REZ-09-05 SUB-08-05 APP-05-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Applications for a Rezone from the UR-3.5 )
Zone to the UR-7* Zone, and for the )
Preliminary Plat of Shelley Lake 5th Addition, )
and Appeal of a Mitigated Determination ) FINDINGS OF FACT,
of Nonsignificance (MDNS); ) CONCLUSIONS OF LAW,
Applicant/Appellant: Robert Heitman, Jr. ) AND DECISION
File Nos. REZ-09-05/SUB-08-05 and )
APP-05-05 )
I. SUMMARY OF DECISION
Hearing Matter: Applications for a rezone and a preliminary plat, and appeal of a Mitigated
Determination of Nonsignificance (MDNS) issued for such applications.
Summary of Decision: Approve applications, subject to revised conditions of approval.
Modification of the mitigating measures stated in the MDNS. The preliminary plat will expire
on December 29, 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.
II. FINDINGS OF FACT
Procedural and Background Information
1. The applications in File No. REZ-09-05/SUB-08-05 seek approval of a preliminary plat to
divide 46.48 acres of land into fifty-nine (59) lots for single-family dwellings, and four(4)
common open space tracts; and a zone reclassification of approximately 3.5 acres of the
preliminary plat area from the Urban Residential-3.5 (UR-3.5) zone to the Urban Residential-7*
(UR-7*) zone.
2. The site is located east of and adjacent to Rotchford Drive, and north of and adjacent to 12th
Avenue; in the SE 1/4 of Section 24, Township 25 North, Range 44 East, Willamette Meridian,
Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45245.9154 (parent
parcel no. 45245.9152). The property is legally described on the preliminary plat map of record
for the proposal.
4. The applicant for the project and the site owner is Robert Heitman, Jr., Shelley Lake
Development, LLC, 8225 N. Division, Spokane, WA 99208.
5. On February 25, 2005,the applicant submitted a complete application for a preliminary
plat. On March 7, 2005,the applicant submitted a complete application for a zone
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reclassification to the City Department of Community Development, in File No REZ-09-
05/SUB-08-05.
6. On October 21, 2005,the Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposal. On November 4, 2005, Robert
Heitman, Jr., owner of the subject site,timely appealed the MDNS.
7. On November 17, 2005,the Hearing Examiner conducted a consolidated public hearing on
the applications and the appeal of the MDNS. The requirements for notice of public hearing
were met. The Hearing Examiner conducted a site visit on November 14, 2005.
g ,
8. The Hearing Examiner heard the proposal pursuant to the City Hearing Examiner
Ordinance, as codified in chapter 10.35 of the City Municipal Code; and the Hearing Examiner
Rules of Procedure adopted pursuant thereto.
9. The following persons testified at the public hearing held on November 17, 2005:
Karen Kendall, Assistant Planner Margaret L. Arpin
Spokane Valley Community Development Attorney at Law
Department, Planning Division 1117 E. 35th Avenue
11707 E. Sprague Avenue, Suite 106 Spokane, WA 99203
Spokane Valley, WA 99206
Inga Note, Traffic Engineer
Whipple Consulting Engineers, Inc. Public Works Department
c/o Todd R. Whipple, P.E. City of Spokane Valley
13218 E. Sprague Avenue 11707 E Sprague Ave Suite 106
Spokane Valley, WA 99216 Spokane Valley, WA 99206-6124
Wes Schmidt Scotty Smith
625 S. Shelley Lake Lane 913 S. Shelley Lake Lane
Spokane Valley, WA 99037-8400 Spokane Valley, WA 99037-8400
Mike Syrcle Laura Wells
16012 E. 6th Lane 631 S. Shelley Lake Lane
Spokane Valley, WA 99037-8400 Spokane Valley, WA 99037-8400
John Carroll Joe Pallaria
1207 S. Rotchford 903 S. Shelley Lake Lane
Spokane Valley, WA 99037-8400 Spokane Valley, WA 99037-8400
Ken Troop Robert Harris
619 S. Shelley Lake Lane 855 S. Shelley Lake Lane
Spokane Valley, WA 99037-8400 Spokane Valley, WA 99037-8400
HE Findings, Conclusions and Decision REZ-09-05/SUB-08-05/APP-05-05 Page 2
Bill Martin Barbara Place
811 S. Shelley Lake Lane 16305 E 9Th Ln
Spokane Valley, WA 99037-8400 Spokane Valley, WA 99037-8408
John Saywers
327 W. 8th Avenue, Suite 240 •
Spokane, WA 99203
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 Critical Areas Ordinance, City Critical Areas Maps, City Shoreline Master
Program, City Guidelines for Stormwater Management, City Code, other applicable development
regulations,ons, Ci tY zoning
maps and prior land use decisions ons in the vicinity
Items in Record
11. The record includes the documents in File No. REZ-09-05/SUB-08-05 at the time of the
public hearing, the documents and testimony submitted at the public hearing, and the items taken
notice of by the Hearing Examiner.
12. The record also includes the following documents in File No. PE-1750-94/PUDE-4-94/ZE-
34-94: preliminary plat map/PUD site plan dated July of 1994; Board of County Commissioners
decision dated January 24, 1995; the administrative decisions approving five (5)time extensions
for the preliminary plat,respectively; and administrative decision denying the sixth(6th)time
extension for the preliminary plat approved in 1995. The record also includes the recorded final
plat map and dedication, respectively, for Shelley Lake Addition, Shelley Lake 1st Addition,
Shelley Lake 2nd Addition, Shelley Lake 3rd Addition, and Shelley Lake 4th Addition.
Description of Site and Preliminary Plat
13. The site is 46.48 acres in size and has rolling topography. The steepest slope on the site is
approximately 26%, and is associated with a rock outcrop located on Tract A of the preliminary
plat of record. The site is covered with grasses, shrubs,pasture and evergreen trees.
14. The preliminary plat map of record was submitted on September 21, 2005, and consists of
three (3)plan sheets. The map illustrates 59 lots for single-family dwellings ranging from 8,327
square feet to 28,766 square feet in size, with an average lot size of approximately 14,140 square
feet.
