SUB-02-07 0
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CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Preliminary Plat, in the )
Urban Residential-3.5 (UR-3.5) Zone; ) FINDINGS OF FACT,
Applicant: Layne Merritt ) CONCLUSIONS OF LAW,
File No. SUB-02-07 ) AND DECISION
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I. SUMMARY OF DECISION
Hearing Matter: Application for a preliminary plat, in the Urban Residential-3.5 (UR-3.5) zone.
Summary of Decision: Approve application, subject to conditions of approval. The preliminary
plat will expire on January 4, 2013. An application to request an extension of time for the
preliminary plat must be submitted at least 30 days prior to the expiration date.
II. FINDINGS OF FACT
1. The application requests approval of a preliminary plat, to further divide Lot 2 of Short Plat
No. SHP-22-04, within a 5-year period, into four (4) lots for single-family dwellings; in the Urban
Residential-3.5 (UR-3.5) zone.
2. The site is located along the west side of Long Road, approximately 165 feet south of the
intersection of Long Road and Second Avenue, in Spokane Valley, Washington. The property is
situated in the NW 1/4 of Section 19, Township 25N, Range 45 EWM of Spokane County,
Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 55192.0368, and is
addressed at 216 Long Avenue, Spokane Valley, Washington.
4. The applicant for the proposal is Layne Merritt, 216 S. Long Avenue, Spokane Valley, WA
99016. The site owners are Layne and Ann Merritt, at the same address.
5. On March 29, 2005, Short Plat No. SHP-22-04 was recorded with the Spokane County
Auditor. The short plat divided 2.58 acres of land into two (2) lots for single-family dwellings,
each fronting along Long Road. This includes Lot 1, comprised on 28,289 square feet; and Lot 2,
comprised of 1.75 acres and representing the current site.
6. On May 23, 2007, the a pp licant submitted a com p lete a pp lication for the preliminary p lat.
7. On July 20, 2007, the Spokane Valley Department of Community Development-Planning
Division ("City Planning Division") issued a Determination of Nonsignificance (DNS) for the
application. The DNS was not appealed.
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8. On September 6, 2007, the Hearing Examiner held a public hearing. The notice
requirements for the public hearing were met.
9. The following persons testified at the public hearing:
Christine Johnson, Assistant Planner Layne Merritt
City of Spokane Valley Community 216 S Lang Road
Development Department, Planning Division Spokane Valley, WA 99016
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
10. The Hearing Examiner heard the proposal pursuant to the City Interim Subdivision
Ordinance, Chapter 10.35 of the Spokane Valley Municipal Code (SVMC), and the City Hearing
Examiner Rules of Procedure.
11. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
Interim Zoning Code, Interim Subdivision Ordinance, Phase I Development Regulations, and
Municipal Code; other applicable development regulations; and prior land use decisions in the
vicinity.
12. The record includes the documents in the project 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.
13. The site is approximately 1.15 acres in size and L-shaped. The northeast portion of the site
is improved with a residence. The topography of the property is rolling, with the steepest slope
being approximately 10% and located along the southeast property line. The property is
vegetated with grass, shrubs and deciduous trees. The applicants currently reside on the site.
14. The preliminary plat map of record submitted on May 23, 2007 illustrates division of the
1.75-acre site into four (4) lots, ranging from 16,721 to 21,302 square feet in size.
15. The applicant's residence located on Lot 1 of the preliminary plat would directly access
Long Road. The other lots would access Long Road through a 20-foot wide driveway easement
extended from east to west through each lot to Long Road.
16. The density(net) of the preliminary plat is approximately 2.29 dwelling units per acre. The
lots in the preliminary plat would be served with public sewer and water.
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17. The site and neighboring land are designated in the Low Density Residential category of the
City Comprehensive Plan and zoned Urban Residential-3.5 (UR-3.5); except for the large area
occupied by Greenacres Elementary east of the site, which is designated in the Public/Quasi-
Public category of the Comprehensive Plan.
18. The land lying north of Second Avenue (extended west), north and northwest of the site, is
designated in the Corridor Mixed Use category of the Comprehensive Plan, and zoned
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Community Business (B-2) or Urban Residential-22 (UR-22). The UR-22 zone was approved in
2002 for the development of a retirement center. See decision in ZE-1 5-02.
