REZ-19-07 SUB-06-07 I
CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Rezone from the R-3 District to the R-4 )
District, and Preliminary Plat of ) FINDINGS OF FACT,
Summerset Estates; ) CONCLUSIONS OF LAW,
Applicant: LewRad Development, LLC ) AND DECISION
File No. REZ-19-07/SUB-06-07 )
L SUMMARY OF DECISION
Hearing Matter: Combined application for a rezone, from the R-3 district to the R-4 district; and for
a preliminary plat.
Summary of Decision: (1) Deny revised application submitted on December 20, 2007 to rezone the
site to the R-4 district of the UDC, and for a preliminary plat to divide the site into 30 lots. (2)
Approve the original application submitted on September 24, 2007, to rezone the south 4.06 acres of
the site to the UR-7* zone of the City Interim Zoning Code, for the sole purpose of developing the
subdivision originally proposed for such acreage; and approve the original preliminary plat submitted
on September 24, 2007, to divide the south 4.06 acres of the site into 20 lots, under the UR-7* zone
and the City Interim Subdivision Ordinance. (3)Alternatively approve a modified preliminary plat that
is designed substantially the same as the original preliminary plat on the south 4.06 acres, with a
maximum of 20 lots and developed under the UR-7* zone and the City Interim Subdivision Ordinance;
that has a maximum of five (5) lots on the north 1.04 acres of the site, and is developed under the R-3
district and the subdivision requirements of the UDC; and that has a substantially similar road design to
the preliminary plat map submitted on December 20, 2007.
The underlying zoning of the site shall remain Single-Family Residential (R-3). The original or
modified preliminary plat will expire on June 6, 2013.
H. FINDINGS OF FACT
1. The application seeks approval of a rezone, from the Single-Family Residential(R-3) District to
the Single-Family Residential Urban(R-4) district, of the City Uniform Development Code (UDC), on
5.1 acres of land; and a preliminary plat, to divide such acreage into 30 lots for single-family dwellings
under the R-4 district.
2. The site is located at the northeast corner of Flora Road and Boone Avenue; and is situated in the
NW 1/ of the NW 1/4 of Section 18, Township 25 N, Range 45 EWM of Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 55182.0813 and
55182.0912; and is addressed at 1312 N. Flora Road and 1212 N. Flora Road, Spokane Valley.
4. The applicant, and the site owner, is LewRad Development, LLC, do Tim Lewis; with a
mailing address of 12402 N. Division Street, Suite 244, Spokane, WA 99218-1930.
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 1
5. On September 24, 2007, the applicant submitted an application to rezone 4.06 acres of the site,
consisting of parcel no. 55182.0912, from the Urban Residential-3.5 (UR-3.5) zone to the Urban
Residential-7* (UR-7*) zone, under the Spokane Valley Interim Zoning Code; and a preliminary plat
to divide such land into 20 lots for single-family dwellings. The application became complete on
October 3, 2007.
6. On October 28, 2007, the City expanded and re-codified its Uniform Development Code (UDC),
as part of Titles 17-24 of the Spokane Valley Municipal Code (SVMC). The new UDC replaced the
City Interim Zoning Code, Interim Subdivision Ordinance, City Phase I Development Regulations, and
other City development regulations in place at the time. The City also adopted new zoning maps
throughout the city, to implement the new zones in the UDC.
7. On November 29, 2007, the City Planning Division notified the applicant that it did not consider
the rezone portion of the application to be "vested" under the City Interim Zoning Code and City
Phase I Development Regulations, due to the adoption of the new UDC; and would have to
recommend denial of the proposed rezone.
8. On December 14, 2007, the City Planning Division advised the applicant that the property could
likely be rezoned from the R-3 district to the R-4 district. See letter dated 12-14-07 from Karen
Kendall to Tim Lewis.
I " 9. On December 20, 2007, the applicant submitted a revised application to rezone 5.1 acres of land,
which included the original site of 4.06 acres plus an adjacent 1.04-acre parcel of land(parcel no.
55182.0813) later acquired by the applicant, from the R-3 district to the R-4 district; and a preliminary
plat, to divide such combined acreage into 30 lots for single-family dwellings.
10. On February 15, 2008, the applicant submitted a revised preliminary plat map, which is the
preliminary plat map of record for the revised application("application")
11. On February 22, 2008, the City Planning Division issued a Determination of Nonsignificance
(DNS) for the application. The DNS was not appealed.
12. On April 10, 2008, the Hearing Examiner conducted a public hearing on the application. The
notice requirements for the public hearing were met.
13. The following persons testified at the public hearing:
Karen Kendall, Assistant Planner Greg McCormick, Planning Manager
Spokane Valley Community Development Dept. Spokane Valley Community Dev. Dept.
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Tim Lewis
12402 N. Division, Suite 244
Spokane, WA 99218
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14. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
Municipal Code (including UDC), Interim.Zoning Code, Interim Phase I Development Regulations,
Interim Application Review Procedures for Project Permits, Standards for Road and Sewer
Construction, and Guidelines for Stormwater Management; other applicable development regulations;
and prior land use decisions in the vicinity.
15. 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 Hearing
Examiner.
16. The record also includes the email from Janice Austin to Karen Kendall submitted on April 10,
2008, at 8:57 a.m.; the letter received from Central Valley School District on April 10, 2008; and the
post hearing correspondence regarding such documents.
17. The site is 5.1 acres in size; and ranges from relatively flat to rolling in topography. A maximum
slope of approximately 20% is found in a small area along the middle of the east boundary. The
remainder of the site has a maximum slope of approximately 10%.
18. A single-family residence is located in the northwest corner of the site. The property is vegetated
with scattered deciduous and evergreen trees, shrubs, grass and pasture.
19. The preliminary plat map illustrates a total of 30 lots for single-family dwellings, ranging from
6,000 square feet to 8,540 square feet in size. The preliminary plat has a density(net) of
approximately 6.5 dwelling units per acre.
20. The map illustrates a proposed public road, Sharp Avenue, extending through the site from the
east border to Flora Road; and a proposed private road, Sinto Lane, connecting to Flora Road, and
terminating short of the east border of the site.
