REZ-24-06 SUB-06-06 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Zone Reclassification from the Urban )
Residential-3.5 (UR-3.5)Zone to the Urban )
Residential-7* (UR-7*) Zone, and ) FINDINGS OF FACT,
Preliminary Plat of Rau Subdivision; ) CONCLUSIONS OF LAW,
Applicant: Burton Rau ) AND DECISION
File No. REZ-24-06/SUB-06-06 )
)
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone from the UR-3.5 zone to the UR-7* zone, and for a
preliminary plat.
Summary of Decision: Approve application, subject to conditions of approval. The preliminary
plat will expire on February 26, 2012. An application to request an extension of time for the
preliminary plat must be submitted at least 30 days prior to the expiration date.
H. FINDINGS OF FACT
1. The application seeks approval of a zone reclassification from the Urban Residential-3.5
(UR-3.5) zone to the Urban Residential-7* (UR-7*) zone, on approximately 2.85 acres of land;
and approval of the preliminary plat of Rau Subdivision to divide such acreage into eleven(11)
lots for single-family dwellings.
2. The site is located between Valleyway Avenue and the unimproved right of way for Alki
Avenue, at the easterly terminus of Olive Avenue. The property is situated in the SW 1/4 of
Section 15, Township 25 North, Range 45 East, Willamette Meridian, in Spokane County,
Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45153.1801, and is
legally described on the preliminary plat map of record. The existing residence on the site is
addressed at 12615 E. Valleyway, Spokane Valley, Washington.
4. The applicant is Burton Rau, 34 W. 34th Avenue, Spokane, Washington, 99203. The site
owner is Burton Rau and Karen Hayden-Rau, at the same address.
5. On July 26, 2006, the applicant submitted complete application for the proposal to the City
Community Development Department-Planning Division("City Planning Division) in the above
file.
6. On November 24, 2006, the City Planning Division issued a Determination of
Nonsignificance (DNS) for the proposal. The DNS was not appealed.
HE Findings, Conclusions and Decision REZ-24-06/SUB-06-06 Page 1
7. On January 11, 2007, the Hearing Examiner conducted a public hearing on the proposal.
The notice requirements for the public hearing were met. The Examiner conducted a site visit on
January 11, 2007, prior to the public hearing.
8. The Hearing Examiner heard the proposal pursuant to Chapter 10.35 of the Spokane Valley
Municipal Code (SVMC), and the City Hearing Examiner Rules of Procedure.
9. The following persons testified at the public hearing:
Mike Basinger, Associate Planner Burton Rau
Spokane Valley Planning Division 34 W. 34th Avenue
11707 E. Sprague Avenue, Suite 106 Spokane, WA 99203
Spokane Valley, WA 99206
Patrick Johns
12621 E. Valleyway
Spokane Valley, WA 99216
10. At the conclusion of the public hearing, the Hearing Examiner requested the applicant to
submit a revised preliminary plat map that met the submission requirements set forth in Section
12.400.106(2) of the City Interim Subdivision Ordinance.
11. On January 23, 2007, the applicant submitted a revised preliminary plat map to the City
Planning Division; which represents the preliminary plat map of record.
12. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
Interim Zoning Code and official zoning maps, Interim Subdivision Ordinance, Standards for
Road and Sewer Construction, Guidelines for Stormwater Management, and Municipal Code;
other applicable development regulations; and prior land use decisions in the vicinity.
13. The record includes the documents in File No. REZ-24-06/SUB-06-06 at the time of the
public hearing, the documents and testimony submitted at the public hearing, the revised
preliminary plat map submitted on January 23, 2007, and the items taken notice of by the Hearing
Examiner.
14. The site is approximately 2.85 acres in size, and is relatively flat in topography. The south
end of the property is improved with a single-family dwelling and detached garage, which access
Valleyway Avenue. The south end of the site contains residential landscaping, including lawn,
shrubs, several deciduous trees and scattered evergreen trees. The remainder of the site is
covered with native grasses and weeds.
15. The preliminary plat map illustrates division of the site into 11 lots; including one (1) lot of
approximately 13,700 square feet for the existing residence, 10 lots for single-family dwellings
HE Findings, Conclusions and Decision REZ-24-06/SUB-06-06 Page 2
ranging from approximately 7,250 to 10,500 square feet in size, and an average lot size of
approximately 8,500 feet. The density(net) of the preliminary plat is 5.12 dwelling units per acre.
16. The preliminary plat map illustrates an internal public road system that connects to Olive
Avenue to the west and the right of way for Alki Avenue to the north. The two (2) lots located
along the north border of the site, including the lot for the existing residence, would directly
access Valleyway Avenue. The map indicates that the detached garage on the site will be
removed.