15. The preliminary plat contains four(4) common open space tracts, on a total of 25.14 acres.
Tract"A" is .7-acres, reserved for"open space", and contains relatively steep slopes associated
with a large outcrop. Tract`B"is 1.34 acres in size, reserved for drainage, and contains a 100-
year floodplain on its easterly half. Tract"C"is .08 acres in size,reserved for drainage, and is
ambiguously included within the lot boundaries of Lot 9, Block 2 of the preliminary plat. Tract
"D"is 23.02 acres, labeled as "Shelley Lake"tract, contains a portion of Shelley Lake and its
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associated shoreline on the site, and contains part of a DNR Type 4 stream(Saltese Creek)
flowing into the lake.
16. The preliminary plat map illustrates a private road system in the preliminary plat; which
connects to the private road system in Shelley Lake Fourth Addition to the north in two locations,
but does not connect directly to Rotchford Drive to the west.
17. The density(net) of the preliminary plat under the City Zoning Code is determined by
dividing the number of dwelling units (59 units) by the difference between the gross acreage of
the preliminary plat(46.48 acres) and the area of the preliminary plat reserved for public or
private roads (approximately 2.2 acres). See Zoning Code 14.300.100, definition of"density".
18. The density(net) of the preliminary plat, based on the above calculations, is approximately
1.33 dwelling units per acre. The preliminary plat map incorrectly lists the density of the
preliminary plat as 2.52 dwelling units per acre.
Previous Land Use Decisions for Site and Neighboring Land
19. On January 24, 1995, Spokane County approved the preliminary plat/PUD of Shelley Lake,
to divide 123.8 acres of land into 243 lots for single-family dwellings in the Urban Residential-
3.5 (UR-3.5) and Suburban Residential-1 (SR-1) zones; one (1) lot for 200 multi-family dwelling
units in the Urban Residential-12 (UR-12)zone; and 53.2 acres of common open space. The
preliminary plat map/PUD site plan of record for such decision was dated July of 1994. See
Board of County Commissioners decision in County File No. PE-1750-94/PUDE-4-94/ZE-34-94.
20. The County's 1995 decision in County File No. PE-1750-94/PUDE-4-94/ZE-34-94 also
included the approval of a Planned Unit Development(PUD) Overlay zone for the entire 123.8
acres of the preliminary plat, the approval of bonus density for the portions of the preliminary
plat zoned UR-3.5 and SR-1, and the rezone of 14.4 acres of land located in the north end of the
preliminary plat from the UR-3.5 zone to the UR-12 zone. The current site includes the south
end of the original preliminary plat area, and portions of Shelley Lake and Saltese Creek
contained in the original preliminary plat.
21. In 1996, the County approved the rezone of 9.69 acres of land located north of the site,
along the north side of Sprague Avenue, east of Carnine Road, from the Community Business
(B-2) zone to the Regional Business (B-3)zone. In 1996,the County approved the rezone of
1.64 acres located along the north side of Sprague Avenue, west of Carnine Street and east of
Conklin Road, from the Urban Residential-22 (UR-22)zone to the B-3 zone. See decisions in File
Nos. ZE-29-96 and ZE-68-96.
22. Between 1997 and 2003, five (5)phases of the original Shelley Lake preliminary plat
received final plat approval. This included a total of 198 lots for single-family dwellings on
approximately 62 acres of land. The portions of the original preliminary plat that have not been
platted or developed include the site, and the 15 acres of land in the original preliminary plat
rezoned to the UR-12 zone for multi-family development.
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23. Five (5)time extensions were granted administratively for the original preliminary plat in
File No. PE-1750-94/PUDE-4-94/ZE-34-94. On December 9, 2004, the City Department of
Community Development denied a 6th request for a time extension submitted by the current
applicant, which terminated the preliminary plat. At such time,the applicant was proposing the
development of 52 dwelling units on the site.
24. Prior to the denial of the 6th time extension request on December 9, 2004,the preliminary
plat map of record in File No. PE-1750-94/PUDE-4-94/ZE-34-94 for the site was the original
preliminary plat map submitted in July of 1994. The 1994 preliminary plat map illustrated the
development of 50 lots for single-family dwelling units on the current site, compared to the 59
lots currently proposed.
25. In 2001, the County adopted a new County Comprehensive Plan and the County Phase I
Development Regulations, under the State Growth Management Act(GMA). The Phase I
Development Regulations designated the site and area in the Urban Growth Area(UGA)
boundaries.
26. The County Comprehensive Plan designated the site and neighboring land in the Low
Density Residential category, with certain exceptions. The County Comprehensive Plan
designated the land lying north and northeast of the Shelley Lake final plats, east of Conklin
Road, in the High Density Residential category. The County Comprehensive Plan designated the
land lying north and northwest of the final plat of Shelley Lake Addition, west of Conklin Road,
in the High Density Residential category.
27. The County Phase I Development Regulations reclassified the zoning of the south 18.5
acres of the site, and neighboring land located to the west, south and east, from the SR-1 zone to
the Urban Residential-7* (UR-7) zone; retained the UR-3.5 zoning of the remainder of the site
and the other land located in the original preliminary plat of Shelley Lake, and reclassified the
zoning of the northerly 15 acres of the original preliminary plat area to the UR-22 zone.
28. 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,
County official zoning maps, County Phase I Development Regulations and other County
development regulations by reference, with certain revisions.
29. 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 and area are located inside
the Aquifer Sensitive Area(ASA) Overlay zone designated by the City Zoning Code.
Surrounding Conditions
30. Neighboring lots in the Shelley Lake final plats are developed with single-family residences
on land zoned UR-3.5. The land lying south, east and west of the portion of the site that is
currently zoned UR-7* is zoned Urban Residential Estate (UR-1), and is developed with single-
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family homes on lots larger than those in the proposal and the Shelley Lake final plats. The land
lying east of the north portion consists of the remainder of Shelley Lake and undeveloped land.
