REZ-32-06 SUB-08-06 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 Springfield Lane; ) CONCLUSIONS OF LAW,
Applicant: Landed Gentry Development, Inc.) AND DECISION
File No. REZ-32-06/SUB-08-06 )
)
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: A pp rove a pp lication, subject to conditions of approval. The preliminary
plat will expire on March 13, 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 to be valid.
H. FINDINGS OF FACT
1. The application seeks approval of a rezone from the Urban Residential-3.5 (UR-3.5) zone to
the Urban Residential-7* (UR-7*) zone, on approximately 2.84 acres of land; and the preliminary
plat of Springfield Lane, to divide such acreage into thirteen(13) residential lots.
2. The site is located along the east side of Farr Road, approximately 400 feet south of
Broadway Avenue and .3 miles north of Valleyway Avenue, in Spokane Valley, WA. The
property is situated in the NE 1A of the SW 1/4 of Section 17, Township 25 North, Range 44 East,
Willamette Meridian, in Spokane County, WA.
3. The site is currently referenced as County Assessor's tax parcel nos. 45173.0119 and
45173.0118, and is legally described on the preliminary plat map of record. The existing
residence on the site is addressed at 616 N. Farr Road, Spokane Valley, Washington.
4. The applicant is Landed Gentry Development, Inc., do Daniel Melville, 504 E. Fairhaven
Avenue, Burlington, WA 98233. LGIE, LLC owns parcel no. 45173.0118; has an option to
purchase parcel no. 45173.0119 from William and Irene Zimmer, 622 N. Farr Road, Spokane
Valley, WA 99206; and has the same address as the applicant.
5. On October 19, 2006, the applicant submitted a complete application for the proposal to the
City Department of Community Development-Planning Division("City Planning Division) in the
above file.
6. On January 12, 2007, the City Planning Division issued a Determination of Nonsignificance
(DNS) for the proposal. The DNS was not appealed.
HE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 Page 1
7. On March 1, 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
February 28, 2007.
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:
Karen Kendall, Assistant Planner Daniel Melville
Spokane Valley Planning Division LGIE, LLC
11707 E. Sprague Avenue, Suite 106 11019 E. Upriver Drive
Spokane Valley, WA 99206 Spokane, WA 99206
Chris Pierce Linda Dixson
404 N. Farr Road 608 N. Farr Road
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Thomas Dixson Gayle Gutto
608 N. Farr Road 515 N. Farr Road
Spokane Valley, WA 99206 Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
Zoning Code, Zoning Maps, 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.
11. The record includes the documents in File No. REZ-32-06/SUB-08-06 at the time of the
public hearing, the documents and testimony submitted at the public hearing, and the items taken
notice of by the Hearing Examiner.
12. The site is approximately 2.84 acres in size and relatively flat in topography. The southeast
portion of the site is improved with a single-family dwelling and two detached structures. The
property is vegetated with grass, shrubs, and deciduous and evergreen trees. Springfield Lane
extending through the site consists of a graveled private road that provides access to the home on
the site, and up to four (4) homes on lots that border the site.
13. The preliminary plat map of record submitted on December 15, 2006 illustrates one (1) lot
of 15,232 square feet for the existing residence on the site, one (1) lot of 13,779 square feet
located in the southeast corner of the site, and 11 lots ranging from 6,204 square feet to 7,234
square feet in size. The average lot size in the preliminary plat is approximately 7,730 square feet.
HE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 Page 2
5
14. The density(net) of the preliminary plat is determined by dividing the number of proposed
lots by the difference between the gross area of the site and the area reserved for roads in the
preliminary plat. See Zoning Code 14.300.100, definition of"density".
15. The preliminary plat map slightly overstates the area reserved for the private road in the
preliminary plat, at .59 acres, and accordingly slightly overstates the density(net) of the
preliminary plat, at 5.77 dwelling units per acre.