17. The original preliminary plat map submitted with the application differs from the preliminary
plat map of record by illustrating the extension of a 20-foot wide stub road, for emergency/fire
access, to the east boundary of the site; and a proposed barricade at the north end of the proposed
internal road that extends to Alki Avenue.
18. Effective January 1, 1991, Spokane County reclassified the zoning of the site and other
nearby land to the Urban Residential-3.5 (UR-3.5) zone, pursuant to the Program to Implement
the Spokane County Zoning Code.
19. In the same zoning action, the County reclassified the zoning of the land located one (1)
block northeast of the site, at the northerly corners of the intersection of Alki Avenue and Virginia
Road, to the Urban Residential-7 (UR-7) zone for the development of single-family dwellings; and
reclassified the zoning of several parcels of land located one (1) block west of the site, west of
Collins Road, to the Urban Residential-22 (UR-22) zone, for multi-family development.
20. In 1992, the County approved a rezone of 4.6 acres of land located directly north of the site,
across Alki Avenue, from the UR-3.5 zone to the UR-7 zone; and a preliminary plat to divide
such land into 33 lots for single-family dwellings. See decision in File No. PE-1647-92/ZE-4-92.
Such land was final platted in 1992 as Willow Crest Addition; for a total of 28 lots, at a density
(net) of approximately seven(7) units per acre.
21. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA) boundaries and Phase I Development Regulations; pursuant to the
State Growth Management Act. The County Phase I Development Regulations designated the
site and neighboring land in the UGA.
22. The County Comprehensive Plan designated the site and nearby land in the Low Density
Residential category. The County Phase I Development Regulations retained the zoning of the
site and neighboring land.
23. On March 31, 2003, the City of Spokane Valley was incorporated, which included the site
and neighboring land. On the same date, the City adopted by reference, as City land use controls,
the County's Comprehensive Plan, Zoning Code, Phase I Development Regulations and various
other County development regulations; with certain revisions not pertinent to the current
proposal.
HE Findings, Conclusions and Decision REZ-24-06/SUB-06-06 Page 3
24. The City Interim Comprehensive Plan and City Phase I Development Regulations,
respectively, retained the comprehensive plan designations and zone classifications imposed by the
County Comprehensive Plan and County Phase I Development Regulations for the site and
neighboring land. The site is located in the Aquifer Sensitive Area(ASA) Overlay zone of the
City Zoning Code.
25. On May 10, 2006, the City implemented a new Comprehensive Plan, pursuant to City
Ordinance No. 06-010. The City Phase I Development Regulations were updated to implement
the new Comprehensive Plan, pursuant to City Ordinance No. 06-011.
26. The City Comprehensive Plan designates the site, and neighboring land zoned UR-3.5 or
UR-7, in the Low Density Residential category; designates the land zoned UR-22 to the west in
the High Density Residential category; and designates the land located along Pines Road to the
west in the Office category.
27. Neighboring land uses generally consist of single-family homes on parcels of various sizes;
except for three (3) duplexes located west of the site along Collins Road, and the multi-family
development in the UR-22 zones located to the west.
28. The City Arterial Road Plan designates Valleyway Avenue as an Urban Collector Arterial,
and designates Sprague Avenue and Broadway Avenue in the area as Urban Principal Arterials.
Pines Road(State Route No. 27) is a 5-lane state highway in the area. Sprague Avenue and Pines
Road comprise major commercial corridors in the area.
29. The right of way for Alki Avenue is unimproved and closed to public travel along the
frontage of the site, and east to a point lying one(1) lot east of the site. Concrete barricades are
located at each end of the closed area of the right of way. Alki Avenue is paved east and west of
the barricades.
30. Patrick Johns owns a 1.4-acre parcel that borders the entire site on the east, which is
improved with a single-family dwellings and a number of outbuildings. Johns objected to the size
of the proposed lot located in the southeast corner of the preliminary plat, near the residence on
Johns' parcel. Johns also requested that the applicant improve Alki Avenue, allow public road
access to the north end of Johns' parcel through the site, or provide for the vacation of Alki
Avenue; in order to enable Johns to develop the north end of his property.
31. Norman Staley, the owner of a single-family dwelling located across the right of way for
Alki Avenue from the site, objected to dust impacts along the unimproved portion of Alki
Avenue, and requested that the applicant be required to pave such unimproved portion.
32. The City Phase I Development Regulations require all zone reclassifications to be consistent
with the implementing zones specified in such regulations for the Comprehensive Plan
designations that apply to the subject property. The implementing zones for the Low Density
Residential category, in which the site is designated, are the UR-3.5 and UR-7 zones.
HE Findings, Conclusions and Decision REZ-24-06/SUB-06-06 Page 4
33. The UR-7 zone is intended to add to the variety of housing types and densities in urban
areas, and to provide standards for the orderly development of residential property in a manner
that provides a desirable living environment that is compatible with surrounding land uses and
assures the protection of property values. The UR-7 zone permits the development of single-
family homes, duplexes, multi-family dwellings and certain other uses.
