REZ-26-06 SUB-07-06 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Zone Reclassification from the Urban )
Residential-3.5 (UR-3.5) Zone to the Urban )
Residential-7* (UR-7*) Zone, and ) FINDINGS OF FACT,
Preliminary Plat of Flora Ridge; ) CONCLUSIONS OF LAW,
Applicant: LGIE, LLC ) AND DECISION
File No. REZ-26-06/SUB-07-06 )
)
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone from the UR-3.5 zone to the UR-7* zone, and for a
preliminary plat.
Summary of Decision: Approve application, subject to conditions of approval. The preliminary
plat will expire on February 15, 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 zone reclassification from the Urban Residential-3.5
(UR-3.5) zone to the Urban Residential-7* (UR-7*) zone, on approximately 2.63 acres of land;
and for the preliminary plat of Flora Ridge, to divide such acreage into twelve (12) lots for single-
family dwellings.
2. The site is located at the northeast corner of the intersection of Flora Road and Mission
Avenue, Spokane Valley, WA. The property is situated in the SW 1/4 of Section 7, Township 25
North, Range 45 East, Willamette Meridian, in Spokane County, WA.
3. The site is currently referenced as County Assessor's tax parcel nos. 55073.1446, and is
legally described on the preliminary plat map of record. The existing residence on the site is
addressed at 17113 E. Mission Avenue, Spokane Valley, Washington.
4. The applicant is LGIE, LLC, 504 E. Fairhaven, Burlington, Washington, 98233. The site
owner is Turner Living Trust, 17113 E. Mission, Spokane Valley, Washington 99016.
5. On September 7, 2006, the applicant submitted a complete application for a zone
reclassification and preliminary plat to the City Department of Community Development in the
above file.
6. On October 30, 2006, the City Department of Community Development issued a
Determination of Nonsignificance (DNS) for the proposal. The DNS was not appealed.
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 1
7. On December 21, 2006, the Hearing Examiner conducted a public hearing on the proposal.
The Examiner conducted a site visit on December 21, 2006, prior to the public hearing.
8. The Hearing Examiner heard the proposal pursuant to Chapter 10.35 of the Spokane Valley
Municipal Code (SVMC), and the City Hearing Examiner Rules of Procedure.
9. The following persons testified at the public hearing:
Micki Harnois, Assistant Planner Daniel Melville
Spokane Valley Planning Division LGIE, LLC
11707 E. Sprague Avenue, Suite 106 504 E. Fairhaven
Spokane Valley, WA 99206 Burlington, WA 98233
Kevin McMulkin Gloria Turner
Simpson Engineers PO Box 817
909 N. Argonne Road Spokane Valley, WA 99216
Spokane, WA 99212
Henry Allen
Spokane Valley Public Works Department
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of the City Comprehensive Plan, Interim Zoning Code
and zoning maps, Interim Subdivision Ordinance, Standards for Road and Sewer Construction,
Guidelines for Stormwater Management, and other applicable development regulations; City
Municipal Code; and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-26-06/SUB-07-06 at the time of the
public hearing, the documents and testimony submitted at the public hearing, and the items taken
notice of by the Hearing Examiner.
12. The site is approximately 2.63 acres in size and rectangular in shape. The northwest and
southeast portions of the site are relatively flat in topography, with sloping terrain up to 25% in
slope extending diagonally through the site from the southwest corner to the northeast corner.
13. The southeast corner of the site is improved with a single-family dwelling, detached garage
and detached outbuilding; which improvements access Mission Avenue. The site is vegetated
with residential landscaping, native grasses and weeds, shrubs and fruit trees.
14. The preliminary plat map illustrates division of the site into 12 lots. This includes one (1) lot
for the existing residence on the site of 26,115 square feet; and 11 lots for single-family dwellings,
which range from 6,257 square feet to 8,338 square feet in size, and have an average lot size of
approximately 7,400 square feet. The density(net) of the preliminary plat is 4.86 dwelling units
per acre.
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 2
15. The preliminary plat illustrates an internal public road, which consists of a short stub road
terminating in a cul-de-sac, serve six(6) lots and access Flora Road; three (3) lots directly
accessing Bell Street, two (2) lots directly accessing Mission Avenue; and one (1) lot directly
accessing Flora Road. The detached outbuilding and a portion of the fence serving the residence
on the site would be removed for development of the project.
16. The site and neighboring land are designated in the Low Density Residential category of the
City Comprehensive Plan; except for the land lying to the southwest, and a block of land lying one
(1) block west of the site on the north side of Mission Avenue, which land is designated in the
Light Industrial category; and except for several acres of land located a few blocks southeast of
the site, along the south side of Mission Avenue, which is designated in the Public/Quasi-Public
category.
