REZ-28-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Applications for a Zone Reclassification )
from the UR-3.5 Zone to the UR-7* ) FINDINGS OF FACT,
Zone, and for the Preliminary Plat of ) CONCLUSIONS OF LAW,
Greenacres Valley Estates; ) AND DECISION
Applicant: Whipple Consulting Engineers )
File No. REZ-28-05/SUB-13-05 )
)
I. SUMMARY OF DECISION
Hearing Matter: Applications for a rezone from the UR-3.5 zone to the UR-7 zone, and for a
preliminary plat.
Summary of Decision: Approve applications, subject to conditions of approval. The preliminary
plat will expire on May 26, 2011. 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 applications seek approval of a zone reclassification from the Urban Residential-3.5
(UR-3.5) zone to the Urban Residential-7* (UR-7*) zone, on 8.86 acres of land; and a
preliminary plat to subdivide such acreage into 37 lots for single-family dwellings and one (1)
common open space tract.
2. The site is located along the north side of Indiana Avenue, immediately northwest of the
intersection of Indiana Avenue and Greenacres Road; in the SE 1/4 of Section 7, Township 25N,
Range 45 EWM, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 55074.0612, .0616,
.0618 and .0619. The property is legally described on the preliminary plat map of record. The
three (3) homes on the site are addressed at 18203, 18215 and 18223 E. Indiana Avenue.
4. The applicant is Whipple Consulting Engineers, Inc., do Todd Whipple, 13218 E. Sprague
Avenue, Spokane Valley, WA 99216. The site owner is PAKIBA, LLC, 601 S. Division Street,
Spokane, WA 99201.
5. On November 2, 2005, the applicant submitted complete applications for a zone
reclassification and preliminary plat, including a revised preliminary plat map, to the City
Department of Community Development in File No. REZ-11-04/SUB-08-04. The revised
preliminary plat map is considered the preliminary plat map of record.
6. On March 31, 2006, the City Department of Community Development-Planning Division
issued a Determination of Nonsignificance (DNS) for the proposal. The DNS was not appealed.
BE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 1
7. The Hearing Examiner conducted a public hearing on the proposal on May 11, 2006. The
notice requirements for the public hearing were met. The Examiner conducted a site visit on May
9, 2006.
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:
Karen Kendall,Associate Planner
Current Planning Todd Whipple
City o Spokane Valley Whipple Consulting Engineers
11707 E Sprague Ave Suite 106 13218 E. Sprague Avenue
Spokane Valley, WA 99206-6124 Spokane Valley, WA 99216
Mary Pollard
17216 E Baldwin Ave
Spokane Valley, WA 99016-9506
10. The Hearing Examiner takes notice of the City of Spokane Valley Interim Comprehensive
Plan, Zoning Code, Subdivision Ordinance, 2001 Standards for Road and Sewer Construction
("City Road Standards"), Guidelines for Stormwater Management, Municipal Code and Critical
Areas Ordinance; other applicable development regulations; and prior land use decisions in the
vicinity
11. The record includes the documents in the project file at the time of the public hearing, the
documents and testimony submitted at the public hearing, and the items taken notice of by the
Hearing Examiner. The Examiner also includes in the record a copy of the preliminary plat map
of record in File No. SUB-11-04, submitted on September 13, 2004.
12. The site is 8.86 acres in size, irregular in shape, and comprised of four(4) tax parcels. The
south portion of the site along Indiana Avenue is improved with three (3) single-family residences
and an outbuilding. The property is relatively flat in topography; and is vegetated with some
evergreen and deciduous trees, and shrubs and grasses.
13. The preliminary plat map of record submitted on November 2, 2005 illustrates division of
the site into 37 lots for single-family dwellings, and one (1) common open space tract of 5,952
square feet. The lots range in size from 6,728 square feet to 12,482 square feet, with an average
lot size of approximately 8,500 square feet.
14. The density(net) of the preliminary plat is 5.02 dwelling units per acre. The existing
improvements on the site are intended to remain, with individual lots created for each of the three
(3) existing homes on the site.
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 2
15. Internal circulation within the preliminary plat would be provided by a system of public
roads; which would access Indiana Avenue, and the intersection of Indiana Avenue and
Greenacres Road, at the southeast corner of the site. The internal road system would connect in
• two (2) locations to the internal public road system currently planned for the preliminary plat
approved in File No. SUB-11-04, located directly north of the site. The internal road system
would provide a stub road connection to the west boundary of the site, in the north part of the
preliminary plat.
16. In approximately 1994, Spokane County approved an area-wide rezone that reclassified the
zoning of the site, and the other land in the area lying west of Barker Road, between Mission
Avenue on the south and the Spokane River on the north, from the Urban Residential-3.5 (UR-
3.5) zone to the Suburban Residential-1 (SR-1) zone of the County Zoning Code. The zoning of
the land lying south of Mission Avenue, west of Barker Road, remained zoned UR-3.5. See
decision in File No. ZE-17-94.
17. In 1999, the preliminary plat of Flora Meadows was approved, through an appeal to the
State Supreme Court, on nine (9) acres of land located at the northeast corner of the intersection
of Baldwin Avenue and Flora Road. The preliminary plat proposed the division of nine (9) acres
of land into 31 lots for single-family residences, in the UR-3.5 zone, at an approximate density
(net) of 4.35 dwelling units per acre. See File No. PE-1706-93. The preliminary plat recently
received final plat approval as Flora Meadows, and is in the process of being developed.
• 18. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA) boundaries and Phase I Development Regulations, pursuant to the
State Growth Management Act. See County Resolution Nos. 2-0037 and 2-0470.
19. The County Comprehensive Plan designated the site and neighboring land in the Low
Density Residential category; and designated the land lying south of Mission Avenue, east of
Barker Road, in the Medium Density Residential category.