21. The land lying west of Flora Road, south of Mission Avenue; and the land lying north of Mission
Avenue, west of a point lying 600 feet west of Flora Road; is designated in the Mixed Use category of
the Comprehensive Plan.
22. On October 28, 2007, the zoning of the above land was reclassified from the Light Industrial(I-
2) zone of the City Interim Zoning Code to the Mixed Use Center(MUC) district of the UDC. Such
land generally consists of single-family homes and undeveloped land, on parcels ranging from one-half
(1/2) acre to several acres in size.
23. Several acres of land located approximately 1,000 feet west of the site, along the south side of
Mission Avenue west of Long Road, are designated in the Public/Quasi-Public category of the
Comprehensive Plan. Such land is zoned Community Facilities (CF), and is being reserved for
development of a new public elementary school.
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24. The City owns 6.8 acres of land located adjacent to the above school site, at the northwest corner
of the intersection of Boone Avenue and Long Road; which are zoned R-3, and planned for a future
City park.
25. The other land in the area, and the site, are designated in the Low Density Residential category of
the Comprehensive Plan. The land lying north of the site, to some distance north of Mission.Avenue;
and 8.7 acres of land lying directly east of the site, with frontage along Boone Avenue, are zoned R-4.
26. The land in the area that is not zoned R-4, MUC or CF, as described above, is zoned R-3. Such
land was reclassified to the R-3 district of the UDC, from the UR-3.5 zone of the City Interim Zoning
Code, on October 28, 2007. Such UR-3.5 zoning was initially established under the Spokane County
Zoning Code in 1991; and was extended by the City in 2003, when the City incorporated and adopted
the County Zoning Code by reference, as the City Interim Zoning Code, and adopted the County
zoning maps for the land in the incorporated area by reference.
27. In 2004, the Hearing Examiner approved an application to rezone 3.67 acres of land lying
directly north of the site, south of Mission Avenue, from the UR-3.5 zone to the UR-7* zone, under
the City Interim Zoning Code; and for the preliminary plat of Flora Estates, to divide such land into 18
lots for single-family dwellings, at a density(net) of 5.76 dwelling units per acre. See decision in File
No. REZ-11-04/SUB-08-04.
28. The final plat of Flora Estates was subsequently approved for 17 lots at a density (net) of 5.4
dwelling units per acre; and is developed with single-family homes.
29. On February 15, 2007, the Hearing Examiner approved an application to rezone 2.63 acres of
land located north of the site, at the northeast corner of Flora Road and Mission Avenue, from the UR-
3.5 zone to the UR-7* zone, under the City Interim Zoning Code; and for the preliminary plat of Flora
Ridge, to divide such land into 12 lots for single-family dwellings, at a density(net) of 4.86 dwelling
units per acre. See decision in File No. REZ-16-06/SUB-03-06.
30. On March 8, 2007, the Hearing Examiner approved an application to rezone 8.7 acres of land
lying directly east of the site, fronting along Boone Avenue, from the UR-3.5 zone to the UR-7* zone, 3
under the City Interim Zoning Code; and for the preliminary plat of Valley Coach Estates, to divide
such land into 18 lots for single-family dwellings and 20 divided duplex lots. The development would
provide a total of 38 dwelling units, at a density(net) of 5.2 dwelling units per acre. See decision in
File No. REZ-16-06/SUB-03-06.
31. The City Council subsequently revised the Hearing Examiner's decision for the Valley Coach
Estates project; by eliminating a condition of approval that required the extension of a partial right of
way for Maxwell Avenue to Maxwell Avenue, in the adjacent Flora Estates project. This occurred
through an appeal submitted by Janice Austin, who owns and resides on the land lying between
Mission Avenue and the westerly portion of the Valley Coach Estates project.
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 4
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32. A final plat map submitted for the Valley Coach Estates project on March 31, 2008, which has
not yet been approved, eliminates the partial right of way for Maxwell Avenue; consistent with the City
Council's revision of the Hearing Examiner's decision, See Exhibit 18,
33. On October 28, 2007, the land in the Flora Estates, Flora Ridge and Valley Coach Estates
projects was reclassified from the UR-3.5 zone of the City Interim Zoning Code to the R-4 district of
the UDC.
34. The lots in the Kiken-Guthrie subdivision located a short distance northeast of the site, a few lots
located along the north side of Boone Avenue to the southeast, and some scattered lots located along
the south side of Mission Avenue to the northeast are of urban in size and improved with single-family
dwellings.
35. The land lying south of Boone Avenue in the vicinity generally consists of single-family homes on
a mixture of urban, suburban and acreage lots. A railroad line is located south of Boone Avenue.
36. The land lying north of Mission Avenue, east of Flora Road, in the vicinity, to some distance
north of Baldwin Avenue, has substantially been developed with single-family homes, at densities
ranging from 4-6 dwelling units per acre; in various final plats approved over the past few years. The
plats are subject to development under the UR-7* zone, based on the date complete applications were
submitted for preliminary plat approval. See County Assessor map for Section 7; and Hearing
Examiner decisions in File Nos. PE-1921-03/PUDE-5-03, SUB-05-04, SUB-12-04, SUB-01-05 and
SUB-03-05.
37. The other land in the area generally consists of single-family homes on acreage parcels; along
with a few urban-sized lots im p roved with single-family dwellings. Urban residential dential subdivisions
are
found east of Barker Road in the area, between Mission Avenue and the Spokane River.
38. A wide range of commercial uses is found along Broadway Avenue, east of Sullivan Road,
approximately one (1) mile driving distance southwest of the site; along Sullivan Road, north and south
of Broadway Avenue; and along Sprague Avenue and Appleway Avenue, a few miles to the south.
39. Some commercial uses are also located along Indiana Avenue, east of Sullivan Road; and
approximately one (1) mile driving distance to the southeast, near the Interstate 90/Barker Road
freeway interchange.
