SUB-02-08 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for the Preliminary Plat of Bolivar )
Dozen, in the R-3 Zoning District; ) FINDINGS OF FACT,
Applicant: Lots N Land, LLC ) CONCLUSIONS OF LAW,
File No. SUB-02-08 ) AND DECISION
I. SUMMARY OF DECISION
Hearing Matter: Application for a preliminary plat, in the R-3 zoning district.
Summary of Decision: Approve preliminary plat, subject to revised conditions. The
preliminary plat will expire on November 14, 2013, unless a request for an extension of time is
timely submitted at least 30 days prior to such expiration date.
II. FINDINGS OF FACT,
Procedural Background
1. The application seeks approval of the preliminary plat of Bolivar Dozen,to subdivide a 3.0-
acre parcel of land into 12 lots for single-family dwellings; in the Single-family Residential
Urban(R-3)zoning district of the City Uniform Development Code (UDC).
2. The site is located along the south side of 12th Avenue, approximately 485 feet east of the
intersection of Evergreen Road and 12th Avenue, and approximately 50 feet east of the north end
of Bolivar Road; in Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45233.1931, and is
legally described on the preliminary plat map of record.
4. The applicant, and the site owner, is Lots N Land, LLC; c/o Daniel Rennick, 122 N.
Raymond Court, Spokane Valley, WA 99206.
5. On June 9, 2008, the applicant submitted a complete application for the preliminary plat.
6. On July 11, 2008, the Spokane Valley Department of Community Development issued a
Determination of Nonsignificance (DNS) for the application. The DNS was not appealed.
7. On September 25, 2008,the Hearing Examiner held a public hearing on the application.
The Examiner conducted site visit on September 25, 2008,prior to the hearing.
HE Findings, Conclusions and Decision SUB-02-08 Page 1
8. The following persons testified at the public hearing:
Christina Janssen,Assistant Planner Greg McCormick
City Planning Division City Planning Division
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Stanley Schultz Zak Sargent, USKH
Attorney at Law, 621 W. Mallon
425 S. Alpine Drive Spokane, WA 99201
Liberty Lake, WA 99019
Joe Gilbert
18909 N. Dartford Road
Colbert, WA 99005
9. The Hearing Examiner heard the application pursuant to Chapter 18.20 of the Spokane
Valley Municipal Code (SVMC), and the City Hearing Examiner Rules of Procedure.
Items in Record
10. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
Municipal Code, Uniform Development Code, City Standards for Road and Sewer Construction;
and 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.
Description of Site,Preliminary Plat
12. The site is approximately 3.0 acres in size, irregular in shape, relatively flat in topography,
and undeveloped. Various types of fencing, and some trees, border the site.
13. The preliminary plat map submitted on June 9, 2008 illustrates 12 single-family lots; which
are shown to range in size from 9,148 square feet to 16,089 square feet in size.
14. The map shows the boundaries of Lot 1, and Lots 4-12, of the preliminary plat extending to
the centerline of the private road in the preliminary plat, instead of the edge of the private road.
This is reflected in the area calculations for such lots.
15. The private road includes a turnaround in the south end of the preliminary plat, and dead-
ends inside the site.
HE Findings, Conclusions and Decision SUB-02-08 Page 2
Land Use Designations for Site and Neighboring Properties, Surrounding Conditions
16. The site and nearby land are designated in the Low Density Residential category of the City
Comprehensive Plan, and zoned R-3.
17. Neighboring land uses are as described in the Staff Report, and are generally dominated by
single-family homes.
18. The City Arterial Road Plan designates Evergreen Road as a Minor Arterial, and considers
12th Avenue to be a Local Access street.
Concerns expressed regarding Preliminary Plat
19. The only public comment submitted regarding the application was in the form of an email
from Laurette Gerber, who resides south of the site along Bolivar Road, between 15th and 16th
Avenues. Gerber wanted to know if the preliminary plat would connect to Bolivar Road, or
dead-end before reaching such road. See email from Laurette Gerber, dated June 24, 2008.
20. The applicant requested that City Engineering condition#7, on page 8 of the Staff Report,
be amended to allow the applicant to apply for a design deviation; considering the City right of
way along 12th Avenue is too narrow adjacent to the private road to allow construction of a
sidewalk.
21. The applicant objected to City Engineering condition#9, on page 9 of the Staff Report; on
the basis that the applicant had already provided a trip distribution letter for the project.
