REZ-20-04 SUB-14-04 CITY OF SPOKANE VALLEY BEARING EXAMINER
RE: Applications for a Zone Reclassification )
from the UR-7 Zone to the UR-12 Zone, ) FINDINGS OF FACT,
and for a Preliminary Plat; ) CONCLUSIONS OF LAW,
Applicant: TJ Landco LLC ) AND DECISION
File No. REZ-20-04/SUB-14-04 )
I. SUMMARY OF DECISION
Hearing Matter: Applications for a zone reclassification and a preliminary plat.
Summary of Decision: Approval of applications, subject to conditions of approval. The
preliminary plat will expire on July 20, 2010, unless a request for extension of time is submitted at
least 30 days prior to the expiration date.
H. FINDINGS OF FACT
1. The applications seek approval of a zone reclassification from the Urban Residential-7 (UR-
7) zone to the Urban Residential-12 (UR-12) zone, and of the preliminary plat of Morning Crest,
to subdivide a 2.33-acre site into 18 lots for divided duplexes.
2. The site is located at the southeast corner of McDonald Road and a vacated railroad right of
way dedicated to Spokane County; in the NE 1/4 of Section 22, Township 25 North, Range 44
East, Willamette Meridian, in Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45221.9030, and is
addressed at 209 South McDonald Road, Spokane Valley. The property is legally described on
the preliminary plat map of record.
4. The applicant for the proposal and the site owner is TJ Landco LLC., do Tod Lasley, 107
E. Magnesium Road, Spokane, Washington 99208.
5. On May 20, 2005, the Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the application. The MDNS was not appealed.
6. On June 16, 2005, the Hearing Examiner held a public hearing on the application. The
notice requirements for the public hearing were met. The Examiner conducted a site visit on June
14, 2005.
7. The following persons testified at the public hearing:
HE Findings, Conclusions and Decision REZ-20-04/SUB-14-04 Page 1
Karen Kendall Sandra Raskell
Department of Community Development Assistant Development Engineer
City of Spokane Valley City of Spokane Valley
11707 E. Sprague Avenue, Suite 106 11707 E Sprague Ave Ste 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206-6124
Meg Arpin David J. Olesak
1117 E. 35th Avenue 221 S. McDonald Road
Spokane, WA 99203-3167 Spokane Valley, WA 99216
8. The public hearing was held in accordance with chapter 10.35 of the Spokane Valley
Municipal Code, and the Hearing Examiner Rules of Procedure incorporated by reference therein.
9. The Hearing Examiner takes notice of the City Comprehensive Plan, Zoning Code,
Subdivision Ordinance, 2001 Standards for Road and Sewer Construction, Stormwater
Ordinance, Guidelines for Stormwater Management, Critical Areas Ordinance and Municipal
Code; City official zoning maps; other applicable development regulations; and prior land use
decisions in the vicinity.
10. The record includes the documents in the project file at the time of the public hearing, the
documents and testimony submitted at the public hearing, and the items taken notice of by the
Hearing Examiner.
11. The site is approximately 2.33 acres in size and relatively flat in topography. A single-family
home located on the site has been recently demolished. The site is vegetated with evergreen trees
and grasses.
12. On October 18, 2004, the applicant submitted complete applications for a zone
reclassification and a preliminary plat for the site. On April 12, 2005, the applicant submitted a
revised preliminary plat map, which is considered the preliminary plat map of record. .
13. The preliminary plat map lists the size of Lot 12, Block 1 as 6,860 square feet; and the size
of Lot 6, Block 2 as 5,490 square feet. However, each lot contains a temporary hammerhead
turnaround of approximately 950 feet, which areas should be excluded from the lot boundaries
until the temporary hammerheads are removed. As revised, Lot 12, Block 1 would have an area
of approximately 5,910 square feet, and Lot 6, Block 2 would have an area of approximately
4,540 square feet.
14. If the temporary hammerheads are considered part of proposed 3rd Avenue in the
preliminary plat, the area reserved for public roads would be increased from 16,730 square feet to
18,630 square feet.