34. The City Phase I Development Regulations limit new residential development on land
rezoned to the UR-7 to a maximum density of six(6) dwelling units per acre. Such zoning is
referred to by the City as the "UR-7*"zone. The UR-7 zone otherwise permits a density of seven
(7) dwelling units per acre. The minimum lot area and minimum frontage in the UR-7 zone for a
single-family dwelling are respectively 6,000 square feet and 65 feet.
p5
35. The UR-7 zone requires the installation of a 6-foot high sight-obscuring fence, wall or solid
landscaping along the border of any UR-7 zone that abuts private land zoned UR-3.5. Such
buffering would be required along the east and west boundaries of the site.
36. The Staff Report sets forth relevant policies of the Comprehensive Plan. The policy most
relevant to the proposed rezone is Policy LUP-1.7. Such policy states that zone changes should
be allowed within the Low Density Residential category of the Comprehensive Plan when specific
criteria are met; which may include substantial changes within the area of the rezone site, the
availability of adequate facilities and public services, and consistency with residential densities in
the vicinity of the rezone site. The proposed rezone implements such policy.
37. 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. The proposal
is consistent with new urban housing approved or developed adjacent to or near the site.
38. 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. Policy TP-9.8 recommends that pedestrian
facilities such as sidewalks be required in all new developments.
39. 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 TP-2.1 recommends that street designs complement adjacent development.
40. Policy LUP-16.3 of the Comprehensive Plan recommends that adequate emergency
evacuation routes be required prior to approving new development.
41. Policy CFP-4.6 of the Comprehensive Plan recommends that new development connect to
public sewer and water.
BE Findings, Conclusions and Decision REZ-24-06/SUB-06-06 Page 5
42. Policy CFP-2.1 of the Capital Facilities chapter of the Comprehensive Plan states that
facilities and services shall meet certain specified minimum levels of service. Such chapter
recommends that school districts establish their own level of service.
43. Policy CFP-8.2 of the Comprehensive Plan recommends that the review of new residential
development consider the adequacy of school facilities.
44. Policy CFP-2.4 of the Comprehensive Plan states that if adopted level of service standards
cannot be maintained, the City shall increase funding, reduce level of service or reassess the Land
Use Element of the Comprehensive Plan.
45. Guidelines set forth in the 2001 City Standards for Road and Sewer Construction("City
Road Standards") recommend the provision of adequate vehicular and pedestrian access to all
parcels of land, minimizing through traffic movements and excessive speeds on 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 require the construction of curb, gutter and separated sidewalk
along the frontage of new developments within urban land use zones. Sidewalks are not required
for cul-de-sac roads less than 400 feet long.
47. The City Road Standards establish standards for the construction of new access roads, and
the reconstruction of existing access roads; and give the City Engineer broad discretion in
prescribing the actual roadway section required based on a number of factors, and approving
design deviations in appropriate circumstances. See Road Standards, Chapter 3.
48. City Engineering conditions of approval require the applicant to improve all internal streets
in the preliminary plat to City public road standards; including the installation of paving, curb and
sidewalk. Such conditions require the applicant to improve Olive Avenue off-site, between the
preliminary plat and Collins Road, by adding 28 feet of asphalt and a drainage ditch on both sides
of the pavement; and improve Valleyway Avenue along the frontage of the site either prior to final
plat approval, by joining in and participating in a future City street improvement project, or
agreeing to participate in a future local improvement district(LID).
49. City Engineering conditions of approval require the applicant to install a barricade at the
north end of the proposed road(Vercler Road) that would abut Alki Avenue, until such time as
Alki Avenue may be fully improved. The final plat would be responsible for providing sufficient
right of way dedication and easements for such future improvement, but is not required to initiate
such improvement.
50. City Engineering found that the proposal met the transportation concurrency requirements
of the City Phase I Development Regulations, for five (5) PM peak hour vehicle trips.
HE Findings, Conclusions and Decision REZ-24-06/SUB-06-06 Page 6
51. Spokane County Fire District 1 submitted written comments indicating that turnarounds in
the preliminary plat were adequate, and expressed no concerns regarding access for the project as
proposed.
fl 52. There is no evidence in the record that the site currently contributes to dust impacts to the
unimproved portion of Alki Avenue located north of the site. Since City Engineering conditions
require the internal access road in the preliminary plat that abuts Alki Avenue to be barricaded,
the preliminary plat will not increase dust impacts along Alki Avenue.
53. The preliminary plat provides adequate connectivity to the surrounding transportation
system; through the construction of off-site improvements to the west along Olive Avenue, by
preserving a potential public road connection to Alki Avenue should such road be fully improved
in the future, and by providing access for two (2) lots directly to Valleyway Avenue.
