SUB-02A-06 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Preliminary Plat, in the )
Urban Residential-22 (UR-22) Zone; ) FINDINGS OF FACT,
Applicant: Steve Turney and Tim O'Neill ) CONCLUSIONS OF LAW,
File No. SUB-02A-06 ) AND DECISION
)
I. SUMMARY OF DECISION
i Hearing Matter: Application for a preliminary plat, in the Urban Residential-22 (UR-22) zone.
Summary of Decision: Approve application, subject to conditions of approval. The preliminary
plat will expire on September 4, 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.
II. FINDINGS OF FACT
1. The application seeks approval of a preliminary plat to divide 1.8 acres of land into 20 lots,
for 21 dwelling units, in the Urban Residential-22 (UR-22) zone. This includes one (1) lot for a
single-family dwelling, one (1) lot for a duplex, and 18 lots for divided duplexes.
2. The property is located along the east side of Felts Road, 400 feet south of the intersection
of Felts Road and Fourth Avenue; and is situated in the NE 1/4 of Section 20, Township 25N,
Range 44 EWM of Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45201.1314, and is
legally described on the preliminary plat map of record.
4. The applicant for the proposal is Sun Pine Partners, LLC; do Steve Tumey and Tim
O'Neill, 212 Ironwood Drive, Suite D, Coeur d' Alene, Idaho 83814. The site owner is Steve
Turney, at the same address.
5. On August 25, 2006, the Hearing Examiner approved an application to rezone the site from
the Urban Residential-3.5 (UR-3.5) zone to the UR-22 zone; and a preliminary plat to divide the
site into ten(10) lots for single-family dwellings. A final plat was not approved for such project.
6. On January 16, 2007, the applicant submitted a complete application for a preliminary plat in
the current file.
7. On May 11, 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.
HE Findings, Conclusions and Decision SUB-02A-06 Page 1
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8. On June 20, 2007, the Hearing Examiner held a public hearing. The notice requirements for
the public hearing were met. The following persons testified at the public hearing:
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Micki Harnois, Assistant Planner Greg McCormick
City of Spokane Valley Community City of Spokane Valley Community
Development Department, Planning Division Development Department, Planning Division
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Steve Turney Wim Gregory
212 Ironwood Drive D-213 10320 E. 4"'
Coeur d' Alene, Id 83814 Spokane Valley, WA 99206
g k 9. 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.
10. 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; and other applicable development regulations; and prior land use decisions in the
vicinity.
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11. 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 email correspondence and the
items taken notice of by the Hearing Examiner.
1 12. The site is 1.8 acres in size and rectangular in shape. The site is relatively flat in
topography. A single-family home and detached garage are located in the southwest corner of the
property. The site is vegetated with trees, grass and shrubs.
13. The preliminary plat map submitted on February 6, 2007 illustrates one (1) lot of 7,497
square feet for the existing residence; one (1) lot of 7,065 square feet for a duplex; and 18 lots for
divided duplexes, ranging from 3,158 square feet to 3,570 square feet in size. The existing
residence would remain on the site, but the detached garage and another accessory structure on
the site would be removed for development.
14. The density(net) of the preliminary plat of record is approximately 13.9 dwelling units per
acre; based on dividing the total number of dwelling units (21) by the net acreage of the site (1.8
gross acres minus .28 acres reserved for private roads=1.52 acres). See definition of"density" in
Section 14.300.100 of the City Interim Zoning Code; as amended in the former County Zoning
Code by County Resolution No. 3-0022, prior to incorporation of the City.
15. The Staff Report does not correctly calculate the density(net) of the preliminary p lat� since
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it assumes only 20 dwelling units.
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16. The internal road system proposed in the development consists of two (2) 28-foot wide
private roads. The road system connects to Felts Road in one location, and extends to the east
and south borders of the site in one location each.