19. A significant portion of the land lying northeast of the site, between Second Avenue
extended east and Sprague Avenue, is zoned Urban Residential-7* (UR-7*).
20. Land use in the vicinity is dominated by single-family homes on lots of various sizes;
including numerous urban-sized lots in new subdivisions, and some recent short plats approved to
the southeast and southwest.
21. The City Arterial Road Plan designates Long Road as a Collector Arterial, Sprague Avenue
as a Minor Arterial, and Appleway Avenue as a Principal Arterial.
22. The only concerns from neighboring property owners expressed regarding the proposal
were submitted by Gerald Orlowski, Sr., who resides approximately 200 feet south of the site
along the west side of Manifold Lane.
23. Gerald Orlowski expressed concern that drainage from Lots 3 and 4 in the current
preliminary plat would increase the potential for flooding of a catch basin for drainage that lies
directly south of Lot 4, on a .63-acre tract of common open space in the plat of Longview PUD.
Orlowski also recommended that the existing pasture type fencing bordering Lots 3 and 4 be
changed to residential fencing, for various reasons. See letter dated 7-13-07 from Gerald
Orlowski.
24. The UR-3.5 zone is intended to promote areas of primarily single-family residences in an
urbanized neighborhood setting. Such zone permits single-family dwellings, duplexes, and
various other uses; and a maximum residential density of 4.35 dwelling units per acre. The
minimum lot size and minimum lot frontage for a single-family dwelling in the UR-3.5 zone are,
respectively, 10,000 square feet and 80 feet. The preliminary plat complies with, or will be
required to comply with, such development standards.
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25. 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 's
development and enforcement of the City's land use regulations and joint planning.
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26. Policies LUP-1.4 and LUP-2.3 of the Comprehensive Plan encourage the development of t
transportation routes and facilities to serve residential neighborhoods; with special attention given
to pedestrian circulation, biking and transit uses.
27. 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.
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28. Policy LUP-16.3 of the Comprehensive Plan recommends that adequate emergency
evacuation routes be required prior to approving new development.
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29. Policy TP-2.1 of the Comprehensive Plan recommends that street designs complement
adjacent development. Policy TP-2.2 discourages private roads as a principal means of access to
developments.
30. Policy TP-9.8 of the Comprehensive Plan recommends that pedestrian facilities such as
sidewalks be required in all new developments.
31. Policy NEP-20.5 of the Comprehensive Plan recommends that parking lots and streets in
new development be paved, to mitigate adverse impacts on air quality.
32. Policy NEP-19.1 of the Comprehensive Plan recommends that the impacts of a development
proposal on surface water quality be considered before development is approved; and indicates
that conditioning proposals may be necessary to protect water quality, manage runoff and address
erosion control and sedimentation.
33. 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.
34. The City Road Standards require the construction of curb, gutter and separated sidewalk
along the frontage of new developments within urban land use zones. The City Road Standards
also establish standards for the construction of new access roads, and the reconstruction of
existing access roads; and give the City Engineer discretion in prescribing the actual roadway
section required based on a number of factors, and approving design deviations in appropriate
circumstances. See Road Standards, Chapter 3.
35. City Engineering conditions of approval require the applicant to improve Long Road along
the frontage of the site to a Collector Arterial road standard; including the installation of asphalt,
curb and sidewalk; but authorize such improvements to be accomplished through a future City
road project, or the participation of the owner(s) of the property in a Local Improvement District
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(LID) that may be formed by the City in the future, in lieu of installing the improvements prior to
site development.
36. City Engineering conditions note that the proposed driveways on Lot 1 of the preliminary
plat extending to Long Road do not meet the requirements of the City Road Standards; and that if
a design deviation is not approved for such driveways by City Engineering, and all four(4) lots
are required to share a common driveway, the applicant will have to provide a private road to
serve such lots. This is because a private driveway can only serve a maximum of three (3) lots
under the City Road Standards.
37. City Engineering conditions of approval require the submittal of drainage plans for the final
plat of the project, which must comply with the City Guidelines for Stormwater Management.
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Such regulations generally p rohibit new development from increasing the volume of drainage on
neighboring properties, and from discharging existing drainage at new locations on adjoining land.