22. The Hearing Examiner expressed concerns,prior to and at the public hearing, regarding the
preliminary plat map including the private road within lot boundaries, and the calculation of lot
area and setbacks under the UDC based on such factor. See email dated 9-22-08 from Mike
Dempsey to Christina Janssen.
Applicable Policies of Comprehensive Plan
23. The Staff Report contains a thorough analysis of the consistency of the application with
applicable policies of the Comprehensive Plan, and found the application to be consistent with
such policies.
24. The Examiner adopts and concurs in such analysis; except as supplemented below
regarding the letter from Central Valley School District dated September 18, 2008.
Compliance with R-3 District and Subdivision Requirements of UDC
25. Words and terms used in the UDC are defined in Appendix A of the UDC. Appendix A
states that words not defined therein shall be construed as defined in Webster's New Collegiate
Dictionary.
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26. The UDC defines "lot"as: "An undivided tract or parcel of land having frontage on a
public street and designated as a distinct tract. "
27. The UDC defines "lot area" as: "The area of a horizontal plane intercepted by the vertical
projections of the front, side, and rear lot lines of a building lot."
28. The UDC defines "lot line, front", in relevant part, as: "The boundary of a building lot that
is the line of an existing or dedicated street...". [emphasis added]. Such definition implies that
the lot front line is located at the edge of the street, not the centerline of the street.
29. The UDC defines "front yard", in relevant part, as: "An area extending across the full
width of a lot and lying in between the front lot line and building setback line... "
30. The UDC defines "building setback line"as: "A line established as the minimum distance
a structure may be located from any property line or border easement. "
31. The UDC defines"frontage", in pertinent part, as: "The full length of a plot of land or a
building measured alongside the road onto which the plot or building fronts..."
32. The UDC does not define the term"street"; but defines "roadway" as: "The paved or
improved portion of a street/road, designed or ordinarily used for vehicular travel including
shoulders, auxiliary lanes, curbs, sidewalks, etc.
33. Merriam Webster's Collegiate Dictionary(9th Edition), which can accessed without fee
online, defines "street", in pertinent part, as"...a thoroughfare especially in a city, town or
village that is wider than an alley or lane and that usually includes sidewalks... "; "...the part of
a street reserved for vehicles...."; or"...a thoroughfare with abutting property. "
34. The minimum front yard and flanking street yard setback in all the residential zoning
districts of the UDC, except the R-1 zone, is 15 feet for structures; except for a garage with a
door facing the street, which has a minimum setback of 20 feet in such zoning districts.
35. The City Road Standards require a minimum width of 20-28 feet for a private road,
depending on the number of lots served by the private road; and also generally require a
minimum 10-foot wide maintenance and utility easement on each side of the private roadway.
See Section 3.22 of City Road Standards.
36. It appears doubtful that the UDC intended that the"lot line, front"in a residential
development be measured at the centerline of the private road. This requires the minimum front
yard or flanking street yard setback to be measured from the centerline of the private road; and
potentially allows a residence without an attached garage to be placed one (1) foot from the edge
of the private road, and a residence with an attached garage to be placed six (6) feet from the
edge of the private road. This would also provide substantial inconsistency between front yard
and flanking yard setbacks for residences located along private roads compared to residences
located along public roads, for no apparent planning or engineering reason.
HE Findings,Conclusions and Decision SUB-02-08 Page 4
37. The City Planning Division advised that the Director of the City Community Development
Department previously issued an administrative determination that the building setback line be
measured from the edge of the private road; but that the City Planning Division had in the past
allowed lot area to be measured from the centerline of the road. See testimony of Greg
McCormick.
38. The City Road Standards define a"private road"to mean a"...privately owned vehicular
access route serving more than three lots,parcels or tracts which do not have frontage on a
public right of way...." See Section 1.02 of Road Standards.
39. The Examiner takes notice that City Engineering allows a private street in a subdivision or
short subdivision to either be set aside as a platted street, in separate ownership; or as a private
easement within individual "lots". Platting the private street as an easement avoids having to
create a separate entity, usually a homeowner's association, which the Examiner takes notice is
often desirable to the developers of short plats and small plats.
40. Considering some ambiguity in the definition of"lot",the "lots" in the preliminary plat
should be allowed to run to the centerline of the private street; but individual lot areas and
setbacks should be measured from the edge of the private street. This calculation of area and
setbacks is not required for the private driveway easements in the preliminary plat, which are not
private streets.
