SUB-05-06 •
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: Clive Tobin ) CONCLUSIONS OF LAW,
File No. SUB-05-06 ) AND DECISION
)
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 24, 2012. An application to request an extension of time for the
preliminary plat must be submitted at least 30 days prior to the expiration date.
H. FINDINGS OF FACT
1. The application seeks approval of a preliminary plat to subdivide a 1.15-acre tract, created
through a short plat recorded in 2004, into four (4) lots for single-family dwellings, in the Urban
Residential-3.5 (UR-3.5) zone.
2. The property is located along the south side of Baldwin Avenue, approximately 315 feet
east of the intersection of Flora Road and Baldwin Avenue; and is situated in the SW 1/4 of the SW
1/4 of Section 7, Township 25 North, Range 45 East, Willamette Meridian, in Spokane County,
[ Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 55073.1348, and is
legally described on the preliminary plat map of record.
4. The applicant for the proposal is Clive Tobin, 17128 East Baldwin, Spokane Valley,
Washington 99016. The site owners are Clive and Donna Tobin, at the same address.
5. On February 18, 2004, a short plat was recorded in File No. SHP-19-03, to divide 2.59
acres of land that included the site and 1.44 acres of land located directly west of the site, along
the south side of Baldwin Avenue, into two (2) tracts, for two (2) existing single-family
residences.
6. On August 28, 2006, the applicant submitted a complete application for a preliminary plat to
the Spokane Valley Department of Community Development,ment, in File No. SUB-05-06.
7. On October 20, 2006, the Spokane Valley Department of Community Development issued a
Determination of Nonsignificance (DNS) for the application. The DNS was not appealed.
HE Findings, Conclusions and Decision SUB-05-06 Page 1
8. On December 7, 2006, the Hearing Examiner conducted a site visit. On December 7, 2006,
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:
Karen Kendall, Assistant Planner
City of Spokane Valley Community Clive Tobin
17128 E. Baldwin
Development Department, Planning Division Spokane Valley, WA 99016
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
Mary Pollard
17216 E. Baldwin
Spokane Valley, WA 99016
10. 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.
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; and other applicable development regulations; and prior land use decisions in the
vicinity.
12. At the end of the public hearing, the Examiner left the record open to allow Mary Pollard to
submit a readable compact disc (CD) containing digital photos illustrated at the public hearing,
which photos illustrated portions of the site as well as the Pollard property. Mary Pollard
submitted a readable CD on December 19, 2006, to which the applicant responded to later that
day by email.
13. The applicant submitted an email after the hearing on December 8, 2006, advising that the
35-foot wide easement illustrated on the preliminary plat map of record was recorded on October
12, 2004, and indicating that a demolition permit had been issued by the City for removal of the
attached garage on the site.
14. The Examiner includes the CD in the record, as well as the Examiner's email
correspondence with the parties referenced above through December 19, 2006.
15. 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, the email correspondence and CD
submitted after the hearing as referenced above, and the items taken notice of by the Hearing
Examiner.
16. The site is approximately 1.15 acres in size and generally rectangular in shape, with a 10
foot wide narrowing from south to north. The topography of the property is rolling, with the
HE Findings, Conclusions and Decision SUB-05-06 Page 2
steepest slope being approximately 11% and located along the east border in the south end of the
property.
17. The north end of the site is improved with a single-family residence, which is served by an
on-site sewage disposal system and a circular driveway. A detached garage on the site was
recently removed from the site pursuant to a demolition permit issued by the City. The remainder
of the property consists of a grassy field. A row of immature deciduous trees is located along a
portion of the east boundary. Portions of site are fenced with chain link fencing.
18. The preliminary plat map of record submitted on August 28, 2006 illustrates a total of four
(4) lots in the preliminary plat, for the development of single-family dwellings. The lots range in
size from 10,128 square feet to 18,036 square feet; with an average lot size of approximately
12,546 square feet.
19. The density(net) of the preliminary plat is approximately 3.47 dwelling units per acre. The
existing residence on the site is intended to remain after final plat approval, while the on-site
sewage system would be removed.