38. The applicant, Layne Merritt, advised that he planned to contain all the drainage generated
by new impervious surfaces developed on the site within a central location in the final plat, and
that the drainage swale located on the common open space tract south of Lot 4 in the preliminary
plat would not be affected. The applicant also indicated that he preferred to allow perimeter
fencing around Lot 4 to be addressed by the future homeowner, and that this would likely
alleviate the concerns expressed by Gerald Orlowski, Sr. regarding the existing fencing on such
lot.
39. County Utilities and Consolidated Water District No. 19 respectively certified that public
water and water are available to serve the site. The conditions recommended by the Spokane
Regional Health District and County Utilities require the preliminary plat to be served with public
sewer and water. The proposal meets the public sewer and water concurrency requirements of
the City's Phase I Development Regulations.
40. Central Valley School District#356 commented that it expected to have room for future
students for lots in the project occupied by the fall of 2008. The City Phase I Development
Regulations do not require direct concurrency for schools.
41. 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; considering
the zoning of the area, the location of other urban housing in the vicinity, and the availability of
public services to the site;
42. 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. 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.
43. No public agencies objected to the proposal, as conditioned, or its environmental impact,
other than SCAPCA's comments regarding the private driveway. As conditioned, the proposal
will not have more than a moderate effect on the quality of the environment.
44. The preliminary plat has been conditioned for compliance with the UR-3.5 zone, the City
Interim Zoning Code, the City Interim Subdivision Ordinance, and other applicable development
regulations.
45. As conditioned, the preliminary plat will be reasonably compatible with neighboring land
uses, and will not adversely impact the public health, safety and general welfare.
Based on the above findings of fact, the Hearing Examiner enters the following:
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CONCLUSIONS OF LAW
1. Section 12.300.102 of the City Interim Subdivision Ordinance requires land proposed to be
re-divided into four (4) or more lots, within five (5) years of being short platted, to be approved
through the subdivision process set forth in Chapter 12.400 of the City Interim Subdivision
Ordinance. Accordingly, preliminary plat approval is required for the proposed division of the site
into four (4) lots.
2. The preliminary plat and dedication, as conditioned, conform to the City Comprehensive
Plan and will serve the public use and interest.
3. The preliminary plat and dedication, as conditioned, make appropriate provision for the
public health, safety and general welfare; and also 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, noise and dust emissions, sanitary wastes, potable water
supplies, easements, utilities, planning features, critical areas, and all other relevant facts as
specified in RCW 58.17.110 and the City Subdivision. Ordinance.
4. The preliminary plat, as conditioned, meets the general design and other requirements listed
in Chapter 12.400 of the City Subdivision Ordinance for a proposed subdivision.
5. The proposed preliminary plat, as conditioned, conforms to the City Comprehensive Plan,
and bears a substantial relationship to the public health, safety and welfare.
6. The procedural requirements of the State Environmental Policy Act and the City's Local
Environmental Ordinance have been met. The DNS issued for the preliminary plat is appropriate.
7. The proposal, as conditioned, complies with the UR-3.5 zone, the City Interim Zoning
Code, the City Phase I Development Regulations, the City Interim Subdivision Ordinance, and
other applicable development regulations. v
8. The procedural requirements of the State Environmental Policy Act and the City
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Environmental Ordinance have been met. The proposal, as conditioned, will not have a ,'
significant, probable adverse impact on the environment. Y
9. Approval of the preliminary plat application is appropriate under Chapter 10.35 of the City
Municipal Code, and the City Interim Subdivision Ordinance.
IV. DECISION 1
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
preliminary plat is hereby approved, subject to the conditions of the various agencies specified
below.
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Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
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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 conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The final plat shall have a maximum of four (4) residential lots, unless a modification to
the preliminary plat is approved pursuant to Section 12.100.120 (Modifications) of the Spokane
Valley Interim Subdivision Ordinance Subdivision Ordinance. The final plat shall be
designated in substantial conformance with the preliminary plat map of record submitted on
May 23, 2007.
2. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance, the
preliminary plat approval for SUB-02-07 shall automatically expire on January 4, 2013, unless a
time extension is approved for the project. If a request for an extension of time is not timely
submitted as required by the City Subdivision Ordinance (as amended) and approved, the
preliminary approval expires and the plat is null and void.
