REZ-30-05 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 for Mamer Place; ) CONCLUSIONS OF LAW,
Applicant: Whipple Consulting Engineers ) AND DECISION
File No. REZ-30-05/SUB-14-05 )
)
I. SUMMARY OF DECISION
Hearing Matter: Application for a rezone from the UR-3.5 zone to the UR-7* zone, and
application for a preliminary plat.
Summary of Decision: Approve application, subject to conditions of approval. The preliminary
plat will expire on April 11, 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.
II. 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 4.9 acres of land;
and for the preliminary plat of Mamer Place, to divide such acreage into fifteen(15) lots for
single-family dwellings.
2. The site is located approximately along the north side of 12th Avenue, immediately south of
the intersection of Mamer Road and the half right of way for 10th Avenue, and 312 feet west of
the intersection of Evergreen Road and 12th Avenue. The site is situated in the SE 1/4 of Section
22, Township 25 North, Range 44 East, Willamette Meridian, in Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45224.1711, and is
legally described on the preliminary plat map of record. The existing residence on the site is
addressed at 13725 W. 12th Avenue, Spokane Valley, Washington.
4. The applicant is Whipple Consulting Engineers, Inc., 13725 East 12th Avenue, Spokane
Valley, Washington 99216. The site owner is Dennis Crapo, 15321 East Mission Avenue,
Spokane Valley, Washington 99216.
5. On December 6, 2005, the applicant submitted complete applications for a zone
reclassification and preliminary plat to the City Department of Community Development in the
above file. On December 13, 2005, the applicant submitted a revised preliminary plat map, which
is considered the preliminary plat map of record. } -
HE Findings, Conclusions and Decision REZ-30-05/SUB-14-05 Page 1 •
6. On February 17, 2006, the City Department of Community Development issued a
Determination of Nonsignificance (DNS) for the proposal. The DNS was not appealed.
7. On March 23, 2006, the Hearing Examiner conducted a public hearing on the proposal. The
Examiner conducted a site visit on March 23, 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 Sandra Raskell
Spokane Valley Planning Division Whipple Consulting Engineers
11707 E. Sprague Avenue, Suite 106 PO Box 1566
Spokane Valley, WA 99206 Veradale, WA 99037
10. The Hearing Examiner takes notice of the City Interim Comprehensive Plan, City Zoning
Code and maps, 2001 City Standards for Road and Sewer Construction, City 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-30-05/SUB-14-05 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 record also includes the memorandum dated March 23,
2006 from Alysa Wiyrick of City Public Works, Engineering Division; containing revised
conditions of approval for the preliminary plat, agreed to by the applicant.
12. The site is approximately 4.9 acres in size; and has a gradual downward slope to the south,
except for a maximum slope of 7% located in the middle portion of the site. The property is
improved with a single-family residence and two outbuildings, which are accessed from 12th
Avenue. The site is vegetated with native grasses, weeds, shrubs and a few trees.
13. The preliminary plat map illustrates division of the site into 15 lots; including one(1) lot for
the existing residence on the site of 20,390 square feet, and 14 lots for single-family dwellings
ranging from 9,165 square feet to 12,269 square feet in size. The density(net) of the preliminary
plat is 4.04 dwelling units per acre, and the average lot size is approximately 10,800 square feet.
14. Internal circulation in the preliminary plat would be provided by an internal public road
extended between 12th Avenue and 10t1i Avenue. The two outbuildings on the site would be
removed for site development.
15. In 1993, the County approved a preliminary plat/PUD to divide 13 acres of land lying 370
feet south of the site, at the northwest corner of 16th Avenue and Evergreen Road, into 72 lots for
single-family dwellings; along with the approval of a rezone of such land from the UR-3.5 zone to
HE Findings, Conclusions and Decision REZ-30-05/SUB-14-05 Page 2
the UR-7 zone, and a Planned Unit Development Overlay zone. Such land was later platted as
Dhaenens Square PUD.
