontage improvements exist on Appleway Avenue, a 5-lane Principal Arterial located in
a commercial zone. Accordingly, no further improvements or dedications are required for such
road. If an existing approach is to be altered or abandoned, then the unused portion of the
original approach needs to be removed and replaced with curb, gutter and sidewalk matching that
which is adjacent.
8. The north/south internal street is required to be public. Public streets are to be composed
of 30 feet of asphalt width and, on each side, Type B curb and gutter(2 feet), a 10-foot roadside
swale and a 5 foot sidewalk. The total width of improvements is 64 feet. This requires 38 feet of
right-of-way dedication and 13-foot border easements on both sides. This shall be designated on
the final plat language and map. Note: Building setbacks begin at the edge of the border
easement. Where streets end at the plat boundary, the right-of-way, border easements, and
improvements shall continue to the plat boundary and temporary full cul-de-sacs provided at the
ends of the streets.
9. The proposed east/west street may be private. The private street design width is to be in
accordance with Table 3.03 of the Spokane County Standards for Road and Sewer Construction.
As the private street accesses eight(8) proposed lots, a minimum street width of 24 feet is
required, with 10-foot maintenance and utility easements on each side. 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 private streets. Per the International Fire Code, Appendix D,the
proposed private road is required to be posted on both sides with"No Parking" signs.
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10. The proposed access gate at Appleway Avenue and the private street shall be for
emergency access only. The location of the access gate is to be determined at the time of civil
plan review and as approved by the Fire Department.
11. In accordance with the Section 19.40.020 (Residential Standards), all residential
driveways and off-street parking areas shall be paved. Paving shall conform to the following
requirements:
• Driveways shall be 150 feet or less in length. Prior to final plat approval, the
contractor building the driveway shall certify, by letter, that the driveway is
constructed to City of Spokane Valley standards.
• Shared access driveways, those serving two or more lots, require an engineered
design.
• Driveways over 150 feet in length require an engineered design and a soils report
(SVMC 24.50.060).
• Driveways with areas over 5,000 square feet require stormwater treatment(SVMC
22.150.060), require an engineered design.
12. Appleway Avenue is a Principal Arterial. No direct residential driveway access is
allowed from the proposed parcel(s) to such street, per Spokane Road and Sewer Standards
Section 1.03.7.
13. 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 are required to show the extents of
pavement removal and replacement.
14. The applicant is required to 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.
15. Driveway approach design shall follow the 2001 Spokane County Road and Sewer
Standards, or as amended. Residential driveway approaches have a minimum width of 16 feet
and are required to be located a minimum of 7.5 feet from a property line. The proposed lot
layout shows lot widths of 22 feet, and therefore shared driveway approaches will be required.
16. An Operations and Maintenance Manual shall be submitted with the initial submittal of
final design plans for the private street and/or stormwater systems. The 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.
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17. A thorough search for all survey monuments shall be conducted. Any found monuments
shall be referenced on the civil plans and/or final plat.
18. A landscaping plan, showing landscaping proposed in vegetated stormwater facilities,
such as channels, ditches, swales, ponds, etc. shall be submitted with the site construction plans
for review.
19. All utility easements ( i.e. telephone, power, etc.) shall be shown on the final plat. The
permittee is responsible for arranging all necessary utility adjustments, relocations, or
improvements as required for completion of the project. The applicant shall contact the
purveyors of each affected utility regarding private service, utility improvement, and any
relocation and adjustment cost. All rigid objects shall be located out of the clear zone. These
clear zone requirements can be found in the 2001 Spokane County Road and Sewer Standards,or
as amended.
20. A Temporary Erosion and Sedimentations Control (TESC)plan shall be prepared and
submitted with the site construction plans and will cover all construction activities for the
improvements proposed in these plans.
21. A Homeowners Association (HOA) is required to be formed to perpetually operate and
maintain any on-site private street(s) and associated facilities including but not limited to
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. A draft copy of the CC&Rs for the
HOA is required to be submitted with the drainage submittal.
22. All new dry wells and other injection wells must be registered with the Underground
Injection Control program (UIC) at Department of Ecology prior to use and the discharge from
the well(s)must comply with the ground water quality requirement (non-endangerment standard)
at the top of the ground water table. Contact the UIC staff at UIC Program, Department of
Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143 or go to:
http://www.ecy.wa.gov/programs/wq/grndwtr/uic/registration/reg info.html for registration
forms and further information. Copies of the registration for drywells, which receive public
street stormwater runoff, are to be sent to Development Engineering. The City of Spokane
Valley NPDES Permit Number is WAR04-6507.