40. The Spokane River meanders through the area; and is located approximately one-half(1/2) mile
west of the site, and over (1/2) mile north of the site. The Spokane Centennial Trail, a regional public
trail system, borders the south side of the river in the area.
41. The City Arterial Road Plan, set forth in the Comprehensive Plan, designates Flora Road south of
Mission Avenue, and Mission Avenue, as proposed Minor Arterials; and Flora Road north of Mission
Avenue as a Collector Arterial.
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 5
42. The City Arterial Road Plan designates Long Road and Montgomery Avenue as proposed
Collector Arterials; Broadway Avenue, and Flora Road south of Broadway, as Minor Arterials; and
Barker Road as a proposed Principal Arterial.
43. Boone Avenue is unpaved in the area. Mission Avenue is unpaved west of Flora Road, and
terminates to the west at the Spokane River.
44. Indiana Avenue extends east of Sullivan Road for some distance, and lies approximately one-
third(1/3) mile southeast of the intersection of Flora Road and Mission Avenue. Indiana Avenue may
be extended to the intersection of Flora Road and Mission Avenue in the future.
45. Flora Road crosses over the Interstate-90 freeway to the south, but does not have direct access
to the freeway at such location. Public sewer, water and transit are available in Mission Avenue and
Flora Road. The intersection of Barker Road and Mission Avenue was recently signalized.
46. The Interstate 90/Barker Road interchange lies approximately one (1) mile driving distance
southeast of the site, via Mission Avenue and Barker Road. The Interstate-90/Sullivan Road
interchange is located approximately 1.5 miles driving distance west of the site.
47. Janice Austin expressed opposition to the current project based on excessive housing density and
small lot sizes; spot zoning, and the failure of the rezone application to meet the rezone requirements
of the UDC; the recent reclassification of the zoning of the site to the R-3 district, and lack of
justification to rezone the site to the R-4 district; the need for larger parcels in the area, to balance the
approval of higher density housing adjacent to the site; excessive road connections in the project to
Flora Road, which increase traffic congestion, worsening traffic safety and air pollution along Flora
Road; inadequate intersection distance between proposed Sharp Avenue in the preliminary plat and
Boone Avenue, and between proposed Sharp Avenue and proposed Sinto Lane; allowing driveway
access to Boone Avenue by the lots proposed along the south boundary of the preliminary plat; and the
erroneous illustration on the preliminary plat map of the partial right of way for Maxwell Avenue in the
Valley Coach Estates project.
48. Mary Pollard, who resides some distance north of the site along Baldwin Avenue, east of Flora
Road; and who chairs the North Greenacres neighborhood group; expressed opposition to the
t:.
proposed rezone based on impact to school capacity, and increased taxes in area that will be required
to maintain the new public roads necessitated by the project.
49. Mary Pollard re q uested that if the project was approved; Boone Avenue be oiled between Flora
Road and Long Road, water be applied to exposed land in order to reduce dust impacts, diesel
emissions from construction vehicles be controlled during site development, any embankments created
along property boundaries be supported by retaining walls, pending new regional stormwater standards
be applied to the project, any grade changes to abutting roads not adversely impact private property, a
continuous sidewalk be considered along Flora Road from Boone Avenue south to the nearby
overpass, proper flagging be used during the rerouting of traffic, voluntary light mitigation be
provided, non-motorized pathways be planned with consistent road im p rovements along Flora Road;
road improvements done by the City and area developments be coordinated; water lines be replaced in
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 6
any existing roadways that are improved; and sidewalk, curb and gutter be installed along Boone
Avenue along the frontage of the preliminary plat.
50. Central Valley School District submitted comments indicating that it may not have room for the
future students in the project, for homes occupied after the fall of 2008; and requested the City to
postpone approval of any homes that would be completed after such time frame until additional school
facilities are available, or to condition preliminary plat approval on the applicant paying a per dwelling
unit fee equal to the district's "eligibility for school impact fees".
51. The Low Density Residential category of the Comprehensive Plan embraces single-family
residential densities ranging from 1-6 dwelling units per acre, with the majority of such designation
providing for densities ranging from 4-6 dwelling units per acre. The R-1, R-2, R-3 and R-4 districts
of the UDC are intended to implement such category.
52. Policies LUP-1.1 and NP-2.1 of the Comprehensive Plan recommend that the character of
existing and future residential neighborhoods be maintained and protected through the development
and enforcement of the City's land use regulations and joint planning.
53. Policy LUP-1.7 recommends the zone changes be allowed within the Low Density Residential
category of the Comprehensive Plan only when specific criteria are met; substantial changes within the
zone change areas, clear mapping errors, adequate facilities and services are available, and consistency
with densities in the vicinity of the zone change.
54. Policy LUG-15.1 of the Comprehensive Plan recommends that archaeological and historic sites
be continually identified and evaluated to determine which should be preserved. Policy LUP-15.3
recommends that relations with Native American tribes be established and maintained for the
preservation of archaeological sites and traditional cultural properties.
55. Policies LUP-1.4 and LUP-2.3 of the Comprehensive Plan encourage the development of
transportation routes and facilities to serve residential neighborhoods; with special attention given to
pedestrian circulation, biking and transit uses.
56. Policy LUP-16.1 of the Comprehensive Plan encourages new developments to be arranged in a
pattern of connecting streets and blocks to allow people to get around easily by foot, bicycle and car.
Policy LUP-16.3 of the Comprehensive Plan recommends that adequate emergency evacuation routes
be required prior to approving new development.
57. Policy TP-2.1 of the Comprehensive Plan recommends that street designs complement adjacent
development. Policy TP-2.2 discourages private roads as a principal means of access to developments.
58. Policy TP-9.8 of the Comprehensive Plan recommends that pedestrian facilities such as sidewalks
be required in all new developments.
59. Policy NEP-20.5 of the Comprehensive Plan recommends that parking lots and streets in new
development be paved, to mitigate adverse impacts on air quality.
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 7
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60. Policy NEP-19.1 of the Comprehensive Plan recommends that the impacts of a development
proposal on surface water quality be considered before development is approved; and indicates that
conditioning proposals may be necessary to protect water quality, manage runoff and address erosion
control and sedimentation.