16. 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. The County Phase I Development Regulations designated the
site and neighboring land in the UGA.
17. The County Comprehensive Plan designated the site and neighboring land in the Low
Density Residential category. At the time the site and neighboring land were zoned UR-3.5;
except for the land lying directly north and northeast of the site, and the land located in Dhaenen's
Square PUD to the south, which land was zoned UR-7. See decision in File No. PE-1716-93 and
accompanying rezone and PUD file. The County Phase I Development Regulations retained the
zoning of the site and neighboring land.
18. On March 31, 2003, the City of Spokane Valley was incorporated, which included the site
and neighboring land. On the same date, the City adopted by reference, as City land use controls,
the County's Comprehensive Plan, Zoning Code, Phase I Development Regulations and certain
other County development regulations; with certain revisions.
19. The City Comprehensive Plan and City Phase I Development Regulations, respectively,
retained the comprehensive plan designations and zone classifications imposed by the County
Comprehensive Plan and County Phase I Development Regulations for the site and land in the
vicinity. The site is located inside the Aquifer Sensitive Area(ASA) Overlay zone of the City
Zoning Code.
20. On May 7, 2004, the Hearing Examiner approved the preliminary plat of Park Place, to
divide 4.96 acres of land lying directly northeast of the site into 24 lots for single-family dwellings,
along with a rezone of such land from the UR-3.5 to the UR-7* zone, and a Planned Unit
Development Overlay zone. Such preliminary plat, which had a density(net) of 5.73 dwelling
units per acre, was recently finally platted as Evergreen Glen PUD. See decision in File No. REZ-
01-04/SUB-01-04/PUD-01-04.
21. The final plat of Evergreen Glen PUD, located to the northwest, is currently being
developed with single-family homes; and a private road that extends south from Eighth Avenue,
and terminates in a cul-de-sac just north of the half right of way for 10th Avenue. City
Engineering required the developer of such proposal to dedicate such half right of way; but did
not require a public road connection between Eighth Avenue and 10th Avenue, access to 10th
Avenue, or road improvements to 10th Avenue. See decision in File No. REZ-01-04/SUB-01-
04/PUD-01-04. 1
22. Neighboring land uses generally consist of single-family homes on parcels of various sizes.
A commercial greenhouse and single-family home are located on an acreage parcel lying south of
the site across 12th Avenue. A fire station is located at the northeast corner of the intersection of
12th Avenue and Evergreen Road.
HE Findings, Conclusions and Decision REZ-30-05/SUB-14-05 Page 3
23. 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.
24. 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.
25. 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.
26. 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.
27. 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 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.
28. 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.
29. The City Phase I Development Regulations limit new residential development on land
rezoned to the UR-7 to a maximum density of six(6) dwelling units per acre. Such zoning is
referred to by the City 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.
30. 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. 56. Such
HE Findings, Conclusions and Decision REZ-30-05/SUB-14-05 Page 4
requirement will help buffer adjacent properties from the higher density housing proposed on the
site.
31. 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 proposed rezone and
preliminary plat, which has a density(net) of 4.04 dwelling units per acre, implement such
policies.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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. V,
37. 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.
38. 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
HE Findings, Conclusions and Decision REZ-30-05/SUB-14-05 Page 5
methods t ods such as dedication of land, donation f labor,abor, donation of equipment and materials, or
entering into an agreement with the County to provide for payment of a fee.
39. 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.
40. The Staff Report sets forth other relevant policies of the Comprehensive Plan.
41. Guidelines set forth in the City 2001 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.
42. The City Road Standards require the installation of curb and sidewalk along the frontage of
new residential developments, and along both sides of a new public road, in the urban residential
zones of the City Zoning Code. The standards require separated sidewalk, unless City
Engineering authorizes a deviation based on local conditions and other factors.