17. In 2004, the Hearing Examiner approved the rezone of 2.63 acres of land located across
Mission Avenue from the site, at the southeast corner of the intersection of Flora Road and
Mission Avenue, from the UR-3.5 zone to the UR-7* zone; and a preliminary plat to divide such
acreage into 18 lots for single-family dwellings, at a density(net) of 5.76 dwelling units per acre.
See decision in File No. REZ-11-04/SUB-08-04. The preliminary plat is expected to become final
in the near future. See testimony of Micki Harnois.
18. 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 UR-7* zone to the UR-3.5 zone. See
19. City Ordinance No. 05-003 specifically recognized that the area-wide rezone would not
preclude site-specific rezones of such land back to the UR-7* zone, since the UR-7* zone was an
implementing zone for the Low Density Residential category of the City Interim Comprehensive
Plan in which the land in the rezone was designated.
20. 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 new Comprehensive Plan, pursuant to City Ordinance No. 06-011.
21. The land lying southwest of the site is zoned Light Industrial(I-2) and undeveloped. The
other land neighboring the site is zoned Urban Residential-3.5 (UR-3.5); except for the 2.63-acre
parcel of land located across Mission Avenue from the site, which is zoned UR-7*.
22. The land located near the site, except to the southwest, generally consists of single-family
homes on acreage parcels; along with some more urban-sized lots for single-family dwellings.
23. The land lying east and northeast of the site, and the land located north of Baldwin Avenue
east of Flora Road, is developed or being developed for single-family homes at urban densities
ranging from 4-6 dwelling units per acre, in various final plats approved over the past few years.
Such final plats are subject to development under the UR-7* zone, based on the date complete
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 3
applications were submitted for preliminary plat approval. See County Assessor map for Section
7, testimony of Micki Harnois; and Hearing Examiner decisions in File Nos. PE-1921-03/PUDE-
5-03, SUB-01-05, SUB-03-05, REZ-11-04/SUB-08-04, SUB-12-04.
24. The land located east of the site designated in the Public/Quasi-Public category of the
Comprehensive Plan is planned for a new public elementary school, and the City is trying to
purchase adjacent land for a City park. A greenhouse is located on the land lying one (1) block
west of the site, along the north side of Mission Avenue.
25. The Spokane River is located less than one-half(1/2) mile north and west of the site. The
Spokane Centennial Trail, a regional public trail system, borders the south side of the river in the
area.
26. The City Arterial Road Plan designates Flora Road and Broadway Avenue as Urban Minor
Arterials, Mission Avenue as an Urban Collector Arterial, and Barker Road as an Urban Principal
Arterial. Public transit is available in Mission Avenue and Flora Road.
27. The only public opposition to the proposal was submitted by Janice Austin, who owns and
resides on an acreage parcel located directly southeast of the site across Mission Avenue. Janice
Austin expressed concerns regarding density, lot sizes, inconsistency of the proposed rezone with
the 2005 rezone of the area to the UR-3.5 zone, lack of need for dense housing on the site,
difficulty of access for certain lots in preliminary plat, need for significant grading to
accommodate the lots proposed on the steep topography of the site, slippery winter driving
conditions and traffic congestion at the intersection of Mission Avenue and Flora Road, potential
drainage impacts to neighboring properties, proximity of Nora Court in the preliminary plat to
nearby intersections along Flora Road, incompatibility of project with neighboring development,
and other concerns.
28. Central Valley School District#356 submitted written comments advising that the district
expected to have room for additional students at current levels of service until September of
2008, and requesting that the City postpone approval of any residential development in the final
plat of the proposal that may occur after such date.
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*". The UR-7 zone otherwise permits a density of seven(7)
dwelling units per acre. The minimum lot area and minimum frontage in the UR-7 zone for a
single-family dwelling are, respectively, 6,000 square feet and 65 feet.
30. The UR-7 zone is intended to add to the variety of housing types and densities in urban
areas, and to provide standards for the orderly development of residential property in a manner
that provides a desirable living environment that is compatible with surrounding land uses and
assures the protection of property values. The UR-7 zone permits the development of single-
family homes, duplexes, multi-family dwellings and certain other uses.
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 4
31. The UR-7 zone requires the installation of a 6-foot high sight-obscuring fence,wall or solid
landscaping along the border of any UR-7 zone that abuts private land zoned UR-3.5. Such
requirement applies along the north boundary of the site.
