REZ-35-06 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Rezone from the UR-3.5 Zone to the UR-7 )
Zone, and Preliminary Plat of Mumford )
Adams Duplex Lots; ) FINDINGS OF FACT,
Applicant: CLC Associates, Inc. ) CONCLUSIONS OF LAW,
File No. REZ-35-06/SUB-10-06 ) AND DECISION
)
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone from the UR-3.5 zone to the UR-7* zone, and a
preliminary plat.
Summary of Decision: Approve application, subject to conditions of approval. The preliminary
plat will expire on April 16, 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
Procedural Background
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 3.06 acres of land; and a preliminary
plat to divide such acreage into twelve (12) lots for divided duplexes and one (1) lot for a single-
family dwelling.
2. The site is located along the west side of Adams Road, approximately 155 feet south of
Broadway Avenue. The property is situated in the SW 1/4 of Section 14, Township 25N, Range
44 EWM of Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45143.0171, and is
legally described on the preliminary plat map of record. The existing residence located on the site
is addressed at 701 N. Adams, Spokane Valley, Washington.
4. The applicant is CLC Associates, Inc., do Don Skillingstad, 12730 E. Mirabeau Pkwy,
Spokane Valley, 99216. The site owner is Al and Marcia Mumford, P.O. Box 488, Veradale,
Washington, 99037.
5. On November 30, 2006, the applicant submitted a complete application for a preliminary
plat and rezone to the City of Spokane Valley Community Development Department-Planning
Division ("City Planning Division") in the above file.
6. On February 9, 2007, the City Planning Division issued a Determination of Nonsignificance
(DNS) for the application. The DNS was not appealed.
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 1
7. On March 29, 2007, the Hearing Examiner conducted a public hearing on the proposal. The
notice requirements for the public hearing were met. The Examiner conducted site visits on
March 28, 2007 and April 13, 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:
Chaz Bates, Contract Planner Don Skillingstad
Spokane Valley Planning Division 12730 E. Mirabeau Parkway
11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99216
Spokane Valley, WA 99206
Gary Redmond Mark and Leslie Sevigney
722 N. Adams Road 14421 E. Alki Avenue
Spokane Valley, WA 99216 Spokane Valley, WA 99216
Judi Nichols Josh Jensen
14515 E. Alki Avenue 14521 E. Alki Avenue
Spokane Valley, WA 99216 Spokane Valley, WA 99216
Items in Record
10. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
Interim Zoning Code, 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.
11. The record includes the documents in the above file at the time of the public hearing, the
documents and testimony submitted at the public hearing, and the items taken notice of by the
Hearing Examiner.
Description of Site
12. The site is approximately 3.06 acres in size and relatively flat in topography. The property
is generally rectangular in shape, with a width of approximately 155 feet and a length of
approximately 835 feet.
13. The east end of the site is improved with a single-family dwelling, detached garage, barn and
small shed; and is vegetated with residential landscaping, grasses and a few mature trees. The
remainder of the site is vegetated with grasses. Various types of fencing are located along the
exterior boundaries of the site. See existing site plan dated 11-30-06.
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 2
Design of Preliminary Plat
14. The preliminary plat map of record submitted on November 30, 2006 illustrates a 17,088-
square foot lot for the single-family dwelling and detached garage adjacent to Adams Road; a
5,708-square foot, common open space tract located directly west of such lot; and a 4-foot wide,
4,194-square foot, common open space tract located along the north boundary of the site.
15. The preliminary plat map also illustrates a total of 10 divided duplex lots, each
approximately 5,800 square feet in size, and arranged in duplex pairs each having a combined area
of approximately 11,600 square feet; two (2) divided duplex lots of 5,551 square feet and 5,807
square feet, arranged in a duplex pair having a combined area of 11,358 square feet; and two (2)
divided duplex lots of 8,033 square feet and 15,613 square feet, arranged in a duplex pair having a
combined area of 23,646 square feet.
16. The preliminary plat illustrates a 26-foot wide private road extending westerly through the
site from Adams Road, with an off-set cul-de-sac located at the west end. The lot frontages for
the duplex lot pairs in the preliminary plat, except for Lots 7A and 7B, are each 90 feet. Lots 7A
and 7B paired together have a larger (curvilinear) road frontage, due to their size.
17. The residential density(net) of the preliminary plat is 5.2 dwelling units per acre.
Land Use Designations for Site and Area, Surrounding Conditions
18. Effective January 1, 1991, Spokane County reclassified the zoning of the site and
neighboring land to the Urban Residential-3.5 (UR-3.5) zone; pursuant to the Program to
Implement the Spokane County Zoning Code, a county-wide legislative rezone. See County
Resolution No. 85-0700.
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 designated the site and neighboring land in
the UGA, and retained the zoning of the site and neighboring land.
21. On March 31, 2003, the City of Spokane Valley was incorporated, which includes the site
and the area around the site. On the same date, the City adopted by reference the County's
comprehensive plan, zoning code, subdivision ordinance, zoning and comprehensive plan maps,
and other development regulations; with certain revisions not pertinent to the current proposal.
22. The City Phase I Development Regulations retained the UR-3.5 zoning of the site and
neighboring land, under the City Interim Zoning Code. The site and other land in the City are
designated in the Aquifer Sensitive Area(ASA) Overlay zone of the City Interim Zoning Code.
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 3
23. In 2004, the City amended several of the development standards of the UR-3.5, UR-7 and
other residential zones of the City Interim Zoning Code. See City Ordinance Nos. 04-033 and 04-
046.