31. The land lying north of the Shelley Lake final plats, and the land located along or near
Fourth Avenue west of the Shelley Lake final plats, consists of a mix of UR-3.5, UR-7 and UR-
22 zoning; and includes vacant land, single-family homes, a manufactured home park and multi-
family development. Further to the north, along or near Sprague Avenue, are found commercial
and light industrial uses on land zoned Light Industrial (I-2), B-2 or B-3.
32. The City Arterial Road Plan designates Sullivan Road and Sprague Avenue as Urban
Principal Arterials. Fourth Avenue, adjacent to Shelley Lake Addition, and Rotchford Drive,
within the Shelley Lake final plats and adjacent to the site, were previously improved to a
Collector Arterial road standard, through the conditions of approval imposed on the Shelley Lake
final plats.
Critical Areas, Shoreline and Floodplain Designations for Site
33. The City Shoreline Master Program and WAC 173-20-660 designate Shelley Lake as a
shoreline of the state, and designates the shoreline area around the lake in the Rural Area. A
100-year floodplain affects a portion of the"Shelley Lake"common open space tract on the site.
34. City Critical Areas maps designate Urban Natural Open Space priority wildlife habitat
along the east side of Shelley Lake; and in a narrow band around the southerly extension of the
lake. Such maps designate Saltese Creek, which flows into Shelley Lake from the southeast, as a
Type 4 stream with a minimum 75-foot wide riparian buffer. Portions of the designated Urban
Natural Open Space priority wildlife habitat, the Type 4 stream and the 75-foot buffer for the
stream are contained on the "Shelley Lake" common open space tract in the preliminary plat.
Summary of Concerns of Neighboring Property Owners
35. Neighboring property owners in the Shelley Lake final plats expressed opposition to the
proposal,primarily based on the preliminary plat having no direct connection to Rotchford Drive
to the west via Lane "A" in the preliminary plat. Such owners expressed concern that the lack of
such connection would cause traffic congestion and safety issues along 9th Lane in Shelley Lake
4th Addition located to the north, requested that the applicant be required to install a gated
connection of Lane "A"to Rotchford Drive prior to the development of any roads or homes in
the proposal, and requested that all future construction traffic in the final plat of the proposal use
such connection.
36. Neighboring property owners also expressed concern that the applicant had not completed
previous phases of the Shelley Lake final plats and associated requirements in a timely or j.
complete manner. This included not completing a recreational trail around the lake as required
and as designed, failure to install landscaping along the shoreline of the lake as required, and
other concerns.
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SEPA Appeal
37. The SEPA appeal submitted by the applicant contended that the City Department of
Community Development erred by not consulting the applicant before issuing a MDNS, issuing a
MDNS for a small proposal like the current preliminary plat, and imposing mitigation for the
intersection of Conklin Road and Sprague Avenue without any supporting traffic analysis.
Approval Criteria
38. To be approved, the preliminary plat must comply with applicable development
regulations; make appropriate provision for the public health, safety and general welfare; make
appropriate provision for open spaces, drainage ways, streets or roads, other public ways,potable
water supplies,transit stops, sanitary wastes,parks and recreation,playgrounds, schools and
school grounds, critical areas, fire/emergency access, sidewalks for children who reach school by
walking, and other relevant facts and planning features; and serve the public use and interest.
See RCW 58.17.110, City Subdivision Ordinance and City Hearing Examiner Ordinance.
39. RCW 36.70B.030 requires that a comprehensive plan and development regulations adopted
by local government under the State Growth Management Act(GMA) serve as the foundation for
project review; and that where standards for development are set forth in local development
regulations, or in the absence of applicable development regulations, are addressed by a
comprehensive plan, such regulations or the comprehensive plan are determinative of the features
of development regulated by such standards of development. This includes, at a minimum, the
type of land use permitted in a development, if the criteria for their approval has been satisfied;
the density of residential development in urban growth areas; and the availability and adequacy
of public facilities identified in a comprehensive plan, if the comprehensive plan or development
regulations provide for funding of such facilities as required by the GMA. Local governments
may not reexamine alternatives to or hear appeals regarding such items during project review,
except for issues of code interpretation.
40. Under Washington case law, where there is a conflict between the policies of a
comprehensive plan adopted by a local government and the zoning code or other development
regulations adopted by the local government,the zoning code and development regulations are
controlling over the policies of a comprehensive plan.
41. 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 criteria established by
statute and local development regulations for consideration of the application.
42. 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 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.
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43. 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.
44. 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.
45. The Phase I Development Regulations limit new residential development on land rezoned
to the UR-7* zone to a maximum density of six (6) dwelling units per acre. 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.
Applicable Policies of Comprehensive Plan
46. 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 of
the Comprehensive Plan recommends that residential densities in the Low Density Residential
category of the Comprehensive Plan range from 1-6 dwelling units per acre. The proposal
implements such policies.
47. 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 relatively low density(net) of the preliminary plat, at 1.33 dwelling units per acre,
is justified considering the large percentage (54%) of common open space in the preliminary plat.
48. Policy UL.5.4 of the Comprehensive Plan encourages the preservation of healthy, attractive
native vegetation, where appropriate, during land development; or the use of appropriate native
plant materials in site landscaping. Policy UL.2.12 recommends that the site characteristics of
residential development, including existing trees, be enhanced and preserved through sensitive
site planning tools. Policy UL.2.15 encourages the planting of street trees in residential
subdivisions.
49. Policy 11.3.2 of the Comprehensive Plan recommends that the County ensure that the
design of infill development preserves the character of the neighborhood.
50. Policies CF.6.3 and CF.7.2 of the Comprehensive Plan recommend that the County prohibit
the extension of water or sewer service to new development that will degrade the level of service
below minimum level of service standards.
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51. Policy UL.7.10 of the Comprehensive Plan states that the phasing of land development
shall be consistent with the established levels of service for the provision of public facilities and
services within the UGA. Policy UL.7.12 of the Comprehensive Plan states that new
development within the UGA shall connect to public sewer.
52. Chapter 10 of the Comprehensive Plan contains numerous policies protective of designated
critical areas, which policies are specifically implemented through the County Critical Areas.