3. Pursuant to Section 12.100.118 (Extension 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.
4. 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 Interim 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. 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.
5. Pursuant to Section 14.616.375 (Utilities) of the Subdivision Ordinance, all overhead utility
hardware must be placed underground.
B. Prior to final plat approval, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. Pursuant to Section 12.400.134 (Professional Land Surveyor) of the Subdivision Ordinance,
submit a final plat 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
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shall comply with the Survey Recording Act (RCW Chapter 58.09), Survey and Land
1 Descriptions requirements of WAC Chapter 332-130, and the City of Spokane Valley's Interim
Standards for Road and Sewer Construction, as amended.
2. The final plat shall comply with all submittal requirements specified in Chapter 12.400 of the
Subdivision Ordinance.
3. Pursuant to Section 12.400.1.44 (Filing) of the Subdivision Ordinance, the City of Spokane
Valley will record the final plat with the Spokane County Auditor's Office, 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 including appropriate 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.
4. Submit a final plat containing the following note on the face of the plat: "All lots within this
plat shall comply with the building setback, maximum building height, maximum lot coverage and
other applicable lot development standards of the UR-3.5 zone or successor zoning designation to
the extent permitted by Washington State law in effect at the time of building permit application."
5. Place a note in the final plat dedication stating "Access on the private driveway/utility
easement is limited to Lots 2-4. Lot 1 and adjacent parcels outside the final plat are restricted
from use of the private driveway/utility easement."
6. Assign and indicate a name for the subdivision on each page of the final plat map.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—BUILDING
DIVISION:
7. Submit and receive issuance of a grading permit pursuant to Chapter 10.15, Article II
(Excavation, Fill and Grading) of the Spokane Valley Municipal Code (SVMC).
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SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING ri
DIVISION:
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8. Frontage improvements on Long Road may be deferred as described below, but the right-of- i',
way and border easements shall be dedicated as calculated from the City Road Standards and
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indicated below.
9. Long Road is designated as a Collector Arterial street. Frontage improvements include 18.5
feet of asphalt width from road centerline, Type B curb and gutter (2 feet), 10 foot roadside
swale, and a 5 foot sidewalk. The total width of improvements is 35.5 feet. Current right-of-way 1
is 40 feet; 1/2 of the right-of-way equals 20 feet. The minimum 1/2 right-of-way width, which
extends form the right-of-way to back of sidewalk, of 13 feet is required. This shall be designated
on the final plat language and map. The right-of-way dedication and border easement width was t
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determined assuming that the center of the road coincides with the center of the right-of-way. t
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The applicant shall confirm the right-of-way location and width(s). Note—the building setback
begins at the edge of the border easement.
10. To construct the street improvements stated above, the applicant may, with the approval of
the Director of Community Development,join in and be a willing participant in any petition or
resolution the purpose of which is the formation of a Local Improvement District (LID) for said
improvements pursuant to RCW Chapter 35.43, as amended. At such time as a LID is created or
any Street Improvement Project in sanctioned by Spokane Valley, the improvements required will
be at the sole expense of the undersigned owner, their heirs, grantees and assigns. This agreement
extends for 10 years from the time of final plat approval. This provision is applicable to Long
Road which provides access to site.
11. As an alternative method of constructing the street improvements stated above, the
applicant may, with the approval of the Public Works Director, accomplish the street
improvements by joining and participating in a City Street Project (CSP) to the extent of the
required street improvement. At such time as a LID is created or any Street Improvement Project
is sanctioned by Spokane Valley, the improvements required will be at the sole expense of the
undersigned owner, their heirs, grantees and assigns. This provision is applicable to Long Road
which provides access to the site.
12. As an alternative method of constructing the street improvements stated above, the
applicant may, with the approval of the Community Development Direct, accomplish the street
improvements by joining and participating in a City Street Project (CSP) to the extent of the
required street improvement. At such time as a LID is created or any Street Improvement Project
is sanctioned of Spokane Valley, the improvements required will be at the sole expense of the
undersigned owner, their heirs, grantees and assigns. This provision is applicable to Long Road
which provides access to the site.