54. Patrick John's potential need to improve Alki Avenue along the north boundary of his
property, and for a short distance to the east, in order to develop the north portion of his
property, would appear similar to the requirement on the applicant to improve Olive Avenue west
of the site for the current preliminary plat. Johns could also conceivably install a driveway from
the north portion of his property to Valleyway Avenue, although this may necessitate the removal
of certain improvements. The preliminary plat does not"landlock" John's property, as contended
by Johns.
55. The City Phase I Development Regulations do not require direct concurrency for schools,
parks, law enforcement services or fire protection services. City Parks and Recreation, and
Central Valley School District, respectively, did not comment on the project.
56. The County Division of Utilities, and Modern Electric Water and Power Company,
respectively certified the availability of public sewer and water for the proposal. The preliminary
plat complies with the public sewer and water concurrency requirements of the City Phase I
Development Regulations.
57. As required by the City Interim Subdivision Ordinance, the design, shape, size and
orientation of lots in the preliminary plat are appropriate for the proposed use of such lots, and the
character of the area in which the lots are located.
58. As required by the City Interim Subdivision Ordinance, block dimensions in the preliminary
plat reflect due regard for the needs of convenient access, public safety, emergency vehicle access,
topography, road maintenance and provision of suitable sites for the proposed use.
59. As required by the City Interim Subdivision Ordinance, toad alignments in the proposal are
designed with appropriate consideration for existing and planned roads, anticipated traffic
patterns, topographic and drainage conditions, safety and the proposed use of the site.
60. No public agencies objected to the proposal, as conditioned, or its environmental impact.
The project will not have more than a moderate effect on the quality of the environment.
HE Findings, Conclusions and Decision REZ-24-06/SUB-06-06 Page 7
61. The proposal has been conditioned for compliance with the UR-7* zone, the County Zoning
Code, the County Subdivision Ordinance, and other applicable development regulations. No
deficiencies with regard to the compliance of the proposal, as conditioned,with applicable
development regulations have been established in the record.
• 62. Significant changes have occurred in the area since the County zoned the site UR-3.5 zone
in 1991, which zoning was continued under the City's Interim Zoning Ordinance in 2003. This
includes the extension of public sewer to the area, designation of the site in the Low Density
Residential category of the City Comprehensive Plan, adoption of the City Phase I Development
Regulations, inclusion of the site in the City of Spokane Valley, the rezoning of the land lying
north of the site to the UR-7 zone for the development of single-family homes, and the
intensification of commercial and residential development along Pines Road and Sprague Avenue
in the area
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The City Zoning.Code authorizes a site-specific amendment to the City Zoning Map, i.e.
zone reclassification, if the amendment is consistent with the Comprehensive Plan and is not
detrimental to the public welfare. See Zoning Code 14.402.020(1); and references to Zoning
Code 14.402.020(1) in Zoning Code 14.402.020 and Zoning Code 14.402.160.
2. Washington case law requires the proponent of a rezone to establish, by a preponderance of
the evidence, that the proposed rezone bears a substantial relationship to the public health, safety
or general welfare; and that a substantial change of circumstances has occurred in the area.
However, proof of a substantial change of circumstances is not required if the rezone implements
the comprehensive plan of the local government.
3. To be approved, the preliminary plat must comply with applicable development regulations;
make appropriate provision for the public health; safety and general welfare; serve the public use
and interest; and make appropriate provision for open spaces, drainage ways, streets or roads,
other public ways, potable water supplies, transit stops, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds, critical areas, fire/emergency access, sidewalks for
children who reach school by walking, and other relevant facts and planning features. See RCW
58.17.110, City Subdivision Ordinance, and SVMC Chapter 10.35.
4. Under Washington case law, where there is a conflict between the policies of a
comprehensive plan, and the zoning code or other development regulations adopted by the local
government, the zoning code and development regulations are controlling over the policies of a
comprehensive plan.
HE Findings, Conclusions and Decision REZ-24-06/SUB-06-06 Page 8
5. The proposed preliminary plat and zone reclassification to the UR-7* zone, as conditioned,
generally conform to the Comprehensive Plan. The proposed rezone complies with the City
Phase I Development Regulations.
6. The preliminary plat and dedication will serve the public use and interest; and make
appropriate provision for the public health, safety and general welfare.
7. The preliminary plat and dedication 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 and the City Interim Subdivision Ordinance.
8. The proposed subdivision meets the general design requirements specified in Section
12.400.122 of the City Interim Subdivision Ordinance, and other requirements for the approval of
preliminary plats listed in Chapter 12.400 of such ordinance.
9. The proposed rezone bears a substantial relationship, and will not be detrimental, to the
public health, safety or welfare.
