HE decision for ZE-46A-90 SUB-05-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Change of Conditions to a Prior Zone )
Reclassification, and Preliminary Plat of ) FINDINGS OF FACT,
Inverary, in the UR-12 Zone; ) CONCLUSIONS OF LAW,
Applicant: Whipple Consulting Eng., Inc. ) AND DECISION
File No. ZE-46A-90/SUB-05-05 )
)
I. SUMMARY OF DECISION
Hearing Matter: Application for a preliminary plat, and application for a change of conditions to
a prior rezone.
Summary of Decision: Approval of applications, subject to conditions of approval. The
preliminary plat will expire on June 28, 2010, unless a request for extension of time is submitted
at least 30 days prior to the expiration date.
H. FINDINGS OF FACT
1. The applications seek approval of the preliminary plat of Inverary, to subdivide a 2.9-acre
site into 30 lots for divided duplexes and two common open space tracts, in the Urban
Residential-12 (UR-12) zone; and approval of a change of conditions, to revise the conditions of
approval imposed in the 1991 rezone of the site to the UR-12 zone.
2. The site is located between, and adjacent to, Schafer Road and Old Schafer Road, south of
and adjacent to the Union Pacific Railroad railway line, and approximately 340 feet south of the
intersection of Dishman-Mica Road and Schafer/University Road; in the NE 1/4 of Section 32,
Township 25N, Range 44 EWM, in Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45321.9109. The
property is legally described on the preliminary plat map of record.
4. The applicant for the proposal is Whipple Consulting Engineers, Inc., do Todd Whipple,
13218 E. Sprague Avenue, Spokane Valley, WA 99037. The site owner is Dennis Crapo, 5321
E. Mission Avenue, Veradale, Washington 99037.
5. On April 22, 2005, the Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the application. The MDNS was not appealed.
6. On May 19, 2005, the Hearing Examiner held a public hearing on the application. The
notice requirements for the public hearing were met. The Examiner conducted a site visit
immediately prior to the hearing, and on June 22, 2005.
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 1
7. The following persons testified at the public hearing:
Karen Kendall Sandra Raskell
Department of Community Development Assistant Development Engineer
City of Spokane Valley City of Spokane Valley
11707 E. Sprague Avenue, Suite 106 11707 E Sprague Ave Ste 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206-6124
Inga Note Todd Whipple
Traffic Engineer Whipple Consulting Engineers
City of Spokane Valley 13218 E. Sprague Avenue
11707 E Sprague Ave Ste 106 Spokane Valley, WA 99216
Spokane Valley, WA 99206-6124
Meg Arpin Gary Smith
1117 E. 35th Avenue 3612 S. Mercy Court
Spokane, WA 99203-3167 Spokane Valley, WA 99206
Russell Naber Jerry Waldrip
3620 S. Mercy Court 3812 S. Mercy Court
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Cliff Berdar Bill Higel
3607 S. Old Schafer Road 3615 S. Old Schafer Road
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Richard C. Behm Terry A. Levno
3626 S. Ridgeview Drive 3821 S. Old Schafer Road
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Sherry Waldrip Kelly Higel
3812 S. Mercy Court 3615 S. Old Schafer Road
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Dave Olsen Susan Schmidt
8808 E. 44th Avenue 3808 S. Sundown Drive
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Rosann Steele Paul Mueller
3616 S. Mercy Court 3615 S. Mercy Court
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Bill Iverson Dennis Crapo
3619 S. Mercy Court 15321 E. Mission
Spokane Valley, WA 99206 Spokane Valley, WA 99206
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 2
8. The public hearing was held in accordance with City Ordinance No. 03-057, as amended by
Ordinance Nos. 03-081 and 04-012; and the Hearing Examiner Rules of Procedure adopted
pursuant thereto.
9. The Hearing Examiner takes notice of the City Comprehensive Plan, Zoning Code,
Subdivision Ordinance, 2001 Standards for Road and Sewer Construction, Stormwater
Ordinance, Guidelines for Stormwater Management, Critical Areas Ordinance and Municipal
Code; City official zoning maps; other applicable development regulations; and prior land use
decisions in the vicinity.
10. 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.
11. The site is approximately 2.9 acres in size, irregular in shape and relatively flat in
topography. The property is undeveloped, and vegetated with shrubs, grass and weeds.
12. On January 1, 1991, the zoning of the site was reclassified from its zoning under the expired
County Zoning Ordinance to the Urban Residential-3.5 (UR-3.5) zone, pursuant to the Program
to Implement the County Zoning Code, a county-wide rezoning effort.
13. On March 12, 1991, the County approved a rezone of the site from the UR-3.5 zone to the
UR-22 zone. The decision required the applicant to enter into an agreement with the County
limiting development of the site to 34 retirement apartments, and requiring the agreement to be
recorded and run with the land. The decision also prohibited vehicular access, including
emergency access, to Old Schafer Road. The decision imposed numerous other conditions;
including a condition requiring the applicant to install additional asphalt, curb and sidewalk along
the frontage of the site with Schafer Road, through formation of a road improvement district or
county road project. See Commissioner's Document No. 91-0345 in File No. ZE-46-90.
14. 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 (GMA). See County Resolution Nos. 2-0037 and 2-0470. The
County Phase I Development Regulations designated the site and neighboring land in the UGA.
15. The County Comprehensive Plan designated the site in the Medium Density Residential
category of the County Comprehensive Plan, and designated nearby land in the Low Density
Residential category of the Comprehensive Plan.
16. The County Phase I Development Regulations retained the UR-12 zoning of the site, subject
to the conditions of approval of the 1991 rezone, with any conflict between such conditions and
the zoning standards of the UR-12 zone to be resolved by applying the more restrictive standard.
See County Phase I Development Regulations, Section I.