16. The area reserved for the private road in the preliminary plat appears to be approximately
.53 acres; based either on subtracting the area reserved for the lots in the preliminary plat (2.31
acres) from the gross acreage of the site (2.84 acres), or from calculating the area reserved for the
private road using the distances and scale contained on the face of the preliminary plat. The
correct density(net) of the preliminary plat, based on a net acreage of approximately 2.31 acres
and 13 total lots, is approximately 5.63 dwelling units per acre.
17. The preliminary plat map illustrates an internal private road that connects to Farr Road on
the west, and contains a hammerhead turnaround in the east end. Three (3) paved private
driveways are illustrated connecting to the private road;which driveways would serve a total of 1,
2 and 3 lots, respectively. The map indicates that the existing structures on the site will be
retained.
18. Effective January 1, 1991, Spokane County reclassified the zoning of the site and other
nearby land to the UR-3.5 zone; pursuant to the Program to Implement the Spokane County
Zoning Code, a county-wide rezone effort. In the same zoning action, the County reclassified the
zoning of the land located along and south of Valleyway Avenue, east of Farr Road, and the land
located west of Locust Road, to the UR-7 zone.
19. 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.
20. The County Phase I Development Regulations retained the zoning of the site and
neighboring land, and designated the site and area in the UGA.
21. 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.
22. The site and area are located in the Aquifer Sensitive Area(ASA) Overlay zone of the City
Interim Zoning Code.
HE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 Page 3
23. 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 Comprehensive Plan, pursuant to City Ordinance No. 06-011.
24. The City Comprehensive Plan designates the site and nearby land in the Low Density
Residential category; except for several acres of land located between the site and Valleyway
Avenue, east of Fan Road, which are designated in the Public/Quasi-Public category. The land
lying further to the south, east of Farr Road; and the land located one (1) block west of the site,
west of Locust Road; is designated in the Medium Density Residential category.
25. On August 1, 2006, the Hearin g Examiner rezoned .9 acres of land located approximately
one-fourth(1/4) mile southwest of the site, along the east side of Locust Road, from the UR-3.5
zone to the UR-7* zone, to allow such acreage to be short platted for additional single-family
homes. See decision in File No. REZ-11-06.
26. A church, and associated school and playgrounds, are located directly south and southeast
of the site. The other land neighboring the site generally consists of single-family homes on lots
of various sizes. Some multi-family uses are found further to the south, in Urban Residential-22
(UR-22) zones located adjacent to or near Sprague Avenue.
27. Intensive commercial uses and zoning are located along Sprague Avenue to the south.
Commercial uses, primarily office uses, are found along Argonne Road and Mullan Road to the
west.
28. The City Arterial Road Plan designates Fan Road, between Broadway Avenue and Eighth
Avenue, as an Urban Collector Arterial; Valleyway Avenue, both west of Farr Road and east of
Herald Road, as an Urban Collector Arterial; Herald Road as an Urban Collector Arterial; and
Sprague Avenue, Broadway Avenue,Argonne Road and Mullan Road as Urban Principal
Arterials.
29. Broadway Avenue is improved to four(4) lanes in the area, and has curb and sidewalk.
Sprague Avenue and Appleway Avenue, and Argonne Road and Mullan Road, form 1-way multi-
lane road couplets in the area. Farr Road and Valleyway Avenue are paved roads without curb or
sidewalk. Public transit is available along Mullan Road and Sprague Avenue.
30. A small number of neighboring residents expressed opposition to or concerns regarding the
proposal; including concerns over increased traffic along Farr Road, traffic safety at the
intersections of Farr Road with Valleyway Avenue and Broadway Avenue, traffic congestion
along Broadway Avenue, cars speeding along Fan Road, lot size and housing density in the
preliminary plat, aesthetics, need for curbing and paving in the development, impacts on school
capacity, and other concerns.
31. 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
HE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 Page 4
Residential category of the Comprehensive Plan, in which the site is designated, are the UR-3.5
and UR-7 zones.