20. The proposed lot in the preliminary plat fronting Baldwin Road would accommodate the
existing residence on the site, and directly access Baldwin Avenue. The remaining three (3) lots
would be served by a private driveway system extended south from Baldwin Avenue, on the east
side of the site; with a hammerhead turnaround located on the driveway system in the south end
of the preliminary plat.
21. The preliminary plat map illustrates a 4-foot wide utility easement between the driveway and
the east property line of the site, which widens to 14 feet at Baldwin Avenue; a 5-foot wide utility
easement along the west and south boundaries of Lot 1 of the proposed preliminary plat; and a
35-foot wide utility easement abutting the site on the west, which would be used to extend sewer
and water to the lots in the final plat.
f
22. 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).
23. The land abutting the site on the east and west consists of acreage parcels improved with
single-family residences and associated accessory buildings.
24. Effective February 9, 2005, the City approved an area-wide rezone that legislatively
reclassified the zoning of the site, and the other land in the area located north of Mission Avenue
and east of Barker Road, from the Urban Residential-7* (UR-7*) zone to the UR-3.5 zone. See
City Ordinance No. 05-003.
25. On May 10, 2006, the City implemented a new Comprehensive Plan, pursuant to City
Ordinance No. 06-010. The City Phase I Development Regulations were updated to implement
the Comprehensive Plan, pursuant to City Ordinance No. 06-011.
HE Findings, Conclusions and Decision SUB-05-06 Page 3
26. The Staff Report erroneously assumed that the preliminary plat application is subject to
review under the City Interim Comprehensive Plan; which interim plan was replaced with the
current City Comprehensive Plan before the current application was submitted as complete on
August 28, 2006.
27. Large areas of land located north, northwest, south, southwest, and one (1) parcel east of
the site; and 3.67 acres of land located a few blocks south of the site, at the southeast corner of
Mission Avenue and Flora Road; were recently platted for single-family development at urban
densities, in various final plats. See County Assessor map for Section 7, and testimony of Karen
Kendall.
28. The above-referenced final plats are at various stages of development, from the installation
of utilities and road to the construction of homes. The final plats are subject to development
under the UR-7* zone, based on the date complete applications were submitted for preliminary
plat approval; notwithstanding the land in the final plats later being rezoned to the UR-3.5 zone in
the 2005 area-wide rezone. See testimony of Karen Kendall, and preliminary plat decisions for
final plats.
29. The City Phase I Development Regulations limit the density(net) of new residential
development on land designated in the Low Density Residential category of the Comprehensive
Plan, and rezoned to the UR-7 under such regulations, to six(6) dwelling units per acre. Such
zoning is referenced as "UR-7*".
30. On December 21, 2006, the Hearing Examiner orally approved the preliminary plat of Flora
Ridge, to divide 2.63 acres located 260 feet south of the site, at the northeast corner of the
intersection of Mission Avenue and Flora Road, into 12 lots for single-family dwellings; and also
orally approved a rezone of such acreage from the UR-3.5 zone to the UR-7* zone. A final
written decision is pending by the Hearing Examiner. See Hearing Examiner decision in File No.
REZ-26-06/SUB-07-06.
1 31. The other land in the vicinity generally consists of single-family homes on acreage parcels,
along with some smaller lots.
32. The City Arterial Road Plan designates Flora Road and Broadway Avenue as Urban Minor
Arterials, Mission Avenue in the area as an Urban Collector Arterial, and Barker Road as an
Urban Principal Arterial. The other roads in the vicinity are Urban Local Access roads.
33. James and Mary Pollard, who reside adjacent to the site on the east, and other neighboring
property owners, expressed concern regarding construction impacts to neighboring properties
from the recent development of final plats in the area, particularly the Pollard property. Such
owners also expressed concern regarding potential drainage impacts to the Pollard property from
development of the current proposal; and potential dust, health and noise impacts to the Pollards
from the installation of a gravel private driveway along the east boundary of the current proposal
near the Pollard property. Concerns were also expressed regarding the adequacy of fire and
emergency access along the proposed private driveway, and location of the site in a geo-hazard
area for erodible soils.