10. A substantial change of circumstances has occurred in the area since the site was last zoned.
11. The procedural requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met. The proposal, as conditioned,will not have a
significant, probable adverse impact on the environment.
12. The proposal, as conditioned, complies with the UR-7* zone, the Aquifer Sensitive Overlay
zone, other applicable provisions of the City Zoning Code, and other applicable development
regulations.
13. Approval of the zone reclassification is appropriate under Chapter 14.402.020(1) of the City
Zoning Code.
14. Approval of the preliminary plat and zone reclassification are appropriate under SVMC
Chapter 10.35.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
preliminary plat and zone reclassification are hereby approved, subject to the conditions of the
various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
FIE Findings, Conclusions and Decision REZ-24-06/SUB-06-06 Page 9
{
This approval does not waive the applicant's obligation to comply with all other
requirements of other public agencies with jurisdiction over land development.
Conditions of Approval:
A. General
The following are general conditions of approval that apply to the rezone and preliminary plat
approval in File No. REZ-24-06/SUB-06-06:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The Spokane Valley Interim Zoning Map shall be updated to specify an Urban Residential-
7* (UR-7*) zone designation for Parcel No. 45153.1801.
2. The final plat shall be developed in substantial conformance to the preliminary plat map of
record submitted on January 23, 2007, including a maximum of eleven (11) single-family
dwelling lots. Any proposed modification or revision to the preliminary plat, or the conditions of
approval for the preliminary plat, shall comply with Section 12.100.120 (Modifications) of the
Spokane Valley Interim Subdivision Ordinance ("Subdivision Ordinance').
3. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance,
the preliminary plat approval for SUB-07-06 shall automatically expire on February 26, 2012,
unless a time extension is approved for the project. If a request for an extension of time is not
timely submitted and approved, the preliminary plat expires and is null and void.
4. Pursuant to Section 12.100.118 (Extensions of Time) of the Subdivision Ordinance, an
application form and supporting data for a time extension must be submitted to the Director at
least thirty(30) calendar days prior to expiration of the preliminary plat approval.
5. Pursuant to Section 12.100.130 (Enforcement) of the Subdivision Ordinance, any sale,
lease, or transfer of any lot or parcel created pursuant to the City's Subdivision Ordinance 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. Except where noted in conditions of approval, the proposal shall comply with the provisions
of Chapter 14.618 (UR-7*) of the Spokane Valley Interim Zoning Code ("Zoning Code").
7. Pursuant to Section 14.618.375 (Utilities) of the Zoning Code, all utility hardware shall be
placed underground or screened from view with a decorative block wall or landscaping. Said
HE Findings, Conclusions and Decision REZ-24-06/SUB-06-06 Page 10
screening shall be as tall as the highest portion of the equipment and shall be permanently
maintained.
B. Prior to final plat approval, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. In order to comply with Section 14.618.365 (Walls)of the Zoning Code, the applicant shall,
prior to final plat approval, construct a six(6)-foot high concrete, masonry, or decorative block
wall, solid landscaping or sight-obscuring fence ("screening") along the east and west property
lines of the final plat. Further, the applicant shall submit a written agreement agreeing that the
applicant or successors in interest shall continuously maintain the six(6)-foot high screening in
good condition. The applicant shall at the same time agree that at time of sale of any and all of
} the parcels created through the short plat action, the applicant shall notify in writing all buyers of
the requirement to maintain the six(6)-foot high screening along the portion of the property under
their direct control.
2. Pursuant to Section 12.400.134 (Professional Land Surveyor) of the Subdivision Ordinance,
a final plat shall be submitted and shall be made by or under the supervision of a professional land
surveyor, who shall certify on the final plat that it is a true and correct representation of the lands
actually surveyed. All surveys shall comply with the Survey Recording Act(RCW Chapter
58.09), Survey and Land Descriptions (WAC Chapter 332-130), and the City of Spokane Valley's
Interim Standards for Road and Sewer Construction, as amended.
3. The submitted final plat shall comply with all submittal requirements specified in Chapter
12.400 of the Subdivision Ordinance.
4. The face of the final plat 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 UR-7* zone, or successor zone in effect at the
time of building permit application."
5. Demolition of the existing outbuildings shall require a demolition permit and inspection by
the City of Spokane Valley Building Division and Spokane County Air Pollution Control
Authority, prior to final plat approval.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
6. Frontage improvements are required on Valleyway Avenue. Valleyway Avenue is designated as a
Collector Arterial street.