32. The UR-3.5 zone, which currently applies to the site, is intended to promote areas of
primarily single-family residences in an urbanized neighborhood setting. Such zone permits
single-family homes, duplexes and certain other uses. The UR-3.5 zone permits a maximum
residential density of 4.35 dwelling units per acres. The minimum frontage for a single-family
dwelling in the UR-3.5 zone is 80 feet, and the minimum lot size is 10,000 square feet.
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 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.
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 exterior boundaries of the site where adjacent to UR-3.5
zoning, except along roadways.
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.
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.
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.
HE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 Page 5
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.
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 public cul-de-sac roads less than 400 feet long, or along private roads.
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 in approving
design deviations in appropriate circumstances. See Road Standards, Chapter 3.
48. The applicant submitted a trip distribution letter for the preliminary plat prepared by a
consulting traffic engineer. The letter indicates that approximately 40% of the additional trips
generated by the project would travel north on Farr Road, and 60%would travel south on Fan
Road; the preliminary plat would add well under the threshold of 20 peak hour trips per day
where City Engineering typically requires a detailed traffic analysis, a traffic signal currently exists
at the intersections of Farr Road with Sprague Avenue and Appleway Avenue, and the proposal is
unlikely to have any significant adverse impacts on the surrounding transportation system.
49. City Engineering found that the proposal met the transportation concurrency requirements
of the City Phase I Development Regulations, because it would have an insignificant impact on
HE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 Page 6
the City's transportation system. Transportation concurrency generally tests whether a land use
proposal will degrade area road intersections to a failing level of service.
50. The traffic concerns raised by neighboring property owners were not supported by evidence
of a traffic engineering nature, and accordingly are insufficient to rebut the traffic findings made
by the applicant's traffic engineer and City Engineering. Some of the concerns expressed, such as
enforcement of speeding, school zone violations and the need for a stop sign at the intersection of
Valleyway Avenue and Farr Road, are outside the Examiner's control.
51. Spokane County Fire District 1 submitted written comments indicating that the turnarounds
illustrated on the preliminary plat map are adequate, the 24-foot wide private road and fire
apparatus turnarounds in the preliminary plat must be posed for "no parking", and a water plan
must be submitted showing the location of required fire hydrants.
52. The City Phase I Development Regulations do not require direct concurrency for schools,
parks, law enforcement services or fire protection services.
53. The County Division of Utilities, and Modern Electric Water and Power Company,
respectively certified the availability of public sewer and water for the proposal. Spokane
Regional Health District and County Utilities conditions of approval require the project to
connect to public sewer.
54. The proposal complies with the transportation, sewer and water concurrency requirements
of the City Phase I Development Regulations.
55. The site is a suitable location for a rezone to the UR-7* zone, considering the location of the
site along a designated Urban Collector Arterial, the location of the site next to a church and
school, the proximity of the site to major transportation and commercial corridors in the area, and
the high level of public services available to the site.
56. 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.
57. 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.
58. As required by the City Interim Subdivision Ordinance, road 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.
59. 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, and will
be reasonably compatible with neighboring land uses.
HE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 Page 7
60. The proposal has been conditioned for compliance with the UR-7* zone, the City Interim
Zoning Code, the City Interim 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.
61. 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 Code in 2003. This
includes the extension of public sewer to the area, adoption of the City Comprehensive Plan and
City Phase I Development Regulations, inclusion of the site in the City of Spokane Valley, the
recent rezoning of a .9-acre parcel of land located one-fourth(1/4) mile southwest of the site to
the UR-7* zone, and the intensification of commercial development along the Argonne Road-
Mullan Road corridor.
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. a
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, fie/emergency access, sidewalks for
children who reach school by walking, and other relevant facts and planning features. See RCW
58.17.110, City Interim 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.
5. The proposed preliminary plat and zone reclassification to the UR-7* zone, as conditioned,
generally conform to the Comprehensive Plan. The proposal complies with the City Phase I
Development Regulations.
HE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 Page 8
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
a preliminary plat 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 Interim Zoning Code, and other applicable
development regulations.