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 3
17. The County Phase I Development Regulations reclassified the zoning of the two parcels of
land located at the intersection of Shafer Road, University Road and Dishman-Mica Road from
the Neighborhood Business (B-1) zone to the Urban Residential-7* (UR-7*) zone.
18. On March 31, 2003, the City of Spokane Valley was incorporated, which included the site
and the other land in the area. The City adopted by reference the County Comprehensive Plan,
Zoning Code, Phase I Development Regulations, and other development regulations; with certain
revisions. The City retained the zoning and comprehensive plan designations for the site and
other land in the vicinity by the County.
19. On February 3, 2005, the applicant submitted an application for the preliminary plat of
Inverary. On February 18, 2005, the City Planning Division determined the application to be
incomplete, because the 1991 rezone of the site restricted development of the site to 34 retirement
apartments, and prohibited access to Old Schafer Road.
20. On February 28, 2005, the applicant submitted a change of conditions application, to
remove the restrictive conditions of the 1991 rezone and allow consideration of the preliminary
plat. On March 1, 2005, the City found the preliminary plat application and the change of
condition application to be complete as of February 28, 2005.
21. The preliminary plat map of record submitted on February 3, 2005 illustrates 30 divided
duplex lots, ranging in size from 2,500 square feet to 5,315 square feet, with an average lot size
of approximately 3,126 square feet. The duplex lot pairs range in size from 5,000 square feet to
10,107 square feet, with an average duplex lot pair size of approximately 6,252 square feet.
22. The density(net) of the preliminary plat is approximately 11.78 dwelling units per acre,
determined by dividing the number of proposed lots (30) by the difference between the gross
acreage of the site (2.9 acres) and the area of the preliminary plat reserved for private roads
(15,382 square feet or .353 acres). See Zoning Code 14.300.100, definition of"density".
23. The preliminary plat map illustrates a 15-foot easement for sidewalk and utilities along one
side of the private road in the preliminary plat, and the installation of sidewalk along the west side
of Schafer Road adjacent to the site, and along the south side of Old Schafer Road between the
site and Mercy Drive.
24. A 100-foot wide railway right of way, containing one set of active railroad tracks, lies
directly north of the site. Vacant land and Chester Creek are located between the railway right of
way and Dishman-Mica Road. A church is located east/northeast of the site across Schafer Road.
25. A convenience store and office complex are found in the UR-7* zone located to the north,
at the northeast corner of the intersection of University Road and Dishman-Mica Road. A
neighborhood park is located east of such UR-7* zone, across University Road. Multi-family
housing, on land zoned UR-22 and designated in the High Density Residential category of the
Comprehensive Plan, is found a short distance north of the park, at the southeast corner of the
intersection of University Road and 32nd Avenue.
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26. Some duplex housing, on land zoned UR-7 and designated in the Medium Density
Residential category of the Comprehensive Plan, lies along the north side of 40th Avenue, east of
Dishman-Mica Road, approximately 1,200 southeast of the site. Commercial uses, on land zoned
Regional Business (B-3) and designated in the Community Commercial category of the
Comprehensive Plan, are located between Dishman-Mica Road and Bowdish Avenue, south of
40th Avenue; and along the south side of Dishman-Mica Road, east of and west of Bowdish Road.
The other land in the area is zoned UR-3.5 and developed with single-family homes on lots of
various sizes, or is undeveloped. See aerial photo of area.
27. The City Arterial Road Plan designates Dishman-Mica Road, University Road and 32na
Avenue as Urban Principal Arterials; and designates Schafer Road, 44th Avenue, Bowdish Road
and Sands Avenue in the area as Urban Minor Arterials. All other city roads in the vicinity are
Urban Local Access Roads.
28. Traffic signals are located at the intersection of Schafer Road/University Road and
Dishman-Mica Road, 32na Avenue and University Road, and Bowdish Road and Dishman-Mica
Road. An at-grade railroad crossing controlled by cross arms and railroad signalization is located
across Schafer Road, a short distance north of the site.
29. Dishman-Mica Road is a 5-lane arterial northwest of its intersection with Schafer and
University Roads; and is a 2-lane arterial without sidewalk southeast of such intersection.
University Road is a 4-lane arterial, with sidewalk. Schafer Road is a 2-lane arterial without
sidewalk. The local access roads in the vicinity are paved 2-lane roads without sidewalk, except
for some sidewalk located along Cimarron Road leading up to Ponderosa Elementary School.
30. Several owners of neighboring property owners submitted opposition to the proposal;
expressing concerns such as lot size, density, duplex housing in a single-family neighborhood,
potential rental of duplex units, increased crime, adequacy of parking in project, floodplain and
wetland issues, loss of trees when Old Schafer Road is improved, impacts on property values,
access along Old Schafer Road, inadequate fire/emergency access along Schafer Road, traffic
capacity and safety impacts along neighboring roads, invalidity of the UR-12 zoning of the site,
and other concerns.
31. The condition of the 1991 rezone decision requiring the applicant to enter into an agreement
prepared by the County restricting development of the site to 34 retirement apartment units, a
multifamily use, was never fulfilled, apparently due to an oversight. However, the 1991 rezone
decision required that the zoning of the site be changed to the UR-12 zone after the appeal period
had expired. Accordingly, the site has already been rezoned, subject to development of the site
under the conditions of the 1991 decision.
32. The conditions of the 1991 rezone provided that in the event the owners of the site desired
to change the use of the site from 34 retirement apartments to another use, the owner would be
required to submit a change of conditions application for review at a public hearing. The City
Zoning Code and City Hearing Examiner Ordinance authorize applications for a change of
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 5
conditions to the conditions of approval imposed by a prior rezone, but do not provide specific
criteria for their approval.