HE Findings, Conclusions and Decision SUB-05-06 Page 4
34. Mary Pollard submitted a letter from Clifton Morey, a professional engineer; which letter
recommended that the existing asphalt concrete "lip" along the south edge of the Baldwin Avenue
roadway be maintained across the driveway approach to the proposal, to preclude drainage from
entering the Pollard property and into the drywell in front of the site without treatment. The letter
also recommended that the private driveway be paved if required by code to avoid future dust
issues, any excavation or embankment slopes along the east border of the site be designed to
avoid erosion and/or sloughing onto the Pollard property, retaining walls be used if 2:1 slopes
cannot be maintained adjacent to the existing grade on the Pollard property, the applicant's
contractor avoid vibratory compaction equipment to prevent foundation damage to the Pollard's
home, the applicant avoid impacts to the northwest corner of the Pollard property if a 28-foot
wide pavement return radius is required for the project to accommodate fire emergency vehicles
along Baldwin Road, and that Mary Pollard advise the City that she wants to see the design
drawings for construction of the final plat to assure that her concerns are addressed.
35. 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 such
development standards.
36. 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.
37. 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.
38. 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.
39 Policy LUP-16.3 of the Comprehensive Plan recommends that adequate emergency
evacuation routes be required prior to approving new development.
40. 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.
41. Policy TP-9.8 of the Comprehensive Plan recommends that pedestrian facilities such as
sidewalks be required in all new developments.
42. 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.
HE Findings, Conclusions and Decision SUB-05-06 Page 5
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43. 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.
44. 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.
45. 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.
46. City Engineering conditions of approval require the applicant to install frontage
improvements along Baldwin Avenue, including additional 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 (LID) that may be
formed by the City in the future, in lieu of installing the improvements prior to site development.
47. City Engineering conditions of approval require that the driveway approach to Baldwin
Avenue comply with the City's Road Standards; which may include a"rural approach" starting at
the edge of the existing pavement, if required frontage improvements to Baldwin Avenue for the
project are deferred until a LID is formed along Baldwin Avenue.
48. The City Road Standards authorize the installation of private driveways to provide primacy
vehicular access from a roadway for up to three (3) lots; and require private driveways to be
improved in substantial conformance with standards developed by the City Building Division.
49. The City Building Division standards for private driveways,which are relied on by Spokane
County Fire District 1 (aka Spokane Valley Fire Department) to condition land development for
fire and emergency access, require a minimum 20-foot wide "all-weather" driving surface for the
private driveway; and require a turnaround for driveways in excess of 150 feet, which turnaround
may include a hammerhead design.
50. The City Grading Ordinance, and the City Building Division standards for private
driveways, do not require private driveway serving three (3) or fewer lots to be paved. The City
Road Standards do require all private roads in the City's UGA to be paved.
HE Findings, Conclusions and Decision SUB-05-06 Page 6
51. The City Road Standards require driveway approaches to be located at least 7.5 feet from
an interior lot line or property line, at the roadway being accessed; but otherwise allow the
driveway to be located up to the lot line or property line. Such standards require driveway
approaches to be constructed to avoid interference with existing drainage inlets and other public
facilities.
52. City Engineering conditions note that a drywell was recently constructed in the right of way
in front of the site, in a location that may conflict with the driveway proposed for the preliminary
plat; and that drainage and stormwater flowing to the drywell must be taken into account in the
driveway and frontage improvement design.
53. City Planning Division conditions of approval require the final plat dedication to state that
access on the private driveway and associated utility easement is limited to Lots 2-4 of the
preliminary plat, and that Lot 1 and adjacent property cannot use the driveway or utility easement
for access. The applicant, Clive Tobin, testified that Lot 1 would not access the driveway, and a
garage would not be constructed behind the residence on Lot 1 as originally contemplated.