53. 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.
54. The Comprehensive Plan encourages new developments to be arranged in a pattern of
connecting streets and blocks, to allow people to get around easily by foot, bicycle, bus or car.
The Plan recognizes that cul-de-sacs or other closed street systems may be appropriate under
certain circumstances, including, but not limited to, topography and other physical limitations
which make connecting systems impractical. See Policy UL.2.20.
55. 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.
56. 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.
57. 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.
Sewer and Water Concurrency
58. County Utilities certified the availability of public sewer to the site,through developer
extension, and Vera Water and Power Company certified the availability of public water to the
proposal. The proposal complies with the public sewer and water concurrency provisions of the
City Phase I Development Regulations.
Transportation Concurrency
59. 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,
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considering traffic generators in designing a street system in a proposed development, and
considering bordering arterial routes.
60. 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.
61. At the public hearing, the applicant indicated that a settlement had been reached with the
City of Spokane Valley regarding traffic mitigation at the intersection of Sprague Avenue and
Conklin Road, which is presently operating at a failing Level of Service (LOS F). The settlement
would replace the Spokane Valley Public Works Department conditions #14-17 for the
preliminary plat stated on page 15 of the Staff Report, and mitigating measure#3 in the MDNS
issued for the preliminary plat.
62. The settlement would require the applicant to enter into a developer agreement with the
City, whereby the applicant would contribute 40% of the cost to construct a traffic signal at the
intersection of Sprague Avenue and Conklin Road, less an offset of$1,000 for conduit
previously installed by the applicant. Such sum must be paid prior to finalization of the current
preliminary plat, the issuance of building permit for the portion of the original Shelley Lake
preliminary plat planned for multi-family development, or the issuance of building permits for
the applicant's land rezoned for commercial purposes in File Nos. ZE-29-96 and ZE-68-96;
whichever event comes first. The applicant would be required to post a performance bond at
such the time as warrants are met for the traffic signal.
63. The developer agreement would be considered to satisfy all conditions of approval relating
to signalization of the intersection of Sprague Avenue and Conklin Road; for the Shelley Lake
final plats, and the multi-family and zone reclassification properties owned by the applicant and
referenced above.
64. The City of Spokane Valley's response to the applicant's appeal of the MNDS, as stated on
pages 4-5 of the Staff Report,provides sufficient traffic engineering support to require the
preliminary plat to participate in the cost of installing a traffic signal at the intersection of
Sprague Avenue and Conklin Road.
65. Neighboring property owners in the platted portions of the Shelley Lake development
indicated that the map of the Shelley Lake development included with the covenants and
restrictions in the purchase of their homes illustrates a direct connection to Rotchford Drive from
a private road system constructed on the site. Such map has the same design of lots and roads as
the 1994 preliminary plat map of record in File No. PE-1750-94/PUDE-4-94/ZE-34-94. See
Exhibit#19.
66. The 1994 preliminary plat map in File No. PE-1750-94/PUDE-4-94/ZE-34-94 illustrated a
total of four (4) connections to the east side of Rotchford Drive, including the connection shown
for the site on the 1994 preliminary plat; and a total of three (3) connections along the west side
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of Rotchford Drive, including Fourth Avenue; from the private road systems planned in the 1994
preliminary plat.
67. The Shelley Lake final plats realigned Rotchford Drive adjacent to the site and the Shelley
Lake final plats, from its configuration illustrated on the 1994 preliminary plat map; eliminated
one (1) of the east connections proposed to Rotchford Drive, located north of the intersection of
Galway Lane and Rotchford Drive; eliminated one (1) of the west connections proposed to
Rotchford Drive; and modified the location of the remaining east and west connections to
Rotchford Drive, located north of the Galway Lane access. The applicant's traffic consultant,
Todd Whipple, stated at the public hearing that the two eliminated connections resulted from
right of way negotiations with Central Valley School District and the realignment of Rotchford
Drive.
68. Shelley Lake 4th Addition modified the private road system illustrated on the 1994
preliminary plat map by extending stub roads for Carnine Lane and Shelley Lake Lane between
9th Lane in Shelley Lake 4th Addition and the site. The private road system in Shelley Lake 4th
Addition provides a direct connection to Rotchford Drive, via 9th Avenue and Galway Lane.
69. Todd Whipple indicated at the public hearing that the 1994 preliminary plat map was
modified administratively, in File No. PE-1750-94/PUDE-4-94/ZE-34-94,to remove a direct
connection to Rotchford Drive from the portion of the preliminary plat located on the site.
However, the documents in the record do not support this contention.
70. City Engineering recommended installation of a third(east) connection to Rotchford Drive
as a condition of preliminary plat approval, due to public concerns and the size of the preliminary
plat. County Fire District conditions, which include specifications for the turnaround at the west
end of Lane "A"in the current preliminary plat, would need to be modified somewhat if
connection of Lane "A"to Rotchford Drive is required. See condition#45 on page 17 of Staff
Report.
71. A review of the final plats for Shelley Lake indicates that approximately 200 residences,
including the future homes built on the 59 lots proposed in the current project, would rely on the
two (2) existing connections to the east side of Rotchford Drive to access the public road system
in the area; if a 3rd connection was not required for the current preliminary plat. Such access
would take place on private roads with a reduced paved width, compared to a public local access
road.
72. On February 15, 2005, Spokane County Fire District 1 notified the applicant regarding the
failure to restrict on-site parking along the private roads in the Shelley Lake final plats, in
contravention of Zoning Code 14.704.380.
73. Neighboring property owners produced credible evidence that traffic conditions along 9th
Lane, which leads to the Galway Lane connection to Rotchford Road north of the site, are already
congested; considering the more narrow width of private roads, residents parking illegally along
9th Avenue and other private roads in the Shelley Lake final plats, and congestion created by the
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location of the intersection of 9th Lane and Galway Lane so close to the intersection of Galway
Lane and Rotchford Drive.
74. A sufficient basis exists in the record to require the applicant to install the 3rd connection to
the east side of Rotchford Drive through the preliminary plat.