17. On September 19, 2005, the Hearing Examiner approved the rezone of 2.85 acres of land,
lying directly west and southwest of the site across Felts Road, from the UR-3.5 zone to the UR-
22 zone; along with a preliminary plat to divide such land into 16 lots for single-family dwellings
and two common open space tracts. See decision in File No. REZ-I3-05/SUB-09-05. Road
improvements, including additional asphalt and sidewalk, have been installed along the west side
of Felt Road for such project.
18. On May 10, 2006, the City implemented a new Comprehensive Plan, pursuant to City
Ordinance No. 06-010. The City Phase I Development Regulations were updated to implement
the Comprehensive Plan, pursuant to City Ordinance No. 06-011.
19. On June 16, 2006, the Hearing Examiner approved the rezone of.98 acres of land located
approximately 300 feet southwest of the site, between the land rezoned UR-22 zone in File No.
REZ-13-05/SUB-09-05 and the land zoned UR-22 located along Eighth Avenue to the
southwest. The application in such file was reviewed under the Interim Comprehensive Plan and
prior version of the City Phase I Development Regulations. See decision in REZ-03-06.
20. The site, and neighboring land located to the east and south, are designated in the Low
Density Residential category of the City Comprehensive Plan. The land lying north and west of
the site is designated in the High Density Residential category; except for a few parcels located
some distance west of the site, which are designated in the Public/Quasi-Public category.
21. Neighboring land is generally zoned UR-3.5, except for the UR-22 zones located to the
southwest. Neighboring land generally consists of single-family dwellings on various sized lots,
undeveloped land, scattered duplex dwellings, and multi-family dwellings on land zoned UR-22
located to the southwest. Two duplexes, on land zoned UR-3.5, are located directly west and
northwest of the site, across Felts Road.
22. Some parcels zoned UR-22 are found along or near the west side of University Road to the
east and northeast; and are developed for a child care center, assisted living facility or duplexes.
This includes a parcel rezoned to the UR-22 zone in 1997, and a parcel rezoned to the UR-22
zone in 2005. See decisions in File Nos. ZE-17-96 and REZ-02-05.
23 A public transit center is located at the northwest corner of University Road and 4th Avenue,
on land zoned UR-22. The land located along the north side of Appleway Avenue, and on both
sides of Sprague Avenue in the area, is dominated by intensive commercial uses on land zoned
Regional Business (B-3). A school that previously served as a high school is located south of
Ninth Avenue in the area.
24. The City Arterial Road Plan designates University Road as an Urban Principal Arterial,
Eighth Avenue as an Urban Minor Arterial, Fourth Avenue and Fan Road as Urban Collector
Arterials, and Sprague Avenue and Appleway Avenue as Urban Principal Arterials.
HE Findings, Conclusions and Decision SUB-02A-06 Page 3
25. Ted Burciu, the owner of a single-family residence located directly south of the east end of
the site, along Sixth Avenue, submitted an email expressing opposition to the project; based on
housing density, lot size, traffic, noise, air pollution, and inconsistency of project with neighboring
single-family homes.
26. Wim Gregory, who owns an acre of land lying directly north of the east end of the site,
expressed concern at the public hearing regarding the approval of a rezone for the site to the UR-
22 zone in 2006, with a concurrent application for a preliminary plat to divide the site into 10 lots
for single-family dwellings; and use of the UR-22 zone that was approved to submit the current
preliminary plat, which would more than double the density(net) of the project. Gregory
indicated his concern was directed more at the City's planning efforts in the area than the project
itself.
27. The applicant indicated at the public hearing that the real estate market in the area had
changed since the site was rezoned in 2006; housing prices for standard sized single-family homes
were now pricing retirees and young persons out of the market; and there would be a demand for
such persons to purchase the small lots in the project as permanent homes.
28. The UR-22 zone permits various types of residential and public/semi-public uses; including,
without limitation, single-family, duplex, multifamily, retirement housing, day care center, church,
library, business and professional offices. The minimum lot area for a single-family dwelling unit
in the UR-22 zone is 1,600 square feet, and for a duplex is 3,200 square feet. A duplex is
required to have at least 40 feet of road frontage, and a minimum depth of 80 feet.