54. The conditions of approval recommended by Spokane County Fire District 1 (aka Spokane
Valley Fire District) require the private driveway for the preliminary plat to have a minimum 20-
foot wide driving surface, and a 28-foot wide turning radius at the proposed hammerhead
adjacent to Lots 3 and 4 of the preliminary plat; and be posted on both sides as a"fire lane-no
parking" area. Avista Utilities requested that the private easement for the driveway be expanded
to include room for a utility easement.
55. Mary Pollard testified that she had been advised by the Spokane County Fire District 1 that
a 28-foot turning radius is required for the proposed plat's driveway approach to Baldwin
Avenue, and for the hammerhead turnaround planned for the driveway for the proposed plat.
56. The applicant, Clive Tobin testified that Whipple Consulting Engineers, Inc. advised him
that only a 5-foot turning radius is required for the private driveway approach to Baldwin Avenue,
because Baldwin Avenue can be used to provide the additional turning radius needed for fire
trucks to access the proposed private driveway. This is consistent with the conditions of approval
recommended by Fire District 1, which require a 28-foot turning radius only for the hammerhead.
57. Clive Tobin indicated that the proposed driveway approach meets the minimum 5-foot
turning radius; and that the driveway approach can be installed without infringing on the drywell
installed at the northeast corner of the site, because the approach is located several feet west of
the drywell location. See preliminary plat map
58. Mary Pollard requested that the applicant defer a decision on the preliminary plat, or deny
the preliminary plat; to give the applicant an opportunity to obtain a sufficient access easement to
serve the preliminary plat from the owner(Olga Ivanoth) of the parcel located directly west of the
site, and thereby obviate the need for the driveway proposed to serve the southerly three (3) lots
in the preliminary plat.
HE Findings, Conclusions and Decision SUB-05-06 Page 7
59. Olga Ivanoth was the applicant for the short plat that created the site and the adjacent parcel
on the west, and sold the site to Clive Tobin after the short plat. Clive Tobin testified that he tried
to acquire a sufficient easement adjacent to the west border of the site to provide access for the
division of the current site, ended up in a property dispute with Ivanoth, was only able to obtain a
35-foot wide easement for utilities that was not wide enough to provide vehicular access to
Baldwin Avenue, and further negotiations with Ivanoth would not be productive.
60. The site slopes down to the west adjacent to the Pollard property. Clive Tobin testified that
installation of the private driveway would raise the level of the site where the driveway is installed
by six(6) inches; and that there was enough room between the driveway and the Pollard property
to avoid a 2:1 slope adjacent to the Pollard property, which 2:1 slope would have to be
engineered to avoid erosion to the Pollard property.
61. Clive Tobin testified that he would try to avoid the use of vibratory equipment in developing
the private driveway and site; but that some usage of vibratory equipment may be necessary due
to the soils present on the site, which are dense and difficult to excavate.
62. Mary Pollard has the legal ability to obtain copies of the construction drawings for the final
plat of the site from the City, since they are public records once submitted to the City.
63. The applicant indicated that he preferred not to incur the expense of paving the driveway for
the proposed plat, to mitigate dust and noise impacts to Mary Pollard; and noted that Mary
Pollard currently has a gravel driveway and parking area on her property.
64. Ronald Edgar of the Spokane County Air Pollution Control Authority(SCAPCA) submitted
written comments noting that he had been contacted by Mary Pollard, who advised him that dust
impacts from the proposed driveway would impair her health due to an asthmatic condition.
Edgar commented that deposition of dust from a gravel driveway onto adjacent property could be
considered a violation of SCAPCA's air quality regulations, and dust from the proposed driveway
would leave the property; and recommended that the driveway be paved
65. Mary Pollard submitted medical records confirming that she has allergies and an asthmatic
condition that is aggravated by dust generated by vehicular travel.
66. Requiring the applicant to pave the private driveway from Baldwin Avenue to the south
boundary of Lot 2 of the preliminary plat, over a distance of approximately 325 feet,would
extend the driveway beyond the residence and adjacent back yard of the Pollard property(not
including the orchard and field lying south of the back yard), substantially reduce dust and noise
impacts generated by the homes constructed on Lots 2-4 of the preliminary plat; and is necessary
to protect the public health and welfare, and assure compliance with SCAPCA air quality
regulations.