15. The preliminary plat map illustrates division of the site into 18 divided duplex lots, which
lots range in size from 3,800 square feet to 6,770 square feet in size, with an average lot size of
approximately 4,600 square feet; correcting the areas for Lot 12, Block 1 and Lot 6, Block 2 as
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discussed above. As corrected, the duplex lot pairs range in size from 11,140 square feet to 7,680
square feet in size, with an average duplex lot pair size of approximately 9,200 square feet
16. The preliminary plat incorrectly identifies Lots 1-6, Block 2 of the preliminary plat as Lots
13-18, Block 1, in delineating the lots in the preliminary plat paired for duplex division.
17. The density(net) of the preliminary plat is approximately 9.5 dwelling units per acre,
determined by dividing the number of proposed lots (18) by the difference between the gross
acreage of the site (2.33 acres) and the area of the preliminary plat reserved for public roads (.43
acres). See Zoning Code 14.300.100, definition of"density".
18. The preliminary plat map illustrates curb and sidewalk, and a drainage easement, along both
sides of the preliminary plat; and existing curb and sidewalk along McDonald Road.
19. On January 1, 1991, the zoning of the site was reclassified from its zoning under the expired
County Zoning Ordinance to the Urban Residential-3.5 (UR-3.5) zone, pursuant to the Program
to Implement the County Zoning Code, a county-wide rezoning effort.
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
State Growth Management Act (GMA). See County Resolution Nos. 2-0037 and 2-0470. The
County Phase I Development Regulations designated the site and neighboring land in the UGA.
21. The County Comprehensive Plan designated the site, the land lying east and west of the site,
and the land lying south of the site and north of Fourth Avenue, in the Medium Density
Residential category; and designated the land lying south of Fourth Avenue in the vicinity in the
Low Density Residential category. The County Comprehensive Plan designated the land lying
north of the site, and the land in the vicinity lying north of the south line of the abandoned railroad
right of way dedicated to the County, which extends from east to west through the area, in the
Regional Commercial category.
22. The County Phase I Development Regulations reclassified the UR-3.5 zoning of the site,
and other land in the vicinity zoned UR-3.5 and designated in the Medium Density Residential
category of the County Comprehensive Plan, to the UR-7 zone; and retained the UR-7 zoning and
Urban Residential-22 (UR-22) zoning of other properties in the vicinity designated in the Medium
Density Residential category of the County Comprehensive Plan
23. The County Phase I Development Regulations retained the Regional Business (B-3) zoning
of the land in the vicinity lying north of the abandoned railroad right of way conveyed to the
County; retained the Light Industrial(I-2) zoning of certain land in the vicinity located along the
north side of the abandoned railroad right of way lying west of McDonald Road; and retained the
UR-3.5 zoning of the property lying south of Fourth Avenue in the vicinity.
24. On March 31, 2003, the City of Spokane Valley was incorporated, which included the site
and the other land in the area. The City adopted by reference the County Comprehensive Plan,
HE Findings, Conclusions and Decision REZ-20-04/SUB-14-04 Page 3
Zoning Code, Phase I Development Regulations, and other development regulations;with certain
revisions. The City retained the zoning and comprehensive plan designations for the site and
other land in the vicinity by the County; except for reclassifying the I-2 zoning of those properties
in the vicinity lying along the north side of the abandoned railroad right of way that extends
through the area, west of McDonald Road, to the B-3 zone.
25. On November 23, 2004, the Hearing Examiner approved a rezone of.95 acres of land lying
along the east side of McDonald Road, lying approximately 87 feet south of the west half of the
site, and abutting the east half of the site on the south, from the UR-7 zone to the UR-12 zone.
See decision in File No.REZ-14-04. Such property was short platted into four (4) parcels in
2004, with the intent to build triplex multi-family dwellings on each lot under the UR-12 zone.
26. The short plat referenced above illustrates a 20-foot wide easement for a private drive and
utility easement directly inside its north border, with easements for hammerhead turnaround
easements located on the three most easterly lots. See Short Plat No. SP-1306-02, and decision
in File No. REZ-14-04. The most westerly lot in the short plat is improved with a residence and
detached garage. Public sewer was recently extended to each lot in the short plat.