29. The divided duplex provisions of Chapter 14.818 of the City Interim 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.
30. The Staff Report establishes that the preliminary plat complies with the development
standards for single-family homes, duplexes and divided duplexes in the UR-22 zone.
31. The UR-22 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 the east, south and north borders of the site.
32. The UR-22 zone does not implement the Low Density Residential category of the
Comprehensive Plan, under the City Phase I Development Regulations. However, the rezone of
the site to the UR-22 zone in 2006 was based on the site being designated in the Urban Activity
Center category of the City Interim Comprehensive Plan at the time the rezone application was
submitted; which land use category was implemented by the UR-22 zone at the time.
HE Findings, Conclusions and Decision SUB-02A-06 Page 4
0 33. 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.
34. 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.
35. Policy LUP-16.1 of the Comprehensive Plan encourages new developments to be a1Tanged
in a pattern of connecting streets and blocks to allow people to get around easily by foot, bicycle
and car.
36 Policy LUP-16.3 of the Comprehensive Plan recommends that adequate emergency
evacuation routes be required prior to approving new development.
37. 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.
38. Policy TP-9.8 of the Comprehensive Plan recommends that pedestrian facilities such as
sidewalks be required in all new developments.
39. 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.
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40. 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.
41. 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.
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42. 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.
HE Findings, Conclusions and Decision SUB-02A-06 Page 5
43. City Engineering conditions of approval require the applicant to install frontage
improvements along Felts Road; including additional pavement, curb, gutter, drainage and
sidewalk.
44. City Engineering condition of approval#23, listed on page 9 of the Staff Report, requires
full cul-de-sacs to be constructed at the ends of the two private roads in the preliminary plat.
Steve Turney, the site owner, indicated at the public hearing that this requirement was currently
being negotiated with City Engineering, and the City may allow a hammerhead turnaround to be
constructed at the end of the private roads instead of cul-de-sacs.
45. Steve Turney indicated that if cul-de-sacs were required at the end of the private roads, 3-4
lots would be lost at the end of such road; and if a hammerhead turnaround was allowed, one (1)
lot would be lost at the end of the private road that terminates along the east border of the site.
46. The applicant submitted a trip distribution letter prepared by a licensed professional traffic
engineer, which letter indicates that the maximum 20 PM peak hour trips generated by the project
was unlikely to have any significant adverse impact on the surrounding public transportation
system. Such analysis is directed primarily at the level of service (LOS) at the street intersections
in the area that would serve the project.
47. City Engineering certified transportation concurrency for the project under the City Phase I
Development Regulations, in its written comments submitted on April 18, 2007. The conditions
of approval submitted by City Engineering imply acceptance of the traffic analysis submitted by
the applicant's traffic engineer. The City Road Standards measure transportation concurrency in
terms of the LOS at road intersections impacted by a project.
48. The City Phase I Development Regulations require direct concurrency only for public sewer,
public water and transportation. Direct concurrency is not required for schools, parks, police, fire
or other items of public infrastructure and services.
49. Central Valley School District submitted a letter on May 14, 2007 indicating that it expects
to have room for the future students in the project if it is built out by 2008.
50. County Utilities and Modern Electric Water Company 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.
51. The preliminary plat will provide stormwater treatment and disposal in accordance with the
County Guidelines for Stormwater Management, as adopted by the City, and other stormwater
requirements adopted by the City.
52. Considering the UR-22 zoning of the site, and the location of UR-22 zoning located west
and southwest of the site; the design, shape, size and orientation of lots in the preliminary plat are
HE Findings, Conclusions and Decision SUB-02A-06 Page 6
appropriate for the proposed use of such lots, and the character of the area in which the lots are
located.
53. 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 conditioned, the road alignments in the preliminary plat 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.
54. No public agencies objected to the proposal, as conditioned, or its environmental impact.
As conditioned, the proposal will not have more than a moderate effect on the quality of the
environment.