32. The Phase I Development Regulations require all zone reclassifications to be consistent with
the implementing zones specified in such regulations, for the Comprehensive Plan designations
that apply to the property involved. The implementing zones for the Low Density Residential
category, in which the site is designated, are the UR-3.5 and UR-7 zones. The proposed rezone of
the site to the UR-7* zone implements the Low Density Residential category of the
Comprehensive Plan
33. The Staff Report sets forth relevant policies of the Comprehensive Plan. The policy most
relevant to the proposed rezone is Policy LUP-1.7. Such policy states that zone changes should
be allowed within the Low Density Residential category of the Comprehensive Plan when specific
criteria are met; which may include substantial changes within the area of the rezone site, the
availability of adequate facilities and public services, and consistency with residential densities in
the vicinity of the rezone site. The proposed rezone implements such policy.
34. 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. The proposal
is consistent with new urban housing approved or developed adjacent to or near the site.
35. 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.
36. Policy LUP-16.1 of the Comprehensive Plan encourages new developments to be arranged
in a pattern of connecting streets and blocks to allow people to get around easily by foot, bicycle
and car. Policy TP-2.1 recommends that street designs complement adjacent development.
37. Policy LUP-16.3 of the Comprehensive Plan recommends that adequate emergency
evacuation routes be required prior to approving new development.
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-19.1 of the Comprehensive Plan recommends that the impacts of a development
proposal on surface water quality be considered before development is approved; and states that
conditioning proposals may be necessary to protect water quality, manage runoff and address
erosion control and sedimentation. Also see stormwater policies under Goal CFG-6 of
Comprehensive Plan.
40. Policy CFP-4.6 of the Comprehensive Plan recommends that new development connect to
public sewer and water.
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 5
41. Policy CFP-2.1 of the Capital Facilities chapter of the Comprehensive Plan states that
facilities and services shall meet certain specified minimum levels of service. Such chapter
recommends that school districts establish their own level of service.
42. Policy CFP-8.2 of the Comprehensive Plan recommends that the review of new residential
development consider the adequacy of school facilities.
43. Policy CFP-2.4 of the Comprehensive Plan states that if adopted level of service standards
cannot be maintained, the City shall increase funding, reduce level of service or reassess the Land
Use Element of the Comprehensive Plan.
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. Sidewalks are not required
for cul-de-sac roads less than 400 feet long.
46. The City Road Standards establish standards for the construction of new access roads, and
the reconstruction of existing access roads; and give the City Engineer broad discretion in
prescribing the actual roadway section required based on a number of factors, and approving
design deviations in appropriate circumstances. See Road Standards, Chapter 3.
47. City Engineering conditions of approval require the applicant to install frontage
improvements along Mission Avenue, Flora Road and Bell Street; including additional asphalt,
curb and sidewalk.
48. The applicant indicated at the public hearing that a 10-foot wide pedestrian/bike pathway
would likely be installed along Flora Road in lieu of sidewalk; similar to the pathway recently
approved by City Engineering along Flora Road for the Flora Meadows final plat, located at the
northeast corner of Flora Road and Baldwin Avenue. See testimony of Daniel Melville.
49. City Engineering previously approved a design deviation to allow the sidewalk required
along Bell Street, for the lot located at the intersection of Bell Road and Mission Avenue, to be
placed adjacent to the curb rather than separated from the curb, subject to certain conditions.
50. Section 3.04 of the City Road Standards requires an intersection spacing of 150 feet for an
Urban Collector Arterial, as measured between the centerlines of such roads. City Engineering
conditions require an intersection spacing of 150 feet for Flora Road. Proposed Nora Court in
the preliminary plat is located approximately 270 feet from Mission Avenue, and complies with
Section 3.04 of the City Road Standards.
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 6
51. City Engineering certified that the preliminary plat meets the transportation concurrency
requirements of the City Phase 1 Development Regulations. This is based on the small amount of
traffic that would be generated by the preliminary plat, which proposes the addition of only 11
new homes; and the vehicle trip distribution analysis prepared by the applicant's consulting
engineer, which indicates the project would have an insignificant impact on the surrounding public
transportation system.
52. City Engineering reviewed the access issues for the lots directly accessing Flora Road and
Mission Avenue, and found the access provided to such lots by the preliminary plat to be
acceptable.
53. City Engineering conditions of approval indicate that a topographic low spot is located on
the site at the adjacent intersection, and require that drainage design include both offsite and
onsite runoff. Such conditions also require that final drainage and road plans be submitted that
comply with the County Guidelines for Stormwater Management, and County Standards for Road
and Sewer Construction, as adopted and amended by the City. Such conditions impose other
necessary drainage requirements.
