REZ-03-05-SUB-06-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification )
from the UR-3.5 Zone to the UR-7* ) FINDINGS OF FACT,
Zone, and Application for the Preliminary ) CONCLUSIONS OF LAW,
Plat of Marley Heights; ) AND DECISION
Applicant: Strahl Construction, Inc. )
File No. REZ-03-05/SUB-06-05 )
)
I. SUMMARY OF DECISION
Hearing Matter: Applications for a rezone from the UR-3.5 zone to the UR-7* zone, and for a
preliminary plat.
Summary of Decision: Approve applications, subject to conditions of approval. The preliminary
plat will expire on August 9, 2010. An application to request an extension of time for the
preliminary plat must be submitted at least 30 days prior to the expiration date.
H. FINDINGS OF FACT
1. The applications seek approval of a zone reclassification from the Urban Residential-3.5
(UR-3.5) zone to the Urban Residential-7* (UR-7*) zone, on 3.14 acres of land; and an
associated preliminary plat to subdivide such acreage into eleven(11) lots for single-family
dwellings.
2. The site is located along the north side of Nora Avenue, approximately 280 feet east of the
intersection of Nora Avenue and Park Road; in the SW 1/4 of the SW 1/4 of Section 7, Township
25 North, Range 44 East, Willamette Meridian, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45073.0301, and is
addressed at 7521 East Nora Avenue, Spokane Valley, Washington. The subject property is
legally described on the preliminary plat map of record.
4. The applicant for the proposal is Strahl Construction, c/o Jason Strahl, 3611 N. Calispel
Street, Spokane, Washington 99205. The site owner is Richard Kasparian, 4421 N. Mayhew
Road, Spokane, Washington 99216.
1;.
5. On February 7, 2005, the applicant submitted complete applications for a zone
reclassification and preliminary plat, and a preliminary plat map, to the City Department of
Community Development in File No. REZ-03-05/SUB-06-05.
6. On May 13, 2005, the Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not appealed.
HE Findings, Conclusions and Decision REZ-03-05/SUB-06-05 Page 1
7. The Hearing Examiner conducted a site visit on June 7, 2005, and conducted a public
hearing on the proposal on June 9, 2005. The requirements for notice of public hearing were met.
8. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 03-057, as
amended by City Ordinance Nos. 03-081 and 04-012, and the City Hearing Examiner Rules of
Procedure.
9. The following persons testified at the public hearing held on June 9, 2005:
Micki Harnois, Associate Planner Pat Moore
Current Planning 1428 W. Mansfield Avenue
City o Spokane Valley Spokane, WA 99205-4329
11707 E. Sprague Avenue Suite 106
Spokane Valley, WA 99206-6124
Greg McIntyre Earl Amen
7610 E Baldwin Avenue 7624 E. Baldwin Avenue
Spokane Valley, WA 99212-2469 Spokane Valley, WA 99212-2469
Richard Renford
7606 E. Nora Avenue
Spokane Valley, WA 99212-2517
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code, City
Subdivision Ordinance, 2001 City Standards for Road and Sewer Construction("City Road
Standards"), City Guidelines for Stormwater Management, City Code, City Critical Areas
Ordinance, other applicable development regulations, and prior land use decisions in the vicinity
11. The record includes the documents in File No. REZ-03-05/SUB-06-05 at the time of the
public hearing held on June 9, 2005; the documents and testimony submitted at the public hearing;
and the items taken notice of by the Hearing Examiner.
12. The site is 3.14 acres in size. The west end of the site is improved with a single-family
residence, detached garage and two outbuildings. The site is relatively flat in topography, and is
vegetated with shrubs and grasses.
13. The preliminary plat map of record submitted on February 7, 2005 illustrates division of the
site into 11 lots for single-family dwellings, including a 1.13-acre lot that would house the existing
single-family home and accessory structures located on the site. The proposed lots would be
served by an internal private road; except Lots 1, 2 and 11, which would directly access Nora
Avenue.
14. The preliminary plat map improperly includes the private road within the boundaries and lot
sizes of the proposed lots bordering the private road. Under the City Zoning Code, the definition
of"lot area" includes the total horizontal space within the "lot lines" of lot, excluding any street
HE Findings, Conclusions and Decision REZ-03-05/SUB-06-05 Page 2
rights of way. The definition of"lot front line"means the line separating the lot from the street.
The definition of"street, public (private)" includes a private road. See Zoning Code 14.300.100.
