SUB-04-05_PUD-02-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Preliminary Plat of Flora Meadows, and )
Planned Unit Development(PUD) Overlay ) FINDINGS OF FACT,
Zone, in the Urban Residential-7* (UR-7*) Zone; ) CONCLUSIONS OF LAW,
Applicant: Whipple Consulting Engineers, Inc. ) AND DECISION
File No. SUB-04-05/PUD-02-05 )
I. SUMMARY OF DECISION
Hearing Matter: Application for a preliminary plat and a PUD Overlay zone, in the UR-7* zone.
Summary of Decision: Approve application, subject to conditions of approval. The preliminary
plat/PUD will expire on September 7, 2010, unless an extension of time is submitted at least 30
days prior to the expiration date.
H. FINDINGS OF FACT
1. The subject application seeks approval of the preliminary plat of Flora Meadows, to
subdivide approximately 9.18 acres of land into 50 lots for single-family dwellings, and two (2)
common open space tracts; and a request for a Planned Unit Development(PUD) Overlay zone;
in the Urban Residential-7* (UR-7*) zone.
2. The site is located at the northeast corner of Baldwin Avenue and Flora Road, in the SW 1/4
of Section 7, Township 25 North, Range 45 East, Willamette Meridian, Spokane County,
Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 55073.0615 and
55073.0618. The two (2) residences on the site have addresses of 17117 E. Baldwin Avenue and
2010 N. Flora Road, Spokane Valley, WA. The site is legally described on the preliminary plat
map of record.
4. The applicant for the proposal is Whipple Consulting Engineers, Inc., do Todd Whipple,
13218 East Sprague Avenue, Spokane Valley, WA 99202. The site owner is CHD, Inc., P.O.
Box 13717, Spokane Valley, Washington 99213.
5. On January 31, 2005, the applicant submitted a complete application for a preliminary plat
and PUD Overlay zone to the Spokane Valley Department of Community Development, in File
No. SUB-04-05/PUD-02-05. On May 25, 2005, the applicant submitted a revised preliminary
plat map/preliminary PUD site development plan, which is considered the map/plan of record.
6 On July 15, 2005, the City Planning Division issued a Mitigated Determination of
Nonsignificance (MDNS) for the proposal. The MDNS was not appealed.
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 1
7. On August 17, 2005, the Examiner conducted a site visit. On August 18, 2005, the Hearing
Examiner held a public hearing on the proposal. The notice requirements for the public hearing
were met.
8. The public hearing was held in accordance with 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:
Micki Harnois, Associate Planner Sandra Raskell, Development Engineer
City of Spokane Valley City of Spokane Valley
11707 E. Sprague Avenue 11707 E. Sprague Avenue
Spokane Valley, WA 99206-6110 Spokane Valley, WA 99206-6124
Meg Arpin Todd Whipple
Attorney at Law Whipple Consulting Engineers, Inc.
1117 E. 35th Avenue 13218 E Sprague Avenue
Spokane, WA 99203 Spokane Valley, WA 99216
Clive Tobin Mary Pollard
17128 E. Baldwin Avenue 17216 E. Baldwin Avenue
Spokane Valley, WA 99016-9506 Spokane Valley, WA 99016-9506
Alice Beattie Diane Johnson
17324 E. Montgomery Avenue 17112 E. Baldwin
Spokane Valley, WA 99016-8542 Spokane Valley, WA 99016
10. The Hearing Examiner takes notice of the City Interim Comprehensive Plan, Zoning Code,
Subdivision Ordinance, Stormwater Ordinance, Critical Areas Ordinance and Standards for Road
and Sewer Construction; City Municipal Code; other applicable development regulations; and
prior land use decisions in the vicinity.
11. 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.
12. After the public hearing, on August 19, 2005, the Examiner received an e-mail message
from Mary Pollard, a neighboring property owner, regarding the proposal. The message advised
that a trailhead for the Centennial Trail exists north of the site at the intersection of Flora Road
and Montgomery Avenue, and that the additional traffic and parking generated by the proposal at
such location would increase the inadequacy of parking and the sight distance problem at such
location. The e-mail is excluded from the record, because it was provided after the public
hearing, and the information in the e-mail can generally be inferred from the record.
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 2
13. The site is 9.18 acres in size and rectangular in shape. Two residences, with associated
outbuildings, are located on the site; with one home fronting along Flora Road and one home
fronting along Baldwin Avenue. The property is vegetated with scattered deciduous and
evergreen trees, shrubs and grasses.
14. The site is relatively flat in topography; except for the east border and northeast corner of
the site, where the land slopes down moderately from west to east. The environmental checklist
submitted for the preliminary plat states that the maximum slope on the site is approximately
7.5%. However, the 1-foot contours illustrated on the preliminary plat map of record indicate a
maximum slope of approximately 15% along the east border of the property.
15. The preliminary plat map/PUD site plan illustrates division of the site into 50 lots for single-
family dwellings. Such lots range from 5,201 square feet to 8,827 square feet in size, and the
average lot size is approximately 6,170 square feet. The residences on the site would remain on
the site, but the accessory structures on the site would be removed for site development.