67. Mary Pollard submitted hard copy blowups of a geo-hazard map posted on the City's
website, labeled as "Map 8.5" and dated May 10, 2006. The block-type shapes on the blowups
suggest the presence of an erodible soils geo-hazard on portions of the site; however, the blocks
could also represent 5-foot contour lines. See Exhibit 18. A similar map labeled as "Map 8.5"
HE Findings, Conclusions and Decision SUB-05-06 Page 8
and dated May 20, 2006, found in the City Comprehensive Plan after page 31 of Chapter 8
thereof, does not appear to show an erodible soils geo-hazard on the site.
68. Karen Kendall of the City Planning Division displayed a large geo-hazard map at the public
hearing, dated January 21, 2004; which Kendall advised was adopted as part of the City's Critical
Areas Ordinance, should be considered the official geo-hazard map for the City, and does not
show any geo-hazards on the site.
69. A condition of approval should be added requiring the applicant to comply with the geo-
hazard provisions of the City Critical Areas Ordinance; but only in the event the City reconsiders
its position before final plat approval, and decides that the site contains erodible soils.
70. 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.
71. City Engineering certified that the preliminary plat met the transportation concurrency
requirements of the City Phase I Development Regulations.
72. 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.
73. 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.
74. 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 final plats located adjacent to or near the site that will be developed for
single-family dwellings, at densities equal to or greater than the current preliminary plat; and the
availability of public services to the site;
75. 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.
76. 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.
HE Findings, Conclusions and Decision SUB-05-06 Page 9
77. 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; and to assure consistency with the City Comprehensive Plan.
78. 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. 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 applicant should be required to comply with the geo-hazard provisions of the County
Critical Areas Ordinance, only if the City reconsiders its position prior to final plat approval and
decides that the site contains an erodible soils geo-hazard.
6. The applicant should be required to pave a portion of the private driveway; to ensure that
the final plat makes appropriate provision for the public health, safety and welfare.
7. The Examiner lacks authority to condition the preliminary plat, or deny the preliminary plat,
based on the applicant obtaining an access easement from the owner of the adjacent property
located to the west.
8. The proposed preliminary plat, as conditioned, conforms to the City Comprehensive Plan,
and bears a substantial relationship to the public health, safety and welfare.
9. 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.
HE Findings, Conclusions and Decision SUB-05-06 Page 10
10. The proposal, as conditioned, complies with the UR-3.5 zone, the City Zoning Code, the
City Subdivision Ordinance and other applicable development regulations.
11. The procedural requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met. The proposal, as conditioned, will not have a
significant, probable adverse impact on the environment.
12. 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.
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 CONIMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. The final plat shall be designed in substantial conformance to the preliminary plat map
of record submitted on August 28, 2006. 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.
2. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance, the
preliminary plat approval for SUB-05-06 shall automatically expire on January 24, 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 (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.
HE Findings, Conclusions and Decision SUB-05-06 Page 11
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.
6. The final plat shall comply with the provisions of Chapter 14.616 (Urban Residential-3.5
Zone), and other applicable provisions, of the City Interim Zoning Code ("Zoning Code').
7. The private driveway shall be paved from Baldwin Avenue south to the south boundary of
Lot 2 of the proposal, a distance of approximately 240 feet.
8. The applicant shall submit a geo-hazard evaluation report, if the Planning Division
determines prior to final plat approval that an erodible soils geo-hazard is present on the site.
9. The term applicant shall include the owner and developer of the site, and their successors
in interest.
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
shall comply with the Survey Recording Act (RCW Chapter 58.09), Survey and Land
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 12.400.144 (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
HE Findings, Conclusions and Decision SUB-05-06 Page 12
other applicable lot development standards of the UR-3.5 zone or successor zoning designation 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 are restricted from use of the private
driveway/utility easement."
pa
6. Receive a demolition permit and final inspection by the City of Spokane Valley Building
Division prior to final plat approval for the existing detached structure to be demolished.