54. The County Guidelines for Stormwater Management, as adopted by the City, require the
drainage discharged from a development site to not exceed the volume or rate of stormwater
leaving the site prior to development, prohibit the discharge of draining at points on adjoining
property different than the points of discharge before development, and require the treatment of
stormwater in biofiltration swales before it is discharged into the ground.
55. The applicant's engineer, Kevin McMulkin, testified at the public hearing that drainage
coming to the site from Mission Avenue, Flora Road and Bell Street would be directed to the low
spot on the site and managed properly. The applicant testified that the existing contours of the
site would be observed in the development of the site. The environmental checklist submitted by
the applicant indicates that a small amount of filling will occur in the northwest corner of the site,
to elevate such area to the level of Flora Road.
56. The traffic, access and drainage concerns raised by Janice Austin were not supported by
competent evidence of an engineering nature; are mitigated by City Engineering conditions of
approval for the preliminary plat; and are superseded by the expert opinions of the City Engineer
and the applicant's consulting engineer, which indicate that the preliminary plat, as conditioned,
makes appropriate provision for transportation, access and drainage.
57. The City Planning Division indicated at the public hearing that the applicant must apply for
an administrative exception for Lots 5 and 6 of the preliminary plat,which do not meet lot
frontage requirements. This should be added as a condition of approval.
58. The applicant's engineer, Kevin McMulkin, questioned the need for a Type B curb and 15-
foot pavement section along the west side of Bell Street, in City Engineering condition#8 on page
9 of the Staff Report; considering that the west side of Bell Street has a recently installed Type A
curb and 12 feet of pavement. The City's consulting engineer, Henry Allen, established the need
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 7
for a Type B curb and 15-foot pavement section, based on the relatively heavy traffic generated at
Bell Street and Mission Avenue, and the requirements of the City Road Standards.
59. The City Phase I Development Regulations do not require direct concurrency for schools,
parks, law enforcement services or fire protection services. City Parks and Recreation did not
comment on the project.
60. The Examiner has no authority to restrict the development of the project after 2008 as
requested by the Central Valley School District, since the Phase I Development Regulations do
not require direct concurrency for schools. The applicant indicated at the public hearing that the
preliminary plat would be finalized immediately after preliminary plat approval, and the site would
be developed as soon as possible.
61. The County Division of Utilities, and Consolidated Irrigation District, respectively certified
the availability of public sewer and water for the proposal. Public sewer and water are currently
stubbed into the site. The preliminary plat complies with the public sewer and water concurrency
requirements of the City Phase I Development Regulations.
62. The proposed rezone and preliminary plat implement the policies of the Comprehensive
Plan, as set forth in the Staff Report, and as supplemented in the analysis above.
63. The site is suitable for a rezone to the UR-7* zone, considering the location of the site at the
intersection of two arterials, Flora Road and Mission Avenue; the availability of public transit and
a high level of public services to the site; the proximity of the site to urban housing developed or
being developed at net densities up to six(6) dwelling units per acre; the UR-7* zone and
approved preliminary plat located south of the site across Mission Avenue; and designation of the
site in the Low Density Residential category of the Comprehensive Plan, which category is
implemented by the UR-7* zone.
64. In accordance with the City Subdivision Ordinance, the design, shape, size and orientation
of lots in the preliminary plat are appropriate for the proposed use of such lots, and the character
of the area in which the lots are located.
65. In accordance with the City Subdivision Ordinance, block dimensions in the preliminary plat
reflect due regard for the needs of convenient access, public safety, emergency vehicle access,
topography, road maintenance and provision of suitable sites for the proposed use. 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.
66. Other than Central Valley School District, no public agencies objected to the proposal, as
conditioned, or its environmental impact. The project will not have more than a moderate effect
on the quality of the environment.
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 8
67. Only one (1) neighboring property owner objected to the proposal. As conditioned, the
project will be reasonably compatible with neighboring land uses; and will not adversely impact
the public health, safety and general welfare.
68. The proposal has been conditioned for compliance with the UR-7* zone, the County Zoning
Code, the County Subdivision Ordinance, and other applicable development regulations. No
deficiencies with regard to the compliance of the proposal, as conditioned, with applicable
development regulations have been established in the record.
69. Under Washington case law, a significant change of conditions in the area does not need to
be demonstrated for the proposed rezone because it implements the City Comprehensive Plan.