16. The preliminary plat map/PUD site plan also illustrate a 3,412-square foot common open
space tract in the extreme northwest corner of the site; and a common open space tract of 36,038
(.83 acres) in the southwest part of the site, with a path meandering through the tract between
two points along Flora Road.
17. The preliminary PUD site plan shows the locations of the proposed dwelling units on the
site; and the façade, elevation and floor plan for a typical dwelling unit in the project. The internal
road system in the preliminary plat would be public, include separated sidewalk and curb, extend a
road(Knox Avenue) from Flora Road to the east boundary of the site, and connect to Baldwin
Avenue in one location.
18. The PUD site plan shows a sight-obscuring fence along the north and east borders of the
project, a separated pedestrian path located on both sides of the internal roads, and a separated
pedestrian path along Baldwin Avenue Flora Road.
19. In 1991, Spokane County reclassified the zoning of the site and the land in the area from its •
zoning under the now expired County Zoning Ordinance to the Urban Residential-3.5 (UR-3.5)
zone, pursuant to the Program to Implement the Spokane County Zoning Code.
20. In 1993, a preliminary plat application was submitted to divide the site into 31 lots for
single-family residences, in the UR-3.5 zone, at an approximate density(net) of 4.35 dwelling
units per acre; with each lot being approximately 10,000 square feet. The preliminary plat was
approved in the mid-1990s, after a period of litigation, and received a number of time extensions.
See decisions in County File No. PE-1706-93
21. In approximately 1994, the County approved an area-wide rezone that reclassified the
zoning of the site, and the other land in the area located between Mission Avenue and the
Spokane River, from the UR-3.5 zone to the Suburban Residential-1 (SR-1) zone. The zoning of
the land lying south of Mission Avenue remained UR-3.5. See rezone decision in File No. ZE-17-
94. The original preliminary plat for the site remained vested under the UR-3.5 zone.
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 3
22. 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. See County Resolution Nos. 2-0037 and 2-0470.
23. The County Comprehensive Plan designated the site and surrounding area in the Low
Density Residential category. The County Phase I Development Regulations designated the site
and general area in the UGA, reclassified the zoning of the site and the other land in the area
zoned SR-1 to the UR-7* zone, and retained the UR-3.5 zoning of the land lying south of Mission
Avenue in the area.
24. On March 31, 2003, the City of Spokane Valley was incorporated. Upon incorporation, the
City adopted by reference the County's comprehensive plan, subdivision ordinance, zoning code,
Phase I Development Regulations, zoning maps and other development regulations; with certain
minor revisions. The City retained the zoning of the site and other land in the area
25. Effective August 25, 2004 and November 24, 2004, the City amended the dimensional
standards in the residential zones of the Zoning Code, both inside and outside a PUD Overlay
zone. Effective November 24, 2004, the City amended the provisions of the PUD Overlay zone.
See City Ordinance Nos. 04-033 and 04-046.
26. In 2004, the City denied a time extension for the preliminary plat previously approved for
the site. On January 31, 2005, the applicant submitted the current preliminary plat application.
27. On February 7, 2005, the City approved an area-wide rezone that legislatively reclassified
the zoning of the site and neighboring properties located north of Mission Avenue to the UR-3.5
zone.
28. On July 20, 2004, the City approved a preliminary plat application to divide 11.59 acres of
land located directly east of the site into 55 lots for single-family dwellings, in the UR-7* zone. A
final plat (Hidden Valley) was recorded for the entire preliminary plat on June 28, 2005, and
paving and sewer facilities are currently being installed in such development. The average lot size
in the final plat is 7,360 square feet, and the density(net) is 5.92 dwelling units per acre. See final
plat map and dedication in current file, and Hearing Examiner decision in File No. SUB-05-04.
29. Between 2003 and 2005, the City approved other preliminary plats in the UR-7* zone in the
vicinity that are similar to the current proposal. This included two preliminary plats located
southeast of the site, between Baldwin and Mission Avenues; the development of which has
resulted in the extension of Arc Road and public sewer between Baldwin Avenue and Mission
Avenue. See Hearing Examiner decisions in File Nos. SUB-01-05 and SUB-12-04. This also
included a preliminary plat located directly east of such projects, along the north side of Mission
Road; and a preliminary plat located southwest of such projects, at the southeast corner of
Mission Avenue and Flora Road. See Hearing Examiner decisions in File Nos. PE-1921-
03/PUDE-5-03 and REZ-11-04/SUB-08-04.
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 4
30. Neighboring land consists primarily of single-family dwellings on acreage parcels, with some
associated farming and large animal-keeping; as well as recently subdivided land for urban
residential development.
31. The land lying west of Flora Road in the vicinity, south of Mission Avenue, is designated in
the Light Industrial category and zoned Light Industrial(I-2). Some limited commercial uses are
found just over one (1) mile driving distance southeast of the site, north of the Interstate
90/Barker Road freeway interchange to the southeast. A wide range of commercial uses is found
just over one (1) mile driving distance to the southwest; along Broadway Avenue, east of Sullivan
Road; along Sullivan Road; and 1.3 miles to the south along Sprague Avenue, both east and west
of Flora Road.