75. At the public hearing,the applicant agreed to install a gated 3rd connection to the east side
of Rotchford Drive through the current preliminary plat,prior to final plat approval. The
applicant indicated that this might result in the loss of two lots in the preliminary plat, in order to
meet sight distance requirements. See testimony of Margaret Arpin. The applicant's consulting
engineer, John Saywers, recommended at the hearing that such access be used as the construction
access for the final plat of the current project
76. John Carroll, who resides along Rotchford Drive in the vicinity, expressed opposition to the
3rd connection to the east side of Rotchford Drive, based on sight distance concerns and the
applicant's alleged failure to fulfill conditions of approval for the Shelley Lake final plats.
However, the applicant's engineer, Todd Whipple, indicated that sight distance issues for the 3rd
connection could be resolved.
Critical Areas, Shoreline and Floodplain issues
77. The 1995 decision approving the original preliminary plat of Shelley Lake, and the five (5)
time extension decisions for such preliminary plat, all required that landscaping in the
preliminary plat include a wildlife habitat enhancement plan for the shoreline, riparian and
wetland areas located in the common open space illustrated around the lake in the 1994
preliminary plat map; as described on pages 44-45 of the Draft Environmental Impact Statement
(DEIS) issued for the preliminary plat.
78. The Washington State Department of Wildlife submitted written comments on November
8, 2005; expressing concern that the wildlife habitat enhancement plan described above had not
been implemented, all native vegetation had been replaced with turf grass from the bank down to
the ordinary high water mark of the lake in the platted portions of the original preliminary plat,
and Saltese Creek should be designated on the current preliminary plat map as a DNR Type 3
stream instead of a DNR Type 4 stream with a 75-foot wide buffer.
79. WDFW recommended that a habitat management plan be prepared for the project under the
City Critical Areas Ordinance; which plan would include mitigation measures for the shoreline,
riparian habitat and wetland areas on the site; and also recommended that the applicant address
the wildlife habitat enhancement plan described in the DEIS issued for the preliminary plat
approved in 1995.
80. Conditions of approval #48 and#49 for the current preliminary plat, stated on page 17 of
the Staff Report, require the submittal of a habitat management plan for review by the City
Department of Community Development prior to final plat approval; to include measures for any
of the shoreline, riparian habitat and wetland areas within the preliminary plat area.
HE Findings, Conclusions and Decision REZ-09-05/SUB-08-05/APP-05-05 Page 12
81. The MDNS issued for the current preliminary plat requires that those portions of Shelley
Lake and Saltese Creek located on the site be delineated and staked; and that all vegetation
located within the shoreline and riparian buffer areas located around Shelley Lake and Saltese
Creek on the site be maintained and left undisturbed.
82. The 1994 preliminary plat map/PUD site plan included all of Shelley Lake and some
adjacent land located east of the lake; illustrated a soft,pedestrian trail and recreational easement
within common open space located around the entire perimeter of the lake, for the use of the
residents in the entire development; and illustrated a future beach,picnic and dock area along the
shore in the northeast corner of the lake.
83. The current preliminary plat does not include the easterly fringe of the lake, at a varying
width of 0-300 feet, and does not include any land lying east of the lake. The remainder of the
lake, and adjacent land lying directly east of the lake, are part of a 20-acre parcel of land
improved with a single-family residence. Such parcel was appears to have been conveyed by the
Shelley Lake Homeowners Association to Charles and Margaret Britt by warranty deed in 2000.
See parcel information in project file for parcel no. 45245.9141.
84. Since the applicant and current site owner, Robert Heitman, Jr., does not own or control the
20-acre parcel referenced above, the applicant would not appear to be able to construct the
portion of the pedestrian path illustrated on the 1994 preliminary plat on the east side of the lake,
off the current site; or implement the wildlife enhancement plan described in the DEIS for the
original preliminary plat on any portion of the shoreline,riparian habitat or wetlands for the lake
located on such parcel. The applicant indicated that he was willing to continue the pathway
around the lake on the site, as long as it complied with the City Critical Areas Ordinance.
85. The current preliminary plat illustrates a 250-foot wide "shoreline buffer". The letter dated
November 8, 2005 from the WDFW states that the City of Spokane Valley Critical Areas
Ordinance requires that a"250-foot buffer"be maintained on the lake. These references are
incorrect. The shoreline jurisdiction of the City is limited by the City's Shoreline Master
Program and chapter 90.58 RCW(State Shorelines Management Act), to a distance of 200 feet
from the ordinary high water mark.
86. The only uplands portion of the site located within the 200-foot shoreline jurisdiction
around the lake is the portion of the "Shelley Lake" common open space tract lying within a
meandering distance of 200 feet south of the south end of the lake. The City Shoreline Master
Program contains policies and use regulations for water bodies and adjacent uplands located
within the 200-foot shoreline jurisdiction. The preliminary plat should be required to comply
with such regulations.
87. Paragraph 11.20.060.C.2.e of the City Critical Areas Ordinance requires that riparian buffer
areas be established from the ordinary high water mark for water bodies classified under the
water typing system in WAC 222-16-030. Such paragraph requires the establishment of a 250-
feet wide riparian buffer from the ordinary high water mark of a"Type 1, Shorelines of Statewide
HE Findings, Conclusions and Decision REZ-09-05/SUB-08-05/APP-05-05 Page 13
Significance"water type. Both the City Shoreline Master Program and WAC 173-20-660
designate Shelley Lake as a"shoreline of the state", not a"shoreline of statewide significance".
88. The City adopted the County's Critical Areas Ordinance by reference when the City was
incorporated in 2003. In 2001, WAC 222-16-030 was amended to require that the interim water
typing system stated in WAC 222-16-031 be used to type waters of the state. However,the
County did not amend its critical areas ordinance to adopt the interim typing system contained in
WAC 222-16-031. Accordingly,paragraph 11.20.060.C.2.e of the City Critical Areas Ordinance
is still based on the typing system stated in former WAC 222-16-030.