23. 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.
24. Plans and calculations submitted for review shall be comprehensive, per standards (e.g.
sheet size), and have gone through an independent in-house review. The Development
Engineering Division is aware that minor errors and omissions occur; but, if in an initial perusal
as the review begins,the documents do not appear to be adequate for determining compliance
with requirements or that previous comments have not been addressed, the documents will be
returned. Copies of the checklist that we use to review and assess completeness will be provided
upon request of the Project Engineer.
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25. Right-of-way dedication and border easements must be designated on the final plat map.
26. The Homeowner Association's U131 number shall be referenced on the face of the final plat.
27. Plat language will be determined at the time of final plat submittal. Contact Development
Engineering after civil plan approval and/or prior to first submittal of final plat to obtain plat
language.
SPOKANE COUNTY DIVISION OF UTILITIES:
28. Pursuant to authority in the SVMC, 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."
29. A Public Sanitary Sewer Easement shall be shown on the face of the final plat, and the
final plat 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 may interfere with
the constructing, installing, operating, maintaining, repairing, altering, replacing, removing and
all other uses or purposes which are or may be related to a sewer system. The grantor(s) reserve
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."
30. 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. Commercial developments shall
submit historical and or estimated water usage as part of the sewer plan submittal. Prior to plan
submittal, the developer is required to contact the Spokane County Division of Utilities to
discuss the details of the sewer plans.
31. Sewer plans acceptable to the Division of Utilities shall be submitted prior to final plat
approval.
32. Pursuant to authority in the SVMC, 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.
HE Findings, Conclusions and Decision SUB-04-08 Page 13
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33. Security will be submitted to the Division of Utilities prior to approval of the Sewer
Design Plans.
34. 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:
35. The final plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
36. 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.
37. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
38. Water service shall be coordinated through the Director of Utilities, Spokane County.
39. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
40. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat
1
41. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection use shall be approved by the water purveyor. Said water plan must have been
approved by the fire protection district and the appropriate health authorities. The health
authorities, water supplier (purveyor), and the fire protection district will certify, prior to the
filing of the final plat, on the face of said water plan that the plan is in conformance with their
requirements and will adequately satisfy their respective needs. Said water plan and certification
will be drafted on a transparency suitable for reproductions.
42. The purveyor will also certify prior to filing the final plat on a copy of said water plan
that appropriate contractual arrangements have been made with the plat sponsor for construction
of the water system, in accordance with the approved plan and time schedule. The time schedule
will provide, in any case, for completion of the water system and inspection by the appropriate
health authorities prior to application for building permits within the plat. The contractual
arrangements will include a provision holding 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.
HE Findings, Conclusions and Decision SUB-04-08 Page 14
m
43. A public sewer system will be made available for the plat and individual service will
provide to each lot prior to sale. The use of individual on-site sewage disposal systems shall not
be authorized.
44. 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."
45. The final plat dedication shall state: "Use of private wells and water systems is
prohibited."
46. 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, 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 COUNTY FIRE DISTRICT 1:
47. The public road shall be named Balfour Road. Block 3-4 and the east half of Block 2 of the
plat shall have a Balfour Road address.
48. The private road shall be named Felts Lane. Block 1 and the west half of Block 2 of the
plat shall have a Felts Lane address.
49. One (1) new fire hydrant shall be installed at the southeast corner of the intersection of
Balfour Road and Appleway Avenue, and comply with the following requirements:
a. Hydrants shall stand plumb. The traffic breakaway flange is to set at the finished
curb/grade elevation, with the lowest outlet of the hydrant no less than 18 inches
above the curb grade. There shall be a clear area around the hydrant of not less than
36 inches as measured from the outside edge of the barrel or outlet ports, whichever
is greater, for clearance of a hydrant wrench on both outlets and the control valve.
b. All fire hydrants shall have a minimum of three outlets, one 4-1/2 inch inside
diameter pumper outlet and two 2-1/2 inch inside diameter outlets. Threads on all
outlets shall be National Standard Thread(NST).
c. The pumper port shall face the street. Where the street cannot be clearly defined or
recognized, the port shall face the most likely route of approach and location of the
fire a pp aratus while pumping, as determined by the local fire protection authority.