32. The I-90/Barker Road freeway interchange is located approximately 1.4 miles driving
distance from the site. The I-90/Sullivan Road interchange is located approximately 1.8 miles
driving distance from the site. The Spokane River meanders 800 feet to 950 feet north of the site,
from west to east. See County Assessor's map for Section 7. The Centennial Trail is located
along the river north of the lots fronting along Montgomery Avenue.
33. The City Arterial Road Plan designates Mission Avenue in the area as an Urban Collector
Arterial, Flora Road and Broadway Avenue as Urban Minor Arterials, and Sprague Avenue and
Barker Road as Urban Principal Arterials. The other roads in the vicinity are Urban Local Access
roads. Flora Road passes over I-90 to the southwest, but does not directly access the freeway at
such location.
34. A small number of neighboring property owners objected to, or requested mitigation for, the
current proposal; based on such concerns as potential pollution of the Spokane River from road
drainage, noise/dust/vibration caused by construction, hours of construction, need to move the
road access for the preliminary plat to Baldwin Avenue to the west to avoid icy conditions at the
proposed location, inadequate sewer capacity, need to extend sewer in Baldwin Avenue, request
for a soft path along Flora Road to accommodate horses, need for school and park mitigation
impact fees, impacts on wildlife, exterior lighting impacts, need to construct roadside swales to
allow the planting of street trees, need for fencing along project boundaries, opposition to bonus
density for project in light of recent rezoning of area, lack of public transit, and other concerns.
35. The density(net) of the preliminary plat is approximately 6.26 units per acre, dividing the
number of proposed dwelling units (50) by the net acreage of the site (7.99 acres). The net
acreage of the site is approximately 7.99 acres, determined by subtracting the area reserved for
public road right of way in the preliminary plat (1.19 acres) from the gross acreage of the site
(9.18 acres).
36. The preliminary plat map/PUD site plan and the Staff Report do not correctly calculate the
residential density(net) of the preliminary plat, because an erroneous figure was used for the net
acreage of the preliminary plat. The reference to "public widening" of 10,918 square feet on the
preliminary plat map/PUD site development plan should be ignored in determining the net acreage
of the preliminary plat, since this refers to the improvement of Flora Road and Baldwin Avenue,
and not the dedication of right of way.
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 5
37. The County legislatively rezoned the site to the UR-7* zone in 2002, under the County
Phase I Development Regulations. Such regulations, on page 3 of the zoning matrix, provided
that land designated in the Low Density Residential category be reclassified to the UR-7 zone; if
zoned other than UR-3.5, UR-7, Urban Residential-12 UR-12 and Urban Residen i -
( ) t al 22 (UR-
22). This included the current site.
38. The zoning matrix in the County Phase I Development Regulations contained an asterisk(*)
next to the UR-7 zone designation, stating "*UR-7 may be used as an implementing zone but
density for new development shall not exceed 6 dwelling units per acre." An identical asterisk(*)
reference on page 7 of the zoning matrix similarly restricts the zoning of land designated in the
Low Density Residential category rezoned to the UR-7* zone through the Hearing Examiner
process. The City Phase I Development Regulations are identical to the County Phase I
Development Regulations.
39. When the City of Spokane Valley incorporated, it adopted the zoning of land adopted by the
County under the County Phase I Development Regulations. The County and City have
interpreted the asterisk(*) references in the zoning matrix of the County/City Phase I
Development Regulations as limiting the density(net) of land subject to the reference to six(6)
dwelling units per acre. This includes the current site. The City Department of Community
Development adopted the designation"UR-7*"to identify UR-7 zoning established under the
County/City Phase I Development Regulations, where the residential density(net) for new
development was limited to six(6) dwelling units per acre.
40. The residential development standards table for the UR-7 zone lists the allowable density
(net) in the UR-7 zone as seven(7) dwelling units per acre, but indicates that such density may be
increased through the bonus density provisions of the PUD Overlay zone. However, the table
does not address the six(6) dwelling units per acre density(net) limitation for land zoned UR-7*
under the County/City Phase I Development Regulations.
41. The PUD Overlay zone, under Section 4.08.19.09 of the City Zoning Code, provides that in
any planned unit development, the number of dwelling units per acre of land"...shall not exceed
that which is permitted by the underlying zone(2), except as approved for density bonus by the
Hearing Examiner..." under the procedures set forth in the Zoning Code.
42. The Hearing Examiner, in previous land use decisions involving a PUD Overlay zone and
land zoned UR-7*, or rezoned to the UR-7* zone, found that the County/City Phase
Development Regulations do not allow the award of bonus density in a PUD Overlay zone to
permit a residential housing density in excess of six(6) dwelling units per acre, for land zoned
UR-7*, or rezoned to the UR-7* zone. See e.g., decisions in File No. PE-1921-03/PUDE-05-03,
File No. PE-1916-03/PUDE-2-03/ZE-3-03 and File No. REZ-12-04/SUB-09-04.
43. The recent amendments by the City to the development standards of the UR-7 zone, and to
the PUD Overlay zone, do not indicate any intent by the City to override the density limitation of
six(6) units per acre imposed by the City Phase I Development Regulations on land zoned UR-7*
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 6
zone through the bonus density provisions of the PUD Overlay. See Zoning Code 4.15.1 and
4.08.19.09.