13. Approval of the zone reclassification is appropriate under Chapter 14.402.020(1) of the City
Interim 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.
This approval does not waive the applicant's obligation to comply with all other
requirements of other public agencies with jurisdiction over land development.
HE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 Page 9
Conditions of Approval:
A. General
The following general conditions of approval apply to the rezone and preliminary plat approval
in File No. REZ-32-06/SUB-08-06:
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. 45173.0118 and 45173.0119.
2. The final plat shall be developed in substantial conformance to the preliminary plat map of
record submitted on December 15, 2006, including a maximum of 13 single-family residential
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-08-06 shall automatically expire on March 13, 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* zone) of the Zoning Code.
7. Pursuant to Section 14.618.375 (Utilities) of the Subdivision Ordinance, all utility
hardware shall be placed underground or screened from view with a decorative block wall or
landscaping. Said screening shall be as high as the highest portion of the equipment and shall be
permanently maintained.
HE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 Page 10
} 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 6-foot high concrete, masonry, or
decorative block wall, solid landscaping or sight-obscuring fence along the exterior
boundaries of the site that abuts the UR-3.5 zone; except where adjacent to roads.
The applicant shall also submit and execute a written agreement requiring the applicant
or successors in interest to continuously maintain in good condition the 6-foot high
screening. The applicant shall at the same time agree that at time of sale of any and all of
the parcels created through the fmal plat, the applicant shall notify in writing all buyers of
the requirement to maintain the required 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 fmal 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 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 application shall comply with all submittal requirements specified
in Chapter 12.400 of the Subdivision Ordinance.
4. Pursuant to Section 12.400.144 (Filing) of the Subdivision Ordinance, the City of Spokane
Valley shall record with the Spokane County Auditor's Office the fmal plat, upon receipt of all
required signatures on the face of the plat, provided that, the applicant shall submit prior to
recording all required recording fees including appropriate fees to pay for the cost of three (3)
copies of the recorded final plat for distribution to the City Planning, Engineering and Building
Divisions.
5. 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 UR-7* zone or successor zoning designation,
to the extent permitted by Washington State law in effect at the time of building permit
application."
6. The final plat dedication shall state: "Access on the westerly private driveway is restricted
to Lots 3, 5 and 7."
HE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 Page 11
7. The final plat dedication shall state "Access on the easterly private driveway is restricted to
Lots 1 and 2."
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—BUILDING
DIVISION:
8. A grading permit shall be submitted and issued pursuant to Spokane Valley Municipal Code
(SVMC) Cha p ter 10.15, Article I> (Excavation, Fill and Gradin g) prior to final plat approval.
SPOKANE VALLEY . PUBLIC WORKS DEPARTMENT—DEVELOPMENT
ENGINEERING DIVISION:
9. Frontage improvements are required on Farr Road. Frontage improvements include 18.5
feet of asphalt width from road centerline, Type B curb and gutter(2 feet), a 10-foot roadside
swale, and a 5-foot sidewalk. The total width of improvements is 35.5 feet. Current right-of-way
is 40 feet; with 1/2 of the right-of-way being 20 feet. The minimum 1/2 right-of-way width, which
extends to 2 feet behind the curb, is 22.5 feet. A right-of-way dedication of 2.5 feet, and a border
easement of 13 feet that extends to the back of the 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 the actual right-of-way location and width. Note—the building
setback begins at the edge of the border easement.
10. An "urban driveway-separated sidewalk" approach for Springfield Lane shall be
constructed at Farr Road.
11. A Professional Engineer, licensed in the State of Washington, shall submit final street and
drainage plans and a drainage report that include calculations that conform to the 2001 Edition of
the Spokane County Standards for Road and Sewer Construction(as adopted by the City, or as
amended), the 1998 Spokane County Guidelines for Stormwater management (as adopted by the
City, or as amended), Spokane Valley Ordinance No. 05-013 (or as amended) for stormwater
treatment, and all other federal, state and local regulations.