33. Rezone criteria is logically applicable to the change of conditions application. The applicant
should demonstrate that the application bears a substantial relationship to the public health, safety
and general welfare; and that either a significant change of circumstances has occurred in the area
since the site was conditionally zoned UR-12 in 1991, or that the application implements the
Comprehensive Plan.
34. The City 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 Medium Density
Residential category, in which category the site is designated, are the UR-7 and UR-12 zones.
Deleting the condition of the 1991 rezone decision that limits development of the site to a single
use provides more consistency with the Medium Density Residential category of the
Comprehensive Plan.
35. Under the City Subdivision Ordinance and chapter 58.17 RCW, the applicant must
demonstrate that the preliminary plat serves the public use and interest; makes appropriate
provision for the public health, safety and general welfare; and makes appropriate provision for
roads, sanitary waste disposal, drainage ways, parks and recreation, potable water supply,
schools, sidewalks for children who reach school by walking, and other relevant facts and
planning features.
36. The site is designated in the Medium Density Residential category of the City
Comprehensive Plan. Such category is intended to provide residential densities ranging from 6-15
dwelling units per acre. The Low Density Residential category of the Comprehensive Plan is
intended to provide residential densities ranging from 1-6 dwelling units per acre. The High
Density Residential category is intended to provide densities above 15 dwelling units per acre.
See Policy UL.9.1 of the Comprehensive Plan. The preliminary plat implements the density range
recommended in the Medium Density Residential category of the Comprehensive Plan.
37. Policy UL.7.4 of the Comprehensive Plan recommends that detached single-family housing
on small lots and zero lot line housing be allowed in residential zones where appropriate. Policy
UL.8.1 recommends that mixed-income development be provided for in residential areas. Policy
UL.9.2 recommends that the City seek to achieve an average residential density in new
development in the UGA of at least four(4) dwelling units per acre through a mix of densities and
housing types. The proposal implements these policies.
38. Policy UL.2.14 of the Comprehensive Plan recommends that separated sidewalks be
required on public roads in all new residential subdivisions. Policy UL.2.11 promotes the linkage
of developments with street connections, open space, parks and natural areas, where present.
39. Policies UL.2.20 and T.4a.12 of the Comprehensive Plan encourage new residential
developments to be arranged in a pattern of connecting streets and blocks, to allow people to get
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 6
around easily by foot, bicycle, bus or car. Cul-de-sacs or other closed street systems may be
considered appropriate where topography or other physical limitations make connecting systems
impractical, and under certain other circumstances.
40. Policy T.4a.4 of the Comprehensive Plan recommends that private roads be allowed within
developments as a principal means of circulation, provided adequate measures are in place to
assure safe travel, emergency access and permanent private maintenance. Policy T.4a.9
recommends that adequate access to and circulation within all developments be maintained for
emergency services and public transportation vehicles.
41. Policy T.4a.2 of the Comprehensive Plan recommends that the capacity of existing roads be
maximized to reduce the need for new or expanded roads, through the use of signalization,
improved signage and other means.
42. Policy T.2.2 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.
43. The guidelines set forth in the 2001 City Standards for Road and Sewer Construction("City
Road Standards") recommend the provision of adequate vehicular and pedestrian access to all
parcels of land, minimizing through traffic movements and excessive speeds on local access
streets, logical street patterns, minimizing vehicular and pedestrian-vehicular conflict points,
considering traffic generators in designing a street system in a proposed development,
considering bordering arterial routes, and prohibiting direct residential lot access to Urban
Principal and Urban Minor Arterials.
44. The City Road Standards require the construction of curb, gutter and sidewalk along the
frontage of public streets in all new developments within urban land use zones. The City Road
Standards establish standards for the construction of new access roads, and the reconstruction of
existing access roads; and give the City Engineer discretion in prescribing the actual roadway
section required based on a variety of factors. See City Road Standards, Chapter 3.
45. The City Road Standards prescribe a minimum distance between roads intersecting an
Urban Principal or Urban Minor Arterial of 300 feet, along the same side of the street; measured
from the centerlines of the intersecting roads. See City Road Standards, Section 3.04.
46. The City Road Standards require new subdivisions in urban residential zones, such as the
UR-12 zone, to provide an additional access road to serve fire district vehicles when the total
number of lots, parcels or tracts served by an access road equals or exceeds 50 lots.
Notwithstanding such requirement, an additional access road may also be required if the location
and layout of the development, in the opinion of fire district authorities, causes a concern for
safety. See City Road Standards, Section 3.04.
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 7
47. RCW 36.70B.030 provides that comprehensive plans and development regulations adopted
under GMA shall serve as the foundation for project review. During project review, a local
government planning under the State GMA may not reexamine alternatives on the type of land
use permitted on property, if the criteria for their approval has been satisfied; the density of
residential development in urban growth areas; or the availability and adequacy of public facilities
identified in a comprehensive plan, if the plan or development regulations provide for funding of
these facilities are required by GMA; where such items are defined in applicable regulations, or in
the absence of such regulations, the comprehensive plan adopted for the local government. In
such case, the applicable regulations or comprehensive plan must be considered determinative.
48. Under Washington case law, where there is a conflict between the policies of a
comprehensive plan adopted by a local government and the zoning regulations or other
development regulations adopted by the local government, the zoning and development
regulations are controlling over the policies of a comprehensive plan.
49. Under Washington case law, "community displeasure", standing alone, cannot be the basis
for denying a land use application. The decision must be based on the relevant criteria for
approving the application.
50. The purpose and intent statement of the UR-12 zone is set forth in Zoning Code
14.620.100. Such statement is somewhat obsolete, since it has not been updated since the County
implemented the original County Zoning Code in 1991, and since the County placed into effect a
new comprehensive plan, now used by the City, in 2002. For example, the UR-12 zone did not
originally permit duplex and single-family housing, but now allows such uses on small lots.