44. Policy UL.9.1 of the Comprehensive Plan recommends that residential densities in the Low
Density Residential category of the Comprehensive Plan, in which category the site is designated,
range from 1-6 dwelling units per acre. However, policies UL.3.3 and UL.7.5 encourage the
award of bonus densities in PUDs to promote infill development, where appropriate. The City
may wish to consider amending the City Phase I Development Regulations to allow bonus density
for those properties zoned UR-7* above the density limitation of six(6) dwelling units per acre,
through the provisions of the PUD Overlay zone.
45. The preliminary plat is currently vested for review under the UR-7* zone, and the Zoning
Code provisions and other development regulations applicable to the preliminary plat in place
when a complete application was submitted for the preliminary plat/PUD on January 31, 2005.
46. 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 an assortment of other uses. The minimum
frontage and the minimum lot area for a single-family dwelling in the UR-7 zone are, respectively,
65 feet and 6,000 square feet.
47. The applicant applied for bonus density under the PUD Overlay zone, to allow the density
(net) of the preliminary plat to exceed six(6) dwelling units per acre. This includes bonus density
under Zoning Code 4.08.19.09.2.a.i, which allows a bonus density of.3 dwelling units per acre if
at least 50% of the dry, common open space has a slope of 10% or less. The common open space
in the preliminary plat/PUD appears to meet such requirement.
48. The applicant applied for bonus density under Zoning Code 4.08.19.09.2.a.ii, which allows a
bonus density of.5 dwelling units per acre if significant recreation areas are developed and
equipped with at least two of various stated features. Such features include hard surface biking,
hiking or walking trails connecting the entire development; improved playfields; sports courts;
swimming or wading pools; and children's play areas that incorporate play structures/equipment
that are at least 10,000 square feet in area.
49. The preliminary plat map/PUD site plan illustrate a walking path connecting the entire
development, and proposed bench near the walking path on common open space Tract B. The
applicant indicated at the public hearing that the proposed path on Tract B would be hard
surfaced. City Engineering conditions of approval require the installation of a 10-foot wide
asphalt pathway along Flora Road, and a 5-foot separated, concrete sidewalk along Baldwin
Avenue and along both sides of the internal roads in the development. While the PUD site plan
provides a sufficient pathway system, it does not propose sufficient recreational improvements for
the application to qualify for bonus density under Zoning Code 4.08.19.09.2.a.ii.
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 7
50. The applicant applied for bonus density under Zoning Code 4.08.19.09.2.d.i, which allows a
bonus density of.2 units per acre if public transit is available within 1/4-mile walking distance of
the majority of dwelling units in the residential development; provided, the walking route is hard-
surfaced and accessible, and may require an off-site sidewalk/pathway. The record indicates that
a bus stop is located at the intersection of Flora Road and Mission Avenue; however, the corner
where the bus stop is located is not stated.
51. The intersection of Flora Road and Mission Avenue lies approximately 1,080 feet south of
the site, at its closest point. The majority of dwelling units in the preliminary plat do not lie within
1/-mile walking distance (1,320 square feet) from the intersection, even if the bus stop is located
at the northeast corner of the intersection. See County Assessor's map, and preliminary plat map.
The preliminary plat does not qualify for bonus density under Zoning Code 4.08.19.09.2.d.i.
52. The applicant did not apply for bonus density under Zoning Code 4.08.19.09.2.c.iv, which
allows .5 units per acre bonus density for an un-gated development allowing through access to the
public. The record does not indicate whether the applicant plans a gated community. The PUD
site plan shows sight-obscuring fencing along the south and north borders of the site, apparently
to comply with the requirement of the Zoning Code that such fencing be established for new
residential developments zoned UR-7 adjacent to land zoned UR-3.5. However, because the site
and adjacent land were zoned UR-7* at the time the current application was submitted on January
31, 2005, such fencing requirement does not apply.
53. The application may only qualify for a bonus density of.3 dwelling units per acre awarded if
at least 50% of the dry, common open space has a slope of 10% or less. Based on the net acreage
of the preliminary plat of 7.99 acres, such bonus density would be sufficient to allow the 50
dwelling units requested by the application. However, the six(6) dwelling units per acre
limitation imposed on new residential development by the City Phase I Development in the UR-7*
zone allows the development of only 48 dwelling units on the site. The applicant would have to
reduce the density(net) of the preliminary plat, unless the City amends the Phase I Development
Regulations in the future to allow bonus density in the UR-7* zone.
54. Zoning Code 4.08.19.16 requires that a minimum of 10% of the total area of the PUD be
designated and maintained as common open space, and prohibits required landscape areas and
storm water facilities from being used in the calculation of open space. Open space must be
useable for either greenbelts that serve as a buffer between land uses, using existing vegetation
and new plant materials; active or passive recreational activities; or for protecting environmentally
sensitive areas or critical areas.
55. The preliminary PUD site plan erroneously lists the combined area of the common open
space in the preliminary plat as 40,000 square feet. The sum of the areas of Tracts A and B of the
preliminary plat is actually only 39,450 square feet, which is less than the required 10% of the
total preliminary area, or 39,988 square feet. Accordingly, the applicant would have to increase
the amount of total common open space in the preliminary plat by at least 538 square feet.