12. The final plat map shall show any utility easements (i.e. telephone, power, etc.). The
permittee is responsible for arranging for all necessary utility adjustments, relocations, or
improvements as required for completion of the project. The developer needs to contact the
purveyors of each affected utility regarding private service, utility improvement, and any
relocation and adjustment costs. All rigid objects shall be located out of the clear zone. These
clear zone requirements can be found in the 2001 Edition of the Spokane County Road and Sewer
Standards (as adopted by the City, or as amended).
13. For the installation of utilities (sewer, water, etc) in the Spokane Valley roadway system,
the applicant is required to submit civil plans which show the extents of pavement removal and
replacement; a cross section which shows existing lane width and replacement lane width,
pavement thickness, top course thickness, cross slope; profiles showing centerline, right and left
HE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 Page 12
edge of pavements including grades and changes in elevation from existing, and how the replaced
roadway ties into existing(tapers, etc).
14. All internal streets shall be designed to public/private street standards in the 2001 Spokane
County Road and Sewer Standards (as adopted by the City, or as amended).
15. A landscaping plan, which shows the landscaping proposed to be placed in vegetated
stormwater facilities, such as channels, ditches, swales, ponds, etc., must be submitted with the
site construction plans for review.
16. 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 and will cover all construction activities for the improvements proposed in these plans. The
TESC plan shall follow 1998 Spokane County Guidelines for Stormwater Management(as
adopted by the City, or as amended).
17. 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. The manual
shall include a discussion of the design life of the various components, recommended repair and
maintenance schedules, calculated annual costs for repair and maintenance, and calculated
replacement costs for each component of the systems. The manual shall specify the recommended
individual monthly homeowner financial assessment to accomplish the identified maintenance and
replacement tasks.
18. Soils information: the data in the hardcopy version of the NRCS Soil Survey for Spokane
County is outdated and is no longer supported by NRCS. The latest soils information can be
found online at http://websoilsurvey.nres.usda.gov/app/ .
19. The Washington State Department of Ecology requires all drywells (existing and proposed)
to be registered through the state. Copies of the registration are to be sent to Public Works
Department. Further information regarding requirements and application forms are available
online at www.ecy.wa.gov/programs/wq/grndwtr/uic/rule rev.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.
20. Right-of-way dedication and border easements must be designated on the final plat map.
21. 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 private street and associated facilities including but not limited to stormwater
systems at the end of the service life of the respective components, and any other improvements
that may be legally required in the future. All parcels accessing Springfield Lane shall be part
of the Homeowners Association.
BE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 Page 13
22. Show any utility easements(i.e. telephone, power, etc.).
23. Plat language will be determined at the time of final plat submittal. Contact Public Works
prior to first submittal of final plat to obtain plat language.
SPOKANE REGIONAL HEALTH DISTRICT:
24. The final plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
25. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the Planning Department to the utility companies, City of Spokane Valley
Public Works Department, and the Spokane Regional Health District. Written approval of the
easements by the utility companies shall be received prior to the submittal of the final plat.
26. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County.
27. Water service shall be coordinated through the Director of Utilities, Spokane County.
28. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
29. 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.
30. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection use shall be approved by the water purveyor. The 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 must certify, prior to the filing of the final
plant, on the face of said water plan that the plan is in conformance with their requirements and
will adequately satisfy their respective needs. The water plan and certification shall be drafted on
a transparency suitable for reproduction.
31. 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, the 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.
32. 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.
BE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 Page 14
33. 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."
34. The final plat dedication shall state: "Use of private wells and water systems is
prohibited."
35. 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, the City of
Spokane Valley Building and Safety Department 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 DIVISION OF UTILITIES:
36. 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." A 6-inch private line exists within the
proposed boundaries of the plat. This line shall be converted to a public sewer line.
37. 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
constructing, installing, operating, maintaining, repairing, altering, replacing, removing and all
other uses or purposes which are may be related to a sewer system. The grantor(s) reserves 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."
38. 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.
39. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the project.