24. On August 11, 2005, the Hearing Examiner approved the rezone of 2.7 acres of land located
700 feet southeast of the site from the UR-3.5 zone to the UR-7* zone; and a preliminary plat to
divide such acreage into 14 lots for single-family dwellings, at a density(net) of 5.97 dwelling
units per acre. Such acreage lies along the east side of Burns Road, approximately 300 feet south
of Broadway Avenue. See decision in File No. REZ-05-05/SUB-07-05.
25. On May 10, 2006, the City implemented a new Comprehensive Plan, and updated the City
Phase I Development Regulations to implement the new plan. See City Ordinance Nos. 06-010
and 06-011.
26. On June 13, 2006, the Hearing Examiner approved the rezone of.57 acres located one-
fourth(1/4) mile southwest of the site, along the north side of Valleyway Avenue, 500 feet east of
Evergreen Road, from the UR-3.5 zone to the UR-7* zone. Such land is designated in the Low
Density Residential category of the Comprehensive Plan. See decision in File No. REZ-09-06.
27. The Comprehensive Plan designates the site and neighboring land in the Low Density
Residential category.
28. The Comprehensive Plan designates several acres of land located approximately 750 feet
east of the site, east of Burns Road and south of Broadway Avenue, in the Public/Quasi-Public
category. The land lying north and east of such acreage is designated in the Medium Density
Residential category of the Comprehensive Plan.
29. The Comprehensive Plan designates the land located approximately one-fourth(1/4) mile
west of the site, adjacent to or near the intersection of Evergreen Road and Broadway Avenue, in
the Regional Commercial category; and the land lying north and south of such land along
Evergreen Road in the Office category.
30. Neighboring land generally consists of single-family homes on parcels of 10,000 square feet
or larger in size. A church lies approximately 1,000 feet southeast of the site, along the west side
of Progress Road. A few duplexes are located within 400 feet of the site; along Valleyway
Avenue to the south, and Mallon Avenue to the north. See County Assessor parcel information in
file.
31. A significant amount of UR-7 zoning is found over 500 feet northwest of the site, north of
Broadway Avenue, along and west of Best Road; and also one-fourth(1/4) mile northeast of the
site, northeast of the intersection of Progress Road and Broadway Avenue.
32. Some small-scale commercial uses are located northwest of the intersection of Broadway
Avenue and Evergreen Road. Some office uses are located along Evergreen Road to the west.
BE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 4
The land located along Sprague Avenue to the south, and Sullivan Road to the east, is dominated
by intensive commercial uses and zoning.
33. The City Arterial Road Plan designates Adams Road, Broadway Avenue and Mission
Avenue in the area as Minor Arterials; and designates Evergreen Road, Sprague Avenue and
Sullivan Road as Principal Arterials. The intersection of Adams Road and Broadway Avenue is
not signalized.
34. Adams Road and Alki Avenue in the vicinity consist of paved 2-lane roads, without curb or
sidewalk. The City recently converted Broadway Avenue from four(4) lanes to three (3) lanes,
including a center turn lane and sidewalk/curb; to reduce speeds and improve the safety of such
roadway. Evergreen Road in the area is improved to five (5) lanes, including a center turn lane
and sidewalk/curb.
Neighborhood Opposition to Proposal
35. Several owners of neighboring property expressed opposition to the proposal; based on such
concerns as increased noise, traffic congestion and traffic safety at the intersection of Adams
Road and Broadway Avenue, pedestrian safety along Adams Road and Alki Avenue, car headlight
impacts, drainage impacts, insufficient off-street parking for proposed duplexes, development of
2-story dwellings on the site, loss of privacy, low income housing, increased crime, transient
owners or renters in proposed duplexes, location of private road in preliminary plat, sewer
capacity impacts, school capacity, impacts on property values, and quality of life impacts.
Relevant Zoning Standards
36. 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 of the Comprehensive Plan, in which the site is designated, are the UR-3.5
and UR-7 zones.
37. The UR-3.5 zone, which zone 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 various other uses; and provides for a maximum residential
density(net) of 4.35 dwelling units per acre, a minimum lot size of 10,000 square feet for a single-
family dwelling, and a minimum lot size of 20,000 square feet for a duplex dwelling.
38. The UR-7 zone, which zone is proposed for the site, 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 same uses as the UR-3.5 zone, as well as multi-family dwellings and certain other more
intensive uses.
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 5
39. The City Phase I Development Regulations limit new residential development in the Low
Density Residential category of the Comprehensive Plan, on land rezoned to the UR-7 under such
regulations, to a density(net) 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.
40. The minimum lot area and minimum lot frontage for a single-family dwelling in the UR-7
zone are 6,000 square feet and 65 feet, respectively. The minimum lot area and minimum lot
frontage for a duplex in the UR-7 zone are 11,000 square feet and 90 feet, respectively. The
maximum building height in both the UR-7 zone and the UR-3.5 zone is 35 feet/2.5 stories.
41. 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
screening requirement would apply along all exterior borders of the site, except adjacent to
Adams Road; and would help buffer the larger single-family lots abutting the site from the smaller
divided duplex lots in the preliminary plat.
42. The divided duplex provisions of Chapter 14.818 of the City Zoning Code permit division of
a duplex and the lot on which it constructed to allow separate ownership of each dwelling unit in
the duplex and the associated portion of the duplex lot, under specified conditions. The duplex
lot is to be divided in a manner that creates as nearly as possible equal lineal road frontage and
yard area for each dwelling unit. A common fire wall meeting regulatory standards must be
provided for the divided duplex. Each duplex lot must meet the development standards for
duplexes for the particular zone involved, prior to the duplex division.
Relevant Policies of Comprehensive Plan
43. 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; such as 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.
44. 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.
45. Policy LUP-2.5 of the Comprehensive Plan recommends that special development
techniques be considered in single-family areas, such as zero lot lines, provided they result in
residential development consistent with the quality and character of existing neighborhoods.