20. The County Phase I Development Regulations designated the site and other land in the area
in the UGA; reclassified the zoning of the site, and other land in the area lying west of Barker
Road and zoned SR-1 zone, to the UR-7* zone; and retained the UR-3.5 zoning of the land lying
south of Mission Avenue, west of Barker Road, in the area.
21. The County Phase I Development Regulations restricted the residential density(net) of land
designated in the Low Density Residential category, and reclassified to the UR-7* zone under
such regulations, to six(6) dwelling units per acre.
22. On March 31, 2003, the City of Spokane Valley was incorporated. The site and area are
located in the east portion of the city.
23. Upon incorporation, the City of Spokane Valley adopted by reference the County's
comprehensive plan, subdivision ordinance, zoning code, Phase I Development Regulations,
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 3
zoning maps and other development regulations; with certain minor revisions. The City retained
the zoning and comprehensive plan designations for the site and other land in the area.
24. The City adopted the designation"UR-7*"to identify UR-7 zoning established under the
County Phase I Development Regulations, within which residential density(net) is limited to six
(6) dwelling units per acre; and to identify UR-7 zoning established through rezoning under the
City Phase I Development Regulations, for land designated in the Low Density Residential
category of the City Comprehensive Plan, within which residential density(net) is limited to six
(6) dwelling units per acre.
25. On October 12, 2003, the City approved a preliminary short plat to divide 3.2 acres located
along the north side of Mission Avenue, approximately 630 feet east of Flora Road, into seven(7)
lots for single-family dwellings See File No. SHP-12-03. Such preliminary short plat was
finalized as Hidden Valley 2nd Addition, for 10 lots. See County Assessor's map for the South 1/2 •
of Section 7.
26. On December 8, 2003, the Hearing Examiner approved the preliminary plat/PUD of Flora
Springs, and a Planned Unit Development(PUD) Overlay zone, to divide 9.54 acres of land
located along the north side of Mission Avenue, approximately 950 feet east of Flora Road and
one-third(1/3) mile southwest of the site, into 54 lots for single-family dwellings and 1.4 acres of
common open space, in the UR-7* zone. The approval required the density(net) of the
preliminary plat/PUD to be reduced from 6.46 dwelling units per acre to six(6) dwelling units per
acre. See Hearing Examiner decision in File No. PE-1921-03/PUDE-5-03. Such preliminary plat
recently received final plat approval, as Flora Springs PUD, for a total of 50 lots. See County
Assessor's map for Section 7.
27. On March 12, 2004, the Hearing Examiner approved a rezone for 7.87 acres of a 8.79-acre
parcel, located at the northeast corner of the intersection of Barker Road and Mission Avenue,
from the Community Business (B-2) zone to the UR-7* zone; and approved a preliminary plat to
divide such parcel into 21 lots, including 20 lots to accommodate a total of 40 two-family
(duplex) dwelling units on the portion of the parcel rezoned to the UR-7* zone, and one (1) lot
for unspecified commercial development on the .92-acre portion of the parcel remaining in the B-
2 zone. See Hearing Examiner decision in File No. REZ-18-03/SUB-14-03. Such preliminary
plat has received final plat approval, and has been developed for residential uses.
28. On July 20, 2004, the Hearing Examiner City approved a preliminary plat to subdivide 11.59
acres of land located along Baldwin Avenue, between the Flora Meadows final plat on the west
and Tschirley Avenue/Tschirley Avenue extended on the east, approximately one-third(1/3) mile
west of the site, into 55 lots for single-family dwellings, in the UR-7* zone. The preliminary plat
had a density(net) of 5.92 dwelling units per acre; with lots ranging from 6,222 square feet to
17,947 square feet in size, and an average lot size of approximately 7,360 square feet. See
Hearing Examiner decision in File No. SUB-05-04. Such preliminary plat recently received final
plat approval as Hidden Valley.
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 4
•
29. On October 26, 2004, the Hearing Examiner approved the preliminary plat of Flora Estates
(SUB-08-04), to divide 3.67 acres of land located at the southeast corner of the intersection of
Flora Road and Mission Avenue into 18 lots for single-family dwellings, and a rezone of such
acreage to the UR-7* zone. The preliminary plat has a density(net) of 5.7 dwelling units per
acre, lot sizes ranging from 6,587 square feet to 9,928 square feet, and an average lot size of
7,169 square feet. See Hearing Examiner decision in File No. REZ-11-04/SUB-08-04.
30. Effective February 9, 2005, the City approved an area-wide rezone that legislatively
reclassified the UR-7* zoning of the site, and the other land in the area located north of Mission
Avenue and east of Barker Road in the area zoned UR-7*, to the UR-3.5 zone. See City
Ordinance No. 05-003, a copy of which is included in Exhibit#13.
31. On March 15, 2005, the Hearing Examiner approved a preliminary plat to divide 3.18 acres
of land located along the south side of Baldwin Avenue, south of the final plat of Hidden Valley
and north of Hidden Valley 211d Addition, into 11 lots for single-family dwellings, in the UR-7*
zone. Such application was submitted prior to the effective date of City Ordinance No. 05-003.
The preliminary plat had a density(net) of 4.0 dwelling units per acre; with proposed lots ranging
from 8,194 square feet to 14,696 square feet in size, and an average lot size of 10,863 square feet.
See decision in File No. SUB-12-04. Such preliminary plat was recently fmalized as Hidden
Valley First Addition.
32. On April 26, 2005, the Hearing Examiner approved a preliminary plat to divide 3.25 acres of
land located on the north side of Mission Avenue, directly west of Hidden Valley 2nd Addition,
into 13 lots for single-family dwellings, in the UR-7* zone, at a density(net) of approximately
5.18 dwelling units per acre. See decision in File No. SUB-03-05. On the same date, the Hearing
Examiner approved a preliminary plat to divide 3.02 acres of land located along the south side of
Baldwin Avenue, directly northwest of the preliminary plat approved in File No. SUB-03-05, into
10 lots for single-family dwellings, in the UR-7* zone, at a density(net) of approximately 4.4
dwelling units. See decision in File No. SUB-01-05. The applications in File Nos. SUB-01-05
and SUB-03-05 were submitted prior to the effective date of City Ordinance No. 05-003.