43. City Engineering revised its conditions of approval at the public hearing, through an
agreement with the applicant, to require only the installation of a curb along the frontage of the
site with the 10th Avenue right of way dedicated in the preliminary plat, and that the owner of the
site agree to participate in a future local improvement district to fully improve 10th Avenue along
the frontage of the site.
44. City Engineering condition also require the applicant to improve 12th Avenue along the
frontage of the site by adding additional asphalt, curb, sidewalk and gutter; and to improve the
public road in the preliminary plat to public road standards. City Engineering certified
transportation concurrency for the proposal under the City Phase I Development Regulations.
45. 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, and
Central Valley School District, respectively, did not comment on the project.
46. The County Division of Utilities, and Vera Water and Power, respectively certified the
availability of public sewer and water for the proposal. The preliminary plat complies with the
public sewer and water concurrency requirements of the City Phase I Development Regulations.
47. 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.
BE Findings, Conclusions and Decision REZ-30-05/SUB-14-05 Page 6
48. 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.
49. 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.
50. 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.
51. Neighboring property owners did not comment on 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.
52. 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.
53. 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 1991. This includes the extension of public sewer to the area,
designation of the site and neighboring land in the Low Density Residential category of the City
Comprehensive Plan, adoption of the City Phase I Development Regulations, inclusion of the site
and neighboring land in the City of Spokane Valley, the recent approval of UR-7* zoning and
urban residential housing to the northwest, and the County's 1993 approval of the preliminary
plat/PUD and UR-7 zoning for the property platted to the south as Dhaenens Square PUD.
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,
generally conform to the 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 plat and dedication make appropriate provision for open spaces, roads,
drainage ways, schools and school grounds, playgrounds, parks and recreation, sidewalks for
HE Findings, Conclusions and Decision REZ-30-05/SUB-14-05 Page 7
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.
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. A substantial change of circumstances has occurred in the area since the site was last zoned.
7. 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.
8. 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.
9. Approval of the zone reclassification is appropriate under Chapter 14.402.020(1) of the City
Zoning Code, and SVMC Chapter 10.35.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject applications 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-30-05/SUB-14-05 (blamer Place):
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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*) designation for Parcel No. 45224.1711.
2. The final plat shall be developed in substantial conformance with the preliminary plat map of
record dated December 13, 2005; and shall have a maximum of fifteen(15) 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 April 11, 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 on April 11, 2011.
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 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
BE Findings, Conclusions and Decision REZ-30-05/SUB-14-05 Page 9
wall, solid landscaping or sight-obscuring fence ("screening") along the final plat's east and west
property lines. 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 application 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."
6. 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:
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(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.
8. Frontage improvements and dedications are required for 10th Avenue, which is designated as a
Local Access Street. The existing right-of-way for such road consists of twenty-five (25)feet north of
HE Findings, Conclusions and Decision REZ-30-05/SUB-14-05 Page 10
the plat boundary. The applicant shall dedicate nineteen (19)feet of right-of-way and a thirteen (13)
foot border easement. Frontage improvements for 10th Avenue shall follow the Spokane Valley street
standards and include a "half road" improvement on the north side. The improvements include the
installation of 15 feet of asphalt, Type B curb and gutter, a 10 foot planting strip and a 5-foot
sidewalk. The Type B curb shall be installed prior to final plat approval. All other improvements may
be deferred until a Local Improvement District (LID) is created, or the improvement is made through
participation in a City Street Project (CSP).
9. To construct the street improvements for 10th Avenue stated above, except for Type B curb and
gutter, the applicant may, with approval of the Director of Public Works,join in and be a willing
participant in any petition or resolution which purposes is the format of a Local Improvement District
(LID)for said improvements pursuant to Chapter 35.43 RCW, as amended. At such time as a LID is
created or any Street Improvement Project is sanctioned by Spokane Valley, the improvements
required will be at the sole expense of the undersigned owner, their heirs, grantees and assigns.