27. The abandoned railroad right of way dedicated to the County lying north of the site, which
continues at various widths to the east and west, contains a County sewer interceptor and is being
considered for extension of a 1-way couplet with Sprague Avenue through the area. The couplet
has so far been extended east from Interstate 90 to University Road, located 1.5 miles west of the
site.
28. The lot lying directly south of the west half of the site is zoned UR-7 and developed with a
single-family residence. The other land in the vicinity lying west and east of the site is zoned UR-
7, and developed with single-family homes or is vacant; except for some parcels of land zoned
UR-22 in the vicinity developed for multi-family dwellings. This includes a UR-22 zone located
directly west of the site across McDonald Road, and a UR-22 zone located to the southwest at
the northwest corner of the intersection of McDonald Road and Fourth Avenue. The parcel
located directly east of the site is undeveloped.
29. The land located along Sprague Avenue in the vicinity is primarily zoned B-3 and developed
for intensive commercial uses. Sprague Avenue constitutes a major transportation and
commercial corridor in the area. The land lying south of Fourth Avenue in the area is dominated
by UR-3.5 zoning and single-family residences.
30. The City Arterial Road Plan designates McDonald Road in the area as an Urban Minor
Arterial, designates Fourth Avenue to the south as an Urban Collector Arterial, designates
Evergreen Road to the east and Sprague Avenue to the north as Urban Principal Arterials, and
designates the abandoned railroad right of way to the north as a future Urban Principal Arterial
31. The only public comment received regarding the project was submitted by the owner(David
Olesak) of a single-family residence located directly south of the west half of the site, who
expressed concern regarding noise pollution from additional traffic generated by the proposal
HE Findings, Conclusions and Decision REZ-20-04/SUB-14-04 Page 4
along McDonald Road and the internal access road in the preliminary plat, and speeders. Such
owner requested the construction of a sound wall between his land and the site.
32. The City Phase I Development Regulations require all zone reclassifications to be consistent
with the implementing zones specified in such regulations for the Comprehensive Plan
designations that apply to the subject property. The implementing zones for the Medium Density
Residential category, in which category the site is designated, are the UR-7 and UR-12 zones.
33. Under the City Subdivision Ordinance and chapter 58.17 RCW, the applicant must
demonstrate that the preliminary plat serves the public use and interest; makes appropriate
provision for the public health, safety and general welfare; and makes appropriate provision for
roads, sanitary waste disposal, drainage ways, parks and recreation, potable water supply,
schools, sidewalks for children who reach school by walking, and other relevant facts and
planning features.
34. The site is designated in the Medium Density Residential category of the City
Comprehensive Plan. Such category is intended to provide residential densities ranging from 6-15
dwelling units per acre. The preliminary plat and proposed rezone implement the density range
recommended in the Medium Density Residential category of the Comprehensive Plan.
35. Policy UL.7.4 of the Comprehensive Plan recommends that detached single-family housing
on small lots and zero lot line housing be allowed in residential zones where appropriate. Policy
UL.8.1 recommends that mixed-income development be provided for in residential areas. Policy
UL.9.2 recommends that the City seek to achieve an average residential density in new
development in the UGA of at least four(4) dwelling units per acre through a mix of densities and
housing types. The proposal expressly implements these policies.
36. Policy UL.2.14 of the Comprehensive Plan recommends that separated sidewalks be
required on public roads in all new residential subdivisions. Policy UL.2.11 promotes the linkage
of developments with street connections, open space, parks and natural areas;where present.
37. Policies UL.2.20 and T.4a.12 of the Comprehensive Plan encourage new residential
developments to be arranged in a pattern of connecting streets and blocks, to allow people to get
around easily by foot, bicycle, bus or car. Cul-de-sacs or other closed street systems may be
considered appropriate where topography or other physical limitations make connecting systems
impractical, and under certain other circumstances.
38. Policy T.4a.9 of the Comprehensive Plan recommends that adequate access to and
circulation within all developments be maintained for emergency services and public
transportation vehicles.