7. The frontage improvements for Valleyway Avenue include eighteen and one-half(18 1/2 ) feet of
asphalt width from road centerline, Type B curb and gutter(2 feet), a 10-foot roadside swale, and a 5-
BE Findings, Conclusions and Decision REZ-24-06/SUB-06-06 Page 11
foot sidewalk. Current right-of-way is 40 feet,with one-half( %2 ) the right-of-way being twenty(20)
feet. A right-of-way dedication of 2.5 feet; and a border easement of 13 feet, which extends to the back
of sidewalk, are required; and shall be designated on the final plat language and map. The right-of-way
dedication and border easement width was determined assuming that the center of the road coincides
with the center of the right-of-way. The applicant shall confirm right-of-way location and width(s).
The building setback begins at the edge of the border easement.
8. Offsite improvements are required for Olive Avenue, shall run from Collins Road to the west plat
boundary, and include 28 feet of asphalt and a ditch section on either side of the pavement to
accommodate and treat impervious surface runoff.
9. To construct the street improvements stated above, the applicant may, with the approval of the
Director of Public Works,join in and be a willing participant in any petition or resolution the purpose of
which is the formation of a Local Improvement District(LID) for said improvements pursuant to
RCW.35.43, as amended. At such time as a LID is created or any Street Improvement Project is
sanctioned by Spokane Valley, the improvements required will be at the sole expense of the
undersigned owner, their heirs, grantees and assigns. This agreement extends for ten(10) years from
time the final plat is approved. This provision is applicable to Valleyway Avenue, which provide access
to the site.
10. As an alternative method of constructing the street improvements stated above, the applicant may,
with the approval of the Public Works Director, accomplish the street improvements by joining and
1 participating in the City Street Project(CSP) to the extent of the required street improvement. At such
time as a LID is created or any Street Improvement Project is sanctioned by Spokane Valley, the
improvements required will be at the sole expense of the undersigned owner, their heirs, grantees and
assigns. This provision is applicable to Valleyway Avenue,which provide access to the site.
11. 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(as adopted by the City; the 1998
Spokane County Guidelines for Stormwater Management(as adopted by the City), Spokane Valley
Ordinance 05-013 and all other Federal, State, and Local regulations; or as amended.
12. All internal streets shall be designed to public street standards as set forth in the 2001 Spokane
County Road and Sewer Standards, as adopted by the City. Olive Avenue within the final plat shall be
composed of 28 feet of asphalt width; and, on each side, Type B curb and gutter(2 feet), a 10-foot
roadside swale and a 5-foot sidewalk. This requires 36 feet of right-of-way dedication, and 13-foot
border easements on each side,which shall be designated on the final plat language and map. Note: the
building setback begins at the edge of the border. The north/south internal street shall be composed of
28 feet of asphalt width; and, on each side, Type B curb and gutter(2 feet), a 10-foot roadside swale
and a 5-foot sidewalk. The north/south street must extend to Alki Avenue. The installation of a
barricade is required at the north end of the internal street. At the time the Alki Avenue is improved,
the barricade will be removed. This requires 36 feet of right-of-way dedication and a 13-foot border
easement on each side, which shall be designated on the final plat language and map. Note: the building
setback begins at the edge of the border.
HE Findings, Conclusions and Decision REZ-24-06/SUB-06-06 Page 12
13. If the newly created lots are used for any use other than a single-family dwelling, full
improvements to Valleyway Avenue and Alki Avenue are required.
14. All utility easements (i.e. telephone, power, etc.) shall be shown on the final plat. The applicant is
responsible for arranging for all necessary utility adjustments, relocations, or improvements as required
for completion of the project. The applicant needs to contact the purveyors of each affected utility
regarding private service, utility improvement, and any relocation and adjustment costs. All rigid
objects shall be located outside the clear zone. The clear zone requirements can be found in the 2001
Spokane County Road and Sewer Standards (as adopted by the City), or as amended.
15. Permits are required for any access to or work within the right-of-way of the Spokane Valley
roadway system.
16. The applicant shall submit civil plans for the installation of utilities (sewer, water, etc) in the
Spokane Valley roadway system, which show the extent of pavement removal and replacement; a cross
section showing existing land width and replacement land width, pavement thickness, top course
thickness, cross slope; profiles showing centerline, right and left edge pavements including grades and
changes in elevation from existing, and how the replaced roadway ties into existing improvements
(tapers, etc).
17. NOTICE: The City's Regional Pavement Cut Policy(County Standards, Technical Reference F)
may prevent or limit pavement cuts in the adjacent street(s). Please contact the City right-of-way
inspector for further information.
18. Driveway approach design shall follow the 2001 Spokane County Road and Sewer Standards (as
adopted by the City), or as amended. If an existing approach is to be altered or abandoned, then the
unused portion of the original approach needs to be removed and replaced with curb, gutter and
sidewalk matching that which is adjacent.