33. On April 28, 2005, the Hearing Examiner approved a preliminary plat("D2 Subdivision") to
divide 9.35 acres located directly north of the site, at the southwest corner of the intersection of
Montgomery Avenue and Riverway Road, into 45 lots for single-family dwellings, in the UR-7*
zone. The density(net) of the preliminary plat is 6.0 dwelling units per acre. The lots in the
preliminary plat range from 6,234 square feet to 11,959 square feet in size, with an average lot
size of 7,265 square feet. The preliminary plat application was submitted prior to the effective
date of City Ordinance No. 05-003. See decision in File No. SUB-11-04.
34. On May 10, 2006, the City adopted a new Comprehensive Plan. The City is in the process
of drafting new zoning regulations to implement such plan.
35. The fmal plats recently approved in the area are in various stages of development, with a
large number of new homes already constructed in the Hidden Valley final plat; and roads, utilities
and grading being installed in the Hidden Valley First Addition, Hidden Valley 2nd Addition, and
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 5
{
Flora Meadows developments. Neighboring land otherwise consists of parcels ranging from one-
fourth(1/4) of an acre to approximately five (5) acres in size; most of which are developed with
single-family dwellings; along with some associated farming and large animal keeping on acreage
parcels, and some undeveloped land.
36. The land located east of Barker Road, between the Spokane River and Mission Avenue, is
generally developed with single-family dwellings at urban densities, on land zoned UR-3.5 or UR-
7. Some limited commercial uses are found along Barker Road north of the Interstate-90/Barker
Road freeway interchange. A community learning center is located along the east side of Barker
Road, south of Mission Avenue. A wide range of commercial uses is found a few miles west and
southwest of the site, respectively, along Broadway Avenue, Sullivan Road and Sprague Avenue.
37. The Interstate-90/Barker Road interchange is located approximately two-thirds (2/3) of a
mile southeast of the site. Flora Road passes over I-90 to the southwest, but does not directly
access the freeway at such location. Broadway Avenue extends west from Flora Road; and
provides a route to commercial uses located along Sullivan Road and Broadway Avenue (near
Sullivan Road), and to Interstate 90. Trent Avenue (SR-290), located a few miles to the north, is
a state highway.
38. The Spokane River lies approximately 900 feet northeast of the site, at its closest point to
the site. The Spokane Centennial Trail, located on state/city parkland, runs along the south side
of the river in the area. The City of Liberty Lake lies approximately three-fourths (3/4) mile east
of the site, based on a recent annexation(effective April 12, 2006) that extended the city limits to
Hodges Road extended, at the City of Spokane Valley's easterly boundary.
39. The roads in the area are paved, but generally lack curb and sidewalk. Portions of Mission
Avenue near Flora Road, and east of Barker Road, have curb and/or sidewalk. Curb and sidewalk
are required to be installed on public roads within and bordering the final plats approved in the
area between 1999 and 2005.
40. The City is currently widening and improving Barker Road to City standards in the area,
with plans to install a traffic signal at the intersection of Barker Road and Mission Avenue in
2007. Road and public sewer improvements are currently being made to Baldwin Avenue and
Flora Road along the frontage of the Hidden Valley plats and the Flora Meadows plat. Arc Road
was recently extended between Baldwin Avenue and Mission Avenue to the southwest. Public
sewer has been installed in Baldwin Avenue, between Flora Road and Indiana Avenue.
41. Michael Coyle, the owner of a .6-acre lot located along the north side of Indiana Avenue
approximately 80 feet southeast of the site, submitted a letter in opposition to the proposal.
Coyle objected to the proposal based on the recent rezone of the site and land in the area from the
UR-7* zone to the UR-3.5 zone, unsuitability of the area for dense housing, increased traffic,
increased crime, increased pollution, and lack of adequate funding for public services.
42. Kurt Parker, the owner of a .6-acre lot located 440 feet south of the site, along the east side
of Greenacres Road, submitted a letter in opposition to the proposal; based on the poor
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 6
infrastructure in the area, lack of improvement to the substandard roads located outside the
project boundaries, increased traffic on narrow roads, approval of piecemeal development and the
rezoning of land to the UR-7* zone in the area, and other concerns.
43. Kevin and Sheila Schmidt, the owners of a .5-acre parcel located directly south of the site
across Indiana Avenue, at the southwest corner of the intersection of Indiana Avenue and
Greenacres Road, submitted a letter indicating that their septic tank may be located in the middle
of Indiana Avenue; and that if the septic tank is damaged an rendered unusable by the installation
of public sewer in Indiana for the proposal, they be compensated and allowed to connect to the
public sewer without charge. The Schmidt's expressed concern that the public hearing was being
held at a time when people work, requested to see the drainage plans for the proposal, requested
that any flooding of their property by drainage from the proposal be corrected, stated that Indiana
Avenue is not capable of handling the volume of traffic created by additional developments in the
area, expressed concern that a bird of prey(red-tailed hawk) nest located nearby, requested
installation of a form of barricade because the proposal would access Indiana Avenue at a point
lying north of the bedrooms to their residence, and requested a preconstruction inspection and
protection from any damage that may occur due to machinery used to build the development.
44. The only other concerns or opposition expressed regarding the proposal were submitted by
Mary Pollard, the owner of a 1.6-acre parcel located approximately one-half(1/2) mile southwest
of the site, along the south side of Baldwin Avenue. Indiana Avenue connects with Baldwin
Avenue approximately .4 miles west of the site, via a 200-foot long extension of Tschirley Avenue
from north to south.