13. The drainage report shall, along with the items normally included per the County Guidelines
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for Stormwater Management, as adopted by the City, also include tables in the report text that
summarize the calculations and that include the following information for each basin:
a. Amount of area that will need treatment of its Stormwater i
b. Volume of Stormwater requiring treatment,
c. Volume of treatment being provided,
d. Volume of swales/ponds/needed for Stormwater disposal,
e. Volume of swales/ponds provided for Stormwater disposal, L
f. Stormwater discharge leaving the site before development, and,
g. Stormwater discharge leaving the site after development.
14. If the City of Spokane Valley's swale/pond design method(Ordinance 05-013) is used, then
the maximum depth of the water for treatment is six(6) inches.
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15. Show all 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 affect utilit y i
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regarding private service, utility improvement, and any relocation and adjustment costs. All rigid
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objects shall be located out of the clear zone, These clear zone requirements can be found in the
2001 Spokane County Road and Sewer Standards, as adopted by the City or as amended
(hereafter referenced as "City Road Standards").
16. For the installation of utilities (sewer, water, etc) in the Spokane Valley roadway system,the
applicant is required to submit civil engineering plans that show the extents of pavement removal
and replacement; a cross section that shows existing lane width and replacement lane width,
pavement thickness, top course thickness, cross slope; profiles showing centerline, right and left
edge pavements including grades and changed in elevation from existing, and how the replaced
roadway ties into the existing roadway(tapers, etc).
17. If sewer and/or water needs to be brought to the properties, and this requires an Engineering
design, copies of the approved sewer and water plans shall be submitted to Development
Engineering.
18. Driveway approach design shall follow the City Road Standards. If at the time of
construction Long Road does not have full-width pavement or curb and gutter, and if the
improvements are proposed to be done through a LID, a rural driveway approach may be used
with the approach starting at the edge of the existing pavement. Note: the proposed driveways
accessing Long Road from Lot 1 do not meet City Road Standards. A private road will be
required, if at the time of approach permit application the applicant is unable to obtain a deviation
approval for the proposed approaches, and all four lots are required to share a single driveway.
Private driveways may only provide access from a roadway for up to 3 lots.
19. If the newly created lots are used for any use other than single-family dwellings, full
improvements to Long Road are required.
20. The soils information data in the hardcopy version of NRCS Soil Survey for Spokane
County is outdated and no longer supported by NRCS. The latest soils information can be found
online at http://websoilurvey.nrcs.usda.gov/app. The engineer is required to use the most recent
data found online.
21. All new dry wells and other injection wells much be registered with the Underground
Injection Control program(UIC) at the State Department of Ecology prior to use, and the
discharge from the well(s) must comply with the groundwater quality requirement
.(nonendangerment standard) at the top of the ground water table. Contact the UIC staff at UIC
Program, Department of Ecology, PO Box 47600, Olympia, WA 98504-7600 360-407-6143> or
go to www.ecy.wa.gov/programs/wq//grndwtr/uic/registration/reg_info.html, for registration
forms and further information. Copies of the registration for drywells which receive Public Road
runoff are to be sent to Development Engineering. The City of Spokane Valley NPDES permit
number is WAR04-6507.
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22. The edge of the private driveway approach, at the right-of-way line, must be 7.5 feet from
the lot line. This may require a widening of the easement for the driveway at the right-of-way 1 '!.
line.
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23. Plat language will be determined at the time of final plat submittal. Contact Development
Engineering prior to the first submittal of a final plat to obtain appropriate 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 City of Spokane Valley Planning Division to the utility companies, the City
of Spokane Valley Public Works Department and the Spokane Regional Health District.
26. The 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 demonstrate to the satisfaction of the Spokane
Regional Health District that an adequate and potable water supply is available to each lot in the
plat.
30. Prior to filing the plat, the sponsor shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
31. A 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.
32. A statement shall be placed in the dedication to the effect that: "A public sewer system will
be made available for the plat and individual service will be provided to each lot prior to sale. Use
of individual on-site sewage disposal systems shall not be authorized."
33. The dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
34. The final plat dedication shall contain the following statement: "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 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
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issuance of a building permit for each lot."