61. Policy CFP-8.2 of the Comprehensive Plan recommends that the adequacy of school facilities be
considered when reviewing new residential development.
62. Policy CF-9.1 of the Comprehensive Plan recommends a concurrency management system for
transportation, sewer and water facilities.
63. The Staff Report cited other relevant policies of the Comprehensive Plan; and found the
application, as conditioned, to be consistent with the Comprehensive Plan and applicable development
regulations.
64. The application is subject to transportation concur rency review under the provisions of the UDC.
See Section 22.20.020 of UDC, and definition of"project permit" in UDC. City Engineering certified
that the application met transportation concurrency. Such determination represents that the project, at
the time of build-out, will not cause the level of service of area intersections to fall below acceptable
levels as established in the Comprehensive Plan.
65. The applicant submitted a trip generation and distribution letter to City Engineering on December
20, 2007, prepared by a qualified traffic engineering consultant. The analysis found that the project
would likely cause a traffic increase of less than 3% along both Barker Road and Flora Road, and even
smaller traffic rate increases along Mission Avenue and Broadway Avenue; and reasonably concluded
that the project would have little measurable impact on the local transportation system. The analysis
does not anticipate traffic from the project using Boone Avenue east of the site.
66. City Engineering conditions of approval for the project require the applicant to improve Flora
Road along the frontage of the site to a Minor Arterial roadway section; including the installation of
additional asphalt, curb, gutter, sidewalk and swale. The sidewalk would connect to the sidewalk
installed along Flora Road north of the site, in the Flora Estates final plat. See testimony of Karen
Kendall.
67. City Engineering conditions of approval require the applicant to make frontage improvements
along Boone Avenue, a Local Access street. This includes the installation of 27 feet of asphalt, curb,
gutter, sidewalk and swale; along with a 2-foot graveled shoulder on the south side of such
improvements. Such condition resolves the concern expressed by the developers of the adjacent Valley
Coach Estates project. See letter dated 1-13-08 from McGuffin.
68. The Hearing Examiner's decision on the Valley Coach Estates project required the developer of
such project to make standard frontage improvements along Boone Avenue, and to pave Boone
Avenue off-site to a width of 24 feet, between such project and Flora Road. See decision in File No.
REZ-16-06/SUB-03-06.
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 8
69. The 2001 County Road Standards for Sewer and Water Construct ion, hereafter referenced as the
"City Road Standards", prohibit direct access by lots in a proposed subdivision to an adjacent Minor
Arterial or Principal.Arterial, but not to an adjacent Collector Arterial or Local Access street.
70. City Engineering conditions prohibit driveway access from the proposed lots to Flora Road, a
Minor Arterial; but not to Boone Avenue, a Local Access street.
71. City Engineering, in its comments submitted on January 22, 2008, advised that the distances
along Flora Road between proposed Sharp Avenue and Boone Avenue, and between proposed Sharp
Avenue and proposed Sinto Lane, are "slightly less" than the 300-foot separation required for
intersections in a subdivision located along a Minor Arterial. Such comments authorized a design
deviation for such deficiencies, under the City Road Standards.
72. Proposed Sharp Avenue is located approximately 278 feet from the intersection of Boone
Avenue and Flora Road, as measured between intersections. This represents a deviation of
approximately 22 feet from the 300-foot separation required by the City Road Standards.
73. Proposed Sinto Lane is located approximately 275 feet from proposed Sharp Avenue, and
approximately 253 feet from the intersection of Maxwell Avenue and Flora Road. This represents
deviations of 25 feet and 47 feet from the intersection separation standard.
74. The City Road Standards authorize City Engineering to approve design deviations from the City
Road Standards, in writing; based upon written evidence from the project sponsor that the deviation
does not conflict with or modify a condition of approval; the deviation is based on sound engineering
practices; and requirements for safety, function, appearance and maintainability are met.
75. The design deviation approved by City Engineering for the proximity of proposed Sharp Avenue
to Boone Avenue appears to have merit; considering that the alignment of Sharp Avenue provides
connectivity to Sharp Avenue located east of the site; the deviation is only about 7%; and Boone
Avenue curves to the south, east of Flora Road.
76. The design deviation approved by City Engineering for the proximity of proposed Sharp Avenue
and proposed Sinto Lane to each other appears to have merit; considering that the deviation is only
8.3%, and Sinto Lane is a private road that will serve a maximum of 12 lots. For similar reasons, a
design deviation to allow proposed Sinto Lane to be located 253 feet from Maxwell Avenue, a
discrepancy of approximately 16%, also appears to have merit.
77. City Engineering conditions of approval require the submittal of a traffic plan for work within the
City right of way, which plan is required to address all utility connections and potential lane closures
anticipated during development of the project.
78. Project opponents did not support their concerns regarding traffic congestion, traffic safety, and
intersection spacing with competent evidence of a traffic engineering. Accordingly, the traffic
engineering judgments and opinions of City Engineering and the applicant's traffic engineer are
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 9
controlling; which establish that the project will not have any significant adverse impact on the City
road system in the area.
79. Spokane County Fire District I (Spokane Valley Fire Department) submitted conditions of
approval regarding the private road in the preliminary plat; which conditions will ensure that parking
does not occur along the private road and impair fire access, and that adequate fire hydrants and fire
flows will be provided for the final plat.
80. The conditions of approval recommended by the Spokane Clean Air Agency adequately address
the concerns raised by Mary Pollard regarding dust emissions from construction traffic and
development of the site. No specific evidence was presented that development of the project would
result in adverse grade changes along Flora Road or Boone Avenue, or adverse embankment impacts
to neighboring properties.
81. The applicant submitted a detailed geotechnical engineering report for the 4.06 acres involved in
the initial application for 20 lots, and a detailed conceptual drainage report for the revised application
for 30 lots.