45. Mary Pollard raised numerous concerns regarding the proposal; including opposition to the
rezone because of the recent rezone of the land in the area to the UR-3.5 zone at the request of
property owners in the area, cumulative impacts on school capacity from the proposal and large
residential developments planned east of Barker Road, lack of recreational opportunities for
residents in the proposal, insufficient study of road intersections impacted by the project, failure of
the project traffic study to consider cumulative traffic impacts generated by developments planned
east of Barker Road, failure of the project traffic analysis to use proper background growth rate
for traffic, lack of transportation concurrency for project, need to improve Indiana Avenue east to
Barker Road for the project, degradation of the paved surface of area roadways by construction
traffic, unmitigated traffic impacts to the I-90/Barker Road freeway interchange, narrowness of
the public roads serving the proposal, safety hazard presented by skewed alignment of Greenacres
Road in preliminary plat with existing Greenacres Road to the south, lack of adequate access and
traffic safety dangers resulting from road construction and closure of Barker and Flora Roads,
inadequate connectivity of internal road system for preliminary plat to external road system, lack
of coordination between public construction project on Barker Road and private road
construction in area, failure of new developments to comply with ADA requirements for ,
sidewalks, impacts from road construction to cesspool located under pavement on Indiana
•
Avenue near the site, potential impact on a red-tailed hawk nesting in large trees along Indiana
Avenue near the site, truck traffic on Barker Road, trucks traveling through neighborhoods due to
road construction on Barker Road, closure of Barker Road during improvements to Barker Road
bridge during 2007 and 2008, impacts to livestock on land abutting new development,
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 7
construction debris blowing onto adjacent properties, construction noise and vibration,
unregulated hours of construction, dust impacts from road and new home construction, light
pollution from street lights in new subdivisions, failure to control noxious weeds on construction
sites, view impacts and loss of lateral support from raising the grade of land in new subdivisions
to accommodate gravity sewer lines, potential drainage impacts to neighboring properties, loss of
mature trees, impaired sight distance at the intersection of Mission Avenue and Flora Road,
renting of housing in new subdivisions, and other concerns.
46. 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.
47. 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.
48. Pursuant to RCW 58.17.033, a preliminary plat must be considered under the zoning and
other development regulations in place at the time fully completed application for the preliminary
plat is submitted. Under Section 13.300.110 of the City's application review procedures for
project permits, a land use application must be reviewed under the development regulations in
place when a complete application for the land use action is submitted. The date of complete
application for the current preliminary plat is November 2, 2005.
49. 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.
50. The UR-3.5 zone, which currently applies to the site, is intended to promote areas of
primarily single-family residences in an urbanized neighborhood setting. Such zone permits
single-family homes, duplexes and certain other uses. The UR-3.5 zone permits a maximum
residential density of 4.35 dwelling units per acre.
51. 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 subject property. The implementing zones for the Low Density Residential category,
in which the site is designated, are the UR-3.5 zone and the UR-7* zone. The proposed rezone of
the site to the UR-7* zone, accordingly, implements the Low Density Residential category of the
City Interim Comprehensive Plan.
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 8
52. 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.
53. The City Phase I Development Regulations limit new residential development on land
rezoned to the UR-7, and designated in the Low Density Residential category of the
Comprehensive Plan, to a maximum density of six(6) dwelling units per acre. Such zoning is
referred to as the "UR-7*" zone. The UR-7 zone otherwise permits a density of seven(7)
dwelling units per acre. 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.
54. 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 is applicable along the east and west boundaries of the site, and would help buffer
adjacent properties to the east and west from the higher density housing proposed on the site. In
the event the preliminary plat to the north receives final plat approval, such requirement should
not be imposed on the north boundary of the site, because the preliminary plat to the north was
approved under the UR-7* zone.
55. Policy UL.8.1 and Goal UL.8 of the Comprehensive Plan recommend the creation of urban
areas with a variety and mix of housing types and prices in residential areas. Policy UL.9.1
recommends that residential densities in the Low Density Residential category of the
Comprehensive Plan range from 1-6 dwelling units per acre. Policy UL.9.2 recommends that the
City seek to achieve an average residential density in new development of at least four(4)
dwelling units per acre, through a mix of densities and housing. The preliminary plat, which has a
density(net) of 5.02 dwelling units per acre, and the proposed rezone of the site to the UR-7*
zone, is consistent with such policies.
56. Policy H.3.2 of the Comprehensive Plan recommends that infill development be designed to
preserve the character of the neighborhood. Design standards adopted by the County are
intended to ensure neighborhood character and compatibility with adjacent uses. See page UL-1
of Comprehensive Plan.
57. Policy UL.2.11 of the Comprehensive Plan promotes the linkage of developments with open
space, parks, natural areas and street connections. Policy T.4a.9 of the Comprehensive Plan
states that adequate access to and circulation within all developments shall be maintained for
emergency service and public transportation vehicles.
58. Policy UL.2.14 of the Comprehensive Plan recommends that separated sidewalks be
required on public roads in all new residential subdivisions. Policy T.3e.1 recommends that the
City transportation network provide safe and convenient bicycle and walking access between
housing, recreation, shopping, schools, community facilities and mass transit access points; and
that obstructions and conflicts with pedestrian and bicycle movement be minimized.
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 9
59. Policy UL.2.20 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 all means of
transportation; but finds that cul-de-sacs and other closed street systems may be appropriate
under certain circumstances.
60. Policy UL.2.21 recommends that techniques be considered to slow vehicle traffic and reduce
the volume of traffic in residential neighborhoods, giving due consideration to traffic and
pedestrian safety, mobility and the transportation policies of the Comprehensive Plan.
61. Policy T.2.2 of the Comprehensive Plan recommends that transportation improvements
needed to serve new development be in place at the time new development impacts occur, or that
a financial commitment, consistent with the City's Capital Facilities Plan, be made to complete the
improvement within six(6) years.
62. Policy T.4a.2 of the Comprehensive Plan recommends that the capacity of existing roads be
maximized to minimize the need for new or expanded roads, through the use of signalization,
improved signage and other means.