89. Paragraph 11.20.060.C.2.e of the City Critical Areas Ordinance conflicts with former WAC
222-16-030, because it defines "Type 1"waters as "shorelines of statewide significance", while
former WAC 222-16-03 defines "Type 1"waters as "shorelines of the state." Accordingly, it is
unclear whether a 200-foot wide riparian buffer or a 250-foot wide riparian buffer applies around
Shelley Lake under the City Critical Areas Ordinance. This discrepancy would need to be
resolved by the City Planning Division prior to final plat approval.
90. The designation of Urban Natural Open Space Priority Wildlife Habitat on the site provides
a basis for requiring the applicant to prepare a habitat management plan for the preliminary plat
under the City Critical Areas Ordinance. Such habitat management plan should take into
consideration the wildlife habitat enhancement plan described in the DEIS issued for the
preliminary plat approved in 1995.
91. The City Community Development conditions of approval require the applicant to obtain a
floodplain development permit for any work conducted in the 100-year floodplain on the site.
Drainage provisions
92. City Engineering conditions require the applicant to submit final drainage and road plans in
compliance with City Road Standards and the City Guidelines for Stormwater Management.
Some of the common open space tracts in the preliminary plat will be used to help manage
stormwater drainage. Testimony submitted by the applicant's consulting engineer at the public
hearing indicates that appropriate provision has been made for stormwater management in the
preliminary plat.
Schools,Parks and Recreation
93. The City Phase I Development Regulations do not require direct concurrency for schools,
parks,police or fire protection. Central Valley School District was contacted regarding the
project, but did not express any concerns.
General Consistency with Approval Criteria
94. The UR-7 zone requires new development in the UR-7 zone to install a 6-foot high, sight-
obscuring fence, solid landscaping or concrete,masonry or decorative block wall along the
HE Findings, Conclusions and Decision REZ-09-05/SUB-08-05/APP-05-05 Page 14
border of the property with any UR-3.5 zoned property. Such requirement is imposed by City
Planning condition#14 stated on page 14 of the Staff Report.
95. The site is located along Rotchford Drive, which has been developed to a Collector Arterial
standard. The majority of the site is already zoned UR-7*. The site is located in a developed
area with urban residential housing, and will be served with a high level of public services and
facilities. The UR-7* zone is an implementing zone for the Low Density Residential category of
the Comprehensive Plan, in which the site is designated. A rezone to the UR-7* zone is
appropriate for the portion of the site currently zoned UR-3.5.
96. The Examiner does not have the authority to address the past deficiencies of the applicant
regarding the previously platted portions of the Shelley Lake development, except as they affect
the current preliminary plat.
97. The Examiner concurs with the analysis in the Staff Report finding the preliminary plat and
rezone, as conditioned, to be consistent with the Comprehensive Plan and applicable
development regulations.
98. 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.
99. As conditioned,the proposal will not have more than a moderate effect on the quality of the
environment; will be reasonably compatible with neighboring land uses; and will not adversely
impact the public health, safety and general welfare.
100. The proposal has been conditioned for compliance with the UR-7* zone,the City Zoning
Code, the City 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.
101. Under Washington case law, it is not necessary that a proposed rezone be supported by a
substantial change in circumstances in the area since the site was last zoned, if the proposed
rezone is consistent with a local comprehensive land use plan. Significant changes have,
nevertheless, 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 City
Comprehensive Plan and City Phase I Development Regulations, road improvements to
Rotchford Drive, inclusion of the site in the UGA and City of Spokane Valley, and
reclassification of the zoning of a portion of the site to the UR-7* zone.
HE Findings, Conclusions and Decision REZ-09-05/SUB-08-05/APP-05-05 Page 15
102. The Examiner has made some modifications to the conditions of approval submitted for the
proposal, in accordance with the above analysis.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed preliminary plat and zone reclassification to the UR-7* zone, as conditioned,
generally conform to the Comprehensive Plan.
2. The preliminary plat and dedication will serve the public use and interest; and make
appropriate provision for the public health, safety and general welfare.
3. The preliminary plat and dedication make appropriate provision for open spaces, roads,
drainage ways, schools and school grounds,playgrounds,parks and recreation, sidewalks for
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 Section 14.402.020 of the City
Zoning Code, and Chapter 10.35 of the City Municipal Code.
HE Findings, Conclusions and Decision REZ-09-05/SUB-08-05/APP-05-05 Page 16
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject applications for a
preliminary plat and zone reclassification are hereby approved, subject to the conditions of the
various agencies specified below. The mitigating measures stated in the Mitigated Determination
of Nonsignificance nificance
g (MDNS) are hereby modified and replaced in accordance with conditions of
approval stated below.
Any conditions of approval for the public agencies stated below that have been added or
significantly altered by the Examiner are italicized.
This approval does not waive the applicant's obligation to comply with all other
requirements of other public agencies with jurisdiction over land development.
CONDITIONS OF APPROVAL
A. General
The following are general conditions of approval that apply to the preliminary plat and zone
reclassification in File No. REZ-09-05/SUB-08-05 (Shelley Lake 5th Addition):
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. 45245.9154.
2. The approved preliminary plat shall have a maximum of fifty-nine (59) residential lots, and
shall be designed in substantial conformance to the preliminary plat map of record submitted on
September 21, 2005; unless a preliminary plat modification is approved pursuant to Section
12.100.120 (Modifications) of the Spokane Valley Interim Subdivision Ordinance ("Subdivision
Ordinance").
3. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance, the
preliminary plat approval for File No. SUB-08-05 shall automatically expire on December 29,
2010; unless an application for an Extension of Time and supporting data is submitted to the
Director at least 30 calendar days prior to such expiration date, and approved in accordance with
Section 12.100.118 of the Subdivision Ordinance.
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 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
HE Findings, Conclusions and Decision REZ-09-05/SUB-08-05/APP-05-05 Page 17
each separate lot or parcel of land in violation of any provision of this ordinance shall be deemed
a separate and distinct offense.
5. 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").
6. 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.
7. The final plat map shall delineate and stake the ordinary high water mark, and shall
delineate the 200 foot shoreline boundary on the site.