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SPOKANE COUNTY DIVISION OF UTILTIES:
1 35. A side sewer easement with a width acceptable to the Spokane County Division of Utilities
shall be shown on the face of the plat as "Private Sewer and Utilities Easement".
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".
37. 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
fr
connections and facilities for review and approval. Commercial developments shall submit
historical and or estimated water usage as part of the sewer plan submittal. The project lies in the
Flora Meadows sewer agreement area. The applicant should contact Kevin Cooke, Spokane
County Utilities, at 477-3604, regarding such agreement.
38. Sewer plans acceptable to the Division of Utilities shall be submitted prior to submittal of
the final plat.
39. 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:
40. Fire apparatus access roads and turnarounds shall be posted on both sides as "Fire Lane No
Parking."
41. Addresses shall be posted at the entrance of the private driveway in order to be visible from
Long Road during and after construction. Numbers shall be a minimum of four (4) inches tall and
contrasting to the background.
AVISTA UTILITIES:
42. Dedicate a 5-foot wide utility easement along the north boundary line of the 20-foot wide fr
private driveway easement.
43. Include the following language in the final plat dedication: "Dry utility easements shown on
the herein described plat are hereby dedicated for the use by serving utility companies for the
construction, reconstruction, maintenance, protection, inspection and operation of their respective
dry facilities; i.e. fiber optics, cable, phone, natural gas and electric. The rights granted herein
shall prohibit the encroachment of drainage swales or 208 structures when they interfere with the
utilization of these easement strips by the serving utilities; changes in-grade that alter coverage
over installed facilities; installation of water meter boxes; placement of surface structures of brick,
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rock or masonry that interfere with the rights granted herein. The installation of street light poles
is also prohibited, unless installed by the serving utility company. Utility companies shall also
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have the right to trim or remove trees, bushes, and landscaping,p g, without compensation, when they
are situated within the easement strip. This provision shall not prohibit fences or any lateral
crossings of the easement strips with domestic water or sewer lines."
SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION:
44. If frontage improvements are constructed, or if the area of new impervious and/or new
gravel traveled way is over 5000 square feet, a Professional Engineer, licensed in the State of
Washington, shall submit on the applicant's behalf a final street drainage plan and a drainage
report including calculations that conform to the 2001 Edition of the Spokane County Standards
for Road and Sewer Construction(or as amended), Spokane Valley Ordinance 05-013 (or as
amended) and all other Federal, State and Local regulations.
C. Prior to or during on-site construction, the applicant or successors in interest shall:
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
1. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
2. Dust emissions during demolition, construction, and excavation projects must be controlled.
This may require the use of water sprays, tarps, sprinklers or suspension of activity during certain
weather conditions.
3. Measures must be taken to avoid the deposition of dirt and mud frooin.unpaved surfaces onto
paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately
to clean these surfaces.
4. Debris generated as a result of this project shall be disposed of by means other than burning.
5. If objectionable odors result from this project, effective control apparatus and measures
must be taken to reduce odors to a minimum.
6. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
7. A Notice of Construction and Application for Approval is required to 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 M IBTU/hr (input) or higher. Contact SCAPCA for
a Notice of Application.
HE Findings, Conclusions and Decision SUB-02-07 Page 13
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i8. A Notice of Intent must 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.
DATED this 4"'day of January, 2008
CITY HEARING EXAMINER PRO TEM
flirfF At
Michael C. Dempsey, W it A#:.4►.,
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 10.35 of the Spokane Valley Municipal Code (SVMC), the decision of
the Hearing Examiner on a preliminary plat is final and conclusive unless within twenty-one (21)
calendar days from the issuance of the Examiner's decision, a party with standing files a land use
petition in superior court pursuant to chapter 36.70C RCW. Pursuant to chapter 36.70C RCW,
the date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed.
This Decision was mailed by Certified Mail to the Applicant and by first class mail to other
parties of record on January 4, 2008. The date of issuance of the Hearing Examiner's decision is
therefore January 7, 2008, counting to the next business day when the last day for mailing falls on a
weekend or holiday. THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR
COURT BY LAND USE PETITION IS JANUARY 28, 2008, counting to the next business day
when the last day for mailing falls on a weekend or holiday.
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 SUB-02-07 Page 14