Significant changes, nevertheless, have occurred in the area since the zoning of the site was
reclassified to the UR-3.5 zone in 2005. This includes the extension of public sewer to the site,
designation of the site and neighboring land in the Low Density Residential category of the City
Comprehensive Plan, and the recent approval of final plats and the development of urban housing
adjacent to or near the site at residential densities up to six(6) dwelling units per acre.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The City Zoning Code authorizes a site-specific amendment to the City Zoning Map, i.e.
zone reclassification, if the amendment is consistent with the Comprehensive Plan and is not
detrimental to the public welfare. See Zoning Code 14.402.020(1); and references to Zoning
Code 14.402.020(1) in Zoning Code 14.402.020 and Zoning Code 14.402.160.
2. Washington case law requires the proponent of a rezone to establish, by a preponderance of
the evidence, that the proposed rezone bears a substantial relationship to the public health, safety
or general welfare; and that a substantial change of circumstances has occurred in the area.
However, proof of a substantial change of circumstances is not required if the rezone implements
the comprehensive plan of the local government.
3. To be approved, the preliminary plat must comply with applicable development regulations;
make appropriate provision for the public health, safety and general welfare; serve the public use
and interest; and make appropriate provision for open spaces, drainage ways, streets or roads,
other public ways, potable water supplies, transit stops, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds, critical areas, fire/emergency access, sidewalks for
children who reach school by walking, and other relevant facts and planning features. See RCW
58.17.110, City Subdivision Ordinance, and SVMC Chapter 10.35.
4. Under Washington case law, where there is a conflict between the policies of a
comprehensive plan, and the zoning code or other development regulations adopted by the local
government, the zoning code and development regulations are controlling over the policies of a
comprehensive plan.
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 9
5. A condition of approval should be added that requires the applicant to apply for an
administrative exception to lot frontage requirements for Lots 5 and 6 of the preliminary plat,
prior to final plat approval.
6. Because the City Phase I Development Regulations do not require direct concurrency for
schools, the Hearing Examiner lacks authority to require postponement of any development of the
site proposed after September of 2008, as requested by the Central Valley School District.
7. The proposed preliminary plat and zone reclassification to the UR-7* zone, as conditioned,
generally conform to the Comprehensive Plan.
8. The preliminary plat and dedication will serve the public use and interest; and make
appropriate provision for the public health, safety and general welfare.
9. 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.
10 The proposed subdivision meets the general design requirements specified in Section
12.400.122 of the City Subdivision Ordinance, and other requirements for the approval of
preliminary plats listed in Chapter 12.400 of such ordinance.
11. The proposed rezone bears a substantial relationship, and will not be detrimental, to the
public health, safety or welfare.
12. A substantial change of circumstances has occurred in the area since the site was last zoned.
13. 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.
14. The proposal, as conditioned, complies with the UR-7* zone, the Aquifer Sensitive Overlay
zone, other applicable provisions of the City Zoning Code, and other applicable development
regulations.
15. A pp roval of the zone reclassification is appropriate under Cha p ter 14.402.020(1) of the City
Zoning Code, and SVMC Chapter 10.35.
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 10
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
preliminary plat and zone reclassification are hereby approved, subject to the conditions of the
various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
This approval does not waive the applicant's obligation to comply with all other
requirements of other public agencies with jurisdiction over land development.
Conditions of Approval:
A. General
The following are general conditions of approval that apply to the rezone and preliminary plat
approval in File No. REZ-26-06/SUB-07-06 (Flora Ridge):
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The Spokane Valley Interim Zoning Map shall be amended to specify an Urban Residential-
7* (UR-7*) zone designation for Parcel No. 55073.1446.
2. The final plat shall be developed in substantial conformance to the preliminary plat map of
record submitted on September 7, 2006, including a maximum of twelve (12) single-family
residential lots. Any proposed modification or revision to the preliminary plat, or the conditions
of approval for the preliminary plat, shall comply with Section 12.100.120 (Modifications) of the
Spokane Valley Interim Subdivision Ordinance.
3. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance,
the preliminary plat approval for SUB-07-06 shall automatically expire on February 15, 2012,
unless a time extension is approved for the project. If a request for an extension of time is not
timely submitted and approved, the preliminary plat expires and is null and void.
4. Pursuant to Section 12.100.118 (Extensions of Time) of the Subdivision Ordinance, an
application form and supporting data for a time extension must be submitted to the Director at
least thirty(30) calendar days prior to expiration of the preliminary plat approval.
5. Pursuant to Section 12.100.130 (Enforcement) of the Subdivision Ordinance, any sale,
lease, or transfer of any lot or parcel created pursuant to the City's Subdivision Ordinance that
does not conform to the requirements of the preliminary plat approval or that occurs without
approval, shall be considered a violation of Chapter 58.17 RCW, and shall be restrained by
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 11
injunctive action and shall be illegal, as provided in Chapter 58.17 RCW. Each sale, lease, or
transfer of each separate lot or parcel of land in violation of any provision of this ordinance shall
be deemed a separate and distinct offense.