63. Policy P0.3.3 of the Comprehensive Plan recommends that new development mitigate a
portion of its direct impacts on the availability of parks, open space and recreation facilities; using
methods such as dedication of land, donation of labor, donation of equipment and materials, or
entering into an agreement with the County to provide for payment of a fee.
64. Policy CF.9.6 of the Comprehensive Plan encourages the expansion of school facility
capacity at a comparable rate with that of private residential development and demographic
trends. Policy CF.9.7 recommends that the adequacy of school facilities be considered when
reviewing new residential development.
65. The Staff Report sets forth other relevant policies of the Comprehensive Plan.
66. The findings adopted by the City Council in approving Ordinance No. 05-003, which
reclassified the zoning of the area from the UR-7* zone to the UR-3.5 zone, state, in pertinent
part, that the proposed UR-3.5 zoning is consistent with surrounding zoning, particularly south of
Mission Avenue; the City Phase I Development Regulations do not provide any criteria to help
determine which land designated in the Low Density Residential category of the City Interim
Comprehensive Plan should be zoned UR-3.5 or UR-7*; significant testimony in support of the
rezone was submitted by proponents of the rezone, including concerns about the adequacy of
roads, parks, schools and environmental impacts; lowering the allowed density in the area will
lessen the impacts from new development; and property owners may request a site specific rezone
back to the UR-7* zone via the Hearing Examiner process.
67. The Staff Report found that the proposal is consistent with the City Phase I Development
Regulations and the City Interim Comprehensive Plan. The owners of land abutting the site did
not object to the proposal. The 9.35 acres lying directly north of the site are zoned UR-7*, and
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 10
have received preliminary plat approval for development similar to the current proposal, but at a
higher residential density(net) of six(6) dwelling units per acre. The density(net) of the
preliminary plat, at 5.02 dwelling units per acre, under the UR-7* zone, is slightly higher then the
residential density(net) permitted on the site under the UR-3.5 zone of 4.35 dwelling units per
acre. The density differences equate to a difference of approximately 5-6 lots on the 8.86-acre
site.
68. The preliminary plat map of record for the preliminary plat approved north of the site in File
No. SUB-11-04, submitted on September 13, 2004, illustrated connection of the internal road
system in the preliminary plat to Montgomery Avenue in two (2) locations, a connection to
Riverway Road in one (1) location, the extension of Knox Avenue in the south end of the
preliminary plat to the east and west boundaries of the site, and no road connections to the south
adjacent to the current site. See copy of preliminary plat map included in the record by the
Hearing Examiner.
69. A modification to the preliminary plat map of record in File No. SUB-11-04 was recently
submitted to the City Department of Community Development. The revised map modifies the
internal road system in consideration of the current proposal by the Hearing Examiner, but retains
the same number of lots. See page 5 of the Exhibit 14 submitted by the Department of
Community Development. The revised map eliminates the connection to Riverway Road;
illustrates an internal road extending from north to south through the west portion of the
preliminary plat, from Montgomery Avenue south to the current site; and illustrates an internal
road extending south through the east portion of the site, from a cul-de-sac in the north end of the
preliminary plat south to the north boundary of the current site. The revised map also illustrates
the extension of a road between the cul-de-sac in the northeast portion of the preliminary plat
west to the north to south road in the west portion of the preliminary plat; provides an east to
west connection in the south portion of the preliminary plat between the two north to south roads
in the preliminary plat; and removes the connections of the internal road system to the east and
west boundaries of the site.
70. The net effect of the revised preliminary plat map in File No. SUB-11-04, in conjunction
with the current preliminary plat proposal, would be to provide a north to south connection
between Montgomery Avenue and Greenacres Road; and to rely on the east to west roads in the
current preliminary plat for future road extensions toward Long Road to the west and Barker
Road to the east, respectively.
•
71. The preliminary plat illustrates adequate internal circulation and adequate connectivity to the
road system located outside the site. Spokane County Fire District 1 found that access is
adequate in the preliminary plat.
72. The City Development Engineering Division conditions of approval require the applicant to
improve the internal public roads in the preliminary plat to City standards, including the
installation of pavement, curb and sidewalk. Such conditions require the applicant to improve
Indiana Avenue along the frontage of the site, including the installation of additional pavement
width, and curb and sidewalk. Such conditions also require the applicant to submit final drainage
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 11
and road plans in compliance with the City Guidelines for Stormwater Management. The
Guidelines prohibit new development from increasing the volume of drainage discharged onto
adjoining property.
73. The applicant, a qualified traffic engineering firm, prepared and submitted a traffic impact
analysis (TIA) for the preliminary plat. The TIA focused on PM peak hour conditions at the
intersection of Indiana Avenue and Long Road, and Indiana Avenue and Barker Road, as two of
the intersections in the area most impacted by the project, and which were considered
representative of most of the road intersections in the area.
74. The TIA took into account the traffic from all the background developments that had been
approved in the area; and properly adopted a 1% growth rate for miscellaneous traffic increases
prior to buildout of the current proposal, based on actual traffic counts taken over the years in the
area. The TIA properly assumed that developments proposed in the area that had not yet been
approved would be required to analyze and mitigate traffic generated by such developments, and
take into consideration cumulative traffic impacts from the current project, if approved, and other
approved developments in the area. See TIA, and testimony of Todd Whipple.
75. The TIA found that the site would generate 34 PM peak hour trips; only 5% of the PM peak
hour traffic generated by the proposal would travel south on Greenacres Road, to reach Barker
Road via Mission Avenue; 20% of the PM peak hour traffic would travel on Indiana Avenue and
Baldwin Avenue between the site and Flora Road to the west; and 75% of the PM peak hour trips
would travel on Indiana Avenue between the site and Barker Road to the east. The TIA found
that 10% of the PM peak hour traffic from the project along Barker Road would travel north on
Barker Road, from the intersection of Barker Road and Indiana Avenue; and 65% of the PM peak
hour traffic from the project along Barker Road would travel south on Barker Road from such
intersection.