55. The preliminary plat has been conditioned for compliance with the UR-22 zone, the City
Interim Zoning Code, the City Interim Subdivision Ordinance, and other applicable development
regulations; and to assure consistency with the City Comprehensive Plan.
56. 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:
CONCLUSIONS OF LAW
1. 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.
2. 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).
3. Under Washington case law, where there is a conflict between the policies of a
comprehensive plan, and the zoning code or other development regulations adopted by the local
government, the zoning code and development regulations are controlling over the policies of a
comprehensive plan.
HE Findings, Conclusions and Decision SUB-02A-06 Page 7
4. 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.
5. Based on RCW 36.70B.030, the Hearing Examiner cannot question the density, lot size, lot
frontage, lot depth or uses in the preliminary plat; because such features of the preliminary plat are
consistent with the development standards of the UR-22 zone that apply to the site.
6. City Engineering condition #23, on page 9 of the Staff Report, should be revised to allow
for the provision of hammerhead turnarounds at the end of the private roads in the preliminary
plat, if found to be acceptable to City Engineering.
7. The preliminary plat, as conditioned, generally conforms to the Comprehensive Plan; to the
extent the policies of the Comprehensive Plan are consistent with the UR-22 zoning of the site.
8. The preliminary plat, as conditioned, meets the concurrency requirements of the City Phase I
Development Regulations.
9. The preliminary plat and dedication, as conditioned, will serve the public use and interest;
and make appropriate provision for the public health, safety and general welfare.
10. The preliminary plat and dedication make appropriate provision for open spaces, roads,
drainage ways, schools and school grounds, playgrounds, parks and recreation, sidewalks for
children who walk only to school, non-motorized transportation, sanitary wastes, potable water
supplies, easements, utilities, planning features, and all other relevant facts as specified in RCW
58.17.110 and the City Subdivision Ordinance.
11. The proposed subdivision meets the general design requirements specified in Section
12.400.122 of the City Interim Subdivision Ordinance, and other requirements for the approval of
preliminary plats listed in chapter 12.400 of such ordinance.
12. The procedural requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met. The DNS issued for the project is appropriate.
13. The proposal, as conditioned, complies with the UR-22 zone, the Aquifer Sensitive Area
Overlay zone, other applicable provisions of the City Interim Zoning Code, and other applicable
development regulations.
14. 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
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.
HE Findings, Conclusions and Decision SUB-02A-06 Page 8
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 conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The approved preliminary plat shall be designed in substantial conformance to the
preliminary plat map of record submitted on February 6, 2007; and shall have a maximum of
twenty(20) residential lots and 21 dwelling units; unless a preliminary plat modification is
approved pursuant to Section 12.100.120 (Modifications) of the Spokane Valley Interim
Subdivision Ordinance ("Subdivision Ordinance").
2. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance,
the preliminary plat shall automatically expire on September 4, 2012 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.
3. Pursuant to Section 12.100.118 i Exten
( sons 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 s of the preliminary p lat a pp roval or that occurs without
approval, shall be considered a violation of Chapter 58.17 RCW, and shall be restrained b
Pp � P � 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.
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, a final plat shall be submitted and shall be made by or under the supervision of a
professional land surveyor, who shall certify on the final plat that it is a true and correct
representation of the lands actually surveyed. All surveys shall comply with the Survey Recording
HE Findings, Conclusions and Decision SUB-02A-06 Page 9
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Act (RCW Chapter 58.09), Survey and Land Descriptions (WAC Chapter 332-130), and the City
of Spokane Valley's Interim Standards for Road and Sewer Construction, as amended.
2. The submitted final plat application shall comply with all submittal requirements
specified in Chapter 12.400 of the Subdivision Ordinance.
3. Pursuant to Section 12.400.144 (Filing) of the Subdivision Ordinance, the City of
Spokane Valley will 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 such
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. 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-22 zone or successor zoning designation to
the extent permitted by Washington State law in effect at the time of building permit application."