46. 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.
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 6
47. 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.
48. Policy LUP-16.3 of the Comprehensive Plan recommends that adequate emergency
evacuation routes be required prior to approving new development.
49. Policy CFP-4.6 of the Comprehensive Plan recommends that new development connect to
public sewer and water.
50. 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. Policy CFP-8.2 of
the Comprehensive Plan recommends that the review of new residential development consider the
adequacy of school facilities.
51. 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.
52. Policy NEP-19.1 of the Comprehensive Plan recommends that the impacts of a development
proposal on surface water quality be considered before development is approved; and states that
conditioning proposals may be necessary to protect water quality, manage runoff and address
erosion control and sedimentation. Also see stormwater policies under Goal CFG-6 of
Comprehensive Plan.
Transportation Concurrence and Impacts, Fire District requirements
53. The City has adopted the 2001 County Standards for Road and Sewer Construction by
reference, with the reference to "County" in such standards replaced with"City". Such standards
are referenced below as the "City Road Standards".
54. The guidelines set forth in the City Road Standards for planning transportation systems
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-vehicle conflict points, considering traffic
generators in designing a street system in a proposed development, prohibiting new direct
residential lot access to Urban Principal and Urban Minor Arterials, and consideration of
bordering arterial routes. See City Road Standards, p. 1-8.
55. The City Road Standards vest the City Public Works Department-Development Engineering
Division("City Engineering") with broad discretion in selecting the roadway section to be applied
in constructing new city roads and improving existing city roads, based on numerous factors.
This includes consideration of such factors as the functional classification of the road, density and
zoning in the area, terrain, cost relationship of road improvements, traffic volume, terrain, density
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 7
of existing development, proposed or existing zoning, existing roads in the immediate area and
surrounding developments; and other public health, safety and welfare considerations. See City
Road Standards, Section 3.03.
56. The City Road Standards, in Section 1.08, authorize City Engineering to approve deviations
from such standards applied to a proposed development; subject to receiving written evidence
from the developer that the proposed deviation does not conflict with a condition of approval, is
based on sound engineering principles and meets requirements for safety, function, appearance
and maintainability. City Engineering may apply conditions to the approval of design deviations.
57. The City Road Standards generally require the construction of curb and sidewalk along the
public road frontage of new developments located within urban land use zones. Where sidewalks
are required, they must be separated from the curb and an adjacent planting strip or drainage
Swale, unless a design deviation is approved by City Engineering based on local conditions.
58. The City Engineering conditions of approval for the project require the applicant to improve
Adams Road along the frontage of the site by installing three (3) feet of additional asphalt, curb,
gutter, separated sidewalk and a roadside drainage swale.
59. The City Road Standards specify an improved width of 24 feet for a private road serving
from 7-20 lots, and state that the traveled way of a private road shall be designated as a fire lane
under the Uniform Fire Code adopted by the City. See City Road Standards, Table 3.03 and
Section 3.22. City Engineering standards require the private road in the preliminary plat, which
would serve a maximum of 13 lots, to be improved to a minimum width of 24 feet.
60. The conditions of approval recommended by Spokane County Fire District 1 require the
private road to be improved to a width of 26 feet, pursuant to Appendix D of the International
Fire Code adopted by the City; require the private road to be posted for "no parking" and as a
"fire lane"; require the installation of a fire hydrant on the site; and find the proposed cul-de-sac
turnaround to be adequate. The preliminary plat provides a 26-foot wide private road, as required
by the fire district's conditions.
61. The environmental checklist submitted by the applicant states, on page 4, that the private
road in the preliminary plat will be a gravel road. The City Road Standards require private roads
located within a mandated non-attainment area for suspended particulates to be paved, and allow
private roads in other areas to be improved with an all-weather surface. See City Road
Standards, Section 3.22 and Table 3.03.
62. The Examiner takes notice that the urban areas of Spokane County, including Spokane
Valley, have in the past been part of a non-attainment area for suspended particulates (PM-10),
mandated by federal authorities.
63. The conditions of approval submitted by the Spokane County Air Pollution Control
Authority(SCAPCA) for the project recommend that access roads and all other traveled surfaces
in new development be paved. Paving the private road in the preliminary plat is necessary to
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 8
reduce dust and noise impacts to adjacent single-family homes, which are in close proximity to the
proposed private road.
64. City Engineering condition#3 on page 15 of the Staff Report should be revised to clarify
that the private road in the preliminary plat shall be paved.
65. The City Phase I Development Regulations require all development projects to comply with
the transportation concurrency requirements set forth in the City Road Standards, by preserving
an acceptable level of service (LOS) for traffic at City road intersections. The City Road
Standards require signalized intersections to meet LOS "D"requirements, and un-signalized
intersections to meet LOS "E"requirements. City Road Standards, Section 1.20.
66. The City Road Standards authorize City Engineering to determine the scope of a traffic
impact study for a project, ranging from an in-depth analysis of site-generated levels of service to
a cursory review of safety issues; based on engineering judgment whether the project is likely to
generate enough peak hour trips to lower or aggravate the minimum acceptable level of service,
or whether an existing traffic route with a history of accidents will be impacted by an increase in
traffic from the proposal. See City Road Standards, Section 1.30.
67. The applicant submitted a trip generation and distribution letter prepared by a licensed
professional traffic engineer to City Engineering. The letter found that the project will likely
generate only 10 AM peak hour trips and 13 PM peak hour trips; 60% of the traffic volumes
generated by the project would occur along Adams Road between the site and Broadway Avenue,
with such traffic splitting evenly east and west of the intersection of Adams Road and Broadway
Avenue, and 40% of the traffic volumes would be distributed south of the site along Adams Road.