76. The TIA found that all intersections within the study area were functioning at acceptable
levels of service, and that the project would not degrade the level of service (LOS) at any of the
road intersections in the area, at the time of project buildout, below LOS B; assuming
signalization of the intersection of Barker Road and Mission Avenue in 2007. See testimony of
Todd Whipple. The City Road Standards set the minimum acceptable LOS at signalized
intersections at LOS D, and the minimum acceptable LOS at unsignalized intersections at LOS E;
for transportation concurrency purposes.
{
77. The City Public Works Department-Development Engineering Division accepted the TIA;
and properly certified transportation concurrency for the preliminary plat, under the City Phase I
Development Regulations. The traffic mitigation imposed by City Engineering on the proposal
appears to be reasonably related and roughly proportionate to the traffic impact of the proposal
on the public road system in the area.
78. The TIA found that the accident rate at the two study intersections over the most recent 3-
year period for which accident information was available was zero or one-tenth(.1) of the typical
accident threshold for accidents at an intersection before traffic mitigation is warranted.
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 12
79. Project opponents did not submit competent traffic engineering evidence to rebut the
conclusions of the TIA for the preliminary plat, or to establish that the approval of the proposal
would have any significant adverse traffic capacity or safety impacts at area road intersections or
on the public roads traveled by project traffic.
80. The west edge of the paved portion, and the right of way, of proposed Greenacres Road in
the preliminary plat (except along the curve) lies respectively about 7.5 feet and 12.5 feet west of
the east boundary of the Schmidt property located to the north across Indiana Avenue, adjacent to
the right of way for existing Greenacres Road located south of Indiana Avenue. See preliminary
plat map. The aerial photo of the area contained in Exhibit#14 appears to show the Schmidt
home located 20-25 feet west of the east boundary of the Schmidt property. There is no apparent
need for a barrier to protect the bedrooms of the Schmidt property located on the north side of
the Schmidt residence.
81. Indiana Avenue and Greenacres Road are narrow paved roads that do not meet City
standards for pavement width, and due to the lack of curb and sidewalk. However, the applicant
indicated that Baldwin Avenue and Indiana Avenue (and presumably Tschirley Road) would be
paved to an increased width of 24 feet between Flora Road and the site, as a result of extending
public sewer in such roads for the preliminary plats approved east of the site, and for the current
project if approved. Additional widening, and the installation of curb and sidewalk, would also
occur along the frontage of such developments, and any new developments along such roads that
may be approved in the future.
82. County Utilities certified the availability of public sewer to serve the preliminary plat, and
Consolidated Irrigation District No. 19 certified the availability of public water. The proposal
complies with the public sewer and water concurrency requirements of the City Phase I
Development Regulations.
83. Spokane County Air Pollution Control Authority(SCAPCA) conditions of approval require
the applicant to comply with all applicable air quality regulations in the development of the
proposed subdivision, including dust emissions during demolition, construction and excavation
projects. The City Municipal Code makes it a nuisance to disturb the topsoil on property, without
taking measures to suppress and minimize the blowing and scattering of dust so as to
unreasonably disturb or interfere with the peace and comfort of neighboring property owners.
84. The City Phase I Development Regulations do not require direct concurrency for schools,
parks, police or fire protection. Central Valley School District was contacted regarding the f.
proposal, but did not submit any comments.
85. The Spokane Tribe of Indians commented that the area has a high probability of producing
artifacts and possibly human remains, and the area has not been surveyed for such items; and
recommended that some shovel testing and survey be performed on the site. The State
Department of Archaeology& Historic Preservation commented that the area has the potential
for archaeological resources, three (3) recorded archaeological sites are found within one (1) mile
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 13
of the site, development of the site as proposed would likely destroy any archaeological resources,
and discovery during construction was not a recommended detection method for the resources.
Such agency recommended a professional archaeological survey of the site before any on-site
construction, and consultation with the concerned tribe's cultural committees and staff.
86. The applicant objected to being required to conduct an archaeological survey of the site,
considering the lack of any empirical evidence that archaeological resources actually exist on the
property. The Examiner lacks regulatory to require the applicant to conduct such survey where
there is only a possibility of finding archaeological resources on the site. A standard condition
should be imposed requiring the applicant to promptly report the presence of any archaeological
resources found on the site during construction, as well as advising that such resources have been
found in the area.
87. The applicant indicated that it may impose restrictive covenants on the sale of lots that
prohibit the renting of homes in the development for a 1-year, or other designated period of times,
to deter the rental of homes. The Examiner lacks regulatory authority to bar the rental of homes
in the subdivision.
88. The applicant indicated that arrangements would be made for the Schmidt's cesspool/septic
tank located in the middle of Indiana Avenue, if it would be damaged by the installation of public
sewer in such road. This is a property issue to be resolved between the Schmidt's, the applicant,
the private contractor installing the public sewer for the applicant in Indiana Avenue, and County
Utilities. The Schmidt's should promptly notify County Utilities (Billy Urhausen, at 477-7298) of
this situation.
89. The City Municipal Code requires property owners to comply with the maximum
permissible noise levels set forth in Chapter 173-60 WAC, and makes it a nuisance to exceed such
noise levels. The applicant would be obligated to comply with such standards in the development
of the project.
90. The Examiner cannot assume that the applicant will remove the lateral support, or otherwise
damage, adjacent properties in the development of the site. The City Municipal Code adopts state
regulations that prohibit littering on public and private property. This would include litter
generated by construction sites. The City Municipal requires compliance with ADA requirements
for work done pursuant to construction permits issued by the City.
91. The City Critical Areas map does not indicate the presence of any priority wildlife habitat
on or near the site, with the nearest designated priority wildlife habitat being located along the
Spokane River. The City Critical Areas Ordinance does not list the red-tailed hawk as a priority
species that requires protection.