5. The applicant shall apply for and receive a demolition permit and final inspection by City
of Spokane Valley Building Division and Spokane County Air Pollution Authority, prior to final
plat approval, for the existing detached structures indicated to be demolished.
6. A name for the subdivision must be assigned and indicated on each page of the final plat
map.
7. In order to comply with Section 14.622.365 (Walls) of the Spokane Valley Interim 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 along the east,
north and south property line. Further, the applicant shall submit a written agreement agreeing
that the applicant or successors in interest shall continuously maintain in good condition such 6-
foot screening. Further, 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 6-foot screening along the portion of the property under ri
their direct control.
8. The final plat dedication shall contain language, or adopt by reference documentation
containing such language, for the divided duplex lots; which governs the easements for
ingress/egress, utilities, drainage, and obligations governing maintenance, repairs or additions to
each dwelling unit comprising the duplex. The language shall also provide that it not be
amended, except with prior approval of the Community Development Department. The
language shall further 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.
HE Findings, Conclusions and Decision SUB-02A-06 Page 10
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT
ENGINEERING DIVISION:
9. Frontage improvements are required on Felts Road. Felts Road is designated as a Local
Access street. Frontage improvements include 15 feet of asphalt width from road centerline,
Type B curb and gutter (2 feet), 10 foot roadside swale, and a 5 foot sidewalk. The total width of
improvements is 32 feet. Current right-of-way is 40 feet; 1/2 of the right-of-way being 20 feet.
The minimum 1/2 right-of-way width, which is 2 feet behind the curb is 19 feet. The border
easement, which extends to back of sidewalk, of 12 feet is required. This shall be designated on
the final plat language and map. The border easement width was determined assuming that the
center of the road coincides with the center of the right-of-way. The applicant is to confirm right-
of-way location and width(s). Note—the building setback begins at the edge of the border
easement.
10. A Professional Engineer, licensed in the State of Washington and retained by the applicant,
shall submit final street and drainage plans and a drainage report, including calculations that
conform to the 2001 Edition of the Spokane County Standards for Road and Sewer Construction
(as adopted by the City, or as amended), the 1998 Spokane County Guidelines for Stormwater
management (as adopted by the City, or as amended), Spokane Valley Ordinance 05-013 (or as
amended) and all other Federal, State and Local regulations.
11. NOTICE—The Regional Pavement Cut Policy(County Standards, Technical Reference F)
may prevent or limit pavement cuts in the adjacent street(s). There is a three-year moratorium on
pavement cuts for newly paved streets. Please contact the City right-of-way inspector(688-0053)
for further information.
12. Driveway approach design shall follow the 2001 Spokane County Road and Sewer
Standards, as adopted by the City or as amended.
13. All new drywells and other injection wells must be registered with the Underground
Injection Control program(UIC) at Department of Ecology prior to use and the discharge from
the well(s) must comply with the ground water quality requirement (nonendangerment standard)
at the top of the ground water table. Contact the UIC staff at UIC Program for registration forms
and further information. For drywells that receive public road stormwater runoff, copies of the
registration are to be sent to the Public Works Department.
14. When improvements occur on an existing road, the applicant shall also incorporate into the
plans any existing driveways and fixed objects (e.g. curbs, powerpoles, etc.) within the project
limits.
15. The applicant shall show any utility easements (i.e. telephone, power, etc.) The permittee is
responsible for arranging for all necessary utility adjustments, relocations, or improvements as
required for completion of the project. The applicant needs to contact the purveyors of each
affected utility regarding private service, utility im p rovement, and any relocation and adjustment
costs. All rigid objects shall be located out of the clear zone. These clear zone requirements can
HE Findings, Conclusions and Decision SUB-02A-06 Page 11
be found in the 2001 Spokane County Road and Sewer Standards, as adopted by the City or as
amended.