56. The Staff Report indicates that a portion of Tract A will be used for drainage. Since the
PUD Overlay zone does not allow the portion of common open space used for storm water
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 8
facilities to count toward the 10% common open space requirements for a PUD, an additional
increase in the amount of common open space in the preliminary plat may be necessary
57. The deficiencies in the amount of common open space qualifying for the 10% open space
requirement in the preliminary plat can be easily accomplished, since the applicant needs to
remove two lots from the final plat to comply with the six(6) units per acre density(net)
limitation of the UR-7* zone.
58. The PUD site plan complies with the requirement of the PUD Overlay zone that a PUD
have direct access to a designated collector or arterial; and appears to comply with the other
applicable requirement of the PUD Overlay zone, as set forth in the Staff Report.
59. Policy UL.9.2 of the Comprehensive Plan recommends that the County 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 types. Policy UL.8.1 recommends that mixed-income
development be provided for in residential areas. The preliminary plat implements these policies.
60. The Comprehensive Plan encourages the use of Planned Unit Developments (PUDs) to
provide a mechanism for allowing new concepts and creative design; allowing deviations from
typical standards of a zone,while ensuring the design meets health and safety standards and is
consistent with neighborhood character. Policy UL.7.4 recommends that detached single-family
housing on small lots and yards be allowed,where appropriate.
61. Policy T.3e.1 of the Comprehensive Plan 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. Policy UL.2.14 recommends that separated
sidewalks be required on public roads in all new residential subdivisions. Policy T.3e.4 promotes
separated hard surface walkway systems as an alternative to sidewalks, if they fit in with the
characteristics of the neighborhood and private maintenance is assured. The preliminary plat is
consistent with such policies.
62. Policy UL.2.11 of the Comprehensive Plan promotes the linkage of developments with open
space, parks, natural areas and street connections. Policies UL.2.20 and T.4a.12 of the
Comprehensive Plan encourages new developments to be arranged in a pattern of connecting
streets and blocks, to allow people to get around easily by foot, bicycle, bus or car; and state that
cul-de-sacs or other closed street systems may be appropriate under certain circumstances.
63. The preliminary plat implements the above policies, by extending Knox Avenue to the east
to meet with such road in the adjacent Hidden Valley final plat, and by extending access south to
Baldwin Avenue. A 1.2-acre parcel separates the south half of the site from the Hidden Valley
final plat.
64. Policy T.4a.2 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. Policy T.2.2 recommends that transportation improvements needed to serve new
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 9
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)p ( ) Y
65. 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, and
discouraging direct residential lot access to urban principal and minor arterials.
66. The City Road Standards require the construction of curb, gutter and sidewalk along the
frontage of new developments within urban land use zones. The City Road Standards also
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 number of factors. See Road Standards, Chapter 3.
67. City Engineering conditions require the applicant to widen Flora Road and Baldwin Avenue
adjacent to the site to the specifications of the City Road Standards, by adding additional asphalt,
curb, gutter, a planting strip and sidewalks; and also require full improvement of the proposed
public roads in the preliminary plat.
68. The applicant submitted a traffic impact analysis for the preliminary plat prepared by a
qualified consulting traffic engineer. The analysis indicates that 5% of peak hour traffic from the
project will use the Baldwin Avenue/Indiana Avenue route to reach Barker Road and the Barker
Road and 1-90 freeway interchange; and the remaining 95% of the peak hour traffic will travel
south on Flora Road, including 30% traveling east and north along Mission Avenue to Barker
Road, 40% to travel west via the Broadway Avenue/Sullivan Route to reach I-90, and 25%
continuing south on Flora Road to reach Sprague Avenue.
69. The level of service (LOS) at the intersection of Barker Road and Mission Avenue is
expected to reach LOS F by 2010; however a traffic signal is planned for the intersection of
Barker Road and Mission Avenue in the next few years which will enhance the level of service at
such intersection to LOS B by 2010,with or without the project. The proposal is expected to
degrade the level of service at the intersection of Broadway Avenue and Flora Road from LOS C
to LOS D in 2010; however, this is far from failing LOS F at such un-signalized intersection.
70. Based on the proposed traffic signal at the intersection of Broadway and Sullivan Road, and
due to the proposed relatively high level of remaining traffic capacity at the surrounding roads and
intersections, the traffic analysis establishes that the project will not have any significant impact on
the levels of service (LOS) at area intersections at the time of project build-out. City Engineering
certified transportation concurrency for the project.
71. City Engineering conditions of approval require the applicant to submit final road and
drainage plans that comply with the City Road Standards, the drainage requirements of the
County Guidelines for Stormwater Management, and the City Stormwater Ordinance. Such
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 10
conditions also require the applicant to prepare and implement a temporary erosion and control
plan during construction.
72. The drainage plan for the final plat will provide for the collection and treatment of
stormwater in grassed percolation areas before discharge, and will require the applicant to
discharge stormwater at rates and volumes that do not exceed existing levels. See testimony of
Todd Whipple, P.E. Additional environmental analysis will be required if more than 500 cubic
yards will be moved on site during grading activities.