92. The Examiner concurs with the analysis in the Staff Report finding the preliminary plat and
rezone, as conditioned, to be consistent with the Comprehensive Plan and applicable development
regulations.
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 14
93. 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. Block dimensions 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.
94. No public agencies objected to the approval of the proposal, as conditioned. The project
will not have more than a moderate effect on the quality of the environment.
95. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare.
96. 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.
97. Some changes have occurred in the area since the zoning of the site and area was
reclassified to the UR-3.5 zone effective February 9, 2005. This includes approval of the
preliminary plat located to the north under it former UR-7* zoning, revision of the preliminary
plat approved to the north to provide for a unified roadway system with the current proposal, the
finalizing of the Hidden Valley plat and Hidden Valley Additions to the east, the building out of
homes in the Hidden Valley plat, the extension of public sewer and commencement of road and
sewer improvements along Baldwin Avenue and Flora Road, and the construction of road
improvements along Barker Road.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed preliminary plat and zone reclassification to the UR-7* zone, as conditioned,
conform to and implement the City's Interim Comprehensive Plan.
2. The preliminary plat and dedication will serve the public use and interest; and make
appropriate provision for the public health, safety and general welfare.
3. The preliminary Sp lat 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.
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 15
4. 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.
5. The proposed rezone bears a substantial relationship, and will not be detrimental, to the
public health, safety or welfare.
6. 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 environment.
t on the en ronment.
7. 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.
8. Approval of the zone reclassification, as conditioned, is appropriate under Chapter
14.402.020(1) of the City Zoning Code.
9. Approval of the zone reclassification and preliminary plat is appropriate under Chapter
10.35 of the Spokane Valley Municipal Code; and meets the criteria established by Washington
case law for approving a rezone.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the applications for a
preliminary plat and zone reclassification are hereby approved, subject to the compliance with the
conditions of approval 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 preliminary plat and rezone
approval:
BE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 16
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION
1. The Spokane Valley Interim Zoning Map shall be updated to specify an Urban Residential-
7* (UR-7*) zone designation for Parcel Nos. 55074.0612, 55074.0616, 55074.0618 and
55074.0619.
2. The fmal plat shall be developed in substantial conformance with the preliminary plat map of
record submitted on November 2, 2005; and shall have a maximum of thirty-seven(37) single-
family residential lots; unless a change of conditions application is submitted and approved after a
public hearing, pursuant to Section 12.100.120 (Modifications) of the Spokane Valley Interim
Subdivision Ordinance ("Subdivision Ordinance").
3. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance,
the preliminary plat shall automatically expire on May 26, 2011,unless a time extension is timely
submitted and approved for the preliminary plat. If a request for an extension of time is not timely
submitted and approved, the preliminary plat expires and is null and void.
4. Pursuant to Section 12.100.118 (Extensions of Time) of the Subdivision Ordinance, an
application form and supporting data for a time extension must be submitted to the Director at
least thirty(30) calendar days prior to expiration of the preliminary plat.
5. Pursuant to Section 12.100.130 (Enforcement) of the Subdivision Ordinance, any sale,
lease, or transfer of any lot or parcel created pursuant to the City's Subdivision Ordinance that
does not conform to the requirements of the preliminary plat approval or that occurs without
approval, shall be considered a violation of Chapter 58.17 RCW, and shall be restrained by
injunctive action and shall be illegal, as provided in Chapter 58.17 RCW. Each sale, lease, or
transfer of each separate lot or parcel of land in violation of any provision of this ordinance shall
be deemed a separate and distinct offense.
6. Except where noted in conditions of approval, the proposal shall comply with the provisions
of Chapter 14.618 (Urban Residential-7) of the Spokane Valley Interim Zoning Code ("Zoning
Code"), as amended by the City Phase I Development Regulations, regarding density in the UR-
7* zone.
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.
B. Prior to fmal plat approval, the applicant or successors in interest shall:
BE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 17
1
i
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-PLANNING
DIVISION
1. In order to comply with Section 14.618.365 (Walls) of the Zoning Code, the applicant shall,
prior to final plat approval, construct a six(6)-foot high concrete, masonry, or decorative block
wall, solid landsca p in g or si
ht-obscurin
fence ("screening") along the east and wes
t boundaries
of the site. 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,
a final plat shall be submitted and shall be made by or under the supervision of a professional land
surveyor, who shall certify on the final plat that it is a true and correct representation of the lands
actually surveyed. All surveys shall comply with the Survey Recording 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. Pursuant to Section 12.400.144 (Filing) of the Subdivision Ordinance, the City of Spokane
Valley shall 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 such section, the
applicant shall submit, prior to recording, all required recording fees, including appropriate fees
to pay for the cost of three (3) copies of the recorded final plat for distribution to the City of
Spokane Valley Planning, Engineering and Building Divisions.
5. 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 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."
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-BUILDING
DIVISION
6. A grading permit shall be submitted and issued per City of Spokane Valley Municipal
Code (SVMC) Chapter 10.15, Article II (Excavation, Fill and Grading) prior to receiving final
plat approval.
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 18
SPOKANE VALLEY PUBLIC WORKS DEVELOPMENT DEPARTMENT-DEVELOPMENT
ENGINEERING DIVISION
7. 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(or as amended), the 1998
Spokane County Guidelines for Stormwater Management (or as amended), Spokane Valley
Storiiiwater Ordinance 05-013, and all other applicable standards.
8. Frontage improvements are required for Indiana Avenue. Indiana Avenue is designated as a
Local Access Street. Existing right-of-way consists of 20 feet from centerline to property
frontage. Improvements required include a total of 15 feet of asphalt from centerline to property
frontage, Type B curb and gutter, 10-foot planter strip, and a 5-foot sidewalk. A 13-foot border
easement is required.