16. A landscaping plan, which shows the landscaping pro osed to be placed in vegetated
ed
stormwater facilities, such as channels, ditches, swales, ponds, etc., must be submitted with the
site construction plans for review.
17. A Temporary Erosion and Sedimentations Control (TESC) plan, prepared by a Washington
State licensed Professional Engineer retained by the applicant, shall be prepared and submitted
with the site construction plans and will cover all construction activities for the improvements
proposed in these plans. The TESC plan is to follow 1998 Spokane County Guidelines for
Stormwater Management, as adopted by the City or as amended.
18. Soils information: the data in the hardcopy version of the NRCS Soil Survey for Spokane
County is outdated and no longer supported by NRCS. The latest soils information can be found
online at http://websoilsurvey.nres.usda.gov/app/. The applicant's engineer is required to use the
most recent data found online.
19. Plat language will be determined at the time of final plat submittal. Contact the Public
Works Department prior to first submittal of final plat to obtain plat language.
20. If the City of Spokane Valley's swale/pond design method(see Ordinance No. 05-013) is
used then the maximum depth of the water for treatment is six(6) inches.
21. For the installation of utilities (sewer, water, etc.) in the Spokane Valley roadway system,
the applicant's engineer is required to submit civil plans which show the extents of pavement
removal and replacement; a cross section which shows existing lane width and replacement lane
width, pavement thickness, top course thickness, cross slope; profiles showing centerline, right
and left edge of pavements including grades and changes in elevation from existing, and how the
replace roadway ties into existing (tapers, etc.)
22. Copies of the approved sewer and water plans are required to be submitted to the City
Public Works Department.
23. All internal streets shall be designed to the private street standards in the 2001 Spokane
County Road and Sewer Standards, as adopted by the City or as amended. The internal street
layout shall be coordinated with Public Works Department. Full cul-de-sacs, or hammerhead
turnarounds if authorized by City Public Works, shall be provided at the ends of the streets.
24. The applicant is re q uired to provide street name signs, stop signs, pavement markings, and
all other necessary permanent traffic control measures for all newly created streets. The location
of the signs must be called out on the civil plans. The installation of the signs must be completed
prior to acceptance of the Construction Certification Package.
25. Prior to construction plan acceptance by the Public Works Department, the applicant or
their successors in interest shall submit an Operations and Maintenance Manual, prepared by the
HE Findings, Conclusions and Decision SUB-02A-06 Page 12
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,
calculated annual costs for repair and maintenance, and calculated replacement costs for each
component of the systems. The manual shall specify the recommended individual monthly
homeowner financial assessment to accomplish the identified maintenance and replacements tasks.
26. All design and construction documents (plans, reports, etc.) for the Public Works
Department shall be submitted through the Building Division Permit Center located at 11703 East
Sprague Avenue, Suite B-3.
27. Prior to final plat approval, the applicant or successors in interest shall submit written
evidence of the formation of a Homeowner's Association(HOA) to perpetually operate and
maintain the on-site private street and associated facilities, including but not limited to stormwater
systems at the end of the service life of the respective components, and any other improvements
that may be legally required in the future.
SPOKANE REGIONAL HEALTH DISTRICT:
28. The final plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
29. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the Planning Department to the utility companies and the Spokane Regional
Health District.
30. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
31. Water service shall be coordinated through the Director of Utilities, Spokane County.
32. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
33. 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.
34. 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
p• PP y P Y p pp-
by the fire protection district and the appropriate health authorities. The health authorities, water
supplier (purveyor), and the fire protection district will certify, prior to the filing of the final plat,
on the face of said water plan that the plan is in conformance with their requirements and will
adequately satisfy their respective needs. Said water plan and certification will be drafted on a
transparency suitable for reproductions.
35. 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
HE Findings, Conclusions and Decision SUB-02A-06 Page 13
the water system, in accordance with the approved plan and time schedule. The time schedule will
provide, in any case, for completion of the water system and inspection by the appropriate health
authorities prior to application for building permits within the plat. The contractual arrangements
will include a provision holding City of Spokane Valley, Spokane Regional Health District, and
the purveyor harmless from claims by any lot purchaser refused a building permit due to failure of
the plat sponsor to satisfactorily complete the approved water system.