73. There is no competent evidence in the record of an engineering nature establishing that
drainage from the project will adversely impact neighboring properties or the Spokane River, or
will worsen drainage conditions at the intersection of Montgomery Avenue and Flora Road. The
Washington State Department of Ecology was contacted regarding the project, but did not submit
any adverse comments regarding the potential drainage impacts of the project on the Spokane
River.
74. The Examiner has no regulatory basis to depart from the construction hours adopted by the
City that allow construction activities on the site from 7:00 a.m. to 10:00 p.m. The City Building
Department may enforce violations of such construction hours. The applicant indicated a
willingness to work with Mary Pollard, who resides across from the site and has served as a
neighborhood representative in the past, regarding construction vibration impacts. Pollard
provided credible testimony that vibration impacts from construction can be a substantial nuisance
to daily living, while ongoing. The applicant should work with Pollard and other neighbors to
provide notice and timing of such activities. SCAPCA conditions of approval address dust
impacts from the project.
75. Neighboring property owners did not submit any evidence of a traffic or drainage
engineering nature that would support a conclusion that the proposed access to Baldwin Avenue
needs to be moved further to the west on the site, to avoid icy road conditions at the proposed
access location.
76. City Critical Areas maps do not designate any priority wildlife habitat or other critical areas
on the site, nor is their any evidence in the record that an endangered or threatened species uses
the site. There is no basis to require the applicant to provide mitigation for impacts on wildlife.
The preliminary PUD site plan illustrates and describes a landscaping plan for the common open
space tracts in the preliminary plat.
77. Policy P0.3.3 of the Comprehensive Plan recommends that new development mitigate a
portion of its direct impacts on the availability of parks, open spaces and recreation facilities.
However, the City Phase I Development Regulations do not require direct concurrency for parks
or schools. There is no regulatory basis for requiring the applicant to contribute mitigation fees
for parks or schools. Central Valley School was contacted regarding the project but indicated
that it did not have any substantive comments. The common open space in the preliminary plat
will provide some recreational opportunities for the future residents in the project.
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 11
78. The applicant's engineer indicated that public sewer would be installed in Baldwin Avenue
and stubs provided to adjoining properties for later hook-up, with the possibility of latecomer fees
being applicable. County Utilities certified that public sewer is available for the project.
Consolidated Water District certified that public water is available for the project.
79. The subject application meets the public sewer, water and transportation concurrency
requirements of the City Phase I Development Regulations.
80. The County Zoning Code prohibits exterior lighting for a building from extending onto
adjacent properties. The PUD Overlay zone requires the installation of energy efficient street
lights at the entrance of the development and at each intersection. The Examiner has no
regulatory authority to otherwise regulate the lighting associated with the development of homes
on the site.
81. Subject to compliance with the six(6) units per acre density limitation in the UR-7* zone,
and with the 10% common open space area requirements of the PUD Overlay zone, the
preliminary PUD site plan submitted for the project complies with the requirements of the City
PUD Overlay zone. Conditions of approval have been added addressing the inconsistency of the
preliminary plat/PUD with density and 10% common open space requirements, and have been
updated to comply with the provisions of the recently revised PUD Overlay zone.
82. 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. The MDNS issued for
the original proposal is appropriate for the proposal.
Based on the above findings of fact, the Hearing Examiner enters the following:
M. CONCLUSIONS OF LAW
1. The preliminary plat and dedication, as conditioned, conform to the City Comprehensive
Plan and will serve the public use and interest.
2. The preliminary plat and dedication, as conditioned, make appropriate provision for the
public health, safety and general welfare; and also make appropriate provision for open spaces,
roads, drainage ways, schools and school grounds, playgrounds, parks and recreation, sidewalks
for children who walk only to school, sanitary wastes, potable water supplies, easements, utilities,
planning features, and all other relevant facts as specified in RCW 58.17.110 and the City
Subdivision Ordinance.
3. The preliminary plat, as conditioned, meets the general design and other requirements listed
in Chapter 12.400 of the City Subdivision Ordinance for a proposed subdivision.
4. The preliminary plat and PUD Overlay zone, as conditioned, conform to the City
Comprehensive Plan, and bear a substantial relationship to the public health, safety and welfare.
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 12
5. The procedural requirements of the State Environmental Policy Act and the City's Local
Environmental Ordinance have been met.
6. The proposal, as conditioned, complies with the UR-7* zone, the PUD Overlay zone, other
applicable provisions of the City Zoning Code, the City Subdivision Ordinance, and other
applicable development regulations.
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. Approval of the subject application is appropriate under the City Zoning Code and City
Ordinance No. 57, as amended by Ordinance Nos. 03-081 and 04-012.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the combined application for
a preliminary plat and PUD Overlay zone is hereby approved, subject to the conditions of the
various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
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. The following are general conditions of approval that apply to the preliminary plat/PUD in
File No. SUB-04-05/PUD-02-05 (Flora Meadows):
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING DIVISION:
1. The density (net) of the preliminary plat of 6.26 dwelling units per acre exceeds the
maximum density (net)permitted in the Urban Residential-7*(UR-7*) zone of six (6) dwelling
units per acre by the City Phase I Development Regulations, even under the bonus density
provisions of the PUD Overlay zone. The density (net) of the preliminary plat shall be reduced
to six (6) dwelling units per acre; unless the City of Spokane Valley amends the City Phase I
Development Regulations to allow bonus density in a PUD Overlay zone in the UR-7*zone in
excess of six (6) dwelling units per acre, in which case the final plat shall not exceed a total of
50 dwelling units.