41. If the portions of the private road easement fronting the abutting lots in the preliminary plat
are excluded from lot area and lot depth, each abutting lot in the preliminary plat will still easily
meet the minimum lot area, and minimum lot depth required in the R-3 zone.
42. The Staff Report did not analyze the consistency of the preliminary plat with the lot
arrangement requirements for new subdivisions set forth in Section 20.20.090(2) of the UDC,
although the preliminary plat generally appears to comply with such requirements.
Traffic Concurrency,Provisions for Roads
43. Section 20.20.090(3) of the UDC recommends that block dimensions for new subdivisions
reflect due regard for the needs of convenient access,public safety, connectivity, emergency
vehicle access, topography, road maintenance, and the provision of suitable sites for the land use
planned.
44. Section 20.20.090(3) of the UDC requires that street alignments be designed and
constructed with appropriate consideration for existing and planned roads, anticipated traffic
patterns,topographic and drainage conditions,public safety, and the proposed use of the lots in
the subdivision.
45. Section 1.03 of the 2001 County Standards for Road and Sewer Construction, as adopted by
the City(hereinafter referenced as "City Road Standards"), addresses the design of road systems
for new developments, and recommends the provision of adequate vehicular and pedestrian
access to all parcels of land, minimizing through traffic movements and excessive speeds on
HE Findings, Conclusions and Decision SUB-02-08 Page 5
local access streets, logical street patterns, minimizing vehicular and pedestrian-vehicular
conflict points, considering traffic generators in designing a street system in a proposed
development, and considering bordering arterial routes.
46. The City Road Standards also establish standards for the construction of new access roads,
and the reconstruction of existing access roads; and give the City Engineer discretion in
prescribing the actual roadway section required based on a number of factors, and to approve
design deviations in appropriate circumstances. See Road Standards, Chapter 3.
47. The City Road Standards require the construction of curb, gutter and separated sidewalk
along the public road frontage of new developments within urban land use zones.
48. The City Engineering conditions of approval are consistent with the above requirements.
49. City Engineering issued a certificate of transportation concurrency for the current
application, and found there were no traffic concerns regarding the project.
50. The City Planning Division did not object to the changes to City Engineering conditions
requested by the applicant
Sewer and Water Concurrency;Provisions for Parks and Schools
51. The UDC requires direct concurrency only for public sewer,public water and
transportation. Direct concurrency is not required for schools,parks, police, fire or other items of
public infrastructure and services.
52. County Utilities certified that public sewer is available to serve the project, and advised that
public sewer is currently being extended to the area. Vera Water and Power, and County Fire
District 1, certified that public water is available to serve the project at required levels.
53. The conditions of approval recommended by the Spokane Regional Health District and
County Utilities require the preliminary plat to be served with public sewer and water. The
proposal meets the public sewer and water concurrency requirements of the UDC.
54. Central Valley School submitted comments indicating that it could not guarantee room for
the future students in the project at the current time; 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".
55. 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 SUB-02-08 Page 6
Cultural Resources
56. The Spokane Tribe of Indians requested that if any artifacts or human remains are found
during excavation, construction on the site cease and that the tribe be notified.
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Drainage Impacts
$ 57. The environmental checklist submitted by the applicant indicates that the stormwater
generated by the project will be treated and discharged using biofiltration swales ands drywells,
in accordance with the Spokane Regional Stormwater Manual. City Engineering conditions of
approval require compliance with the above manual, and the submittal of drainage plans that
conform to the manual.
58. The above measures ensure that the uses in the project, adjoining land uses, and the
Spokane Aquifer will not be adversely affected by the changes in drainage resulting from the
project; and establish compliance with the drainage requirements set forth in Chapter 22.150 of
the UDC.
Other Considerations
59. The design, shape, size and orientation of lots in the preliminary plat are appropriate for the
proposed use of such lots, and the zoning and land use classification identified in the Low
Density Residential category of the Comprehensive Plan. See Section 20.20.090 of UDC.
0
60. Except as indicated above, no public agencies objected to the project or its environmental
impacts.
61. The preliminary plat has been conditioned for compliance with the R-3 district,the UDC,
and other applicable development regulations. The Staff Report found that the application was
consistent with the Comprehensive Plan, and complied with the UDC and other applicable
development regulations.