36. 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.
37. The final plat dedication shall state: "A public sewer system will be made available for the
plat and individual service will be provided to each lot prior to sale. Use of individual on-site
sewage disposal systems shall not be authorized."
38. The final plat dedication shall state: "Use of private wells and water systems is
prohibited."
39. The final plat dedication shall state: "The public water system, pursuant to the Water Plan
approved by county and state health authorities, the local fire protection district and water
purveyor, shall be installed within this subdivision and the applicant shall provide for individual
domestic water service as well as fire protection to each lot prior to sale of each lot and prior to
issuance of a building permit for each lot."
SPOKANE COUNTY DIVISION OF UTILITIES:
40. 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."
41. A Public Sanitary Sewer easement shall be shown on the face of the plat, and the final plat
dedication shall state: "The perpetual easement granted to Spokane County, its successors and
assigns is 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. Spokane County, its successors and assigns at all times hereinafter, at their own
cost and expense, may remove all crops, brush, grass or trees that may interfere with the
constructing, installing, operating, maintaining, repairing, altering, replacing, removing and all
other uses or purposes which 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 Spokane 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."
HE Findings, Conclusions and Decision SUB-02A-06 Page 14
42. The applicant shall submit expressly to Spokane County Division of Utilities, under
separate cover, only those plan sheets showing sewer plans and specifications for the public sewer
connections and facilities for review and approval. Commercial developments shall submit
historical and or estimated water usage as part of the sewer plan submittal.
43. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the project.
44. 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.
45. Security shall be submitted to the Division of Utilities prior to the approval of the Sewer
Design Plans.
46. 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:
47. On the final plat, 6"'Court shall be renamed 5th Court.
48. 5th Court and Balfour Court shall be posted"No Parking" on one side.
49. If gates are proposed, a"to scale" drawing shall be submitted. Note: the minimum gate
width is twenty(20) feet.
AVISTA UTILITIES:
50. A ten(10)-foot-wide utility strip abutting road right-of-way shall be dedicated on the face
of the final plat.
51. The final plat dedication shall state: " `Dry' utility easements shown on the final plat are
hereby dedicated for use by serving utility companies; for the construction, reconstruction, in
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
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; and placement of surface structures of brick, rock or
masonry that interfere with the rights granted herein. The installation of street light poles is also
prohibited, unless installed by the serving utility. Utility companies shall also have the right to
trim or remove trees, bushes, and landscaping, without compensation, when they are situated
within the easement strip. This provision shall not prohibit fences or any lateral crossings of the
easement strips with water or sewer lines."
HE Findings, Conclusions and Decision SUB-02A-06 Page 15
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MODERN ELECTRIC WATER COMPANY:
52. An approved water system plan, including main and line extensions and/or fire hydrant
installation, may be required.
C. Prior to or during on-site construction, the applicant or successors in interest shall:
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
1. A pre-construction conference with Public Works is required prior to the start of
construction. During this meeting, standards and submittal requirements for the Construction
Certification will be given to the project engineer/inspector.
2. For construction affecting public right-of-way:
a. Thirty(30) days prior to construction, the applicant shall mail out 4" x 6"
minimum size postcards to all residents and businesses within 400 feet of the
project limits, and one copy to CSV Public Works, providing project construction
details. The 400 feet will be measured up all streets, along both sides, that connect
to the limits of construction. The addresses can be obtained from a Title
Company.
b. Fourteen(14) days prior to construction, the applicant shall securely post a sign at
each ingress to the project area that is clearly visible from the right-of-way, and
which provides project construction details.
3. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
4. The TESC structures (such as filter fence, silt ponds, silt traps) shall be installed prior to
the start of site work and maintained throughout the duration of construction and until the site
has stabilized.