68. The tri p g eneration and distribution letter concluded that the project would not adversely
impact the level of service (LOS) at area intersections, due to the low traffic volumes generated
by the project, and the relatively low existing traffic volumes existing along Adams Road and
Broadway Avenue.
69. The City Comprehensive Plan, on pages 48, indicates that the un-signalized intersection of
Adams Road and Broadway Avenue functioned at an acceptable LOS C in 2005, and the
intersection is expected to function at an acceptable LOS E in 2011.
70. The City Road Standards require a minimum intersection distance of 300 feet for any street
intersecting with a Minor Arterial, and a minimum intersection distance of 150 feet for any street
intersecting with a Local Access street or Collector Arterial; measured between the centerlines of
the streets.
71. On October 20, 2006, the applicant submitted a letter requesting City Engineering to
approve a design deviation under the City Road Standards, to allow the private road in the
preliminary plat to be placed approximately 198 feet from Adams Road, measured between the
respective centerlines of Adams Road and the private road. The letter included and relied on the
trip generation and distribution letter referenced above.
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72. The design deviation request noted that the private road in the preliminary plat would
terminate in a cul-de-sac approved by Spokane County Fire District 1, would not connect to any
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other City streets or provide through traffic, was located approximately 301 feet from Alki Street
(measured between centerlines); and that existing levels of service and traffic safety at nearby road
intersections would not be adversely impacted due to the low levels of traffic generated by the
project and the distribution of traffic from the project.
73. It is not clear if the above intersection standard is intended to apply to intersecting private
roads, since the City Road Standards define "road" and"street", in pertinent part, as "...any
avenue, street...or other public passageway", and separately define a"private road". See City
Road Standards, Section 1.02.
74. Whether or not the intersection spacing of the private road in the preliminary plat is required
to be approved by City Engineering through the design deviation process set forth in the City
Road Standards, City Engineering is required to review the design of the private road; including
ensuring that the private road will not obstruct public road circulation, and complies with the
standards established for private roads. See City Road Standards, Sections 3.22 and 1.02, and
Table 3.03.
75. The City's Development Engineer, Henry Allen, issued a written"design deviation" to the
applicant on February 7, 2007; to allow the private road in the preliminary plat to be placed
approximately 200 feet from Adams Road, instead of at the 300-foot intersection spacing required
for Urban Minor Arterials such as Adams Road. The design deviation was approved subject to
the private road having an"Urban Driveway-Separated Sidewalk" approach at Adams Road, and
a cul-de-sac at its west end. See City Road Standards, Sheet A-4 of Standard Plans.
76. The applicant's representative, Don Skillingstad, stated at the public hearing that the private
road could not be located further to the south, because there was insufficient space (32 feet)
between the existing home on the site and the south border of the site to locate the 26-foot wide
private road. This is due to the 15-foot minimum front yard setback of the UR-7* zone applicable
to the residence and the private road.
77. The distance between the existing residence and the north property line of the site is
approximately 80 feet, which allow the private road to be placed north of the existing residence
on the site and easily meet the 15-foot minimum front yard setback of the UR-7* zone.
78. Don Skillingstad also indicated that placing the private road south of the residence on the
site would conflict with the intersection spacing required for Alki Avenue to the south. This is
incorrect; because Alki Avenue is a Local Access road, the City Road Standards require an
intersection spacing of only 150 feet for a Local Access road, and the centerline of Alki Avenue is
located approximately 165 feet south of the site.
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 10
79. City Engineering certified in writing that the project met transportation concurrency
requirements on January 18, 2007, based on a finding that sufficient roadway capacity exists in the
City street system to accommodate the uses and densities proposed by the preliminary plat.
80. The traffic concerns submitted by neighboring property owners were not supported by
traffic engineering evidence; and were insufficient to rebut the traffic engineering data and
conclusions provided by the applicant's engineer and City Engineering.
81. Neighboring property owners failed to establish, by competent proof, that the project would
have any significant adverse impact on the levels of service or traffic safety at area road
intersections, or on pedestrian safety along Adams Road or Alki Avenue; the design deviation
approved by City Engineering for the private road was inappropriate; or the conditions of
approval recommended by City Engineering were insufficient to mitigate the traffic impacts of the
project.
82. Spokane County Fire District 1 recommended conditions of approval, but did not object to
approval of the preliminary plat as conditioned.
83. The aerial photo in the file illustrates that the dwelling portion of the residence (Gary
Redmond) located northeast of the site across Adams Road, and the dwelling portion of the
residence located east of the site across Adams Road, lie several feet north and south,
respectively, of the alignment of the road approach of the private road in the preliminary plat
along Adams Road. This substantially mitigates the vehicle headlight impact generated by future
traffic exiting the project along Adams Road.
Drainage and Erosion Impacts
84. The applicant indicated that drainage from the impervious surfaces in the roject would be
P J
directed to common open space Tract B in the preliminary plat, and would comply with City
drainage standards. The environmental checklist indicated that project drainage would be
collected, treated and infiltrated into the ground on the site.
85. The 1998 County Guidelines for Stormwater Management, adopted by reference by the
City, and referred to below as the "City Guidelines for Stormwater Management", contain strict
controls for the discharge and treatment of stormwater generated by development.
86. The City Guidelines for Stormwater Mangement prohibit the discharge of stormwater off-
site in excess of pre-development volumes, and at points where stormwater was not legally
discharged in the past; require the adequacy of soils for subsurface infiltration to be established,
and require that stormwater generated by development be treated in biofiltration swales before
being discharged subsurface onsite or discharged offsite.