39. Policy T.4a.2 of the Comprehensive Plan recommends that the capacity of existing roads be
maximized to reduce the need for new or expanded roads, through the use of signalization,
improved signage and other means.
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40. Policy T.2.2 recommends that transportation improvements needed to serve new
development be in place at the time new development impacts occur, or that a financial
commitment, consistent with the City's Capital Facilities Plan, be made to complete the
improvement within six(6) years.
41. The guidelines set forth in the 2001 City Standards for Road and Sewer Construction("City
Road Standards") recommend the provision of adequate vehicular and pedestrian access to all
parcels of land, minimizing through traffic movements and excessive speeds on local access
streets, logical street patterns, minimizing vehicular and pedestrian-vehicular conflict points,
considering traffic generators in designing a street system in a proposed development,
considering bordering arterial routes, and prohibiting direct residential lot access to Urban
Principal and Urban Minor Arterials.
42. The City Road Standards require the construction of curb, gutter and sidewalk along the
frontage of public streets in all new developments within urban land use zones. The City Road
Standards establish standards for the construction of new access roads, and the reconstruction of
existing access roads; and give the City Engineer discretion in prescribing the actual roadway
section required based on a variety of factors. See City Road Standards, Chapter 3.
43. The purpose and intent statement of the UR-12 zone is set forth in Zoning Code
14.620.100. Such statement is somewhat obsolete, since it has not been updated since the County
implemented the original County Zoning Code in 1991, and since the County placed into effect a
new comprehensive plan, now used by the City, in 2002. For example, the UR-12 zone did not
originally permit duplex and single-family housing, but now allows such uses on small lots.
44. Zoning Code 14.620.100 states that the purpose of the UR-12 zone is to set standards for
the orderly development of residential development in a manner that provides a desirable living
environment that is compatible with surrounding land uses and assures the protection of property
values. Such zone is intended to add to the housing types and densities in urban residential
development. The general characteristics of such area include paved roads, public sewer and
water, accessibility to schools and libraries, and a full line of public services including manned fire
protection and public transit accessibility.
45. The UR-12 zone permits a wide variety of residential uses; including multi-family dwellings,
duplexes, single-family dwellings, community residential facility, nursing/ convalescent home,
retirement/elderly apartments, business or professional office, day care facilities, hospital, schools
at all levels, and colleges and universities.
46. The minimum lot area, minimum frontage and minimum depth for an undivided duplex lot in
the UR-12 zone are 5,000 square feet, 50 feet and 80 feet; respectively. The maximum residential
density(net) in the UR-12 zone is 12 dwelling units per acre. The proposal complies with such
requirements.
47 The divided duplex provisions of Chapter 14.818 of the City Zoning Code permit division of
a duplex and the lot on which it constructed to allow separate ownership of each dwelling unit in
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the duplex and each associated portion of the duplex lot, under certain conditions. The duplex lot
must be divided in a manner that creates as nearly as possible equal lineal road frontage and
provides a smaller yard area for each dwelling unit. A common fire wall meeting regulatory
standards must be provided for the divided duplex. The duplex lot must meet the development
standards for duplexes of the zone involved prior to duplex division.
48 The duplex lots and units in the project meet the development standards of the UR-12 zone
and duplex division standards of the City Zoning Code. The City Planning Division's conditions
of approval for the preliminary plat assure compliance with such standards.
49 City Engineering conditions of approval require the applicant to submit final street and
drainage plans consistent with the City Road Standards and City Guidelines for Stormwater
Management. Such conditions require the applicant to dedicate 2.5 feet of right of way along
McDonald Road. The City requested the east-west access road in the project to be public, to
allow connection to a future north-south road located between Fourth Avenue and the abandoned
county right of way owned by the County being proposed for future Appleway Avenue.
50. The applicant's consulting traffic engineer submitted a trip generation and distribution
analysis dated January 5, 2005. City Engineering accepted such the traffic analysis; and found
that the proposal would generate fewer than 20 PM peak hour trips, sufficient traffic capacity
exists or is programmed to exist for the project, and the project complies with the transportation
concurrency requirements of the City Phase I Development Regulations.