51. Zoning Code 14.620.100 states that the purpose of the UR-12 zone is to set standards for
the orderly development of residential development in a manner that provides a desirable living
environment that is compatible with surrounding land uses and assures the protection of property
values. Such zone is intended to add to the housing types and densities in urban residential
development. The general characteristics of such area include paved roads, public sewer and
water, accessibility to schools and libraries, and a full line of public services including manned fire
protection and public transit accessibility.
52. The UR-12 zone permits a wide variety of residential uses; including multi-family dwellings,
duplexes, single-family dwellings, community residential facility, nursing/convalescent home,
retirement/elderly apartments, business or professional office, day care facilities, hospital, schools
at all levels, and colleges and universities.
53. The minimum lot areas for a duplex and a single-family dwelling in the UR-12 zone are
5,000 square feet and 4,200 square feet, respectively. The minimum lot frontage and minimum
depth in the UR-12 zone are 50 feet and 100 feet, respectively. The maximum residential density
(net) in the UR-12 zone is 12 dwelling units per acre.
54. The divided duplex provisions of Chapter 14.818 of the City Zoning Code permit division of
a duplex and the lot on which it constructed to allow separate ownership of each dwelling unit in
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 8
the duplex and each associated portion of the duplex lot, under certain conditions. The duplex lot
must be divided in a manner that creates as nearly as possible equal lineal road frontage and
provides a smaller yard area for each dwelling unit. A common fire wall meeting regulatory
standards must be provided for the divided duplex. The duplex lot must meet the development
standards for duplexes of the zone involved prior to duplex division.
55. The Staff Report describes the units created on the individual divided duplex lots as a
"single-family residence". However, Zoning Code 14.300.100 defines a"dwelling, single-family"
as a building designed for long-term habitation exclusively by one family, having living facilities
and constituting one dwelling unit. A"dwelling, two-family" (duplex)" is defined as a building
designed exclusively for occupancy by two (2) families living independently of each other within
two (2) units. Accordingly, the dwelling units on each divided duplex lot in the preliminary plat
are considered"duplex"units, not "single-family dwelling"units. Such duplex units and lots may
be separately owned and conveyed.
56. The duplex lots and units in the project meet the development standards of the UR-12 zone
and duplex division standards of the City Zoning Code. The City Planning Division's conditions
of approval for the preliminary plat assure compliance with such standards.
57. The UR-12 zone requires new residential development to construct a 6-foot high sigh-
obscuring fence, wall or solid landscape screen along the boundary of any UR-12 zone located
adjacent to the UR-3.5, except adjacent to a public road. Such requirement applies only along the
south boundary of the site, adjacent to two single-family dwelling lots zoned UR-3.5.
58. The UR-12 zone requires the installation of 20 feet of Type III landscaping adjacent to
public streets within all developments located in the "...multiple family residential zones (UR-7,
UR-12 and UR-22)...". Such requirement was inserted in the County Zoning Code before single-
family homes and duplexes were permitted in the UR-12 and UR-22 zones. The City Department
of Community Development and the Hearing Examiner have previously interpreted such
requirement as applying to multi-family development in such zones, but not to single-family or
duplex housing.
59. The maximum building height in the UR-12 zone is 40 feet. The environmental checklist
submitted by the applicant states that the tallest structures in the project would be 35 feet in
height, and have exteriors consistent with contemporary home construction.
60. The parking standards of the City Zoning Code require two (2) spaces per dwelling unit,
which can be stacked in the driveway. Dennis Crapo, the owner and prospective developer of the
site, advised that the homes would have 2-car garages; which would allow two car spaces in the
garage and two in the driveway, for a total of four (4) parking spaces per unit. Crapo also
indicated that the duplex buildings would likely have a market value of around$300,000, or
$150,000 per unit; his intent was to sell the units; and likely buyers would include persons buying
a unit for themselves and an elderly parent, retirees, "snow-birds", and first home buyers.
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 9
61. The owner(Cliff Berdar) of a new residence constructed on a lot located across Old Schafer
Road from the site, across from the proposed access to the site to such road, submitted a letter
from an appraiser (Tony Higley). The appraiser concluded that the introduction of duplexes in
the area and the movement of traffic in front of the home site would create "external
obsolescence", and cause a 10% to 20% reduction in the value of the Berdar property.
62. The appraisal letter from Tony Higley did not provide a before and after value for the
Berdar property, as would be needed for a full appraisal of"before" and"after" value. More
significantly, the letter did not compare the likely value impact on the Berdar property from the
construction of a 34-unit retirement complex on the site, which would be allowed on the site
under the current zoning of the property through issuance of a building permit.
63. City Engineering conditions of approval require the applicant to submit final street and
drainage plans consistent with the City Road Standards and City Guidelines for Stormwater
Management. Such conditions require the applicant to widen and improve Schafer Road along
the frontage of the site to Urban Minor Arterial standards; by installing additional pavement, and
curb, gutter, planting strip and sidewalk.
64. City Engineering conditions of approval require the applicant to widen and improve Old
Schafer Road along the frontage of the site to Urban Local Access Street standards; by installing
pavement equal to 15 feet from centerline, curb, gutter, planting strip and sidewalk. The applicant
is also required to install a 12-foot wide strip of pavement and 2-foot wide gravel shoulder on the
opposing side of Old Schafer Road.
65. The applicant offered to strip pave Old Schafer Road off-site down to Mercy Drive, to a
paved width of 27 feet. Old Schafer Road currently has a narrow paved width that is in poor
condition. Currently, approximately five (5) lots access such road along its length, with some
additional lots accessing the intersection of Old Schafer Road and Mercy Court. The project will
add 31 PM peak hour trips to the road. Under these circumstances, strip paving Old Schafer
Road off-site down to Mercy Drive is an improvement that would have been appropriate for City
Engineering to impose on the preliminary plat, through a MDNS under the State Environmental
Policy Act. Such proposed improvement should be imposed as a condition of approval.