Based on the above findings of fact,the Hearing Examiner enters the following:
CONCLUSIONS OF LAW
1. The final plat of the project should be allowed to plat lots to the centerline of the private
road; provided the lot front line for such lots is considered to be the edge of the private road, and
minimum building setbacks, lot depth, lot frontages and lot area are calculated based on the lot
front line be considered the edge of the private road and not the centerline.
2. City Engineering condition#s 6 and 9 should be revised as requested by the applicant.
3. Pursuant to RCW 36.70B.030, the Hearing Examiner cannot question the number of lots,
lot sizes, lot frontages, lot configuration, or proposed land uses in the preliminary plat; as long as
they comply with the development standards of the R-3 zoning district and the SVMC.
HE Findings, Conclusions and Decision SUB-02-08 Page 7
4. The preliminary plat complies with the concurrency requirements set forth in Chapter 21.20
(Concurrency) of the SVMC.
5. The preliminary plat, subject to the conclusions above, and as conditioned, complies with
the R-3 district, zoning, subdivision and other requirements for land development set forth in the
SVMC; and with other applicable development code provisions.
6. The preliminary plat and dedication, as conditioned, conform to the City Comprehensive
Plan and will serve the public use and interest.
7. The preliminary plat and dedication, as conditioned, make appropriate provision for the
public health, safety and general welfare; for all other requirements found to be necessary and
appropriate and for which written standards and policies have been adopted; and for open spaces,
streets, alleys, drainage ways, schools and school grounds,playgrounds, parks and recreation,
sidewalks and other planning features for children who only walk to and from school, noise and
dust emissions, sanitary wastes and sewer,public potable water supplies, easements, utilities,
critical areas, and all other relevant facts as specified in RCW 58.17.110 and Section 20.20.100
of the UDC.
8. The procedural requirements of the State Environmental Policy Act and Title 21
(Environmental Controls) of the SVMC have been met.
9. Minor changes are needed to the conditions of approval, for formatting and clarification
purposes.
10. Approval of the preliminary plat application, as conditioned, is appropriate under Title 20
(Subdivision Regulations) of the SVMC and RCW Chapter 58.17.
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.
HE Findings, Conclusions and Decision SUB-02-08 Page 8
Conditions of Approval:
A. General conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The applicant shall be deemed to include the owner and developer of the site, and their
successors in interest.
2. The final plat shall be designed in substantial conformance to the preliminary plat map
of record submitted on June 9, 2008, and have a maximum of twelve (12) 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 SVMC.
3. The lots in the final plat adjacent to the private road may extend to the centerline of the
private street easement that abuts such lots. However, the lot front line for such lots shall be
measured from the edge of the private road;for the purpose of calculating minimum building
setbacks, lot area, lot frontage and lot depth. This shall be indicated on the final plat.
4. Pursuant to Section 20.30.060 (Extensions of Time) of the SVMC, an application form
and supporting data for time extension requests must be submitted to the Director at least thirty
1 (30) calendar days prior to the expiration of the preliminary plat approval.
5. 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.
6. Pursuant to Section 20.30.050 (Expiration of Preliminary Approval) of the SVMC, the
preliminary plat approval in File No. SUB-02-08 (Bolivar Dozen) shall automatically expire on
November 14, 2013, unless a time extension is approved for the project. If a request for an
extension of time is not submitted and approved, the preliminary approval expires and the plat is
null and void.
B. Prior to final plat application, or in conjunction with the submittal of a proposed final plat,
the applicant shall comply with the following requirements:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-
PLANNING DIVISION:
1. The final plat shall comply with all submittal requirements specified in Section 20.40 of
the SVMC.
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2. The final plat dedication shall state: "All lots within this plat shall comply with the
building setback requirements, maximum building height standard, maximum lot coverage
standard and other applicable lot development standards for the R-3 zoning district or successor
zoning designation to the extent permitted by Washington law in effect at the time of building
permit application."
3. If current estimates for grading and fill change by more than 100 cubic yards, additional
information may be required to supplement the existing environmental checklist. As an advisory,
all activity must follow the Section 24.50 (Excavation, Fill, and Grading) of the SVMC.
4. Pursuant to Chapter 19.40.020(B) (Residential Standards) of the SVMC, all residential
driveways and off-street parking areas shall be paved with asphalt, Portland cement, grasscrete,
paver blocks or other equivalent hard surface material.