51. There is no competent evidence in the record that the proposal will cause a violation of any
established noise standards, and there is no basis for requiring the applicant to establish a sound
wall along the south boundary of the west half of the site.
52. The City Phase I Development Regulations do not require direct concurrency for schools or
parks.
53. County Utilities and Modern Electric Water Company respectively certified the availability
of public sewer and public water to the project.
54. Spokane Regional Health District conditions of approval require the applicant to
demonstrate that an adequate and potable water supply is available to each lot in the project prior
to final plat approval. Such conditions require that a plan for water facilities adequate for
domestic use, irrigation use and fire protection use for the final plat must be approved by the
water purveyor, fire district and health authorities.
55. The preliminary plat complies with the public sewer and water concurrency requirements of
the City Phase I Development Regulations.
56. Spokane County Air Pollution Control Authority conditions of approval require the
applicant to comply with all applicable air pollution regulations.
HE Findings, Conclusions and Decision REZ-20-04/SUB-14-04 Page 7
57. Considering the proposed zoning of the site and designation of the site in the Medium
Density Residential category of the Comprehensive Plan, the design, shape, size and orientation of
lots in the preliminary plat are appropriate for the proposed use of such lots, and the character of
the area in which the lots are located. Block dimensions reflect due regard for the needs of
convenient access, public safety, emergency vehicle access, topography, road maintenance and
provision of suitable sites for the proposed use. Road alignments in the proposal are designed
with appropriate consideration for existing and planned roads, anticipated traffic patterns,
topographic and drainage conditions, safety and the proposed use of the site.
58. No public agencies objected to the proposal, as conditioned, or its environmental impact.
As conditioned, the proposal will not have more than a moderate effect on the quality of the
environment and will be reasonably compatible with neighboring land uses.
59. The preliminary plat has been conditioned for compliance with the UR-12 zone, the City
Zoning Code, the City Subdivision Ordinance, and other applicable development regulations.
60. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed preliminary plat and zone reclassification to the UR-12 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.
HE Findings, Conclusions and Decision REZ-20-04/SUB-14-04 Page 8
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-12 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 under Chapter 10.35 of the City Municipal Code.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the applications for a
preliminary plat and zone reclassification are hereby approved, subject to the conditions of the
various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
Failure to comply with the conditions of this approval may result in revocation of this
approval by the Hearing Examiner. This approval does not waive the applicant's obligation to
comply with all other requirements of other public agencies with jurisdiction over land
development.
CONDITIONS OF APPROVAL
A. General
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING DIVISION:
1. The Spokane Valley Interim Zoning Map shall be updated to specify an Urban Residential-
12 (UR-12) zoning designation for Parcel No.45221.9030.
2. The maximum density(net) for future residential development in the UR-12 zone is twelve
(12) dwelling units per acre.
3. The approved preliminary plat shall have a maximum of eighteen(18) residential(duplex ,
division) lots, unless a preliminary plat modification is approved pursuant to Section 12.100.120
(Modifications) of the Spokane Valley Interim Subdivision Ordinance ("Subdivision Ordinance").
4. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance, the
preliminary plat approval in File No. SUB-14-04 shall automatically expire five (5) years after
HE Findings, Conclusions and Decision REZ-20-04/SUB-14-04 Page 9
preliminary approval is granted unless a time extension is approved for the project. If a request
for an extension of time is not timely submitted and approved, the preliminary approval expires
and the plat is null and void. The expiration date for the preliminary plat is July 20, 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 the expiration of the preliminary plat approval.
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 Subdivision Ordinance that does not
conform to the requirements of the preliminary plat approval or that occurs without approval,
shall be considered a violation of Chapter 58.17 RCW, and shall be restrained by injunctive action
and shall be illegal, as provided in Chapter 58.17 RCW. Each sale, lease, or transfer of each
separate lot or parcel of land in violation of any provision of this ordinance shall be deemed a
separate and distinct offense.
7. Pursuant to Section 12.400.132 (Utilities) of the Subdivision Ordinance, when the density of
a proposed subdivision meets or exceeds three lots per gross acre within the exterior boundaries,
the subdivision shall provide underground utilities within public rights-of-way, alleys or utility
easements including, but not limited to, those for electricity, communications, and street lighting.