HE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 Page 15
40. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
CITY OF SPOKANE VALLEY FIRE DEPARTMENT:
41. Fire apparatus access roads that are 20-26 feet in width shall be posted on both sides as
"Fire Lane-No Parking."
42. Fire apparatus turnarounds shall be posed on both sides as "No Parking-Fire Lane."
`p3
43. Provide a water plan showing the location of required hydrant and size of water main.
44. Move hydrant location from Lot 11 to the SW corner of Lot 8.
45. Addresses shall be posted during construction.
AVISTA UTILITIES:
46. A 10-foot wide utility easement strip shall be provided adjacent to and adjoining all private
and public roads, driveways and alleys. A 10-foot wide utility easement strip shall be provided
along the west property line and the north 30 feet of Lot 7. Utility strips are to be located behind
and separate from sidewalks and planned drainage facilities (border easements).
47. The final plat dedication shall state: "The Utility easements shown on the herein described
plat are hereby dedicated for the use of serving utility companies for the construction,
reconstruction, maintenance, protection, inspection and operation of their respective facilities;
fiber optics, cable, phone, natural gas and electric. The rights granted herein prohibit changes in
grade that alter coverage of underground facilities, the installation of water meter boxes and the
placement of surface structures of brink, rock or masonry that may interfere with the rights
granted herein. The installation of street light poles is also prohibited unless installed by the
serving utility. 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 water or
sewer lines.
C. Prior to or during on-site construction, the applicant or successors in interest
shall:
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT —DEVELOPMENT ENGINEERING
DIVISION:
1. A pre-construction conference with Public Works 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.
BE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 Page 16
2. For construction affecting public right-of-way:
a. Thirty(30) days prior to construction, mail out 4-inch x 6-inch minimum size
postcards to all residents and businesses located within 400 feet of the project
limits and one copy to CSV Public Works providing project construction details.
The 400 feet will extend up all streets, both sides, that connect to the limits of
construction; and also includes property lying directly adjacent to construction.
The addresses can be obtained from a Title Company.
b. Fourteen(14) days prior to construction, securely post a sign providing
construction details at each ingress to the project area and that is clearly visible
from the right-of-way.
3. Permits are required for any access to or work within Spokane Valley road rights-of-way.
4. NOTICE—The Regional Pavement Cut Policy(County Standards, Technical Reference F)
may prevent or limit pavement cuts in the adjacent street(s). There is a three-year moratorium on
pavement cuts for newly paved streets. Please contact the City right-of-way inspector (Scott
Wallace, 688-0053) for further information.
5. The TESC structures (such as filter fence, silt ponds, silt traps) shall be installed prior to the
start of site work and maintained throughout the duration of construction and until the site has
stabilized.
6. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed Washington State Professional Engineer/Land Surveyor. All
work is subject to inspection by the City Engineer or by his staff.
7. 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.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
8. Dust emissions during demolition, construction, and excavation projects shall be
controlled. Appropriate measures shall include but are not limited to the use of water sprays,
tarps, sprinklers or suspension of activity during certain weather conditions.
9. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces
onto paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken
immediately to clean these surfaces.
10. Debris generated as a result of this project shall be disposed of by means other than
burning.
HE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 Page 17
11. If objectionable odors result from this project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
12. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
13. A Notice of Construction and Application for Approval shall be submitted and approved
by SCAPCA prior to the construction, installation, or establishment of an air pollution source.
This includes emergency generators rated at 500 hp (375 kW) or higher, natural gas 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.
14. A Notice of Intent shall be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an ABERA 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.
SPOKANE COUNTY FIRE DISTRICT 1:
15. All street signs shall be installed prior to issuance of building permits.
DATED this 13th day of March, 2007
CITY HEARING INTER PRO TEM
Air
Michael C. Dempsey, WSBA#8235 6'
HE Findings, Conclusions and Decision REZ-32-06/SUB-08-06 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 March 13, 2007. THE APPEAL CLOSING DATE IS MARCH 27,
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-32-06/SUB-08-06 Page 19