5. Construction within the proposed public streets and easements shall be performed under
the direct supervision of a licensed Washington State Professional Engineer/Land Surveyor. All
work is subject to inspection by the City Engineer or by his staff.
6. Upon completion of the frontage improvements, a Construction Certification package is
required for the improvements and shall be submitted and approved prior to the release of the
performance surety.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
7. Dust emissions during demolition, construction, and excavation projects shall be
controlled. This may require the use of water sprays, tarps, sprinklers or suspension of activity
during certain weather conditions.
HE Findings, Conclusions and Decision SUB-02A-06 Page 16
8. Measures must 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.
9. Debris generated as a result of this project shall be disposed of by means other than burning.
10. If objectionable odors result from this project, effective control apparatus and measures
must be taken to reduce odors to a minimum.
11. Special attention should be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
12. 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 MMBTU/hr (input) or higher. Contact SCAPCA for
a Notice of Application.
13. 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.
14. SCAPCA strongly recommends that all traveled surfaces (i.e. ingress, egress, parking
areas, access roads, etc.) be paved and kept clean to minimize dust emissions.
SPOKANE TRIBE OF INDIANS
15. If any artifacts or human remains are found upon excavation, the office of the tribe should
be notified promptly and the work in the immediate area cease.
WASHINGTON STATE DEPARTMENT OF ECOLOGY:
16. Proper erosion and sediment control practices shall be used on the construction site and
adjacent areas, to prevent upland sediments from entering surface water. Local stormwater
ordinances will provide specific requirements. Also refer to the Stormwater Management Manual
for Eastern Washington. All ground disturbed by construction activities must be stabilized. When
appropriate, use native vegetation typical of the site.
17. All new dry wells and other injection wells must be registered within the Underground
Injection Control program(UIC) at the Department of Ecology prior to use, and the discharge
from the well(s) must comply with the ground water quality requirement (nonendangerment
standard) at the top of the ground water table.
HE Findings, Conclusions and Decision SUB-02A-06 Page 17
1
18. Routine inspections and maintenance of all erosion and sediment control Best
Management Practices (BMPs) are recommended both during and after development of the site.
19. A Stormwater Pollution Prevention Plan for the project site may be required and should be
developed by qualified person(s). Erosion and sediment control measures in the plan must be
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.
20. 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 resistant, 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.
21. Landscaping should incorporate waste prevention measures and the use of organic
materials. Water needs are reduced by use of drought tolerant plantings, compost material,
mulch, and drip irrigation. Pesticide and herbicide use is eliminated or reduced by use of pest
resistant and native plantings. Compost is also an effective soil amendment. Chipped woody
debris can be used to mulch ornamental beds, suppress weeds, retain moisture, control erosion,
and provide a base for pathways. The Department also recommends using organic debris
generated on-site if possible for landscaping.
22. The Department encourages the applicant to use construction products containing
recycled and non-toxic materials whenever possible, to reuse and recycle all leftover construction
materials, and reduce waste generated and practice "Green Building"principals in all aspects of
the project. Recycling construction debris is typically less expensive than disposal.
23. The applicant proposes to demolish an existing structure(s). Item B.7.a. of the
environmental checklist asks if there are any environmental health hazards that could occur as a
result of the proposal. Improper disposal of solid waste, including demolition waste, can result in
environmental health hazards. The Department encourages the applicant to salvage, reuse, and
recycle as much of the waste as possible. Recycling demolition debris is typically less expensive
than disposal. Otherwise, the demolition waste must be disposed of at permitted solid waste
facilities.
DATED this 4th day of September, 2007
CITY HEARING EXAMINER PRO TEM
Micha-1 C. Dempsey, WSBA#82
HE Findings, Conclusions and Decision SUB-02A-06 Page 18
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 September 4, 2007. The date of issuance of the Hearing Examiner's decision is
therefore September 7, 2007, 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 SEPTEMBER 28, 2007, 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.
ii
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