87. City Engineering conditions require the applicant to submit final drainage and road plans
that conform to the City Guidelines for Stormwater Management, and to provide temporary
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 11
erosion and control measures during construction. This will ensure appropriate drainage on the
site and adjacent property, and the protection of adjacent property from erosion.
• 88. Some owners of property abutting the site on the south expressed concern regarding
additional drainage reaching their property from the recent installation of public sewer in the
vicinity, and regarding future drainage from the proposal. However, such owners did not
establish that the drainage conditions recommended for the project by City Engineering would be
insufficient to ensure protection of neighboring properties from the drainage generated by site
development.
Impacts to School and Parks
89. Central Valley School District#356 submitted written comments advising that the district
expects to have room for additional students at current levels of service until September of 2008;
noted that the applicant planned to develop the site as soon as possible; and found that if the
project is built out in 2007, as planned, the district would have sufficient capacity to handle the
new students who reside in the project, although the district may need to bus students to other
schools in the district.
90. Central Valley School District#356 indicated that if the project would generate few
additional students, if developed for senior housing as contemplated by the applicant. The
applicant indicated at the public hearing that seniors would be targeted in marketing the duplex
lots in the project, but could not restrict the housing to seniors or guarantee the limitation of
housing in the project to seniors.
91. The Comprehensive Plan does not adopt levels of service for public schools, and allows
each school district to adopt its own levels of service.
92. The Comprehensive Plan states that Central Valley School District's greatest need is to
develop new elementary school capacity in the east end of the district, away from the area of the
site; the district has recently acquired two properties in the east end of the district for a new
elementary school, the district will need to construct a new high school and middle school in the
next 20 years, and the district currently has a site for a new middle school in the Liberty Lake
area.
93. The Comprehensive Plan indicates that the City currently has adequate park capacity to
meet the level of service adopted in the Comprehensive Plan of 1.92 acres per 1,000 persons, and
plans to purchase additional parkland by 2011 to maintain a surplus of parkland. City Parks and
Recreation did not comment on the project.
94. The City Phase I Development Regulations do not require direct concurrency for schools,
parks, law enforcement services or fire protection services. Accordingly, the Examiner lacks
authority to condition or deny the proposal based on its capacity impacts on such public services.
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 12
Public Sewer and Water Concurrency
95. The County Division of Utilities, and Vera Water and Power, respectively certified the
availability of public sewer and water for the proposal. County Utilities and Spokane Regional
Health District conditions of approval require the final plat to connect to public sewer and water.
96. The proposal com p lies with the public sewer and water concurrency requirements s of the
City Phase I Development Regulations.
Consistency with Comprehensive Plan, and Development Regulations
97. The Staff Report found the preliminary plat and rezone, as conditioned, to be consistent
with the Comprehensive Plan and applicable development regulations. The Examiner concurs
with such analysis, as supplemented herein.
98. The site is appropriate for a rezone to the UR-7* zone; considering that the UR-7* zone
specifically implements the Low Density Residential category of the Comprehensive Plan in which
the site and neighboring land is designated, the location of the site along a designated Minor
Arterial and its proximity to the major transportation systems in the area, the location of the site in
a developed urban residential area, and the high level of public services available to the project.
99. The applicant indicated that the proposed duplex division of the lots in the preliminary plat
would encourage the purchase of the lots as permanent residences, rather than rentals. The
environmental checklist submitted by the applicant for the application advises that the housing
units would cater to middle income purchasers. The application states that there is a reduced
inventory of developable duplex/multi-family residential land in the City, and a need for housing
opportunities other than single-family residential.
100. Neighboring property owners submitted no definitive evidence that the project would have
any significant adverse impact on property values in the area, or any significant increase in crime
in the area.
101. The parking standards of the City Interim Zoning Code require that a minimum of two (2)
off-street parking spaces be provided for each duplex dwelling unit and single-family dwelling unit
developed on the site. The parking spaces may be stacked in the driveway to meet such
standards. The environmental checklist submitted for the application indicates that at least two
(2) off-street parking will be supplied for each lot.
102. The maximum building height in the UR-7* zone and the UR-3.5 zone is the same, 35
feet/2.5 stories. If the site was developed for single-family homes or duplexes in the UR-3.5
zone, which zone currently applies to the site, such units could be developed to a height of 2.5
stories and 35 feet, regardless of the height of neighboring residences.
103. The conditions of approval recommended by the City Planning Division for the project
require each duplex lot in the preliminary plat to be developed in compliance with the duplex
division requirements of the City Interim Zoning Code.
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 13
104. 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. The
DNS issued for the application was not appealed.
105. 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.
Compliance with Design Criteria in Interim Subdivision Ordinance
106. 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; as required
by the City Interim Subdivision Ordinance.
107. 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; as required by the City Interim Subdivision Ordinance.
108. The 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; as required by the City Interim Subdivision Ordinance.
Changed Conditions Supporting a Rezone of the Site
109. Significant changes have occurred in the area since the zoning of the site was reclassified to
the UR-3.5 zone by the County in 1991, and continued by the City when it incorporated in 2003.
This includes the extension of public sewer to the area, designation of the site and neighboring
land in the Low Density Residential category of the City Comprehensive Plan, adoption of the
City Phase I Development Regulations, inclusion of the site and neighboring land in the City of
Spokane Valley, and the recent land use approvals in File Nos. REZ-05-05/SUB-07-05 and REZ-
09-06.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The City Interim 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.
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 14
However, proof of a substantial change of circumstances is not required if the rezone implements
the comprehensive plan of the local government.
3. RCW 36.70B.030 requires that a comprehensive plan and development regulations adopted
by local government under the State Growth Management Act (GMA) serve as the foundation for
project review; and that where standards for development are specified in local development
regulations, or in the absence of applicable development regulations, are addressed in a
comprehensive plan, such regulations, or the comprehensive plan, respectively, are determinative
of the standards of development for the land use action.