66. Certain neighboring property owners contended that Mercy Drive has a substandard width,
and that the applicant should be required to widen Mercy Drive; and install sidewalk along Mercy
Drive, along Schafer Road between the site and the intersection of Dishman-Mica Road and
Schafer/University Road, and along Schafer Road between the site and Cimarron Road to the
south for students walking to Ponderosa Elementary.
67. The record indicates that Mercy Drive currently has a paved width of 40 feet, which exceeds
the 30-foot paved width currently required by the City Road Standards for an Urban Local Access
road. The additional traffic generated by the project is miniscule compared to existing traffic and
future traffic that will use Schafer Road north and south of the site at the time of project build-
out. Under Washington case law, required road improvements for new development must bear a
rational nexus and be roughly proportionate to the impact of the development on the road system.
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 10
The frontage improvements required by City Engineering, and the strip paving of Schafer Road to
Mercy Drive, meet this test. It would not be roughly proportionate to require the applicant to
improve Schafer Road off-site as requested by project opponents.
68. City Engineering condition#19, on page 14 of the Staff Report, recommends that the
applicant consider providing a pedestrian pathway along the north border of the site, which
coincides with the north border of proposed Lot 20. This is intended to provide for connectively
between the private road in the preliminary plat and Schafer Road; and would allow pedestrians
shorter access to the intersection of Dishman-Mica Road and Schafer/University Road to the
north. See letter dated 4-5-05 from Sandra Raskell of City Engineering to Todd Whipple.
69. The applicant requested that City Engineering condition#19 be left voluntary, and allow the
applicant to wait until final plat approval to determine whether Lot 20 is still designated in a 100-
year floodplain, and the type of surface that can be installed for such pathway. It is noted that
such access would be located adjacent to a railway line, which may entail additional
considerations. The condition is reasonable in its current form.
70. The applicant's consulting traffic engineer submitted a May 18, 2005 report comparing the
volume of traffic generated by the proposal and the volume of traffic that would be generated by
development of the site for a 34-unit retirement community as originally proposed for the site.
The report indicates that the project would generate only 11 more PM peak hour trips and seven
(7) more AM peak hour trips than the 34-unit retirement community.
71. The applicant submitted a traffic analysis on February 3, 2005 prepared by its traffic
engineering consultant. The analysis indicates that the project, in conjunction with existing traffic,
and future traffic generated by other proposed and potential developments in the Ponderosa area,
will not have a significant adverse impact on the level of service (LOS) at area intersections at the
time of project build-out in 2010.
72. The traffic analysis submitted by the applicant's traffic engineer indicated that the project
and other traffic would not degrade the level of service (LOS) at the un-signalized intersection of
Schafer Road and Mercy Court/Mercy Drive, and at the signalized intersection of Schafer Road
and Dishman-Mica Road, below LOS C. Under the City Road Standards, LOS D is considered
failing for a signalized intersection, and LOS E is considered failing for an un-signalized
intersection. This includes the intersection of local access roads, as well as arterial road
intersections. See Section 1.20 of City Road Standards.
73. The traffic analysis submitted by the applicant's engineering consultant concluded from field
investigations that there did not appear to be any sight distance conflicts for project traffic.
74. City Engineering accepted the traffic analysis submitted by the applicant's traffic engineering
consultant, and found that the project met the transportation concurrency requirements of the City
Phase I Development Regulations. See letter dated 4-5-05 from Sandra Raskell of City
Engineering to Todd Whipple, and certificate of concurrency dated 5-9-05 from City Engineering
Department.
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75. City Engineering advised that it preferred to have the project access Old Schafer Road
instead of Schafer Road, to concentrate access points on Schafer Road, and provide connectivity
between neighborhoods, avoid sight distance issues presented by intersecting Schafer Road on a
curve, and take advantage of better sight distance at the T-type intersection of Mercy Drive and
Shafer Road. See letter dated 4-5-05 from Sandra Raskell of City Engineering to Todd Whipple,
and testimony of Inga Note. Traffic from the project accessing a new road intersection along the
frontage of the site with Schafer Road would also have to deal with the nearby railroad tracks,
and potential conflicts with traffic accessing the driveways for the church located across Schafer
Road from the site.
76. The City Zoning Code and City Road Standards authorize the City to require the owners of
land abutting or near city road intersections to remedy sight distance problems created by the
installation of vegetation in violation of clear view triangle requirements.
77. The County Assessor's maps in the file indicate that no more than 12 lots, some of which
are undeveloped, access Mercy Court, with a lesser number of lots accessing Old Schafer Road.
The combined number of lots that would access Mercy Court and Old Schafer Road, including
the 30 lots from the project, would not exceed the 50-lot threshold at which an additional
fire/emergency access for fire district vehicles would be required for the proposal.
78. Spokane County Fire District 1 indicated that it had no objection to the proposal, did not
request an additional fire/emergency access for fire district vehicles, and along with the City
Building Department recommended the installation of fire hydrants for the project.
79. The additional traffic from the project would approximately triple the amount of traffic that
currently uses Old Schafer Road and Mercy Court. However, the traffic safety and capacity
concerns submitted by neighboring property owners were not supported by competent traffic
engineering evidence, and did not rebut the traffic opinions submitted by the applicant's traffic
engineering consultant and the City Traffic Engineer. In addition, the project is required to make
significant road improvements to Old Shafer Road and Shafer Road.
80. The northwest corner of the site is currently designated in a 100-year floodplain on Federal
Emergency Management Agency maps, with a base flood elevation of 2003 feet. However, a site
survey conducted by the applicant indicates the lowest elevation on the site to be 2005 feet, which
is above the base flood elevation. This revised elevation would need to be approved by the City
and FEMA to avoid obtaining a floodplain permit for site development in the designated
floodplain. See e-mail memo dated 3-25-05 from Dick Behm to Marina Sukup.