19. A Temporary Erosion and Sedimentations Control(TESC) plan, prepared by a Washington State
licensed Professional Engineer, shall be prepared and submitted with the site construction plans. The
TESC plan shall follow the 1998 Spokane County Guidelines for Stormwater Management (as adopted
by the City). The TESC structures (such as filter fence, silt ponds, silt traps) shall be installed prior to
the start of site work, and the TESC measures shall be implemented and maintained throughout the
duration of construction and until the site has stabilized.
20. Right-of-way dedication and border easements shall be designated on the final plat map.
21. For construction affecting public right-of-way, the applicant shall:
a. Thirty(30) days prior to construction, mail out 4-inch by 6-inch minimum size postcards to all
residents and businesses within 400 feet of the project limits and one copy to CSV Public Works
providing project construction details. These addresses can be obtained from a Title Company.
b. 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-24-06/SUB-06-06 Page 13
22. Prior to final plat approval, the applicant or successors in interest shall submit written evidence of
the formation of a Homeowners Association(HOA) to perpetually operate and maintain the on-site
drainage facilities, including but not limited to stormwater systems at the end of the service life of the
respective components; and any other improvements that may be legally required in the future.
23. Prior to construction plan acceptance by the City of Spokane Valley Public Works Department,
•
the applicant or successors in interest shall submit an Operations and Maintenance Manual, prepared by
the applicant's engineer, for the street and stormwater systems. This manual shall include a discussion
of the design life of the maintenance, and calculated replacement costs for each component of the
systems. The manual shall specify the recommended individual monthly homeowner financial
assessment to accomplish the identified maintenance and replacement tasks.
24. A pre-construction conference with the Public Works Department 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.
25. Upon completion of the frontage improvements, a Construction Certification package, prepared
by the Professional Engineer who prepared the civil site and drainage plans, is required for the
improvements and shall be submitted and approved prior to releasing the performance surety.
26. Plat language will be determined at the time of final plat submittal. The applicant shall contact the.
City of Spokane Valley Public Works Department for appropriate language, prior to final plat submittal
27. Soils information: the data in the hardcopy version of the NRCS Soil Survey for Spokane County
is outdated and no longer supported by NRCS. The latest soils information can be found online at
http://websoilsurvey.nrcs.usda.gov/app/.
28 The Washington State Department of Ecology requires all drywells (existing and proposed) to be
registered through the state. Further information regarding requirements and application forms are
available online at www.ecy.wa.gov/programs/wq/gmdwtr/uic/rulerev.html. Further information
requests or questions can also be addressed to Mary Shaleen-Hansen at (360) 407-6143, or by email at
maha461 @ecy.wa.gov. The applicant is required to submit copies of the completed registration forms
to Public Works at the time of construction certification.
SPOKANE COUNTY DIVISION OF UTILITIES:
29. 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".
30. Easements shall be clearly delineated and labeled on the face of the plat as Public Sanitary
Sewer Easements, and the final plat dedication shall state: "Public Sanitary Sewer easements
platted and shown hereon shall be perpetual easements granted to Spokane County, its successors
HE Findings, Conclusions and Decision REZ-24-06/SUB-06-06 Page 14
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, its successors and assigns at all
times hereinafter, at their own cost and expense, may remove all crops, brush, grass or trees that
may interfere with the constructing, installing, operating, maintaining, repairing, altering,
replacing, removing, and all other uses or purposes which are or may be related to a sewer
system. The grantor(s) reserve the right to use and enjoy that property which is the subject of this
easement for the purposes which will not interfere with the County's fill 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."
31. 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.
32. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization
of the project.
33. 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.
34. Security shall be submitted to the Division of Utilities prior to approval of the Sewer Desi gn
Plans.
SPOKANE REGIONAL HEALTH DISTRICT:
35. The final plat shall be designed substantially as indicated on the preliminary plat map of
record and/or any attached sheets as`noted.
36. Appropriate utility easements shall be indicated on copies of the preliminary plat of record,
for distribution by the City Department of Community Development to the utility companies, City
of Spokane Valley Public Works Department, and the Spokane Regional Health District.
37. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
38. Water service shall be coordinated through the Director of Utilities, Spokane County.
39. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
HE Findings, Conclusions and Decision REZ-24-06/SUB-06-06 Page 15
40. Prior to filing the final plat, the applicant shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
41. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection use shall be approved by the water purveyor. Said water plan must have been approved
by the fire protection district and the appropriate health authorities. The health authorities,water
supplier (purveyor), and the fire protection district will certify, prior to the filing of the final plat,
on the face of said water plan that the plan is in conformance with their requirements and will
adequately satisfy their respective needs. Such water plan and certification will be drafted on a
transparency suitable for reproduction.