82. The conceptual drainage report was generally accepted by City Engineering; subject to the
submittal of a detailed final drainage plan, and a temporary erosion and control plan for construction
activities, for review prior to final plat approval; and subject to compliance with the County Guidelines
for Stormwater Management, as adopted by the City. Washington State Department of Ecology
(WDOE) requirements also apply to stormwater disposal in the final plat. See letter dated 1-22-08
from WDOE.
83. The engineering reports submitted by the applicant, and the conditions of approval recommended
by City Engineering and WDOE, ensure that the final plat will make appropriate provision for
stormwater disposal and treatment, erosion and the deposition of sediments.
84. County Utilities certified that public sewer is available to serve the project. Consolidated
Irrigation District#19 certified that public water is available to serve the project at required levels.
85. The conditions of approval recommended by County Utilities and the Spokane Regional Health
District require the final plat to connect to public sewer and water, and ensure that the City's public
sewer and water concurrency requirements set forth in the UDC are met.
86. County Utilities certified that public sewer is available to serve the project; and Vera Water and
Power, and County Fire District 1 certified that public water is available to serve the project at
required levels.
87. Since the UDC does not require direct concurrency for the impacts of new development in the
City on public schools, the Examiner has no authority to condition or deny the project based on the
comments received from the school district or the potential lack of school capacity.
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 10
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88. The Spokane Tribe of Indians indicated that after doing archival research, it found not reported
cultural resources in the vicinity of the site.
89. The City Planning Division staff, in its Staff Report, found that the rezone application complied
with all the site-specific rezone criteria set forth in Section 19.30.030(2) of the UDC.
90. Section 19.30.030(2)(g) of the UDC requires that before a site-specific rezone can be approved,
it must be established that "[circumstances have changed substantially since the establishment of the
current zoning district to warrant the requested map amendment...".
91. The Staff Report stated that the rezone application complied with Section 19.30.030(2)(g) of the
UDC because "...the property located to the north and east have been recently site specific zoned to
UR-7*, the equivalent of R-4 zoning which became effective on October 28, 2007."
92. The City Planning Division and the applicant did not provide any evidence that circumstances
have substantially changed in the area since the zoning of the site was reclassified to the R-3 district on
October 28, 2007.
III. CONCLUSIONS OF LAW
1. Section 19.30.030 of the UDC states that site-specific zoning map amendments (i.e. rezones) are
classified as Type III development applications; but erroneously states that such amendments shall be
processed pursuant to Section 17.80.140 of the UDC.
2. Under the UDC, Type III applications, such as the current application submitted on December
20, 2007 ("revised application") , are processed by the Hearing Examiner. See Section 17.80.030 and
17.80.060 of the UDC. Section 17.80.140 of the UDC applies only to Type IV applications, which are
processed the Planning Commission and the City Council. 1
3. The revised application complies with the rezone criteria set forth in Section 19.30.030(2)(a-f)
and Section 19.30.030(2)(h) of the UDC; as set forth in the Staff Report, and as supported by the
above findings of fact.
4. The revised application does not comply with the rezone criterion set forth in Section
19.30.030(2)(g) of the UDC. The UR-7* zoning of the land located north and east of the site was
established under the City Interim Zoning Code long before the zoning of the site was reclassified to
the R-3 district of the UDC on October 28, 2007; and the reclassification of such adjoining property
from the UR-7* zoning to the R-4 district of the UDC occurred at the same time as, and not since, the
R-3 district was established for the site on October 28, 2007.
r
5. Since the rezone portion of the revised application does not satisfy the requirements for a rezone
L
under the UDC, the preliminary plat portion of the revised application cannot be approved under the
standards of the R-4 district. 6
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 11
6. Pursuant to RCW 58.1.7.033, a preliminary plat application is subject to review under the zoning
and other development regulations in place at the time a complete application for the development is
submitted.
7. In Noble Manor v. Pierce County, 133 Wn. 2d 269, 278 (1997), the State Supreme Court held
that the vesting of an application for a land division under the development regulations in effect at the
time of the application applies to the uses disclosed in the application.
8. Under Washington case law, a complete application for a rezone does not create any vested
rights. See Pine Forest Owners Ass'n v. Okanogan County, 124 Wn. App 1016 (2004); Teed v. King
County, 36 Wn. App. 635 (1984).
9. Under Washington case law, municipalities are free to develop vesting schemes best suited to the
needs of a particular locality; and provide vested rights to development applications not otherwise
applicable under Washington statutes or case law. Erickson &Associates, Inc. v. City of Seattle, et.
al, 123 Wn.2d 864 (1994).
10. The City Interim Application Review Procedures for Project Permits, adopted by reference
pursuant to City Ordinance No. 60, were repealed by amendment of the UDC on October 28, 2007;
but were in effect when the original application was submitted as complete on September 24, 2007, for
the development of 20 lots on 4.06 acres.
11. Section 13.300.110 of the City Interim Application Review Procedures for Project Permits
provided that the development regulations in effect on the date a complete application is submitted and
fees are paid will be the standard of review, absent statute or ordinance provisions to the contrary.
12. Under Section 13.300.110 of the City Application Review Procedures for Project Permits, and
the principles of the Noble Manor case, the rezone portion of the initial application was subject to
review as a proposed rezone from the UR-3.5 zone to the UR-7* zone, under the expired City Interim
Zoning Code and City Phase I Development Regulations. The preliminary plat portion of the original
application, which is contingent on *
pp approval of such rezone, was subject to review under the UR-7
g pp � subject
City Interim Zoning Code, Interim Subdivision Ordinance, and other development regulations in
place on September 24, 2007.
13. The revised preliminary plat map, submitted on February 15, 2008, proposes 24 lots on the 4.06
acres involved in the initial application. The lots range from 6,000 square feet to 8,486 square feet in
size, which complies with the minimum lot size of 6,000 square feet in the UR-7* zone. The lots have
frontages that range from 50-70 feet in size, with only two (2) lots exceeding the minimum lot frontage
of 65 feet required in the UR-7* zone.
14. The revised preliminary plat map indicates the area encompassed by roads in the preliminary plat
to be approximately .37 acres, which provides a net acreage of 3.69 acres. This yields a density(net)
of approximately 6.5 dwelling units per acre, which exceeds the maximum density (net) permitted in
the UR-7* zone of 6.0 dwelling units per acre.