4. If the proposed rezone to the UR-7* zone meets the rezone criteria established in Section
14.402.020(1) and Washington case law, the Hearing Examiner cannot question the density(net),
lot sizes, lot frontages, lot configuration or proposed land uses in the preliminary plat; since such
features of the preliminary plat comply with the development standards of the UR-7* zone. See
RCW 36.70B.030.
5. 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 Interim Subdivision Ordinance, and Chapter 10.35 of the Spokane Valley
Municipal Code (SVMC).
6. 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.
7. Under Washington case law, community displeasure, standing alone, cannot form the basis
for denying a land use application. Such views must be related to the approval criteria established
for the application, and supported by competent evidence.
8. The proposed rezone to the UR-7* zone, as conditioned, generally conforms to the
Comprehensive Plan and complies with the City Phase I Development Regulations.
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 preliminary plat and dedication, as conditioned, generally conform to the
Comprehensive Plan; will serve the public use and interest; and make appropriate provision for the
public health, safety and general welfare.
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 15
12. The preliminary plat and dedication, as conditioned, 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.
13. The proposed subdivision, as conditioned, meets the general design requirements specified
in Section 12.400.122 of the City Interim Subdivision Ordinance, and the other requirements for
the approval of preliminary plats listed in Chapter 12.400 of such ordinance.
14. 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 probable,
significant, adverse impact on the environment.
15. 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.
16. Approval of the zone reclassification is appropriate under Chapter 14.402.020(1) of the City
Zoning Code, SVMC Chapter 10.35 and Washington case law.
17. Approval of the preliminary plat is appropriate under SVMC Chapter 10.35, the City
Interim Subdivision Ordinance and Chapter 58.17 RCW.
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.
Conditions of Approval:
A. General
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 the land currently referenced as County Assessor's tax parcel
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 16
no. 45143.0171. The UR-7* zone imposes a maximum residential density(net) of six(6)
dwelling units per acre.
2. The final plat shall be developed in substantial conformance to the preliminary plat map of
record submitted on November 30, 2006, including a maximum of twelve (12) duplex division lots
and one (1) single-family lot, for a maximum of 13 total dwelling units. 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-10-06 shall automatically expire on April 16, 2012, unless a
time extension is approved for the preliminary plat. 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 Spokane Valley Interim Zoning Code
("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.
8. Each dwelling unit comprising a duplex shall have individual utility systems and separate
residential systems as would be required of any single-family dwelling.
9. Additionally, the dedicatory language shall provide that each owner of a duplex dwelling
unit shall equally share in the cost of maintaining and/or repairing the common sewer system.
This cost-sharing provision shall be reduced to writing, executed by the owners of the duplex
dwelling units, run with the land and not be terminable without approval of the Community
Development Department at the City of Spokane Valley.
10. Each duplex dwelling unit shall have direct access to its associated yards.
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 17
11. The division of duplex dwelling units under Chapter 14.818 of the Zoning Code shall
apply to vertical lines, with no horizontal overlapping of ownership over or under either duplex
unit.
12. The final plat dedication shall contain language, or make reference to documentation
containing language recorded with the Spokane County Auditor's Office, governing the
easements for ingress/egress, utilities, drainage, as well as obligations governing maintenance,
repairs or additions to either dwelling unit comprising a duplex in the final plat. The dedicatory
language or documentation shall also provide that it shall not be amended except with prior
approval of the Community Development Department. The dedicatory language or
documentation shall state that, in the event it is necessary to replace more than fifty percent
(50%) of either dwelling unit comprising the duplex for any reason whatsoever, including, but
not necessarily limited to fire, explosion or other destructive forces, said dwelling unit shall be
rebuilt or restored as a duplex.
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 final 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,
the final plat 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 2001 City of Spokane Valley 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. Pursuant to Section 12.400.144 (Filing) of the Subdivision Ordinance, the City of Spokane
Valley shall record the final plat and dedication with the Spokane County Auditor's Office, upon
the receipt of all required signatures on the face of the plat; provided that, the applicant shall
submit prior to such recording all required recording fees, including appropriate fees to pay for
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 18
the cost of three (3) copies of the recorded final plat for distribution to the City Planning,
Engineering and Building Divisions.
3. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance,
the preliminary plat approval for SUB-10-06 shall automatically expire five (5) years after
preliminary approval is granted unless a time extension is approved for the project. If a request for
an extension of time is not submitted and approved, the preliminary approval expires and the plat
is null and void. The expiration date for SUB-10-06 shall be established from the day after the
appeal expiration date of the Hearing Examiner's written decision and shall be established within
the body of the Examiner's decision.
4. Pursuant to Section 12.100.118 (Extensions of Time) of the Subdivision Ordinance an
application form and supporting data for time extension requests must be submitted to the
Director at least thirty(30) calendar days prior to the expiration of the preliminary plat approval.
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 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. Such a violation 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 final plat 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 Zoning Code, 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.
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 north, west and south
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.
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 19
2. Pursuant to Section 12.400.134 (Professional Land Surveyor) of the Subdivision Ordinance,
the 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 Chapter
58.09), Survey and Land Descriptions (WAC Chapter 332-130), and the 2001 City Interim
Standards for Road and Sewer Construction, as amended.
3. The final plat shall comply with all submittal requirements specified in Chapter 12.400 of
the Subdivision Ordinance.