15. Lots 3-10 have the following approximate, corrected lot areas, based on removal of the area
for private roads:
Lot 3: 6,840 square feet
Lot 4: 8,516 square feet
Lot 5: 7,840 square feet
Lot 6: 8,891 square feet
Lot 7: 8,891 square feet
Lot 8: 7,840 square feet
Lot 9: 8,516 square feet
Lot 10: 6,840 square feet
16. The total corrected lot area in the preliminary plat, excluding the private road, is
approximately 2.92 acres. The density(net) of the preliminary plat of record is approximately
3.77 dwelling units per acre, based on dividing the number of proposed lots (11) by the corrected
combined area of the residential lots.
17. Effective January 1, 1991, Spokane County reclassified the zoning of the site and nearby
land to the UR-3.5 zone; pursuant to the Program to Implement the Spokane County Zoning
Code, which was a county-wide rezoning effort. See County Resolution No. 85-0900.
18. On March 2, 1998, the County approved the preliminary plat of Bradley Heights, to divide
3.7 acres of land lying 360 feet south of the site, along Edgerton Road, into 17 lots for single-
family residences; and also approved a rezone of such acreage from the UR-3.5 zone to the UR-7
zone. The preliminary plat has a density(net) of 4.86 dwelling units per acre. See decision in File
No. PE-1848-97/ZE-54-97. The preliminary plat was fmalized by the County on February 19,
2003.
20. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA) boundaries and Phase I Development Regulations, pursuant to the
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.
21. The County Comprehensive Plan designated the site, the land in the area lying east of Park
Road, and the land lying west of Park Road south of Mission Avenue, in the Low Density
Residential category; and designated the land lying west of Park Road, north of Mission Avenue,
in the Light Industrial category. The County Phase I Development Regulations generally retained
the existing zoning in the area.
22. On March 31, 2003, the site and area were incorporated into the City of Spokane Valley.
Upon incorporation, the City adopted the County Comprehensive Plan, County Zoning Code,
HE Findings, Conclusions and Decision REZ-03-05/SUB-06-05 Page 3
County official zoning maps, County Phase I Development Regulations and other County
development regulations by reference, with certain revisions.
23. 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 Phase I Development Regulations. The site is located inside the Aquifer
Sensitive Area(ASA) Overlay zone designated by the City Zoning Code.
24. The land near the site is zoned UR-3.5 and developed for single-family homes; except for
the UR-7 zone approved for a final plat located along Edgerton Road to the south. Some
scattered UR-22 zones are located to the northwest along Park Road, and to the northeast along
Indiana Avenue. Some scattered UR-7 zones are located farther to the south and east. The land
lying west of Park Road in the vicinity is zoned Light Industrial(I-2) and developed for industrial
uses, along with an indoor soccer facility; except for a UR-22 zone that abuts Park Road and
Nora Avenue, which is developed with higher density housing.
25. The City Arterial Road Plan designates Mission Avenue and Vista Road in the area as Urban
Collector Arterials, and designates Park Road as an Urban Principal Arterial. Trent Road(SR-
290), and adjacent railroad tracks, lie approximately 700 feet north of the site. Park Road passes
over Interstate 90 a few blocks south of Mission Avenue. Nora Avenue and the other roads in the
vicinity are Urban Local Access roads.
26. Neighboring property owners expressed opposition to the proposal, based on proposed
housing density, lot sizes, building heights, loss of privacy, car beam lights shining into a home
located south of the site across Nora Avenue, impacts on wildlife, increased traffic and other
concerns.
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-3.5 zone, which currently applies to the site, is intended to promote areas of
primarily single-family residences in an urbanized neighborhood setting. Such zone permits
single-family homes, duplexes and certain other uses. The UR-3.5 zone permits a maximum
residential density of 4.35 dwelling units per acres. The minimum frontage for a single-family
dwelling in the UR-3.5 zone is 80 feet, and the minimum lot size is 10,000 square feet.
29. The UR-7 zone is intended to add to the variety of housing types and densities in urban
areas, and to provide standards for the orderly development of residential property in a manner
that provides a desirable living environment that is compatible with surrounding land uses and
assures the protection of property values. The UR-7 zone permits the development of single-
family homes, duplexes, multi-family dwellings and certain other uses.
HE Findings, Conclusions and Decision REZ-03-05/SUB-06-05 Page 4
30. The 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; and 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 for a single-family dwelling
in the UR-7 zone are respectively 6,000 square feet and 65 feet.
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 implement such policies.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
HE Findings, Conclusions and Decision REZ-03-05/SUB-06-05 Page 5
38. 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. The standards require separated sidewalk, unless City Engineering authorizes a deviation
based on local conditions and other factors.