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 12
I
15. The original preliminary plat map submitted on September 24, 2007 illustrates division of the
original site of 4.06 acres into 20 lots; ranging from 6,939 square feet in size to 9,602 square feet in
size, having minimum frontages of at least 60 feet; and being at a density (net) of 5,65 dwelling units
per acre. Such design complies with the development standards of the UR-7* zone, as set forth above.
16. The road design in the 4.06-acre area illustrated on the original preliminary plat map is
substantially similar to that illustrated in such area on the revised preliminary plat map; with proposed
Sharp Avenue aligned with Sharp Avenue east of the site, and intersecting Flora Road. A private road
is illustrated in the north end of the original preliminary plat, connecting westerly to Flora Road;
whereas the private road in the current project is located along the common boundary between the two
parcels making up the site.
17. The revised preliminary plat map illustrates a total of six(6) lots in the 1.04-acre that is not part
of original preliminary plat proposed by the applicant. This includes five (5) lots ranging from 6,000
square feet to 6.120 square feet in size, each approximately 51 feet wide; and one (1) lot of 8,540
square feet, with a width of 70 feet, for an existing residence. All six(6) lots have a depth of 117.52
feet.
18. The R-3 district, which applies to such 1.04-acre area, establishes a minimum lot size of 7,500
square feet, a minimum lot width of 65 feet and a minimum lot depth of 90 feet. Only one (1) of the
lots proposed in the 1.04-acre area meets all such standards of the R-3 district.
19. The 1.04-acre parcel making up a part of the site has sufficient size and dimensions to
accommodate five (5) lots for single-family dwellings that meet the development standards of the R-3
district.
20. Section 14.402.020(1) of the City Interim Zoning Code, construed together with Sections
14.402.100 and 14.402.120, authorized the approval of a site-specific rezone if it was consistent with
the Comprehensive Plan, and is not detrimental to the public welfare.
21. Washington case law generally 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.
22. The UR-7* zone initially proposed for the 4.06-acre parcel making up a part of the site
implemented the Low Density Residential category of the Comprehensive Plan. The density(net) of
the original preliminary plat proposed for such parcel, at 5.65 dwelling units per acre, implemented the
Low Density Residential category of the Comprehensive Plan.
23. The UR-7* zone, and preliminary plat, originally proposed for the 4.06-acre parcel is consistent
with other relevant policies of the Comprehensive Plan.
c--
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 13
24. The UR-7* zone initially proposed for the 4,06-acre parcel is supported by a substantial change
of circumstances in the area since the previous LIR-3.5 zoning of such parcel was established. This
includes the rezones approved to the UR-7* zone north and east of the site, which occurred well after
the UR-3.5 zoning was established for the 4.06-acre parcel; the preliminary plats approved for such
adjacent and neighboring land; and the approval and development of the Flora Estates final plat located
to the north.
25. The procedural requirements of the State Environmental Policy Act and the City Environmental
Ordinance have been met.
26. Approval of the original preliminary plat proposed for the 4.06-acre parcel that makes up part of
the site is appropriate; under the UR-7* zone of the County Interim Zoning Code, the City Interim
Subdivision Ordinance, and other development regulations in place when the application for the
original preliminary plat was submitted on September 24, 2007.
27. Approval of a modified preliminary plat is also appropriate, that includes a plat design for the
4.06-acre parcel that is substantially similar to the original preliminary plat map submitted for such
parcel, and complies with the UR-7* zone and City Interim Subdivision Ordinance; includes up to five
(5) lots on the 1.04-acre parcel that makes up the other part of the site, subject to compliance with the
existing R-3 district and other relevant provisions of the UDC; and has a road design similar to the
revised preliminary plat submitted on February 15, 2008. This would allow Sinto Lane to be
reconfigured to serve the lots in both portions of the modified preliminary plat.
28. The original application for a proposed zone reclassification to the UR-7* zone, generally
Y
conforms to the Comprehensive Plan; and also complies with the City Interim Zoning Code, the City
Phase I Development Regulations, and other applicable development regulations in place at the time
the application was submitted on September 24, 2007.
29. The original preliminary plat for the 4.06 acre parcel, as well as the modified preliminary plat for
the entire site described above, will serve the public use and interest; and make appropriate provision
for the public health, safety and general welfare.
30. The original preliminary plat for the 4.06 acre parcel, the modified preliminary plat for the entire
site described above, and the associated dedication therefore, make appropriate provision for open
spaces, roads, drainage ways, schools and school grounds, playgrounds, parks and recreation,
sidewalks for children who walk only to school, non-motorized transportation, sanitary wastes, potable
water supplies, easements, utilities, planning features, and all other relevant facts as specified in RCW
58.17.110, the City Interim Subdivision Ordinance and the subdivision requirements of the UDC, as
applicable.
31. The original preliminary plat for the 4.06 acre parcel meets the general design requirements
specified in Section 12.400.122 of the City Interim Subdivision Ordinance, and other relevant
requirements for the approval of preliminary plats listed in Chapter 12.400 of such ordinance.
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 14
J
32. The portion of the modified preliminary plat that would be authorized in the 1.04-acre area, as
conditioned, complies with the subdivision requirements of the UDC, and other relevant requirements
of the UDC; and be consistent with the Comprehensive Plan.
Based on the above findings of fact, the Hearing Examiner enters the following:
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the following decision is rendered:
1. The revised application for a rezone of the 5.1-acre site to the Single-family Residential
• Urban(R-4) district of the City Uniform Development Code (UDC), and for a preliminary plat to
divide the site into a total of 30 lots for single-family dwellings, submitted on December 20, 2007, is
hereby denied.
2. The original application to rezone the 4.06-acre portion of the site (parcel no. 55182.0912)
to the Urban Residential-7* (UR-7*) zone of the City Interim Zoning Code, submitted on September
24,2007, is hereby approved; for the sole purpose of allowing the 4.06-acre portion of the site to be
platted generally as illustrated on the original preliminary plat map submitted on September 24, 2007.