2. Pursuant to Section 12.100.116 (Expiration of Approval) of the Spokane Valley Interim
Subdivision Ordinance ("Subdivision Ordinance"), the preliminary plat approval shall
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 13
automatically expire on September 7, 2010, unless a time extension is timely submitted and
approved.
3. Pursuant to Section 4.08.19.04.2 (Final PUDs) of the Spokane Valley Interim Zoning Code
("Zoning Code"), any Planned Unit Development not finalized prior to the expiration of the
Preliminary PUD shall become void.
4. 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.
5. Pursuant to Section 12.100.130 (Enforcement) of the Subdivision Ordinance, any sale,
lease, or transfer of any lot or parcel created pursuant to the City's Interim Subdivision Ordinance
that does not conform to the requirements of the preliminary plat approval or that occurs without
approval, shall be considered a violation of chapter 58.17 RCW, and shall be restrained by
injunctive action and shall be illegal, as provided in chapter 58.17 RCW. Each sale, lease, or
transfer of each separate lot or parcel of land in violation of any provision of this ordinance shall
be deemed a separate and distinct offense.
6. Pursuant to Section 12.400.132 (Utilities) of the Subdivision Ordinance,when the density of
a proposed subdivision meets or exceeds 3 lots per gross acre within the exterior boundaries, the
subdivision shall provide underground utilities within public rights-of-way, alleys or utility
easements including, but not limited to, those for electricity, communications, and street lighting.
The subject plat's gross density is 5.45 dwelling units per acre; therefore the proposal shall
comply with Section 12.400.132. If the applicant or successors in interest wish the Director to
waive the underground 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.
7. Pursuant to Section 12.400.132 of the Subdivision Ordinance, all utilities within the plat
shall be underground.
8. Except where noted in conditions of approval, the proposal shall comply with the provisions
of Chapter 14.618 (Urban Residential-7*) of the Zoning Code.
9. Submit a Final Planned Unit Development Plan prepared in conformance with Section
4.08.19.04 of the Zoning Code. The Final Planned Unit Development Plan shall include approved
road plans, drainage systems, assurances of building and fire code compliance and the
requirements specified in Section 4.08.19.04 of the Zoning Code, inclusive of a Final Landscape
Plan.
10. Pursuant to Section 4.08.19.04 of the Zoning Code, approval of the Final Planned Unit
Development Plan shall be done administratively.
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 14
11. Pursuant to Section 4.08.19.04 of the Zoning Code, construction shall not commence until a
Planned Unit Development has been given final approval.
12. Pursuant to Section 4.08.19.15.e of the Zoning Code, submit written evidence of the
creation of a homeowner's association to manage and maintain the private streets, common
areas and other improvements not otherwise owned by individual lot owners. A Declaration of
Covenants, Conditions and Restrictions shall be recorded as required in Section 4.08.19.15.e of
the Zoning Code.
13. Pursuant to Section 4.08.19.16.4 of the Zoning Code, required improvements shall be
completed prior to transfer of ownership of the common open space to the homeowner's
association.
14. 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.
15. Pursuant to Section 4.08.19.16.1 of the Zoning Code, the amount of common open space
in the preliminary plat shall be increased to at least 10% of the gross area of the Planned Unit
Development.
B. Prior to final 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.
2. The submitted final 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
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 15
the UR-7* zone or successor zoning designation in effect at the time of building permit
application."
5. Prior to final plat approval, submit a final plat that does not exceed a density (net) of six (6)
dwelling units per acre; unless the City of Spokane Valley amends the City Phase I Development
Regulations to allow bonus density in a PUD Overlay zone in the UR-7*zone in excess of six (6)
dwelling units per acre, in which case the final plat shall not exceed a total of 50 dwelling units.
6. Demolition of the existing outbuildings shall be permitted and final inspected by the City of
Spokane Valley Building Division prior to final plat approval.
7. An erosion control plan and methods for stabilizing the slope shall be submitted at time of
final plat application and shall be approved prior to filing the final plat with Spokane County
Auditor's Office.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
8. 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(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.
9. Frontage improvements are required for Flora Road and Baldwin Avenue.
a. Flora Road is designated as a Minor Arterial. Existing right-of-way consists of thirty
(30) feet from centerline to property frontage. Improvements required include a total
of twenty-two and one-half(22-1/2) feet of asphalt from centerline of property
frontage, Type B curb and gutter, ten(10) feet planter strip (for drainage), and a ten
(10) foot wide asphalt pathway. This requires a seven and one-half(7-1/2) foot
border easement.
b. Baldwin Avenue is designated as a Local Access Street. Existing right-of-way consists
of twenty(20) feet from centerline to property frontage. Improvements required
include a total of fifteen(15) feet of asphalt from centerline of property frontage, Type
B curb and gutter, ten(10) foot planter strip (for drainage), and a five (5) foot
sidewalk. This requires a twelve(12) foot border easement. An appropriate transition
is required to match the existing improvements to the east of the proposed project.