5. Pursuant to Chapter 20.20.090(G) of the SVMC, prior to the filing of the final short
subdivision, subdivision or binding site plan application, 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.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT — DEVELOPMENT
ENGINEERING DIVISION:
6. Final street and drainage plans described below shall be prepared by a Professional
Engineer, licensed in the State of Washington. Plans shall conform to the Spokane County
Standards for Road and Sewer Construction, 2001 Edition (or as amended), the 2008 Spokane
Regional Stormwater Manual(or as amended), the City of Spokane Valley Uniform Development
Code and all other federal, state and local regulations, as applicable.
7. Frontage improvements are required on 12th Avenue which is a Local Access street
located in an Urban Residential zone. 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. Current right-of-way is 40 feet, %2 of the
right-of-way being 20 feet. The minimum 1/2 right-of-way width, which is to 2 feet behind the
curb, is 19 feet. A border easement which extends from the right-of-way to back of sidewalk, of
12 feet is required. Improvements shall assume that the center of the street coincides with the
center right-of-way location and width(s). Note: Building setbacks begin at the edge of border
easement. Centerline location and right-of-way and border easement locations, widths and
dedications shall be determined by the design engineer and designated on the construction plans
and final plat map. The applicant may apply for a design deviation regarding such requirements,
as discussed at the public hearing.
8. In accordance with Section 19.40.020 (Residential Standards) of the SVMC, all
residential driveways and off-street parking areas shall be paved with asphalt, Portland cement,
Grasscrete,paver blocks or other equivalent hard surface materials.
HE Findings, Conclusions and Decision SUB-02-08 Page 10
9. Deleted.
10. The internal street layout shall be coordinated with Development Engineering. Where
permitted,private streets shall have an"Urban Driveway— Separated Sidewalk"approach or a
"Cement Concrete Approach", as applicable, where they connect to public streets. Private streets
shall terminate a minimum 5 feet from plat boundary and shall provide adequate Fire Department
turnaround.
11. The applicant is required to provide street name signs, stop signs, pavement markings,
and all other necessary permanent traffic control measures for all newly created streets. Signs
locations shall be shown on the civil plans. Sign installation shall be completed prior to
acceptance of the Construction Certification Package.
12. With the initial submittal of final design plans, an Operations and Maintenance Manual
for the street and/or stormwater system shall be submitted. This manual shall include a
discussion of the design life of the various components, recommended repair and maintenance
schedules, calculated annual costs for repair and maintenance, and calculated replacement costs
for each component of the system(s). The manual shall specify the recommended individual
monthly homeowner financial assessment to accomplish the identified maintenance and
replacement tasks.
13. A thorough search for all survey monuments shall be conducted. Any found monuments
shall be referenced on the plat and civil plans.
14. All utility easements shall be shown on the 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. Clear zone requirements can be found in the
Spokane County Standards for Road and Sewer Construction, 2001 edition (or as amended).
15. If the installation or alteration of utilities requires work in the City of Spokane Valley
roadway system, the applicant shall submit civil plans showing: the extent of pavement removal
and replacement; cross sections showing existing and replacement lane widths, pavement
thickness,to course thickness and cross slope; and profiles showing centerline, right and left
edges of pavement, grades, changes in elevation from exiting, and how the replaced roadway ties
in the existing(tapers, etc.).
16. A Temporary Erosion and Sedimentations Control (TESC)plan,prepared by a
Professional Engineer licensed in the State of Washington, shall be submitted with the site
construction plans. The TESC plan shall cover all construction activities and follow the Spokane
Regional Stormwater Manual(or as amended).
17. 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
HE Findings, Conclusions and Decision SUB-02-08 Page 11
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.
SPOKANE COUNTY DIVISION OF UTILITIES:
18. 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."
19. Easements shall be clearly delineated and labeled on the face of the plat as Public
Sanitary Sewer and the dedication shall state: "Public Sanitary Sewer easements platted and
shown hereon shall be perpetual easements granted to Spokane County, its' successors and
assigns 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
including gravel access road. Spokane County, it's 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 construction, 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."
20. 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.
21. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the project.
22. 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.
23. Security shall be submitted to the Division of Utilities prior to approval of the Sewer
Design Plans.
HE Findings,Conclusions and Decision SUB-02-08 Page 12
24. 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:
25. The final plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
26 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.
27. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
28. Water service shall be coordinated through the Director of Utilities, Spokane County.
29. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
30. 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.