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 14.620 (Urban Residential-12 zone) of the Spokane Valley Interim Zoning Code
("Zoning Code"). Note: The temporary hammerheads should be excluded from the lot
boundaries of Lot 12, Block 1 and Lot 6, Block 2 of the preliminary plat.
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. 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-20-04/SUB-14-04 Page 10
2. The submitted fmal plat application shall comply with all submittal requirements specified
in Chapter 12.400 of the Subdivision Ordinance.
3. 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.
4. 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-12
zone or successor zoning designation in effect at the time of building permit application."
5. Prior to final plat approval, submit a final plat specifying a maximum of eighteen (18)
residential dwelling units.
6. Verification of demolition permits and an inspection of the single-family residence shown on
proposed Lots 1 and 2, Block 1 shall be submitted with the final plat application.
7. Include a note on the final plat map indicating Lots 1 through 12, Block 1 and Lots 1
through 6, Block 2 are duplex division lots.
8. Install along the west property line of proposed Lot 1 of Block 1, adjacent to McDonald
Road, a five (5)-foot strip of Type III landscaping pursuant to Section 14.806.060.2 of the Zoning
Code, prior to final plat approval.
9. Each dwelling unit comprising a duplex shall have individual utility systems and separate
residential systems as would be required of any single-family dwelling.
10. Additionally, the dedicatory language shall provide that each owner of a duplex dwelling
unit shall equally share in the cost of maintaining and/or repairing the common sewer system.
This cost-sharing provision shall be reduced to writing, executed by the owners of the duplex
dwelling units, run with the land and not be terminable without approval of the Community
Development Department at the City of Spokane Valley.
11. A common wall(fire wall) existing between each duplex unit shall comply with all
provisions of the Uniform Building Codes as found in RCW Chapter 19.27. (See Department of
Building and Safety.)
12. Each duplex dwelling unit shall have direct access to its associated yards.
13. Divisions of duplex dwelling units under this section shall apply to vertical lines with no
horizontal overlapping of ownership over or under either duplex unit.
HE Findings, Conclusions and Decision REZ-20-04/SUB-14-04 Page 11
14. The dedicatory language of the subdivision plat for a duplex division shall contain language,
or make reference to documentation containing language,which shall be recorded with the
Spokane County Auditor's Office, governing the easements for ingress/egress, utilities, drainage,
as well as obligations governing maintenance, repairs or additions to either dwelling unit
comprising the duplex. The dedicatory language or documentation shall also provide that it shall
not be amended except with prior approval of the Community Development Department. The
dedicatory language or documentation shall contain a statement that, in the event it is necessary to
replace more than fifty percent(50%) of either dwelling unit comprising the duplex for any reason
whatsoever, including but not necessarily limited to fire, explosion or other destructive forces,
said dwelling unit shall be rebuilt or restored as a duplex.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT
ENGINEERING DIVISION:
15. A Professional Engineer, licensed in the State of Washington, shall submit final road 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, the 1998 Spokane County
Guidelines for Stormwater Management (or as amended), Spokane Valley Stormwater Ordinance
05-013, and all other applicable standards.
16. A right-of-way dedication of 2.5 feet is required along the entire plat portion of McDonald
Road.
17. At the northwest corner of the subject property, a corner radius of 30 feet is required. This
is for the future intersection of McDonald Road and Appleway Avenue.
18. All internal streets shall be public streets. Street improvements required are: 28 feet of
asphalt, Type B curb and gutter, a 5-foot adjacent concrete sidewalk, and a 10 foot wide drainage
easement behind the sidewalk. A right-of-way dedication of 36 feet is required as well as a 3'
border easement on both sides of the streets with the 10-foot drainage easements on both sides.
This street shall extend to the east plat boundary for future extension of the street to adjacent
properties. A temporary hammerhead is allowable in lieu of a cul-de-sac. The hammerhead shall
meet all applicable standards.