39. County Utilities certified the availability of public sewer to the site, and the site is located in
the County 6-year sewer capital improvement program area. Spokane County Water District No.
3 certified the availability of public water to the proposed lots in the proposal.
40. City Engineering conditions of approval require the applicant to improve Nora Avenue
along the frontage of the site; by adding additional asphalt, curb, gutter and sidewalk.
41. The applicant submitted a trip distribution letter prepared by a traffic engineering consultant.
The letter indicated that the project would likely generate less than 20 vehicle trips in the peak
PM hour, below the threshold required for a traffic study; and that it would not have any
significant impact on the road intersections in the area in terms of level of service. Based on such
letter, the City Engineering Department issued a certificate of transportation concurrency for the
proposal.
42. The proposal complies with the public sewer,water and transportation concurrency
provisions of the City Phase I Development Regulations. The City Phase I Development
Regulations do not require direct concurrency for schools or parks.
43. Location of the private road along Nora Avenue across the street from existing single-family
homes is unavoidable. The location of the existing home and accessory structures on Lot 1 of the
preliminary plat preclude placing the access across from Edgerton Road, a private road, located to
the south.
44. The City Zoning Code will require the applicant to install a 6-foot high sight-obscuring
screen along the north, east and west borders of the proposed subdivision. The applicant
indicated that such screening would consist of a 6-foot high sight-obscuring fence. The applicant
advised that a survey would determine the status of a chain link fence located 10 feet south of a
portion of the north border of the site.
45. Lots 6 and 7 proposed along the north border of the site are 8,891 square feet; which is
much larger than the minimum lot size of 6,000 square feet in the UR-7 zone, and nearly 90% of
the minimum lot size in the UR-3.5 zone. The applicant stated that the homes developed on such
lots would be oriented from east to west. Such feature, the required fencing along the north
border, and the considerable depth of Lots 6 and 7 will mitigate view and privacy impacts to the
existing homes located to the north. The maximum building height in both the UR-3.5 zone and
the UR-7 zone is 35 feet and 2.5 stories.
46. City Critical Areas maps do not designate any priority wildlife habitat on the site. There is
no evidence that the proposal would impact any threatened or endangered species on the
property. There is no basis to condition or deny the project based on its impacts on wildlife.
HE Findings, Conclusions and Decision REZ-03-05/SUB-06-05 Page 6
47. The site is a logical choice for UR-7* zoning, considering the nearness of the site to the
arterial road system along Park Road and Mission Avenue, and the availability of public services
to the site, including public sewer and public transit.
48. The proposed rezone and preliminary plat implement the policies of the Comprehensive
Plan, as set forth in the Staff Report, and as supplemented above.
49. In accordance with the City Subdivision Ordinance,the design, shape, size and orientation
of lots in the preliminary plat are appropriate for the proposed use of such lots, and the character
of the area in which the lots are located. Block dimensions reflect due regard for the needs of
convenient access, public safety, emergency vehicle access, topography, road maintenance and
provision of suitable sites for the proposed use. Road alignments in the proposal are designed
with appropriate consideration for existing and planned roads, anticipated traffic patterns,
topographic and drainage conditions, safety and the proposed use of the site. See preliminary plat
requirements in City Subdivision Ordinance.
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. 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,
adoption of the Comprehensive Plan and designation of the site in the Low Density Residential
category of the Comprehensive Plan, adoption of the City Phase I Development Regulations, and
the 1998 approval of the preliminary plat and rezone to UR-7 zone for land located south of the
site along Edgerton Road, and inclusion of the site in the City of Spokane Valley in 2003.
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.
HE Findings, Conclusions and Decision REZ-03-05/SUB-06-05 Page 7
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
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 change in economic, technological, or land use conditions has occurred to warrant the
proposed rezone, and 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 of the City
Zoning Code, and under City Ordinance No. 03-57, as modified by Ordinance Nos. 03-081 and
04-012.
W. 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.
HE Findings, Conclusions and Decision REZ-03-05/SUB-06-05
Page 8
Pursuant to City Ordinance No. 04-012, if a timely appeal of the rezone approval is not filed
with the City Council, the City Manager or designee shall modify the official zoning map of the
City according to the Examiner's decision; which action shall be considered the final legislative
action of the City Council and an "official control" of the City.
CONDITIONS OF APPROVAL:
A. General conditions:
The following are general conditions of approval that apply to REZ-03-05/SUB-06-05 (Marley
Heights):
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. 45073.0301.
2. The maximum density for future residential development on the site shall be six(6) dwelling
units per acre.