81. City Traffic Engineering conditions of approval require the applicant to submit fmal road
and drainage plans that comply with the City Road Standards and City Guidelines for Stormwater
Management. The environmental checklist indicates that stormwater generated by site
development would be disposed of on-site using grassed percolation areas (swales or ponds) and
drywells. The owner of property located at the northeast corner of the intersection of Mercy
Drive and Schafer Road indicated drainage concerns at such intersection. This issue should be
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 12
addressed during the submittal of drainage and road plans for the improvement of Schafer Road at
such location.
82. City Critical Areas maps do not designate any wetlands, priority wildlife habitat, geo-hazard
areas or DNR stream types on the site. The City DNR stream types map designates a Type 4
stream with a required 75-foot wide riparian buffer located northerly of the site, along the path of
Chester Creek as it meanders between the railroad right of way and Dishman-Mica Road in the
area. The site is located well outside the required riparian buffer area. See aerial photo.
83. The applicant submitted a wetland specialist letter prepared by a qualified biologist. The
report indicated a shallow, man-made ditch parallels the railroad right of way immediately
adjacent to the border of the site, and another man-made ditch parallels Schafer Road along the
border of the site. The letter indicates that the ditches do not connect above ground to Chester
Creek or other DNR streams, and do not comprise wetlands; and concludes that there are no
wetlands or DNR streams on the site.
84. The City Phase I Development Regulations do not require direct concurrency for schools or
parks. Central Valley School District was contacted regarding the project, but indicated that it
had no comment on the proposal. A small neighborhood park is located near the site. The
Dishman Hills Natural Area is located in the area. A golf course is located less than a mile
southeast of the site. Approximately 15% of the preliminary plat is reserved in common open
space,which exceeds the minimum 10% of common open space that would have to be reserved if
the project was submitted as a Planned Unit Development under the City Zoning Code.
85. County Utilities certified the availability of public sewer to the project, and indicated that the
applicant would be required to extend public sewer to the site. Public sewer would be extended
from Mercy Drive and Old Shafer Road, and a public water main is currently located in Old
Schafer Road. Spokane County Water District#3 certified that public water was available to
serve the preliminary plat; and indicated that the preliminary plat was consistent with the district's
approved water system plan, and the water system has a current state operating permit that allows
the number of water connections proposed.
86. Spokane Regional Health District conditions of approval require the applicant to
demonstrate that an adequate and potable water supply is available to each lot in the project prior
to final plat approval. Such conditions require that a plan for water facilities adequate for
domestic use, irrigation use and fire protection use for the final plat must be approved by the
water purveyor, fire district and health authorities.
87. The preliminary plat complies with the public sewer and water concurrency requirements of
the City Phase I Development Regulations.
88. Spokane County Fire District 1 conditions of approval found that access and emergency
apparatus turnarounds in the preliminary plat are adequate; and require the applicant to install two
new fire hydrants, and comply with fire district requirements for installation of the gates for the
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 13
private roads in the project. The preliminary plat makes adequate provision for fire safety. The
record indicates that a new fire station is being constructed near the site.
89. Spokane County Air Pollution Control Authority conditions of approval require the
applicant to comply with all applicable air pollution regulations.
90. A homeowner's association would be formed to maintain the private roads, common open
space and drainage facilities in the preliminary plat.
91. Considering the current zoning of the site and designation of the site in the Medium Density
Residential category of the Comprehensive Plan, 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.
92. No public agencies objected to the proposal, as conditioned, or its environmental impact.
As conditioned, the proposal will not have more than a moderate effect on the quality of the
environment and will be reasonably compatible with neighboring land uses.
93. The preliminary plat has been conditioned for compliance with the UR-22 zone, the City
Zoning Code, the City Subdivision Ordinance, and other applicable development regulations.
94. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The preliminary plat and dedication, as conditioned, conform to the City Comprehensive
Plan and will serve the public use and interest.
2. The preliminary plat and dedication, as conditioned, make appropriate provision for the
public health, safety and general welfare; and also make appropriate provision for open spaces,
roads, drainage ways, schools and school grounds, playgrounds, parks and recreation, sidewalks
for children who walk to school, 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.
3. The preliminary plat, as conditioned, meets the general design and other requirements listed
in Chapter 12.400 of the City Subdivision Ordinance for a proposed subdivision.
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 14
4. The proposed preliminary plat, as conditioned, conforms to the City Comprehensive Plan,
and bears a substantial relationship to the public health, safety and welfare.
5. The procedural requirements of the State Environmental Policy Act and the City's Local
Environmental Ordinance have been met. The MDNS issued for the preliminary plat was
appropriate.
6. The proposed change of conditions conforms to the City Comprehensive Plan; and bears a
substantial relationship to the public health, safety and public welfare. Conditions in the area have
substantially changed since the site was conditionally zoned to the UR-22 zone in 1991. This
includes incorporation of the site and area as part of the City of Spokane Valley, adoption of the
City Comprehensive Plan and Phase I Development, and residential growth in the area.
7. The proposal, as conditioned, complies with the UR-22 zone, the City Zoning Code, the
City Subdivision Ordinance and other applicable development regulations.
8. 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.
9. Approval of the preliminary plat application and change of conditions is appropriate under
the City Zoning Code and City Ordinance No. 03-057, as amended by City Ordinance Nos. 03-
081 and 04-012.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the application for a
preliminary plat an change of conditions is hereby approved, subject to the conditions of the
various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
Failure to comply with the conditions of this approval may result in revocation of this
approval by the Hearing Examiner. 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
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
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1. The applicant shall submit a final plat that substantially conforms to the preliminary plat
map of record submitted on February 3, 2005. The final plat shall be limited to a maximum of
thirty (30) residential (duplex division) lots.
2. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance, the
preliminary plat approval shall automatically expire five (5) years after preliminary approval is
granted, on June 28, 2005, unless a time extension is approved for the project.
3. Pursuant to Section 12.100.118 (Extensions of Time) of the Subdivision Ordinance, an
application form and supporting data for time extension requests must be submitted to the
Director at least thirty(30) calendar days prior to the expiration of the preliminary plat approval.
If a request for an extension of time is not timely submitted and approved, the preliminary plat will
expire on June 28, 2010 and become null and void.
4. Pursuant to Section 12.100.130 (Enforcement) of the Subdivision Ordinance, any sale,
lease, or transfer of any lot or parcel created pursuant to the City's Interim Subdivision Ordinance
that does not conform to the requirements of the preliminary plat approval or that occurs without
approval, shall be considered a violation of Chapter 58.17 RCW, 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.
5. Pursuant to Section 12.400.132 (Utilities) ) of the Subdivision Ordinance, when the density
of a proposed subdivision meets or exceeds three lots per gross acre within the exterior
boundaries, the subdivision shall provide underground utilities within public rights-of-way, alleys
or utility easements including, but not limited to, those for electricity, communications, and street
lighting. The subject plat's gross density is 5.17 dwelling units per acre; therefore the proposal
shall comply with Section 12.400.132. If the applicant or successors in interest wish the Director
to waive the under-grounding requirement, a written request shall be submitted to the Community
Development Director requesting a waiver of the underground requirement and providing a
detailed explanation of the conditions, physical or otherwise, that make underground installation
impractical.
6. Except where noted in the 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"), and other applicable requirements of the City Interim Zoning Code and City
Interim Subdivision Ordinance.
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 high 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:
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 16
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. In order to comply with Section 14.618.365 (Walls) of the Spokane Valley Interim Zoning
Code ("Zoning Code"), the applicant shall prior to final plat approval construct a six(6)-foot high
concrete, masonry, or decorative block wall, solid landscaping or sight-obscuring fence along the
proposal's southern property line. The applicant shall submit a written agreement stating that the
applicant or successors in interest shall continuously maintain in good condition the six(6)-foot
high concrete, masonry, or decorative block wall, solid landscaping or sight-obscuring fence.
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 concrete, masonry, or decorative block wall, solid
landscaping or sight-obscuring fence 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 58.09), Survey
and Land Descriptions (WAC-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 with the Spokane County Auditor's Office the final plat, upon receipt of all
required signatures on the face of the plat, provided that also pursuant to this Section, the
applicant shall submit prior to recording all required recording fees including appropriate fees to
pay for the cost of three (3) copies of the recorded final plat for distribution to the City of
Spokane Valley Planning, Engineering and Building Divisions.
5. The final plat dedication shall state "All lots within this plat shall comply with the building
setback requirements, maximum building height standard, maximum lot coverage standard and
other applicable lot development standards for the UR-12 zone or successor zoning designation in
effect at the time of building permit application."
6. Any substantial change to the preliminary plat shall require the submittal of an application
for a preliminary plat modification for review and approval by the Hearing Examiner after a
public hearing, pursuant to Section 12.100.120 (Modifications) of the Spokane Valley Interim
Subdivision Ordinance ("Subdivision Ordinance).
7. The final plat dedication shall note that Lots 1 through 30 are duplex division lots.
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 17
8. Each dwelling unit comprising a duplex shall have individual utility systems and separate
residential systems, as would be required of any single-family dwelling.
9. The final plat dedication shall provide that each owner of a duplex dwelling unit shall equally
share in the cost of maintaining and/or repairing the common sewer system. This cost-sharing
provision shall be reduced to writing, executed by the owners of the duplex dwelling units, run
with the land, and not be terminable without approval of the Community Development
Department of the City of Spokane Valley.
10. A common wall(fire wall) existing between each duplex unit shall comply with all
provisions of the Uniform Building Code, as found in RCW Chapter 19.27. (See Department of
Building and Safety)
11. Each duplex dwelling unit shall have direct access to its associated yards.
12. Divisions of duplex dwelling units under this section shall apply to vertical lines, with no
horizontal overlapping of ownership over or under either duplex unit.
13. The final plat dedication for a duplex division shall contain language, or make reference to
documentation containing language recorded with the Spokane County Auditor's Office,
governing the easements for ingress/egress, utilities, drainage, as well as obligations governing
maintenance, repairs or additions to either dwelling unit comprising the duplex. The dedicatory
language or documentation shall also state that it shall not be amended except with the prior
approval of the Community Development Department. The dedicatory language or
documentation shall contain a statement that, in the event it is necessary to replace more than fifty
percent(50%) of either dwelling unit comprising the duplex, for any reason whatsoever, including
but not necessarily limited to fire, explosion or other destructive forces, said dwelling unit shall be
rebuilt or restored as a duplex.
14. Any construction and/or development conducted within a special flood hazard area shall
apply for a development permit, pursuant to the City's Floodplain Ordinance No. 04-004.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—BUILDING
DIVISION:
15. If any grading is conducted on the site, engineered grading permits shall be required per
Grading Ordinance 04-016.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT
ENGINEERING DIVISION:
16. Plat language will be determined at the time of final plat submittal. Please contact the City
of Spokane Valley Public Works Department for appropriate language.
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 18
17. 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(adopted by the City), the 1998
Spokane County Guidelines for Stormwater Management(as adopted by the City, and as
amended), Spokane Valley Stormwater Ordinance 05-013, and all other applicable standards.