42. The purveyor will also certify prior to filing the final plat, on a copy of said water plan, that
appropriate contractual arrangements have been made with the plat sponsor for construction of
the water system, in accordance with the approved plan and time schedule. The time schedule
will provide, in any case, for completion of the water system and inspection by the appropriate
health authorities prior to application for building permits within the plat. The contractual
arrangement will include a provision holding City of Spokane Valley, Spokane Regional Health
District, and the purveyor harmless from claims by any lot purchaser refused a building permit due
to failure of the plat sponsor to satisfactorily complete the approved water system.
43. A public sewer system will be made available for the plat and individual service will be
provided to each lot prior to sale. The use of individual on-site sewage disposal systems shall not
be authorized.
44. 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."
45. The dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
46. The final plat dedication shall state: "The public water system,pursuant to the Water Plan
approved by county and state health authorities, the local fire protection district, City of Spokane
Valley Building Division and water purveyor, shall be installed within this subdivision and the
applicant shall provide for individual domestic water service as well as fire protection to each lot
prior to sale of each lot and prior to issuance of a building permit for each lot."
SPOKANE COUNTY FIRE DISTRICT 1:
47. Addressing and street names are required to be consistent with area streets and addresses.
48. The installation of one (1) new fire hydrant may be required, if the distance for the hydrant
at Collins Road and Olive Avenue is greater than 600 feet to the north of the project on the
proposed road.
HE Findings, Conclusions and Decision REZ-24-06/SUB-06-06 Page 16
49. The applicant must provide a water plan showing the location of the required hydrant and
the size of the water main.
50. Name the north/south road as Vercler Road.
AVIS TA UTILITIES:
51. A 10-foot wide easement strip is required along all public roads or drives. The location of
the easement strips would be adjacent, adjoining, and behind sidewalks or curbs when sidewalks
are absent.
52. The final plat dedication shall state: "Dry Utility easements shown on this final plat are
hereby dedicated for the use of serving utility companies for the construction, reconstruction,
maintenance, protection, inspection and operation of their respective
dry facilities, i.e., fiber optic,
cable, phone, natural gas and electric, together with the right to prohibit changes in grade that will
alter the existing coverage over install underground facilities and the right to prohibit, trim or
remove trees, bushes, landscaping situated within said easement and to prohibit structures that
may interfere with the inspection, construction, reconstruction, reliability, maintenance, and safe
operation of same. Said provision does not prohibit lateral crossing of said easement with
residential water or sewer service lines, but shall prohibit installation of water meter boxes in said
easement. In addition, the installation of street light poles, unless installed by the serving utility;
and brick, rock or masonry structures within the aforementioned utility strip, unless installed by a
serving utility; are prohibited."
C. Prior to or during on-site construction the applicant or successors in interest shall:
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
1. Dust emissions during demolition, construction, and excavation projects shall be controlled.
Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers
or suspension of activity during certain weather conditions.
2. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto
paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately
to clean these surfaces.
3. Debris generated as a result of this project shall be disposed of by means other than burning.
4. If objectionable odors result from this project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
5. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
6. 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.
HE Findings, Conclusions and Decision REZ-24-06/SUB-06-06 Page 17
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.
7. 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.
8. SCAPCA strongly recommends that all traveled surfaces (i.e. ingress, egress, parking
areas, access roads, etc.) be paved and kept clean to minimize dust emissions.
SPOKANE TRIBE OF INDIANS
9. If any artifacts or human remains are found upon excavation, the office should be notified
immediately and the work in the immediate area promptly cease.
WASHINGTON STATE DEPARTMENT OF ECOLOGY
10. Proper erosion and sediment control practices may be used on the construction site and
adjacent areas to prevent upland sediments from entering surface water. Local stormwater
ordinances will provide specific requirements. Also refer to the Stormwater Management Manual
for Eastern Washington, at http://www.ecy.wa.gov/programs/wq/stormwater/eastern
manuaimanual.html. All ground disturbed by construction activities must be stabilized. When
appropriate, native vegetation typical of the site should be used.
DATED this 261 day of February, 2007
CITY HEARING EXAMINER PRO TEM
D
Micha-1 C. Dempsey, WSBA Ir 3 AP
HE Findings, Conclusions and Decision REZ-24-06/SUB-06-06 Page 18
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Section 10.35.150 of the City of Spokane Valley Municipal Code (SVMC), as
amended, the decision of the Hearing Examiner on a combined application for a zone
reclassification and preliminary plat is final and conclusive unless within fourteen(14) calendar
days from the Examiner's written decision, a party of record aggrieved by such decision files an
appeal with the City Council of the City of Spokane Valley, City Hall, 11707 E. Sprague Avenue,
in Spokane Valley, Washington; in accordance with all the requirements of SVMC#10.35.150.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on February 26, 2007. THE APPEAL CLOSING DATE IS MARCH 12,
2007.
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, (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, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, WA. Copies of the documents in the
record will be made available at the cost set by City of Spokane Valley Ordinance.
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-24-06/SUB-06-06 Page 19