The underlying zoning of 5.1-acre site shall remain in the Single-family Residential(R-3) district.
3. The original application for a preliminary plat, to divide the 4.06-acre portion of the site
(parcel no. 55182.0912) into 20 lots for single-family dwellings, submitted on September 24, 2007, is
hereby approved; subject to being developed under the UR-7* zone, the City Interim Subdivision
Ordinance, and the conditions of approval set forth below.
4. Alternatively, a revised preliminary plat is hereby approved that includes a plat design for
the 4.06-acre parcel that is substantially similar to the original preliminary plat map submitted for such
parcel, and complies with the UR-7* zone and City Interim Subdivision Ordinance; that includes up to
five(5) lots on the 1.04-acre portion of the site (parcel no. 55182.0813), complies with the R-3 district
of the UDC, the subdivision requirements of the UDC, and other relevant provisions of the UDC;has a
road design that is substantially similar to the current preliminary plat submitted on February 15, 2008;
and that complies with the conditions of approval set forth 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.
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 15
Conditions of Approval.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT PLANNING
DIVISION:
A. General conditions:
1. The final plat shall have a maximum of twenty (20) lots for single-family dwellings on parcel
no. 55182.0912 (consisting of 4.06 acres), and a maximum of five (5) lots for single-family
dwellings on parcel no. 55182.0813 (consisting of 1.04 acres).
2. The portion of the final plat located on parcel no. 55182.0912 shall comply with the
provisions of the UR-7*zone, other relevant provisions of the City Interim Zoning Code, and the City
Interim Subdivision Ordinance.
3. The portion of the final plat located on parcel no. 55182.0813 shall comply with the R-3
district, and other relevant provisions of the Spokane County Valley Municipal Code (Uniform
Development Code).
4. The preliminary plat, consisting of either the original preliminary plat submitted for parcel
no. 55182.0912 on September 24, 2007, or the modified preliminary plat for the entire 5.1-acre site
described in the decision above, shall not be substantially modified, unless a preliminary plat
modification is approved pursuant to Section 20.50 (Preliminary Plat, Short Plat, and Binding Site
Plan Alterations) of the City of Spokane Valley Municipal Code (SVMC).
5. Pursuant to Section 20.30.050 (Expiration of Preliminary Approval) of the SVMC, the
preliminary plat, as modified, shall automatically expire on June 6, 2013, and become null and void;
unless a time extension for preliminary plat approval is timely submitted by the applicant and approved
by the Director.
i4
6. Pursuant to Section 20.30.060 (Extensions of Time) of the SVMC, an application form and
supporting data for a time extension request must be submitted to the Director at least thirty (30)
calendar days prior to the expiration of preliminary plat approval.
7. Pursuant to Section 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.
TIE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 16
B. Prior to final plat application or in association with final plat application submittal, the applicant
or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT -PLANNING
DIVISION:
1. Submit a final plat that complies with all the requirements specified in UR-7* zone of the
City Interim Zone, the City Interim Zoning Code and the City Interim Subdivision Ordinance,for
the portion located on parcel no. 55182.0912; and that complies with all the requirements of the R-
i 3 district, and Sections 20.20.090 and Chapter 20.40 of the SVMC,for the portion located on parcel
no. 55182.0813.
2. Submit a final plat containing the following note on the face of the plat: "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 UR-7* zone,,for the
southerly 4.06 acres of the final plat, and for the R-4 zoning district,for the northerly 1.04 acres of
the final plat, or successor zoning designations to the extent permitted by Washington State law in
effect at the time of building permit application." [note: lot numbers may be substituted for the
acreage designations]
3. Permits shall be obtained and completed to demolish or move the existing residence and
detached structure located on parcel no. 55182.0813.
4. An amended SEPA checklist will be required to be submitted with an engineered grading
permit addressing specific questions relating to section B.1.a-h. As an advisory, all activity must
follow the Section 24.50 (Excavation, Fill and Grading) of the SVMC.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT — DEVELOPMENT
ENGINEERING
5. A Professional Engineer, licensed in the State of Washington, shall submit final street and
drainage plans and a drainage report including calculations that conform to the 2001 Edition of the
Spokane County Standards for Road and Sewer Construction(or as amended), the 1998 Spokane
County Guidelines for Stormwater management (or as amended), Spokane Valley Ordinance 05-013
(or as amended) and all other Federal, State and Local regulations.
rF°
6. Frontage improvements are required on Boone Avenue. Boone Avenue is designated as a Local
Access street. Frontage improvements include 15 feet of asphalt width from road centerline, Type B
curb and gutter (2 feet), 10 foot roadside swale, and a 5 foot sidewalk. The total width of
improvements is 32 feet. Right-of-way width for above improvements is 25 feet. A border easement,
which extends from the right-of-way to back of sidewalk, of 7 feet is required. This shall be designated
on the final plat language and map. Applicant to confirm right-of-way location and width(s). Note -
r
The building setback begins at the edge of the border easement.
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 17
7. Frontage improvements are required on the south half(street) of Boone Avenue which is a
graveled travel way. Frontage improvements include, 12 feet of asphalt width from road centerline and
a two foot graveled shoulder.
8. Frontage improvements are required on Flora Road. Flora Road is designated as a Minor
Arterial. Frontage improvements include 23 feet of asphalt width from road centerline, Type B curb
and gutter(2 feet), 10 foot roadside swale, and a 5 foot sidewalk. The total width of improvements is
40 feet. The current right-of-way is 60 feet, V2 of the right-of-way being 30 feet. A border easement,
which extends from the right-of-way to back of sidewalk, of 10 feet is required. This shall be
designated on the final plat language and map.
9. Flora Road is a Minor Arterial. No driveway access is allowed from the proposed lots to Flora
Road per Section 1.03.7 of the Spokane County Standards for Roads and Sewer Construction, as
adopted by the City of Spokane Valley.