18. Frontage improvements are required for Schafer Road and Old Schafer Road.
a. Schafer Road is designated as a Minor Arterial, with an existing right-of-way consisting of
thirty(30) to thirty-five (35) feet from centerline to property frontage. Plat street improvements
required include a total of twenty-two and one half(22.5) feet of asphalt width from centerline to
property frontage, Type B curb and gutter, ten(10) foot wide planter strip, and a five (5) foot
wide sidewalk. This requires a border easement nine and one-half(9.5) feet wide.
b. Old Schafer Road is designated as a Local Access Street, with an existing right-of-way of
sixty(60) feet. Half street improvements are required for Old Schafer Road. The improvements
required for the plat side include a total of fifteen(15) feet of asphalt from centerline to property
frontage, Type B curb and gutter, ten(10) foot wide planter strip, and a five (5) foot wide
sidewalk. This requires a border easement of two (2) feet. The opposing side improvements
required shall include twelve (12) feet of asphalt and a two (2)-foot gravel shoulder. All
improvements on the opposing side shall be constructed within existing right-of-way.
c. The applicant shall strip pave Old Schafer Road between the site and Mercy Drive to a
width of 27 feet, as approved by the City Engineer. All improvements on the opposing side shall
be constructed within existing right-of-way.
19. The City recommends that the applicant provide a pedestrian pathway along the north side
of proposed Lot 20, to allow for connectivity between proposed Sands Lane and Schafer Road.
20. Appropriate signing shall be addressed at the time of street construction plan submittal.
SPOKANE COUNTY WATER DISTRICT NO. 3:
21. A water plan is required to be submitted and approved prior to construction.
SPOKANE COUNTY DIVISION OF UTILITES:
22. The fmal 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."
23. A Public Sanitary Sewer easement shall be shown on the face of the plat. The final plat
dedication shall state: "The perpetual easement granted to Spokane County, its' successors and
assigns is for the sole purpose of constructing, installing, operating, maintaining, repairing,
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 19
altering, replacing, removing, and all other uses or purposes which are or may be related to a
sewer system. Spokane County, it's successors and assigns at all times hereinafter, at their own
cost and expense, may remove all crops, brush, grass or trees that may interfere with the
constructing, installing, operating, maintaining, repairing, altering, replacing, removing and all
other uses or purposes which are may be related to a sewer system. The grantor(s) reserves the
right to use and enjoy that property which is the subject of this easement for purposes which will
not interfere with the County's full enjoyment of the rights hereby granted; provided, the
Grantor(s) shall not erect or construct any building or other structure or drill on the easement, or
diminish or substantially add to the ground cover over the easement. The easement described
hereinabove is to and shall run with the land."
24. 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.
25. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization
of the project.
26. 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.
27. Security will be submitted to the Division of Utilities prior to approval of the Sewer Design
Plans.
28. 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:
29. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
30. 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.
31. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County.
32. Water service shall be coordinated through the Director of Utilities, Spokane County.
33. Water service shall be by an existing public water supply when approved by the Regional
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 20
Engineer(Spokane), State Department of Health.
34. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane
Regional Health District that an adequate and potable water supply is available to each lots of the
plat.
35. 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.
36. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection use shall be approved by the water purveyor. Said water plan must have been approved
by the fire protection district and the appropriate health authorities. The health authorities, water
supplier(purveyor), and the fire protection district will certify, prior to the filing of the final 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.
37. 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.
38. 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.
39. 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."
40. The dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
41. 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 Community Development 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."
SPOKANE COUNTY FIRE DISTRICT NO. 1:
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 21
42. Prior to final plat approval, a new fire hydrant shall be installed at the northwest corner of
Old Schafer Road and Sands Lane.
43. The proposed road name "Sands Lane" shall be changed.
AVISTA UTILITIES:
44. The applicant shall provide a ten (10)-foot wide easement strip along the easterly property
line of the site, along the Union Pacific Rail Road right-of-way, through Tract B and Lot 20, for
existing overhead electric conductor, existing guy stub pole and anchor cables.
45. 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
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. 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.
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, as adopted by the City.
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
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 22
and that all disturbed monuments have been replaced. All work is subject to inspection by the
City Engineer or by his staff.
SPOKANE COUNTY FIRE DISTRICT NO. 1:
5. All street signs are required to be installed prior to issuance of building permits.
QWEST:
6. The applicant shall submit two (2) full size final plat maps with lot addresses noted and the
serving power utility design at least six (6) weeks before the developer's and/or builder's open
utility trench date.
DATED this 28th day of June, 2005
CITY HEARING EXAMINER PRO TEM
1
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Mich el C. Dempsey, WSBA#8234
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 23
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City Ordinance No. 03-057, as amended by City Ordinance Nos. 03-081 and
04-012, the decision of the Hearing Examiner on a combined preliminary plat application and
change of conditions application is final and conclusive unless within twenty-one (21) calendar
days from the issuance of the Examiner's decision, a party with standing files a land use petition
in superior court pursuant to chapter 36.70C RCW. Pursuant to chapter 36.70C RCW, the date
of issuance of the Hearing Examiner's decision is three (3) days after it is mailed.
This Decision was mailed by Certified Mail to the Applicant and by first class mail to other
parties of record on June 28, 2005. The date of issuance of the Hearing Examiner's decision is
therefore July 1, 2005, counting to the next business day when the last day for mailing falls on a
weekend or holiday. THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR
COURT BY LAND USE PETITION IS JULY 22, 2005.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-7490. The file may be
inspected during normal working hours, listed as Monday-Friday of each week, except holidays,
between the hours of 8:30 a.m. and 5:00 p.m. After the appeal period, the file may be inspected
at the City of Spokane Valley Department of Community Development, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, WA. Copies of the documents in the
record will be made available at the cost set by City of Spokane Valley Ordinance.
Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision ZE-46A-90/SUB-05-05 Page 24