6. Except where noted in conditions of approval, the proposal shall comply with the provisions
of Chapter 14.618 (UR-7*) of the Spokane Valley Interim Zoning Ordinance. Residential density
(net) in the UR-7* zone is limited to six(6) units per acre.
7. Pursuant to Section 14.618.375 (Utilities) of the Zoning Code, all utility hardware shall be
placed underground or screened from view with a decorative block wall or landscaping. Said
screening shall be as tall as the highest portion of the equipment and shall be permanently
maintained.
8. The applicant shall apply for an administrative exception from required lot frontages for
Lots 5 and 6 of the preliminary plat.
B. Prior to final plat approval, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPT—PLANNING DIVISION_
1. In order to comply with Section 14.618.365 (Walls) of the Zoning Code, the applicant shall,
prior to final plat approval, construct a six(6)-foot high concrete, masonry, or decorative block
wall, solid landscaping or sight-obscuring fence ("screening") along the final plat's north property
line. Further, the applicant shall submit a written agreement agreeing that the applicant or
successors in interest shall continuously maintain in good condition the six(6)-foot high
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 six(6)-foot high screening along the portion of the property under
their direct control.
2. Pursuant to Section 12.400.134 (Professional Land Surveyor) of the Subdivision Ordinance,
the applicant shall submit a final plat made by or under the supervision of a professional land
surveyor, who shall certify on the final plat that it is a true and correct representation of the lands
actually surveyed. All surveys shall comply with the Survey Recording Act(RCW Chapter
58.09), Survey and Land Descriptions (WAC Chapter 332-130), and the City of Spokane Valley's
Interim Standards for Road and Sewer Construction, as amended.
3. The submitted final plat shall comply with all submittal requirements specified in Chapter
12.400 of the Subdivision Ordinance.
4. The face of the final plat shall state: "All lots within this plat shall comply with the building
setback requirements, maximum building height standard, maximum lot coverage standard and
other applicable lot development standards for the UR-7* zone, or successor zone, in effect at the
time of building permit application."
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 12
5. Demolition of the existing detached structures shall be permitted and final inspected by the
City of Spokane Valley Building Division and Spokane County Air Pollution Control Authority,
prior to final plat approval.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
6. Frontage improvements are required on Flora Road. Flora Road is designated as a Collector
Arterial street. The frontage improvements include eighteen and one-half(18 1/2) feet of asphalt width
from road centerline, Type B curb and gutter(2 feet), ten(10) foot roadside swale a ten(10) foot
sidewalk. The total width of improvements is forty and one-half(401/2 ) feet. Current right-of-way is
sixty(60) feet, with one-half( %2 ) of the right-of-way being thirty(30) feet. A border easement, which
extends to back of sidewalk, of ten and one-half(10 %2 ) feet is required. The easement shall be
referenced in the final plat language and designated on the final plat 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 shall confirm the right-of-way location and width(s). The building setback begins at the edge
of the border easement.
7. Frontage improvements are required on Mission Avenue. Mission Avenue is designated as a
Minor Arterial street. The frontage improvements include twenty three (23) of asphalt width from road
centerline, Type B curb and gutter(2 feet), ten(10) foot roadside swale a five (5) foot sidewalk. The
total width of improvements is forty(40) feet. Current right-of-way is sixty(60) feet,with one-half
( 1/2 ) of the right-of-way being thirty(30) feet. A border easement, which extends to back of sidewalk,
of ten(10) feet is required. The easement shall be referenced in the final plat language and designated
on the final plat 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 shall confirm right-of-way location and
width(s). The building setback begins at the edge of the border easement.
8. A Professional Engineer, licensed in the State of Washington, shall submit final street and
drainage plans and a drainage report, including calculations that conform to the 2001 Edition of the
Spokane County Standards for Road and Sewer Construction(as adopted by the City, and as
amended); the 1998 Spokane County Guidelines for Stormwater Management(as adopted by the City,
and as amended); and all other applicable standards.
9. Frontage improvements are required on Bell Street. Bell Street is designated as a Local Access
street. The frontage improvements include fifteen(15) feet of asphalt width from road centerline, Type
B curb and gutter (2 feet), ten(10) foot roadside swale, and a five (5) foot sidewalk. The total width of
improvements is thirty-two (32) feet. The current right-of-way is thirty-eight(38) feet; with one-half
( 1/2 ) of the right-of-way being nineteen(19) feet. A border easement, which extends to back of
sidewalk, of thirteen(13) 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 shall confirm right-of-way location and width(s). The
building setback begins at the edge of the border easement.