31. 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.
rr 32. The purveyor shall 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.
33. A public sewer system shall 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.
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34. 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."
35. The final plat dedication shall state: "Use of private wells and water systems is
prohibited."
36. 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 (SPOKANE VALLEY FIRE DEPARTMENT):
37. Provide details regarding access to proposed Lots 2 and 3, and show detailed driveway
plan showing turning radius and width. The private driveway shall meet current driveway
standards (i.e. minimum 20-foot driving surface and 28-feet turning radius). Private driveways
longer than 150 feet require a fire department turnaround(see IFC 2006 Appendix D).
38. Addresses shall be posted at the entrance of private drive so that they are visible from
Bolivar Lane during and after construction. Numbers shall be a minimum of 4 inches tall and
contrasting to background.
39. The private roads shall be designated as "Lanes". The east side of Bolivar Lane and its
turnaround shall be posted as "No Parking-Fire Lane."
AVISTA UTILITIES:
40. Submit a final plat specifying the following note on the face of the final plat: "`Dry'
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 "dry"facilities;fiber optics, cable,phone, natural gas and electric. The rights granted
herein shall prohibit: 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; 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. "
VERA WATER AND POWER:
41. A formal water plan is required.
HE Findings,Conclusions and Decision SUB-02-08 Page 14
42. All references to "dry" shall be removed from the utility easements.
43. A utility easement shall be provided for Lots 2 and 3.
44. The final plat dedication shall include Vera's street lighting language.
C. Prior to or during on-site construction,the applicant shall comply with the following
requirements:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT — DEVELOPMENT
ENGINEERING DIVISION:
1. A pre-construction conference with Development Engineering is required prior to the
start of construction. During this meeting, standards and submittal requirements for the
Construction Certification will be given to the project engineer/inspector.
2. Right-of-way construction permits are required for any access to or work within the City of
Spokane Valley public roadway system.
3. For construction affecting public right-of-way, a sign shall be posed fourteen(14) days prior
to construction, providing project details. The sign shall be posted at each ingress to the project
area and be clearly visible from the public right-of-way.
4. 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. Twelfth Avenue was recently paved in 2007.
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.
6. All survey monuments shall be protected during construction. Any disturbed or damaged
monuments shall be replaced prior to certification/final plat.
7. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a Professional Engineer/Land Surveyor, licensed in the State of
Washington. All work is subject to inspection by the City Engineer or by his/her staff.
8. Upon completion of the frontage improvements, a Construction Certification Package is
required for the improvements, and shall be submitted and approved prior to releasing the
performance surety.
HE Findings, Conclusions and Decision SUB-02-08 Page 15
SPOKANE REGIONAL CLEAN AIR AGENCY:
9. 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.
10. 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.
11. Debris generated as a result of this project shall be disposed of by means other than
burning.
12. If objectionable odors result from this project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
13. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
14. A Notice of Construction and Application for Approval shall be submitted and approved
by SCAPCA prior to the construction, installation, or establishment of an air pollution source.
This includes emergency generators rated at 500 hp (375 kW) or higher, natural gas 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.
15. 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.
D. The submitted final plat shall meet the following requirements:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT — DEVELOPMENT
ENGINEERING DIVISION:
1. Show all existing and required easements (i.e. utility easements [telephone, power, etc.];
tract"x" easements; open space easements or other).
2. Show existing rights-of-way and border easements, and required rights-of-way and border
easement dedications.
3. Plat language will be determined at the time of final plat submittal. Contact Development
Engineering prior to first submittal of final plat to obtain plat language.
HE Findings,Conclusions and Decision SUB-02-08 Page 16
4. Prior to final plat approval, the applicant or successors in interest shall submit written
evidence of the formation of a Homeowner's Association(IIOA) to perpetually operate and
maintain the onsite private street(s)and/or other facilities, including but not limited to
stormwater systems and their respective components, and any other improvements that may be
legally required in the future.
5. 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.
DATED this 14th day of November, 2008
CITY HEARING EXAMINER PRO TEM
tx,(/
Michael C. Dempsey, WSBA 81;5)/
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 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 chapter 36.70C
RCW. Pursuant to chapter 36.70C RCW,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 UDC, on
November 14,2008. The date of issuance of the Hearing Examiner's decision is therefore
November 17,2008. THE APPEAL CLOSING DATE IS DECEMBER 8,2008.
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 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-02-08 Page 17