7. Submit to the Planning Division written verification g v from the Spokane Regional Health
District that the septic tank and drainfield have been properly abandoned and the existing
residence has been connected to public sewer.
8. Assign and indicate a name for the subdivision on each page of the final plat map.
SPOKANE VALLEY CO1VIMUNITY DEVELOPMENT DEPARTMENT—BUILDING
DIVISION:
9. A grading permit shall be submitted and issued per Chapter 10.15, Article II (Excavation,
Fill and Grading) of the Spokane Valley Municipal Code (SVMC) prior to receiving final plat
approval.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
10. Frontage improvements are required on Baldwin Avenue. Baldwin Avenue is designated as
a Local Access street. Frontage improvements include 15 feet of asphalt width from road
centerline, Type B curb and gutter, 10 foot roadside swale, and a 5-foot sidewalk. The total width
of improvements is 32 feet. The current width of the right-of-way for Baldwin Avenue is 40 feet;
and the 'A width is 20 feet. A border easement of 12 feet, which extends to back of sidewalk,
already exists. Building setbacks begin at the edge of the border easement.
11. To construct the street improvements stated above, the applicant may, with the approval of
the Director of Public Works,join in and be a willing participant in any petition or resolution the
purpose of which is the formation of a Local Improvement District (LID) for said improvements.
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 Baldwin Avenue which provides access to site.
12. 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 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
HE Findings, Conclusions and Decision SUB-05-06 Page 13
undersigned owner, their heirs, grantees and assigns. This provision is applicable to Baldwin
Avenue which provides access to the site.
13. If frontage improvements are constructed, the applicant shall have a Professional Engineer,
licensed in the State of Washington, submit a final street and drainage plans and a drainage report;
including calculations that conform to the 2001 Edition of the Spokane County Standards for
Road and Sewer Construction(as adopted by the City), the 1998 Spokane County Guidelines for
Stormwater Management (as adopted by the City), Spokane Valley Ordinance No. 05-013 and all
other federal, state and local regulations.
14. Baldwin Avenue is designated as a Local Access street, and is in Tier 1 with respect to
pavement removal and replacement. The latest paving occurred in 2006. Since this is in Tier 1, a
moratorium on pavement cuts applies until 2009. Please contact the City right-of-way inspector
for any questions.
15. Driveway approach design shall follow the 2001 Spokane County Road and Sewer
Standards, or as amended. If at the time of construction Baldwin Avenue 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. If an existing approach is to be altered or abandoned, then the unused portion of the
original approach needs to be removed and replaced with curb, gutter and sidewalk matching that
which is adjacent.
16. A drywell was recently constructed in the right-of-way in front of the site that may conflict
with the driveway. Drywell and stormwater flowing to the drywell must be taken into account in
the driveway and frontage-improvement design.
17. If the newly created lots are used for any use other than single-family dwellings, full
improvements to Baldwin Avenue are required.
18. If frontage improvements are constructed, the applicant shall incorporate into the submitted
plans any existing driveways and fixed objects within the project limits.
19. The applicant is responsible for arranging for all necessary utility adjustments, relocations,
or improvements as required for completion of the project. The applicant shall contact the
purveyors of each affected utility regarding private service, utility improvement, and any
relocation and adjustment costs. All rigid objects shall be located out of the clear zone. Clear
zone requirements can be found in the 2001 Spokane County Road and Sewer Standards, or as
amended.
20. If frontage improvements are constructed, a landscaping plan, which shows the landscaping
proposed to be placed in vegetated stormwater facilities, such as channels, ditches, swales, ponds,
etc., shall be submitted with the site construction plans for review.
21. A Temporary Erosion and Sedimentations Control plan, prepared by a Washington State
licensed Professional Engineer, shall be prepared and submitted with the site construction plans.
HE Findings, Conclusions and Decision SUB-05-06 Page 14
The TESC plan shall follow 1998 Spokane County Guidelines for Stormwater Management, as
adopted by the City. The TESC structures shall be installed prior to the start of site work, and the
TESC measures shall be implemented and maintained throughout the duration of construction and
until the site has stabilized.