3. The approved preliminary plat shall have a maximum of eleven(11) single-family residential
lots, unless a preliminary plat modification is approved pursuant to Section 12.100.120
(Modifications) of the Spokane Valley Interim Subdivision Ordinance ("Subdivision Ordinance").
The lot boundaries and lot areas of Lots 3-9 shall be corrected in the final plat to remove the
private road, which cannot be part of the lot areas.
4. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance, the
preliminary plat approval in SUB-06-05 shall automatically expire five (5) years after preliminary
approval is granted unless a time extension is approved for the project. If a request for an
extension of time is not submitted and approved, the preliminary approval expires and the plat is
null and void. The expiration date for the preliminary plat in File No. SUB-06-05 is August 9,
2010.
5. 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 August 9, 2010.
6. 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
HE Findings, Conclusions and Decision REZ-03-05/SUB-06-05 Page 9
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.
7. Pursuant to Section 12.400.132 (Utilities), 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 3.5 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
undergrounding 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.
8. 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").
9. 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 fmal plat approval, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. In order to comply with Section 14.618.365 (Walls) of the Zoning Code, the applicant shall,
prior to final plat approval, construct a six(6)-foot high concrete, masonry, or decorative block
wall, solid landscaping or sight-obscuring fence along the final plat's eastern, western and
northern perimeters. 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 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.
HE Findings, Conclusions and Decision REZ-03-05/SUB-06-05 Page 10
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. 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 district or successor zoning designation in effect at the time of building permit application.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT
ENGINEERING DIVISION:
6. A Professional Engineer, licensed in the State of Washington, shall submit final street and
drainage plans and a drainage report including calculations that conform to the 2001 Edition of
the Spokane County Standards for Road and Sewer Construction(or as amended), the 1998
Spokane County Guidelines for Stormwater Management(or as amended), Spokane Valley
Stonuwater Ordinance No. 05-013, and all other applicable standards.
7. 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.
8. Frontage improvements are required for Nora Avenue.
Nora Avenue is designated as a Local Access Street. Existing right-of-way consists of thirty
(30) feet from centerline to property frontage. Plat street improvements required include a
total of fifteen(15) feet of asphalt width from centerline of property frontage, Type B curb
and gutter, ten(10)-foot planter strip and a five (5)-foot sidewalk. This requires a border
easement of two (2) feet.
SPOKANE COUNTY DIVISION OF UTILITIES:
9. 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.
10. Public Sanitary Sewer easement shall be shown on the face of the plat and the 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, altering, replacing,
HE Findings, Conclusions and Decision REZ-03-05/SUB-06-05 Page 11
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."
11. 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.
12. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization
of the project.
13. 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.
14. Security will be submitted to the Division of Utilities prior to approval of the Sewer Design
Plans.
15. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE COUNTY WATER DISTRICT #3:
16. A water plan will need to be submitted and approved prior to water service becoming
available.
17. Once construction of the on-site water system improvements has been completed and
accepted by the District, water service will be provided to each lot once the appropriate meter and
connection fees have been paid.
SPOKANE REGIONAL HEALTH DISTRICT:
18. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
19. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
HE Findings, Conclusions and Decision REZ-03-05/SUB-06-05 Page 12
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.
20. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County.
21. Water service shall be coordinated through the Director of Utilities, Spokane County.
22. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
23. 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.
24. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection use shall be approved by the water purveyor. Said water plan must have been approved
by the fire protection district and the appropriate health authorities. The health authorities, water
supplier(purveyor), and the fire protection district will certify, prior to the filing of the final plat,
on the face of said water plan that the plan is in conformance with their requirements and will
adequately satisfy their respective needs. Said water plan and certification will be drafted on a
transparency suitable for reproduction.
25. 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
arrangements 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.
26. 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.
27. 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."
28. The dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
29. 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, City of Spokane Valley Building Department and water purveyor, shall be
HE Findings, Conclusions and Decision REZ-03-05/SUB-06-05 Page 13
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."
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) 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 out
of the clear zone. The clear zone requirements shall follow the 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 a Construction Certification Package including "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.
The Certification Package shall follow current Spokane Valley standards for construction
inspection. All work is subject to inspection by the City Engineer or by his staff. This shall be
complete prior to final plat.
5. Appropriate signing shall be addressed at the time of street construction plan submittal.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-BUILDING
DIVISION
6. Fire hydrants shall be placed on the corners of intersections and spaced no further than six
hundred(600) feet apart. If intersections are greater than six hundred(600) feet apart a fire
hydrant shall be located on adjoining property lines within the border easement. Fire flow shall be
one thousand(1,000) gpm minimum to serve one (1) and two (2) family structures up to three
thousand six hundred(3,600) square feet.