50. Roads less than 26 feet wide shall be posted "No Parking-Fire Lane" on both sides.
Roads less than 23 feet wide and more than 26 feet wide shall be posted "No Parking-Fire Lane"
on one side.
HE Findings, Conclusions and Decision SUB-04-08 Page 15
AVISTA UTILITIES:
51. A ten(10)-foot wide easement is required along Fourth Avenue and Appleway Avenue.
52. A five (5)-foot wide easement is required along both sides of the interior public roads
depicted thereon.
53. The final plat dedication shall state: "Utility easements shown on the herein described plat
are hereby dedicated for the use by serving utility companies for the construction, reconstruction,
maintenance, protection, inspection and operation of their respective overhead or underground
facilities; fiber optics, cable, phone, natural gas and electric. The rights granted herein shall
prohibit the following: Encroachment of drainage swales or `208 structures', when they interfere
with the utilization of these easement strips by the serving utilities; changes in-grade that alter
coverage over installed facilities; installation of water meter boxes; and placement of surface
structures of brick, rock or masonry that interfere with the rights granted herein. The installation
of street light poles is also prohibited unless installed by the serving utility company. Utility
companies shall also have the right to trim or remove trees, bushes, and landscaping, without
compensation, when they are situated within the easement strip. This provision shall not prohibit
fences or any lateral crossings of the easement strips with domestic water or sewer lines. If the
developer or his subcontractor should ditch beyond the limits of the platted easement strips
shown hereon, the easement shall then be identified by the actual physical location of the
installed utilities."
C. Prior to or during on-site construction, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-PLANNING
DIVISION:
1. A commercial pre-application meeting is required prior to the construction and permitting
of future buildings.
2. A demolition permit is required prior to the removal of the existing structures.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT — DEVELOPMENT
ENGINEERING DIVISION:
3. A pre-construction conference with Development Engineering is required prior to the start
of construction. During this meeting, standards and submittal requirements for the Construction
Certification will be given to the project engineer/inspector.
4. Permits are required for any access to or work within the right-of-way of the City of
Spokane Valley roadway system. A traffic control plan will be required.
5. For construction affecting public right-of-way: Fourteen(14) days prior to construction,
securely post a sign at each ingress to the project area, clearly visible from the right-of-way,
providing project construction details.
HE Findings, Conclusions and Decision SUB-04-08 Page 16
6. The TESC structures (such as filter fence, silt ponds, silt traps) are to be installed prior to
the start of site work and maintained throughout the duration of construction, and until the site
has stabilized.
7. 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.
8. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed Washington State Professional Engineer/Land Surveyor. All
work is subject to inspection by the City Senior Engineer or by his/her staff.
9. 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.
10. The Department of Ecology requires that a Construction Stormwater Permit be obtained if
both of the following conditions apply:
A. The construction project disturbs one (1) or more acres of land (the 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/
WASHINGTON STATE DEPARTMENT OF ECOLOGY:
11. The applicant is encouraged to salvage, reuse and recycle as much of the demolition
waste as possible. Otherwise the demolition waste must be disposed of at a permitted solid
waste facility.
12. The applicant is encouraged to use construction products containing recycled and non-
toxic materials whenever possible, to reuse and recycle all leftover construction materials, and
reduce waste generated and practice "Green Building"principles in all aspects of the project.
13. To limit use and exposure to toxic chemicals, the applicant should use integrated pest
management (IPM) tools to control problem insects, molds and weeds. Please see
www.ecy.wa.gov/programs/swfa/upest for information on IPM in schools and residential
environments.
14. Landscaping should incorporate waste prevention measures and the use of organic
materials. Water needs are reduced by use of drought tolerant plantings, compost material,
mulch and drip irrigation. Pesticide and herbicide use is eliminated or reduced by use of pest
HE Findings, Conclusions and Decision SUB-04-08 Page 17
resistant and native plantings. Compost is also an effective soil amendment. Chipped woody
debris can be used to mulch ornamental beds, suppress weeds, retain moisture, control erosion,
and provide a base for pathways. It is recommended using organic debris generated on-site if
possible for landscaping.
DATED this 20`x' day of April, 2009
CITY HEARING EXAMINER PRO TEM
Michael C. Dempsey, WSI3A�
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 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.
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 April
20,2009. The date of issuance of the Hearing Examiner's decision is therefore
April 23,2009. THE APPEAL CLOSING DATE IS MAY 14, 2009.
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 Leslie Busch 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 8:30 a.m. and 5:00 p.m. After 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 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-04-08 Page 18