9. The internal streets shall be designated as public streets. All streets shall be designed and
constructed in accordance with the 2001 Spokane County Road and Sewer Standards.
10. Final plat language will be determined at the time of final plat application. Please contact
Spokane Valley Public Works to obtain this language.
SPOKANE REGIONAL HEALTH DISTRICT:
11. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
12. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the Planning Department to the utility companies, City of Spokane Valley
Public Works Department, and the Spokane Regional Health District. Written approval of the
easements by the utility companies shall be received prior to the submittal of the final plat.
13. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
14. Water service shall be coordinated through the Director of Utilities, Spokane County.
15. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
16. 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.
17. 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
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 19
supplier (purveyor), and the fire protection district will certify, prior to the filing of the final plant,
on the face of said water plan that the plan is in conformance with their requirements and will
adequately satisfy their respective needs. Said water plan and certification will be drafted on a
transparency suitable for reproduction.
18. 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.
19. 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.
20. 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."
21. The dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
22. 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 Safety Department 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."
CITY OF SPOKANE VALLEY FIRE DEPARTMENT:
23. If gates are proposed, a "to-scale" drawing shall be submitted for review of final plat
application.
24. A detailed water plan is required showing existing/proposed hydrant locations.
25. The installation of new fire hydrants shall be required at the following locations;
a. Northwest corner of Greenacres Road and Indiana Avenue.
b. Northeast corner of Aries Road and Michielli Avenue.
c. Southwest corner of Greenacres Road and Shannon Avenue.
26. Fire apparatus access roads 20 feet to 26 feet wide shall be posted on both sides as "Fire
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 20
Lane No Parking."
27. Addresses shall be posted during construction.
AVIS TA UTILITIES
28. A ten (10)-foot wide utility easement strip adjacent and adjoining and contiguous with all
private and public roads to included Indiana. Utility strips are to be located behind any and
separate from sidewalks and planned drainage facilities (boarder easements).
29. Submit a final plat specifying the following note on the face of the final plat: '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, together with the right to prohibit changes in grade
that will reduce the existing coverage over installed underground facilities and the right to trim
and/or remove trees, bushes, landscaping and to prohibit structures that may interfere with the
construction, reconstruction, reliability, maintenance, and safe operation of same."
C. Prior to or during on-site construction the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-PLANNING
DIVISION
1. Upon any discovery of potential or known archaeological resources at the subject
property prior to or during future on-site construction, the developer, contractor, and/or any
other parties involved in construction shall immediately cease all on-site construction, shall act
to protect the potential or known historical and cultural resources area from outside intrusion,
and shall notify, within a maximum period of twenty-four(24) hours from the time of discovery,
the City of Spokane Valley Community Development Department of said discovery.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION
2. 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. The TESC structures (such as silt ponds, silt traps) are to 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.
3. The permittee is responsible for arranging for all necessary utility adjustments, relocations,
or improvements as required for completion of the project. The developer needs to contact the
purveyors of each affected utility regarding private service, utility improvement, and any
relocation and adjustment costs. All rigid objects shall be located out of the clear zone. These
clear zone requirements can be found in the Spokane County Road and Sewer Standards.
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 21
4. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
5. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed Washington State Professional Engineer/Land Surveyor,who shall
furnish the City Engineer with"Record Drawing"plans and a certification package certifying all
improvements were installed to the lines and grades shown on the approved construction plans
and that all disturbed monuments have been replaced. All work is subject to inspection and
approval by the City Engineer or by his/her staff. The certification package submittal shall follow
all applicable standards.
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.
SPOKANE COUNTY FIRE DISTRICT NO. 1
13. All street signs are required to be installed prior to issuance of building permits.
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 22
QWEST
14. 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.
WASHINGTON STATE DEPARTMENT OF ECOLOGY
15 Erosion control measures must be in place prior to any clearing, grading or construction.
These control measures must be effective to prevent soil from being carried into surface water by
stormwater runoff Sand, silt, and soil will damage aquatic habitat and are considered pollutants.
16. The applicant is encouraged to use construction products containing recycled and non-toxic
materials whenever possible to reuse and recycle all leftover construction materials, and reduce
waste generated and practice "Green Building" principals in all aspects of the project. Otherwise,
the demolition waste must be disposed of at a permitted solid waste facility.
17. Proper erosion and sediment control practices must be used on the construction site and
adjacent areas to prevent upland sediments from entering the natural stormwater drainage system.
All areas disturbed or newly created by construction activities must be revegetated; use
bioengineering techniques, use clean durable riprap, or some other equivalent type of protection
against erosion when other measures are not practical.
18 All dry wells and other injection wells must be registered with the Underground Injection
Control Program(UIC).
19. Dry wells can not be used for disposal of stormwater unless a treatment device or all know
available and reasonable methods of prevention, control and treatment is provided prior to
injection and the discharge can meet the Ground Water Standards.
20. Routine inspection and maintenance of all sediment and erosion control devices is
recommended both during and after development of the site.
21. Dumpsters and refuse collection containers must be leak free with close fitting covers. The
drainage for refuse container and dumpster areas adjacent to or over the water must be connected
to the sanity sewer or otherwise designed to prevent leachate from being discharged to surface
waters.
22. On-site septic tank and drainfield systems are designed to treat and dispose of domestic
wastewater or its equivalent only. Commercial and industrial operations discharging waste other
than domestic wastewater to on-site systems may result in ground water contamination and could
cause the facility owner or operator to incur severe liabilities.
HE Findings, Conclusions and Decision REZ-28-05/SUB-13-05 Page 23
DATED this 26th day of May, 2006
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CITY HEARING EXAMINER PRO TEM
/ OA ,
Mic .el C. Dempsey, WSBA#82
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 10.35 of the City of Spokane Valley Municipal Code, 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.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on May 26, 2006. THE APPEOAL CLOSING DATE IS JUNE 9, 2006.
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, Washington. 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-28-05/SUB-13-05 Page 24