} 22. The soils information data in the hardcopy version of NRCS Soil Survey is outdated and no
longer supported by NRCS. The latest soils information can be found online at
• http://websoilurvey.nres.usda.gov/app.
23. The Washington State Department of Ecology requires all drywells (existing and proposed)
to be registered through the State. Further information regarding requirements and application
forms are available online at www.ecy.wa.gov/,programs/grndwtr/uic/rule rev.html
24. Show any utility easements (i.e. telephone, power, etc.) on the final plat.
25. Plat language will be determined at the time of final plat submittal. The applicant shall
contact Public Works prior to the first submittal of the final plat to obtain plat language.
SPOKANE REGIONAL HEALTH DISTRICT:
26. The final plat shall be designed as substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted. p
27. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the City of Spokane Valley Division of Planning to the utility companies, the
City of Spokane Valley Public Works Department and the Spokane Regional Health District.
Written approval of the easements by the utility companies shall be received prior to the submittal
of the final plat.
28. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
29. Water service shall be coordinated through the Director of Utilities, Spokane County.
30. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
31. 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.
32. 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.
HE Findings, Conclusions and Decision SUB-05-06 Page 15
33. 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."
34. The dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
35. 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
issuance of a building permit for each lot."
SPOKANE COUNTY DIVISION OF UTILTIES:
36. The final plat dedication shall state: "Public sewers shall be constructed to rovide for or 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
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.
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.
SPOKANE COUNTY FIRE DISTRICT 1 (SPOKANE VALLEY FIRE DEPARTMENT):
40. The private driveway shall meet current standards with a minimum twenty(20) foot driving
surface, and a twenty-eight (28) foot turning radius at the hammerhead adjacent to Lots 3-4.
41. Fire apparatus access roads 20-26 feet wide shall be posted on both sides as "Fire Lane No
Parking."
42. Addresses shall be posted at the entrance of the private driveway in order to be visible from
Baldwin Avenue during and after construction. Number shall be a minimum of four (4) inches tall
and contrasting to the background.
HE Findings, Conclusions and Decision SUB-05-06 Page 16
AVISTA UTILITIES:
43. The final plat shall expand the twenty(20) foot private driveway easement to include room
for a utilities easement. The applicant shall coordinate with Avista the total width needed to
accommodate their utilities.
C. Prior to or during on-site construction, the applicant or successors in interest shall:
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
1. If frontage improvements are constructed, upon completion of the frontage improvements a
Construction Certification package, prepared by the Professional Engineer who prepared the civil
site and drainage plans, is required for the improvements and shall be submitted and approved
prior to releasing the performance surety. A pre-construction conference with Public Works is
required prior to 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, the applicant shall:
a. Thirty(30) days prior to construction, mail out postcards to all residents and businesses
within 400 feet of the project limits and one copy to CSV Public Works providing project
construction details.
b. Fourteen(14) days prior to construction, securely post a sign at each ingress to the
project area this is clearly visible from the right-of-way providing project construction details.
3. 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:
4. 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.
5. 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.
6. Debris generated as a result of this project shall be disposed of by means other than burning.
7. If objectionable odors result from this project, effective control apparatus and measures
must be taken to reduce odors to a minimum.
8. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
HE Findings, Conclusions and Decision SUB-05-06 Page 17
9. 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.
10. 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.
QWEST:
11. The applicant shall submit two (2) full-size final plat maps, with lot addresses noted and
the serving power utility design, at least six(6)weeks before the developer's and/or builder's
open utility trench date.
DATED this 24th day of January, 2007
CITY HEARING EXAMINER PRO TEM
atir,
Mich 1C. Dempsey, WSBA#82
HE Findings, Conclusions and Decision SUB-05-06 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 January 24, 2007. The date of issuance of the Hearing Examiner's decision is
therefore January 29, 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 FEBRUARY 20, 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.
HE Findings, Conclusions and Decision SUB-05-06 Page 19