4. Pursuant to Section 12.400.144 (Filing) the City of Spokane Valley shall record with the
Spokane County Auditor's Office the final plat, upon receipt of all required signatures on the face
of the plat, provided that also pursuant to this Section, the applicant shall submit prior to
recording all required recording fees to pay for the cost of three (3) copies of the recorded final
plat for distribution to the City of Spokane Valley 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 zoning district or successor zoning
designation to the extent permitted by Washington State law in effect at the time of building
permit application."
SPOKANE COMMUNITY DEVELOPMENT DEPARTMENT—BUILDING DIVISION:
6. A grading permit shall be submitted and issued per City of Spokane Valley Municipal Code
(SVMC) Chapter 10.15, Article II, Excavation, Fill and Grading) prior to receiving final plat
approval for SUB-10-06.
•
7. The common wall (firewall) installed between each duplex unit shall comply with all
provisions of the Uniform Building Code as adopted in RCW Chapter 19.27.
PO
S KANE VALLEY PUBLIC WORKS DEPARTMENT-DEVELOPMENT
ENGINNERING
DIVISION:
8. 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 City Interim
Standards for Road and Sewer Construction(or as amended), the 1998 City Interim Guidelines
for Stormwater Management (or as amended), Spokane Valley Stormwater Ordinance 05-013,
and all other applicable standards.
9. Frontage improvements are required for Adams Road. Adams Road is a Minor Arterial
street and requires frontage improvements. These improvements include 23 feet of asphalt from
road centerline, Type B curb and gutter (2 feet), 10-foot roadside swale, and a 5-foot sidewalk for
a total width 40 feet. The existing right-of-way consists of 20 feet from centerline to property. A
right-of-way dedication of 7 feet and a border easement of 13 feet are required. The right-of-way
dedication and border easement shall be designated on the final plat language and map. Right-of-
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 20
way dedication and boarder easement were determined assuming the center of the road coincides
with the center or the right-of-way.
10. The private road shall be designed and constructed to public/private street standards found
in the 2001 City Interim Road and Sewer Standards. The private road identified as Springfield
Lane shall have a width of at least 24 feet, an Urban Driveway- Separated Sidewalk approach at
Adams Road, and a cul-de-sac at its end.
11. All utility easements shall be shown on the final plat. The permittee is responsible for
arranging all necessary utility adjustments, relocations, or improvements required for completion
of the project. All rigid objects shall be located outside the clear zone as specified in the 2001
Spokane County Road and Sewer Standards, or as amended.
12. Permits are required for any access to or work within the right-of-way of the City of
Spokane Valley roadway system.
13. For the installation of utilities in the Spokane Valley roadway system, the applicant is
required to submit civil plans which show the extent of pavement removal and replacement. A
cross section that shows: the existing lane width and replacement lane width, pavement thickness,
top course thickness, cross slope, profiles showing the centerline and left and right edge of
pavement including grades and changes in elevation from existing, and how the replaced roadway •
ties into the existing network.
14. A landscaping plan that shows the landscaping proposed to be placed in the vegetated
stormwater facilities must be submitted with the site construction plans for review.
15. Driveway approach design shall follow the 2001 Spokane County Road and Sewer
Standards or as amended. If an existing approach is altered or abandoned the unused portion of
the original approach needs to be removed and replaced with curb, gutter, and sidewalk match
that which is adjacent. A concrete approach for the private road shall be used for its connection
to the public road.
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 for review.
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. This manual
shall include a discussion of the design life of the various components, recommended repair and
maintenance schedules, and calculated annual costs for repair and maintenance and replacement
costs for each component of the systems. The manual shall specify the recommended individual
month homeowner financial assessment to accomplish the identified maintenance and replacement
costs.
18. The latest soils information can be found online at http://websoilsurvey.nrcs.usda.gov/app/.
The engineer is required to use the latest information found online.
19. The Washington State Department of Ecology requires all drywells (existing and
proposed) to be registered through the state. Copies of the registration is required to be
submitted to Public Works Department as part of the Construction Certification Package.
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 21
20. Before final plat approval, the applicant or successors in interest shall submit written
evidence of the formation of a Homeowner's Association. The Homeowner's Association shall
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.
21. Final plat language will be determined at the time of final plat submittal. Please contact
Spokane Valley Public Works to obtain this language.
SPOKANE REGIONAL HEALTH DISTRICT
22. The fmal plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
23. 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.
24. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
25. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
26. 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.
26. 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 plant,
on the face of said water plan that the plan is in conformance with their requirements and will
adequately satisfy their respective needs. Said water plan and certification will be drafted on a
transparency suitable for reproduction.
27. 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.
28. 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.
29. A statement shall be placed in the final plat dedication to the effect that: "A public sewer
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 22
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."
30. The final plat dedication shall state: "Use of private wells and water systems is
prohibited."
31. The final plat dedication shall state: "The public water system, pursuant to the Water Plan
approved by County and State health authorities, Spokane County Fire District 1, the City of
Spokane Valley Building and Planning Divisions, 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:
32. If gates are proposed, a "to-scale" drawing shall be submitted for review of final plat
application.
33. A detailed water plan is required showing existing/proposed hydrant locations.
34. The installation of new fire hydrant shall be installed at the northeast corner of Lot 2A.
35. The private road shall be named Springfield Lane, and lots shall be addressed on
Springfield.
36. The private road and turnaround shall be posted on both sides as "No parking-Fire Lane".
37. The private road shall be 26 feet wide and posted on both sides as "Fire Lane-No
Parking."
38. Addresses shall be posted during construction.
AVISTA UTILITIES:
39. A five-foot (5') utility easement strip is required along the north property line of Tract A.
40. A ten-foot (10') foot wide utility easement strip is required along the boundary of
Springfield Lane and along the property's boundary line adjacent to Adams Road. Utility
easements are to be located behind and separate from sidewalks and planned drainage facilities
(border easements).