10. A concrete approach will be required where Sinto Lane intersects Flora Road.
11. Sharp Avenue shall be designated and designed as a public street. This street is to be
composed of 30 feet of asphalt width and, on each side, Type B curb and gutter (2 feet), 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—the building setback begins at the edge of the border. The
right-of-way and border easements shall continue to the plat boundary and a cul-de-sac or hammerhead
provided at the end of the street. Sharp Avenue shall be aligned to join into the future through street
planned in the adjacent plat to the east. The applicant shall confirm the street location and alignment
with the final plat approved in File No. SUB-03-06 (Valley Coach Estates).
12. Right-of-way dedication and border easements must be designated on the final plat map.
13. If applicable, the project proponent shall submit written evidence of the formation of a
■
Homeowners Association(HOA) to perpetually operate and maintain on-site private facilities. E
r
14. The project proponent is responsible for arranging for all necessary utility adjustments,
relocations, or improvements as required for completion of the project. The developer needs to I-
I
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 can be found in the 2001 Spokane County Road and Sewer Standards, or as
amended.
15. For the installation of utilities in the Spokane Valley roadway system, the civil plans shall show
the extent of pavement removal and replacement; a cross section which shows existing lane width and
replacement lane width, pavement thickness, top course thickness, cross slope; profiles showing
centerline, right and left edge of pavements including grades and changes in elevation from existing,
g g p g g g g, 1
and how the replaced roadway ties into existing.
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 18
16. A traffic control plan will be required for work within the right-of-way. The plan shall be p art
of the civil submittal and shall address all utility connections and potential lane closures anticipated for
construction of this project.
17. A Temporary Erosion and Sedimentations Control (TESC) plan, prepared by a Washington.
State licensed Professional Engineer, must be prepared and submitted with the site construction plans
and will cover all construction activities for the improvements proposed in these plans. The TESC plan
is to follow 1998 Spokane County Guidelines for Stormwater Management.
18. 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,g ywells, which receive public road stormwater
runoff, are to be sent to Development Engineering. The City of Spokane Valley NPDES Permit
Number is WAR04-6507.
SPOKANE COUNTY FIRE DISTRICT NO. 1
19. Roads less than 26 feet wide shall be posted on both sides as "No Parking." Roads 26 to 32
feet wide shall be posted on one side "No Parking—Fire Lane."
20. Two (2) new fire hydrants need to be installed at the following locations:
a. Southeast corner of Sharp Avenue and Flora Road
b. Northeast corner of Sinto Lane and Flora Road
Hydrants shall stand plumb. The traffic breakaway flange is to be 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.
All hydrants shall have a minimum of three outlets, one 4 1/2 inch inside diameter pumper outlet and r.
two 21/2 inside diameter outlets. Threads on all outlets shall be National Standard Thread(NST).
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 apparatus while pumping, as
determined by the local fire protection authority.
21. Provide a water plan showing location of required hydrant and size of water main.
ti
BE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 19
SPOKANE COUNTY DIVISION OF UTILITIES
22. 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."
23. 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.
24. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization of
the project.
25. 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.
26. Security will be submitted to the Division of Utilities prior to approval of the Sewer Design
Plans.
27. 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
28. The final plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
29. 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.
30. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
31. Water service shall be coordinated through the Director of Utilities, Spokane County.
32. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
33. 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.
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 20
34. 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.
35. 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.
36. A public sewer system will be made available for the plat and individual service will provide to
each lot prior to sale. Use of individual on-site sewage disposal systems shall not be authorized.
37. A statement shall be placed in the dedication to the effect that: "A public sewer system will be
made available for the plat and individual service will be provided to each lot prior to sale. Use of
individual on-site sewage disposal systems shall not be authorized."
38. The dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
39. The final plat dedication shall contain the following statement: "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."
C. Prior to or during on-site construction the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT — DEVELOPMENT
ENGINEERING
1. 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.
2. For construction affecting public right-of-way- fourteen(14) days prior to construction, securely
post a sign at each ingress to the project area that is clearly visible from the right-of-way providing
project construction details.
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 21
i
3. Permits are required for any access to or work within the right-of-way of the Spokane Valley
roadway system.
4. NOTICE—The Regional Pavement Cut Policy(County Standards, Technical Reference F) may
prevent or limit pavement cuts in the adjacent street(s). There is a three-year moratorium on pavement
cuts for newly paved streets. Please contact the City right-of-way inspector at(509)688-0053 for
further information.
5. 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.
SPOKANE COUNTY CLEAN AIR AGENCY
6. 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.
7. 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.
8. Debris generated as a result of this project shall be disposed of by means other than burning.
9. If objectionable odors result from this project, effective control apparatus and measures shall be
taken to reduce odors to a minimum.
10. Special attention shall be given to proper maintenance of diesel powered construction equipment
to reduce the impact of diesel exhaust, a suspended carcinogen.
11. A Notice of Construction and Application for Approval shall be submitted and approved by
I=
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 heating equipment units
rated at 4 MMBTU/hr or higher (input), and heating equipment units fired with other fuels (e.g. diesel)
rated at 1 MMBTU/hr (input) or higher. Contact SCAPCA for a Notice of Application. v
12. 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.
HE Findings, Conclusions and Decision REZ-19-07/SUB-06-07 Page 22
DATED this 6th day of June, 2008
CITY HEARING EXAMINER PRO 'ITEM
Apr .-
Michael C. Dempsey, WSBA #8235
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 17.90 of the Spokane Valley Municipal.Code (SVMC), which is part
of the City of Spokane Valley Uniform Development Code (UDC), the decision of the Hearing
Examiner on an application for a site specific zoning map amendment is final and conclusive
unless within fourteen (14) calendar days from the Examiner's written decision, a party with
standing under SVMC Chapter 17.90 files an appeal of the decision with the City Council of the
City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, Suite 106, Spokane Valley,
Washington; in accordance with all the requirements of Chapter 17.90 of the UDC.
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 UDC, on June 6, 2008.
THE APPEAL CLOSING DATE IS JUNE 20, 2008.
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 Christina Janssen 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-19-07/SUB-06-07 Page 23