10. As an alternative method of constructing street widening, gutter,planting strip and sidewalk
along 10`h Avenue, the applicant may, with the approval of the Public Works Director, accomplish the
street improvements by joining and participating in a City Street Project(CSP) to the extent of the
required street improvements. At such time as a LID is created or any Street Improvement Project is
sanctioned by Spokane Valley, the improvements required will be at the sole expense of the
undersigned owner, their heirs, grantees and assigns.
11. Frontage improvements are required for 12th Avenue. 12th Avenue is designated as a Local
Access Street. Existing right-of-way consists of twenty(20) feet from centerline frontage. Street
improvements required include a total of fifteen(15) feet of asphalt from centerline to property
frontage, Type B curb and gutter, ten(10) foot planter strip, and a five (5) foot sidewalk. A border
easement of twelve (12) feet is required.
12. All internal proposed streets shall be designated and designed as public streets. The design shall
follow the Spokane Valley street standards, and the dedication of thirty-eight (38) feet and a border
easement of thirteen(13) foot is required.
13. Transportation Concurrency has been met for the preliminary plat.
14. Final language will be determined at the time of final plat application. Please contact Spokane
Valley Public Works to obtain this language.
SPOKANE COUNTY DIVISION OF UTILITIES:
15. 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".
BE Findings, Conclusions and Decision REZ-30-05/SUB-14-05 Page 11
16. 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.
17. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization
of the project.
18. 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.
19. Security shall be submitted to the Division of Utilities prior to approval of the Sewer Design
Plans.
20. 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:
21. The final plat shall be designed substantially as indicated on the preliminary plat map of
record and/or any attached sheets as noted.
22. 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. Written
approval of the easements by the utility companies shall be received prior to the submittal of the
final plat.
23. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
24. Water service shall be coordinated through the Director of Utilities, Spokane County.
25. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
26. 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.
27. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
prutectiun 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,
HE Findings, Conclusions and Decision REZ-30-05/SUB-14-05 Page 12
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.
28. 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.
29. 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.
30. 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."
31. The dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
32. The final plat dedication shall state: "The public water system, pursuant to the Water Plan
approved by county and state health authorities, the local fire protection district, 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:
33. The installation of a new fire hydrant will be required on the corner of 12th Avenue and
Mamer Road.
AVISTA UTILITIES:
34. A ten(10)-foot wide, "dry"utility easement strip is required along front lot lines facing both
sides of Mamer Road, the south side of 10th Avenue and the north side of 12th Avenue. The
easement is required to be behind and separate from any sidewalks and border easements.
35. The final plat dedication shall state: "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 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
HE Findings, Conclusions and Decision REZ-30-05/SUB-14-05 Page 13
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 PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
1. 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
(as adopted by the City). The TESC structures (such as silt ponds, silt traps) shall be installed
prior to the start of site work, and the TESC measures shall be implemented and maintained
throughout the duration of construction and until the site has stabilized.
2. 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 located in the clear zone shall be relocated
outside of the clear zone. The clear zone distances shall follow the 2001 Spokane County Road
and Sewer Standards.
3. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
4. 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 certificate in writing that 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 by the
City Engineer or by his staff. This shall be complete prior to final plat.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
5. 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.
6. 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 he taken immediately
to clean these surfaces.
7. Debris generated as a result of this project shall be disposed of by means other than burning.
HE Findings, Conclusions and Decision REZ-30-05/SUB-14-05 Page 14
8. If objectionable odors result from this project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
9. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
10. 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.
11. 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.
12. 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
13. If any artifacts or human remains are found upon excavation, the office should be notified
and the work in the immediate area cease.
VERA WATER&POWER
14. A water plan is required with acceptable utility easements.
DATED this 11th day of April, 2006
CITY HEARING EXAMINER PRO TEM
Mic ael C. Dempsey, WSBA#82. ,
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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 April 11, 2006. THE APPEAL CLOSING DATE IS APRIL 25, 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, 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.
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