41. 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 brick, rock, or masonry that may interfere with the rights
granted herein. The installation of streetlight poles is also prohibited unless installed by the
serving utility. Utility companies shall also have the right to trim or and/or remove trees, bushes,
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 23
landscaping and to prohibit structures that may interfere with the construction, reconstruction,
reliability, maintenance, and safe operation of same."
QWEST:
42. A ten (10)-foot wide dry utility easement is required immediately adjacent to the south.
side of Springfield Lane, and extending around the cul-de-sac to the northeast corner of Lot 7B.
This should be a common easement for gas, electric, TV, and phone.
SPOKANE COUNTY DIVISION OF UTILITIES:
43. The final plat dedication shall state: "Public sewers shall be constructed to p rovide 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."
i
44. Easements shall be clearly delineated and labeled on the face of the plat as Public Sanitary
Sewer. The final plat 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."
45. 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.
46. Sewer plans acceptable to the Division of Utilities shall be submitted before final plat
approval.
47. 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.
48. Security shall be submitted to the Division of Utilities prior to approval of the Sewer
Design Plan.
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 24
VERA WATER AND POWER:
49. A utility easement and water plan is required.
50. Each half(1/2) of the proposed duplexes with a common wall and located on an individual
lot shall have an individual water and electric meter.
C. Prior to or during on-site construction, the applicant or successors in interest shall:
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINNERING
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.
2. The Temporary Erosion and Sedimentations Control(TESC) structures shall be installed
prior to the start of site work and maintained throughout the duration of the construction and
until the site has stabilized.
3. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
4. Construction within the proposed public streets and easements shall be performed under
the direct supervision of a licensed Washington State Professional Engineer/Land Surveyor, who
shall furnish the City Engineer with"Record Drawing"plans and a certification package certifying
all improvements were installed to the lines and grades shown on the approved construction plans
and that all disturbed monuments have been replaced. All work is subject to inspection and
approval by the City Engineer or by his/her staff. The certification package submittal shall follow
all applicable standards.
5. NOTICE—The Regional Pavement Cut Policy may prevent or limit pavement cuts in the
adjacent street(s). There is a three (3)-year moratorium on pavement cuts for newly paved
streets.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
6. Dust emissions during demolition, construction, and excavation projects shall be controlled.
Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers
or suspension of activity during certain weather conditions.
7. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto
paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately
to clean these surfaces.
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 25
8. Debris generated as a result of this project shall be disposed of by means other than burning.
9. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
10. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
11. A Notice of Construction and Application for Approval shall be submitted and approved by
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.
12. A Notice of Intent shall be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application.
SPOKANE TRIBE OF INDIANS:
13. 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:
14. Proper erosion and sediment control practices maybe 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
manual/manual.html. All ground disturbed by construction activities must be stabilized. When
appropriate, native vegetation typical of the site should be used.
15. All new dry wells and other injection wells must be registered with the Underground
Injection Control program(UIC) at Department of Ecology prior to use and discharge form the
well(s) must comply with the ground water quality requirement(nonendangerment standard) a the
top of the ground water table. Contact the UIC staff at UIC program for registration forms and
further information.
16. Routine inspections and maintenance of all erosion and sediment control Best Management
Practices (BMPs) are recommended both during and after development of the site.
17. A Stormwater Pollution Prevention Plan for the project site may be required and should be
developed by a qualified person(s). Erosion and sediment control measures in the plan must be
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 26
implemented prior to any clearing, grading, or construction. These control measures must be
effective to prevent soil from being carried into surface water by stormwater runoff. Sand, silt,
and soil can damage aquatic habitat and are considered pollutants. The plan must be upgraded as
necessary during the construction period.
18. Proper disposal of construction debris must be in such a manner that debris cannot enter
the natural stormwater drainage system or cause water quality degradation of surface waters.
Dumpsters and refuse collection containers shall be durable, corrosion resistance, nonabsorbent,
nonleaking, and have close fitting covers. If spillage or leakage does occur, the waste shall be
picked up immediately and returned to the container and the area properly cleaned.
19. During construction, all release of oils, hydraulic fluids, fuels and other petroleum
products, paints, solvents, and other deleterious materials must be contained and removed in a
manner that will prevent their discharge to waters and soils of the state. The cleanup of spills
should take precedence over other work on the site. If the contractor does not know how to
properly clean up a spill or wishes to check on approval of a clean up technique, please feel free
to contact the Department of Ecology 24-hour Spill Response Program.
20. On-site septic tank and drainfield systems are designed to treat and dispose of domestic
wastewater or its equivalent only. Commercial industrial operations discharging wastes other
than domestic wastewater to on-site systems may result in ground water contamination and could
{ cause the facility owner or operator to incur severe liabilities.
21. The operator of a construction site that disturbs one acre of more of total land area, and
which has or will have a discharge of stormwater to a surface water or to a storm sewer, must
apply for coverage under Department of Ecology's Baseline General Permit for Stormwater
Discharges Associated with construction activities.
22. Owners of sites where less than one (1) acre of total land area will be disturbed must also
apply if the construction activity is part of a larger plan of development or sale in which more than
one acre will eventually be disturbed. Discharge of stormwater form such sites without a permit
is illegal and subject to enforcement action by the Department of Ecology.
DATED this 16th day of April, 2007
CITY HEARING EXAMINER PRO TEM
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Mic ael C. Dempsey, WSBA#8,
HE Findings, Conclusions and Decision REZ-35-06/SUB-10-06 Page 27
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 April 16, 2007. THE APPEAL CLOSING DATE IS APRIL 30, 2007.
The be 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 Ue 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-35-06/SUB-10-06 Page 28