8. The City Planning Division shall determine whether a 200 foot wide riparian buffer or a
250 foot riparian buffer applies to Shelley Lake under the City Critical Areas Ordinance, since
the City Shoreline Master Program and WAC 173-20-660 designate Shelley Lake as a "shoreline
of the state" and not as a "shoreline of statewide significance".
9. The final plat map shall delineate and stake the applicable riparian buffer boundary for
Shelley Lake and Saltese Creek on the site.
10. The final plat shall comply with the City Critical Areas Ordinance and the City Shoreline
Master Program.
B. Prior to final 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 Spokane Valley Interim 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
following proposed property lines:
a. North property lines of Lots 1-6 of Block 1; Lots 1-9 of Block 2; Lot 44 of Block 3;
b. The portion of Tract B abutting UR-3.5 to the west and the whole eastern property
line of Tract B;
c. East portion abutting UR-3.5 of Lot 38 of Block 3;
d. East property line of Lot 37-38 of Block 3;
e. South property line of Lots 1-4, 12, 13, 23, 24, 29, 30, 35 and 36 of Block 3
f. West property line of Lot 5-12 of Block 3; Lot 1 of Block 3 and Lot 1 of Block 1
HE Findings, Conclusions and Decision REZ-09-05/SUB-08-05/APP-05-05 Page 18
Further, the applicant shall submit a written agreement requiring the applicant or successors in
interest to continuously maintain in good condition the six (6)-foot high screening. The
agreement shall also require the applicant at the time of sale of any and all of the parcels created
through the final plat to notify in writing all buyers of the requirement to maintain the six (6)-foot
high screening along the portion of the property under their direct control.
2. Pursuant to Section 12.400.134 (Professional Land Surveyor) of the Subdivision
Ordinance, a final plat shall be submitted; and shall be made by or under the supervision of a
professional land surveyor, who shall certify on the final plat that it is a true and correct
representation of the lands actually surveyed. All surveys shall comply with the Survey
Recording Act(chapter 58.09 RCW), Survey and Land Descriptions (WAC Chapter 332-130),
and the City of Spokane Valley's Interim Standards for Road and Sewer Construction, as
amended.
3. The submitted final plat shall comply with all submittal requirements specified in Chapter
12.400 of the Subdivision Ordinance.
4. Pursuant to Section 12.400.144 (Filing) of the Subdivision Ordinance, the City of
Spokane Valley shall record 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 zoning district or successor zoning designation in effect at the time of building permit
application."
6. Only the portion of Shelley Lake located on Parcel No. 45245.9154 shall be shown on the
final plat map. Such active parcel takes the place of Parcel No. 45245.9152 (Inactive Parent
Parcel).
7. Any construction and/or development conducted within a special flood hazard area shall
apply for a development permit pursuant to the City Floodplain Ordinance No. 04-004.
8. The applicant shall install the portion of the soft pedestrian trail on the site illustrated on
the 1994 preliminary plat map of record in File No. PE-1750-94/PUDE-4-94/ZE-34-94;
provided such trail is consistent with the City Critical Areas Ordinance, the City Shoreline
Master Program, and the habitat management plan approved for the site. The natural
vegetation within the riparian and shoreline areas on the site shall be maintained and not
otherwise disturbed.
9. A Habitat Management Plan shall be prepared by the applicant for the site, and submitted
HE Findings, Conclusions and Decision REZ-09-05/SUB-08-05/APP-05-05 Page 19
for review and approval by the City Planning Division under the City Critical Areas Ordinance.
Such ordinance requires the Planning Division to consult with the Washington State Department
of Fish and Wildlife before approving such plan. The Habitat Management Plan shall consider
the mitigating measures for the shoreline, riparian and wetland areas on the site discussed in the
Draft Environmental Impact Statement(DEIS) adopted in File No. PE-1 750-94/PUDE-4-94/ZE-
34-94.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—BUILDING
DIVISION:
10. If any grading is conducted on the site, engineered grading permits shall be required per
Chapter 10.15, Article II, and subsection 10.15.120 (Residential Subdivision Grading) of the City
of Spokane Valley Municipal Code (SVMC)
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT
ENGINEERING DIVISION:
11. 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
Stormwater Ordinance 05-013, and all other applicable standards adopted by the City.
12. Prior to Final Plat,the applicant shall complete and obtain acceptance on all street and
drainage construction phases of Shelley Lake PUD that will be accessed or be dependant on by
the final plat of Shelley Lake 5th Addition. This includes an appropriate warranty surety for each
phase.
13. All internal streets shall follow the 2001 Spokane County Road and Sewer Standards for
design, as adopted by the City.
14. The approvals for certain rezones and developments on properties owned by the applicant,
Robert Heitman, Jr., were conditioned on the installation of a traffic signal at the intersection of
Sprague Avenue and Conklin Road at the time traffic warrants are met. The applicant shall
contribute 40% of the cost to construct such signal, minus a$1,000 offset for conduit previously
installed for the signal by the applicant. Such contribution shall be deemed to satisfy the
conditions of approval for the Shelley Lake Development, including the Shelley Lake final plats,
the current preliminary plat and multi family uses planned in such development; as well as
commercial uses on the properties rezoned in File Nos. ZE-29-96 and ZE-68-96.
15. The applicant and the City of Spokane Valley have agreed to the details of the contribution
by the applicant and transportation concurrency for the projects described above; and have
agreed to execute a developer agreement that specifies payment of the applicant's 40%
contribution prior to finalization of the current preliminary plat, the issuance of a building
permit for the multi family property, or the issuance of a building permit for the zone change
HE Findings, Conclusions and Decision REZ-09-05/SUB-08-05/APP-05-05 Page 20
properties, whichever event comes first. The developer's agreement shall provide for the posting
of a performance bond at such time as warrants are met.
16. Prior to final plat approval, the applicant shall construct a direct connection from the site
to Rotchford Drive for the road system in the final plat, which all lots in the final plat can access.
Such access shall be used for all construction traffic, to the maximum extent possible.