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 13
10. A Professional Engineer, licensed in the State of Washington, is required to submit a final street
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, as amended), the
1998 Spokane County Guidelines for Stormwater Management (as adopted by the City, as amended),
Spokane Valley Ordinance 05-013 (or as amended) and all other federal, state and local regulations.
11. A topographic low spot is located on the site at the Mission Road and Flora Road intersection.
The drainage design shall include offsite as well as onsite runoff.
12. The internal street and driveway approach design shall follow the 2001 Spokane County Road
and Sewer Standards as amended.
13. Transportation Concurrency has been met for this project.
14. Flora Road is designated as a Collector Arterial street. The required intersection spacing is a
minimum of one hundred fifty(150) feet.
15. The applicant must show utility easements on the final plat(i.e. telephone, power, etc.) The
permitee is responsible for arranging for all necessary utility adjustments, relocations, or improvements
as required for completion of the project. The developer needs to contact the purveyors of each
affected utility regarding private service, utility improvement, and any relocation and adjustment costs.
All rigid objects shall be located out of the clear zone. The clear zone requirements can be found in the
2001 Spokane County Road and Sewer Standards, or as amended.
16. A landscaping plan, which shows the landscaping proposed to be placed in vegetated stormwater
facilities, such as channels, ditches, swales, ponds, etc., must be submitted with the site construction
plan for review.
17. A Temporary Erosion and Sedimentations Control(TESC) plan, prepared by a Washington State
licensed Professional Engineer, shall be prepared and submitted with the site construction plans. The
TESC plan is to follow 1998 Spokane County Guidelines for Stormwater Management.
18. The TESC structures (such as silt ponds, silt traps) shall be installed prior to the start of site
work, and the TESC measures are to be implemented and maintained throughout the duration of
construction and until the site has stabilized.
19. Right-of-way dedication and border easements much be designated on the final plat map.
20. Plat language will be determined at the time of final plat submittal. The applicant shall contact the
City of Spokane Valley Public Works Department, prior to final plat submittal, for appropriate
language.
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 14
SPOKANE COUNTY DIVISION OF UTILITIES:
21. 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".
22. 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 within
the Flora Meadows reimbursement area. The applicant should contact this office concerning that
agreement.
23. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization
of the project.
24. 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 and in accordance with the Spokane County Sanitary Sewer
Ordinance.
25. Security shall be submitted to the Division of Utilities prior to approval of the Sewer Design
Plans.
26. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE REGIONAL HEALTH DISTRICT:
27. The final plat shall be designed substantially as indicated on the preliminary plat map of
record and/or any attached sheets as noted.
28. Appropriate utility easements shall be indicated on copies of the preliminary plat of record,
for distribution by the City Department of Community Development to the utility companies, City
of Spokane Valley Public Works Department, and the Spokane Regional Health District.
29. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
30. Water service shall be coordinated through the Director of Utilities, Spokane County.
31. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 15
32. Prior to filing the final plat, the applicant shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
33. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection use shall be approved by the water purveyor. Said water plan must have been approved
by the fire protection district and the appropriate health authorities. The health authorities, water
supplier(purveyor), and the fire protection district will certify, prior to the filing of the final plat,
on the face of said water plan that the plan is in conformance with their requirements and will
adequately satisfy their respective needs. Such water plan and certification will be drafted on a
transparency suitable for reproduction.
34. The purveyor will also certify prior to filing the final plat, on a copy of said water plan, that
appropriate contractual arrangements have been made with the plat sponsor for construction of
the water system, in accordance with the approved plan and time schedule. The time schedule
will provide, in any case, for completion of the water system and inspection by the appropriate
health authorities prior to application for building permits within the plat. The contractual
arrangement will include a provision holding City of Spokane Valley, Spokane Regional Health
District, and the purveyor harmless from claims by any lot purchaser refused a building permit due
to failure of the plat sponsor to satisfactorily complete the approved water system.
35. A public sewer system will be made available for the plat and individual service will be
provided to each lot prior to sale. The use of individual on-site sewage disposal systems shall not
be authorized.
36. 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."
37. The dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
38. The fmal 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, City of Spokane
Valley Building Division and water purveyor, shall be installed within this subdivision and the
applicant shall provide for individual domestic water service as well as fire protection to each lot
prior to sale of each lot and prior to issuance of a building permit for each lot."