19. Traffic concurrency has been met for this project.
20. Appropriate signing shall be addressed at the time of street construction plan submittal.
21. Plat language will be determined at the time of final plat submittal. Please contact the City
of Spokane Valley Public Works Department for appropriate language.
HE Findings, Conclusions and Decision REZ-20-04/SUB-14-04 Page 12
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—BUILDING
DIVISION:
22. 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, and Subsection 10.15.120 Residential Subdivision Grading.
SPOKANE COUNTY DIVISION OF UTILITIES:
23. 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."
24. 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.
25. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization
of the project.
26. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE REGIONAL HEALTH DISTRICT:
27. The fmal plat shall be designed substantially as indicated on the preliminary plat map of
record.
28. 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.
29. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County.
30. Water service shall be coordinated through the Director of Utilities, Spokane County.
31. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
32. Prior to filing the fmal plat, the sponsor shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
HE Findings, Conclusions and Decision REZ-20-04/SUB-14-04 Page 13
33. 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.
34. 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.
35. 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.
36. 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."
37. The dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
38. 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
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."
AVISTA:
39. A ten (10) foot easement strip for utilities is required behind border easements.
40. 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
HE Findings, Conclusions and Decision REZ-20-04/SUB-14-04 Page 14
trees, bushes, landscaping and to prohibit structures that may interfere with the construction,
reconstruction, reliability, maintenance, and safe operation of same."
C. Prior to or during on-site construction the applicant or successors in interest shall:
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
1. A Temporary Erosion and Sedimentations Control(TESC) plan, prepared by a Washington
State licensed Professional Engineer, shall be prepared and submitted with the site construction
plans. The TESC plan is to follow 1998 Spokane County Guidelines for Stormwater
Management. The TESC structures (such as silt ponds, silt traps) are to be installed prior to the
start of site work, and the TESC measures are to be implemented and maintained throughout the
duration of construction and until the site has stabilized. •
2. The permittee is responsible for arranging for all necessary utility adjustments, relocations,
or improvements as required for completion of the project. The developer needs to contact the
purveyors of each affected utility regarding private service, utility improvement, and any
relocation and adjustment costs. All rigid objects located in the clear zone shall be relocated
outside of the clear zone. The clear zone distances shall follow the 2001 Spokane County Road
& Sewer Standards.
3. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
4. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed Washington State Professional Engineer/Land Surveyor, who shall
furnish the City Engineer with"Record Drawing"plans and a certificate in writing that all
improvements were installed to the lines and grades shown on the approved construction plans
and that all disturbed monuments have been replaced. All work is subject to inspection by the
City Engineer or by his staff.
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.
HE Findings, Conclusions and Decision REZ-20-04/SUB-14-04 Page 15
8. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
9. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
10. A Notice of Construction and Application for Approval shall be submitted and approved by
SCAPCA prior to the construction, installation, or establishment of an air pollution source. This
includes emergency generators rated at 500 hp (375 kW) or higher, natural gas heating equipment
units rated at 4 MMBTU/hr or higher(input), and heating equipment units fired with other fuels
(e.g. diesel) rated at 1 MMBTU/hr(input) or higher. Contact SCAPCA for a Notice of
Application.
11. A Notice of Intent shall be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application
QWEST:
12. 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 20th day of July, 2005
CITY HEARING EXAMINER PRO TEM
/, C ry 1/
Mich 1 C. Dempsey, WSBA#8235 - d
HE Findings, Conclusions and Decision REZ-20-04/SUB-14-04 Page 16
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 10.35 of the City of Spokane Valley Municipal Code, as amended by
City Ordinance No. 05-021, 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 July 20, 2005. THE APPEAL CLOSING DATE IS AUGUST 3, 2005.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-7490. The file may be
inspected during normal working hours, listed as Monday- Friday of each week, except holidays,
between the hours of 8:30 a.m. and 5:00 p.m. After the appeal period, the file may be inspected
at the City of Spokane Valley Department of Community Development, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, WA. Copies of the documents in the
record will be made available at the cost set by City of Spokane Valley Ordinance.
Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision REZ-20-04/SUB-14-04 Page 17