17. Prior to final plat approval, the applicant or successors in interest shall submit written
evidence of the formation of a Homeowners Association(HOA)to perpetually operate and
maintain the on-site private facilities, including but not limited to those located on common open
space tracts, and any other improvements that may be legally required in the future.
18. Final plat language will be determined by the Public Works Department at the time of final
plat application to the City of Spokane Valley.
VERA WATER AND POWER:
19. A formal water plan and utility easements for service shall be submitted and approved prior
to construction.
SPOKANE COUNTY DIVISION OF UTILITES:
20. 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."
21. The applicant shall submit expressly to Spokane County Division of Utilities, under separate
cover, only those plan sheets showing sewer plans and specifications for the public sewer
connections and facilities for review and approval. Commercial developments shall submit
historical and or estimated water usage as part of the sewer plan submittal.
22. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the project.
23. 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.
24. Security will be submitted to the Division of Utilities prior to approval of the Sewer Design
Plans.
25. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
HE Findings, Conclusions and Decision REZ-09-05/SUB-08-05/APP-05-05 Page 21
SPOKANE REGIONAL HEALTH DISTRICT:
26. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
27. 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.
28. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
29. Water service shall be coordinated through the Director of Utilities, Spokane County.
30. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
31. 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.
32. 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.
33. 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.
34. A public sewer system shall be made available for the plat and individual service shall be
provided to each lot prior to sale. The use of individual on-site sewage disposal systems shall not
be authorized.
35. 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."
HE Findings, Conclusions and Decision REZ-09-05/SUB-08-05/APP-05-05 Page 22
36. The final plat dedication shall state: "Use of private wells and water systems is prohibited."
37. The final plat dedication shall state: "The public water system,pursuant to the Water Plan
approved by county and state health authorities,the local fire protection district, the City of
Spokane Valley Building Division and water purveyor, shall be installed within this subdivision
and the applicant shall provide for individual domestic water service as well as fire protection to
each lot prior to sale of each lot and prior to issuance of a building permit for each lot."
SPOKANE COUNTY FIRE DISTRICT NO. 1:
38. If gates are proposed, a"to-scale" drawing shall be submitted for review of final plat
application.
39. Road names shall be consistent with established roads already in place;
a. Lane A shall be changed to 11th
b. Lane B shall be changed to Sunnyvale
40. A detailed water plan is required showing hydrant location.
41. The installation of new fire hydrants shall be required at the east corner of Block 3, the east
corner of Lot 19, and the west corner of Lot 32.
42. Provide an apparatus turnaround on the private driveway serving Lots 30-32.
43. Fire apparatus access roads 20-26 feet wide shall be posted on both sides as "Fire Lane No
Parking."
44. Addresses shall be posted during construction
AVISTA UTILITIES:
45. A ten(10) foot wide utility easement strip adjacent to all boundary lines for public and
private roads. Street lights shall be prohibited within this easement strip unless installed by the
servicing utility.
46. Submit a final plat specifying the following note on the face of the final plat: "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."
HE Findings, Conclusions and Decision REZ-09-05/SUB-08-05/APP-05-05 Page 23
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 shall follow 1998 Spokane County Guidelines for Stormwater
Management, as adopted by the City. The TESC structures (such as silt ponds, silt traps) shall be
installed prior to the start of site work, and the TESC measures shall be implemented and
maintained throughout the duration of construction and until the site has stabilized.
2. The permittee is responsible for arranging for all necessary utility adjustments, relocations,
or improvements as required for completion of the project. The developer needs to contact the
purveyors of each affected utility regarding private service, utility improvement, and any
relocation and adjustment costs. All rigid objects located in the clear zone shall be relocated
outside of the clear zone. The clear zone distances shall follow the 2001 Spokane County Road
and Sewer Standards, 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
and that all disturbed monuments have been replaced. All work is subject to inspection by the
City Engineer or by his staff.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
5. Dust emissions during demolition, construction, and excavation projects shall be
controlled. Appropriate measures shall include but are not limited to the use of water sprays,
tarps, sprinklers or suspension of activity during certain weather conditions.
6. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto
paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken
immediately to clean these surfaces.
7. Debris generated as a result of this project shall be disposed of by means other than
burning.
8. If objectionable odors result from this project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
HE Findings, Conclusions and Decision REZ-09-05/SUB-08-05/APP-05-05 Page 24
9. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
10. A Notice of Construction and Application for Approval shall be submitted and approved by
SCAPCA prior to the construction, installation, or establishment of an air pollution source. This
includes emergency generators rated at 500 hp (375 kW) or higher, natural gas heating equipment
units rated at 4 MMBTU/hr or higher(input), and heating equipment units fired with other fuels
(e.g. diesel)rated at 1 MMBTU/hr(input) or higher. Contact SCAPCA for a Notice of
Application.
11. A Notice of Intent shall be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application.
SPOKANE COUNTY FIRE DISTRICT NO. 1:
12. All street signs are required to be installed prior to issuance of building permits.
QWEST:
13. 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 29th day of December, 2005
CITY HEARING EXAMINER PRO TEM
4
Mic .el C. Dempsey, WSB•�F'
HE Findings, Conclusions and Decision REZ-09-05/SUB-08-05/APP-05-05 Page 25
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 10.35 of the Spokane Valley City Municipal Code, the decision of the
Hearing Examiner on a combined application for a zone reclassification and preliminary plat is
final and conclusive unless within fourteen(14) calendar days from the Examiner's written
decision, a party of record aggrieved by such decision files an appeal with the City Council of the
City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane Valley, Washington.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on December 29, 2005. THE APPEAL CLOSING DATE IS JANUARY 12,
2006.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-7490. The file may be
inspected during normal working hours, listed as Monday- Friday of each week, except holidays,
between the hours of 8:30 a.m. and 5:00 p.m. After the appeal period,the file may be inspected
at the City of Spokane Valley Department of Community Development, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, Washington. Copies of the documents in
the record will be made available at the cost set by City of Spokane Valley Ordinance.
Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision REZ-09-05/SUB-08-05/APP-05-05 Page 26