SPOKANE COUNTY FIRE DISTRICT NO. 1:
39. Addressing and street names are required to be consistent with area streets and addresses.
40. The installation of one (1) new fire hydrant will be required on the northeast corner of Flora
Road and Augusta Court.
41. The applicant shall provide a water plan showing the location of the required hydrant and
the size of the water main.
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 16
42. Nora Court must be changed to Augusta Court.
AVISTA UTILITIES:
43. A ten(10)-foot wide easement strip is required along all sides of the plat, and adjacent and
behind the private access of Augusta Court.
44. The face of the final plat shall state: "Dry Utility easements shown on the herein described
plat are hereby dedicated for the use of serving utility companies for the construction,
reconstruction, maintenance, protection, inspection and operation of their respective dry facilities,
i.e., fiber optic, cable, phone, natural gas and electric, together with the right to prohibit changes
in grade that will alter the existing coverage over install underground facilities and the right to
prohibit, trim or remove trees, bushes, landscaping situated within said easement and to prohibit
structures that may interfere with the inspection, construction, reconstruction, reliability,
maintenance, and safe operation of same. Said provision does not prohibit lateral crossing of said
easement with residential water or sewer service lines, but shall prohibit installation of water
meter boxes in said easement. In addition, the installation of street light poles, unless installed by
serving utility and brick, rock or masonry structures within the aforementioned utility strip unless
installed by a serving utility, is prohibited."
C. Prior to or during on-site construction the applicant or successors in interest shall:
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
1 DIVISION:
1. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
2. 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.
3. For construction affection public right-of-way the following process must be done:
a. Thirty(30) days prior to construction, the applicant shall mail out 4"x6" minimum size
postcards to all residents and businesses within four hundred(400) feet of the project limits and
one copy shall be sent to Spokane Valley Public Works Department providing project
construction details. These addresses can be obtained from a title company.
b. Fourteen(14) days prior to construction, a sign shall be securely posted at each
ingress to the project area that is clearly visible from the right-of-way providing project
construction details.
4. The Regional Pavement Cut Policy(Spokane Standards, Technical Reference F) may
prevent or limit pavement cuts in the adjacent street(s).
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 17
5. 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 Spokane Valley Public Works Department 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.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
6. Dust emissions during demolition, construction, and excavation projects shall be controlled.
Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers
or suspension of activity during certain weather conditions.
7. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto
paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately
to clean these surfaces.
8. Debris generated as a result of this project shall be disposed of by means other than burning.
9. If objectionable odors result from this project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
10. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
11. A Notice of Construction and Application for Approval shall be submitted and approved
by SCAPCA prior to the construction, installation, or establishment of an air pollution source.
This includes emergency generators rated at 500 hp (375 kW) or higher, natural gas heating
equipment units rated at 4 MMBTU/hr or higher(input), and heating equipment units fired with
other fuels (e.g. diesel) rated at 1 MMBTU/hr(input) or higher. Contact SCAPCA for a Notice
of Application.
12. A Notice of Intent shall be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application.
13. 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
14. If any artifacts or human remains are found upon excavation, the office should be notified
immediately and the work in the immediate area cease.
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 18
WASHINGTON STATE DEPARTMENT OF ECOLOGY
15. Proper erosion and sediment control practices may 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, at http://www.ecy.wa.gov/programs/wq/stormwater/eastern
manual/manual.html. All ground disturbed by construction activities must be stabilized. When
appropriate, native vegetation typical of the site should be used.
DATED this 15th day of February, 2007
CITY HEARING EXAMINER PRO TEM
ch4graja4
Mic .el C. Dempsey, W BA 15 5
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Section 10.35.150 of the City of Spokane Valley Municipal Code (SVMC), as
amended, the decision of the Hearing Examiner on a combined application for a zone
reclassification and preliminary plat is final and conclusive unless within fourteen(14) calendar
days from the Examiner's written decision, a party of record aggrieved by such decision files an
appeal with the City Council of the City of Spokane Valley, City Hall, 11707 E. Sprague Avenue,
in Spokane Valley, Washington; in accordance with all the requirements of SVMC#10.35.150.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on February 15, 2007. THE APPEAL CLOSING DATE IS MARCH 1,
2007.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-7490. The file may be
inspected during normal working hours, listed as Monday- Friday of each week, except holidays,
between the hours of 8:30 a.m. and 5:00 p.m. After the appeal period, the file may be inspected
at the City of Spokane Valley Department of Community Development, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, WA. Copies of the documents in the
record will be made available at the cost set by City of Spokane Valley Ordinance.
Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision REZ-26-06/SUB-07-06 Page 19