HE Findings, Conclusions and Decision REZ-03-05/SUB-06-05 Page 14
7. Copies of recorded private easements will be required.
8. Any grading associated with subdivision development, including the creation of private
roads, is considered engineered grading. An engineered grading permit is required. This activity
must follow the regulations found in Spokane Valley Municipal Code(SVMC) Chapter 10.15,
Article II, Subsection#10.15.120 (Residential Subdivision Grading).
Plans for Residential Subdivision Grading shall contain the following details, in addition to the
general information required under SVMC 10.16.110:
1) Details of subdivision construction to mitigate the effects of storm water and irrigation
run-off for all lots and areas of the subdivision. Specific site construction requirements
to mitigate collection of water in crawlspaces and basements shall be provided.
2) Final location of all grading construction spoils. If spoils are placed on building lots,
the surface overburden, i.e. topsoil and any underlying soils not conforming to the
project requirements of the lots shall be removed prior to the placement of any other
fill. If lots are comprised of fill materials more than two feet in depth, the compacted
fill materials below two feet in depth from finished grade shall have a minimum
allowable bearing capacity of 1500 pounds per square foot. In addition, if the
foundation is placed on fill materials, a foundation analysis and design, prepared by a
licensed Washington engineer, shall be required to be submitted with any subsequent
Spokane Valley Building Permit Application.
3) Maximum and minimum elevations for all basement and crawl space floors. Maximum
and minimum elevations for the top of foundation walls. Maximum elevation for
lot/property boundary lines to provide positive drainage from building sites.
4) Requirements for swales or drainage devices to manage storm water and landscape
irrigation runoff
5) Reports to conclude this activity must comply with SVMC Article II, Subsection
10.15.210 Completion of Work. The Spokane Valley Municipal Code is available on
our website, www.spokanevalley.org.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-PLANNING
DIVISION
9. Upon any discovery of potential or known archaeological resources at the subject properties
prior to or during future on-site construction, the developer, contractor, and/or any other parties
involved in construction shall immediately cease all on-site construction, shall act to protect the
potential or known historical and cultural resources area from outside intrusion, and shall notify,
within a maximum period of twenty-four hours from the time of discovery, the City of Spokane
Valley Community Development Department of said discovery.
AVISTA
10. The following easements are required on the site:
HE Findings, Conclusions and Decision REZ-03-05/SUB-06-05 Page 15
1) a ten(10)-foot-wide utility easement strip along the boundary line of Nora Avenue.
2) a ten(10)-foot-wide utility easement strip adjacent and adjoining the private driveway.
3) a ten(10)-foot-wide utility easement strip along the north property line to cover
existing distribution line
4) a five (5)-foot wide utility easement strip on each side of the common lot between
Lots 6 and 7.
11. The following language shall be include on the dedication sheet: "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 under 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."
WASHINGTON STATE DEPARTMENT OF ECOLOGY
12. The applicant is encouraged to use construction products containing recycled and non-toxic
materials whenever possible, to reuse and recycle all leftover construction materials, and reduce
waste generated and practice "Green Building principals in all aspects of the project.
13. Landscaping should incorporate waste prevention measures and the use of organic
materials. Water needs are reduced by use of drought tolerant plantings, compost material, mulch,
and drip irrigation. Pesticide and herbicide use is eliminated or reduced by use of pest resistant
and native plantings. Compost is also an effective soil amendment. Chipped woody debris can be
used to mulch ornamental beds, suppress weeds, retain moisture, control erosion, and provide a
base for pathways. It is recommended to use organic debris generated on-site if possible for
landscaping.
DATED this 9th day of August, 2005
CITY HEARING EXAMINER PRO TEM
J
Mic ael C. Dempsey, WSB 823
HE Findings, Conclusions and Decision REZ-03-05/SUB-06-05 Page 16
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 57, as modified by Ordinance Nos. 03-
081 and 04-012, the decision of the Hearing Examiner on a combined application for a zone
reclassification and preliminary plat is final and conclusive unless within fourteen(14) calendar
days from the Examiner's written decision, a party of record aggrieved by such decision files an
appeal with the City Council of the City of Spokane Valley, City Hall, 11707 E. Sprague Avenue,
in Spokane Valley, Washington.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on August 9, 2005. THE APPEAL CLOSING DATE IS AUGUST 23,
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, Washington. Copies of the documents in
the record will be made available at the cost set by City of Spokane Valley Ordinance.
Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision REZ-03-05/SUB-06-05 Page 17