This will be determined at the time of street and drainage construction plan review.
10. Knox Avenue shall tie directly to existing Knox Avenue at the east property boundary.
11. Appropriate right-of-way dedication is required at the intersection of Baldwin Avenue and
Flora Road to meet the required twenty(20) foot radius. A border easement of thirteen(13) feet
shall follow this dedication around the radius.
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 16
12. Internal streets shall be public streets. Internal public streets shall follow the 2001 Spokane
County Road and Sewer Standards for design. This includes thirty(30) feet of asphalt, Type B
curbs and gutters, ten(10) foot planter strips and five (5) feet concrete sidewalks. A right-of-way
dedication of thirty-eight (38) feet is required as well as a border easements of thirteen(13) feet.
13. 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. 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.
14. 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 shall be located out of the clear zone. These
clear zone requirements can be found in the Spokane County Road and Sewer Standards.
15. Final plat language will be determined by the Public Works Department at the time of final
plat application to the City of Spokane Valley.
16. 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 on-site facilities, including but not limited to common open space tract areas, and any
other improvements that may be legally required in the future.
SPOKANE REGIONAL HEALTH DISTRICT:
17. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
18. 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.
19. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County.
20. Water service shall be coordinated through the Director of Utilities, Spokane County.
21. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
22. 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.
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 17
23. 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.
24. 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.
25. A public sewer system will be made available for the plat and individual service will be
provided to each lot prior to sale. The use of individual on-site sewage disposal systems shall not
be authorized.
26. 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."
27. The dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
28. The fmal plat dedication shall contain the following statement: "The public water system,
pursuant to the Water Plan approved by regional 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."
SPOKANE COUNTY FIRE DISTRICT NO. 1:
29. The cul-de-sac is to be named"Coach" Drive.
30. The installation of new fire hydrants are required at the following locations:
a. Northwest corner of Baldwin Avenue and Bell Road
b. Southwest corner of Knox Avenue and Bell Road.
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 18
c. Southeast corner of Knox Avenue and Flora Road.
31. If gates are proposed, then a"to scale" drawing must be submitted for review.
AVISTA UTILITIES:
32. Submit a final plat specifying the following note on the face of the final plat: "Dry" 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 "dry" 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."
SPOKANE COUNTY DIVISION OF UTILITIES:
33. The 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".
34. A public sanitary sewer easement shall be shown on the face of the plat and the dedication
shall state: "The perpetual easement granted to Spokane County, its successors and assigns is for
the sole purpose of constructing, installing, operating, maintaining, repairing, altering, replacing,
removing, and all other uses or purposes which are or may be related to a sewer system. Spokane
County, its' successors and assigns at all times hereinafter, at their own cost and expense, may
remove all crops, brush, grass or trees that may interfere with the constructing, installing,
operating, maintaining, repairing, altering, replacing, removing and all other uses or purposes
which are/may be related to a sewer system. The grantor(s) reserves the right to use and enjoy
that property which is the subject of this easement for purposes which will not interfere with the
County's full enjoyment of the rights hereby granted; provided, the Grantor(s) shall not erect or
construct any building or other structure or drill on the easement, or diminish or substantially add
to the ground cover over the easement. The easement described hereinabove is to and shall run
with the land."
35. The applicant is required to sign a Sewer Connection Agreement prior to issuance of permit
to connect.
36. The applicant shall submit expressly to Spokane County Division of Utilities, under separate
cover, only those plan sheets showing sewer plans and specification 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.
37. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization
of the project.
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 19
38. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
39. 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.
40. Security will be submitted to the Division of Utilities prior to approval of the Sewer Design
Plans.
QWEST:
41. A ten(10) foot utility easement behind all sidewalks is required. This easement cannot be
encumbered by drainage swales. Please indicate utility easements on plat.
C. Prior to or during on-site construction, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—BUILDING DIVISION:
1. Fire hydrants shall be placed on the corners of intersections and spaced no further than six
hundred(600) feet apart. If intersections are greater than six hundred(600) feet apart, a fire
hydrant shall be located on adjoining property lines within the border easement. Fire flow shall be
one thousand(1,000) gpm minimum to serve one(1) and two (2) family structures up to three
thousand six hundred(3,600) square feet.
2. Engineered grading permits may be required per Grading Ordinance No. 04-016.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT -DEVELOPMENT ENGINEERING
DIVISION:
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 then
City Engineer or by his staff.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
5. Dust emissions during demolition, construction, and excavation projects must be controlled.
This may require the use of water sprays, tarps, sprinklers or suspension of activity during certain
weather conditions.
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 20
6. Measures must 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
must 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 is required to 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 must be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application.
12. SCAPCA strongly recommends that all traveled surfaces (i. e. ingress, egress, parking areas,
access roads, etc.) be paved and kept clean to minimize dust emissions.
DATED this 7th day of September, 2005
CITY HEARING EXAMINER PRO TEM
az, (---: w
Mic ael C. Dempsey, WSBA#0 2
HE Findings, Conclusions and Decision SUB-04-05/PUD-02-05 Page 21
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 10.35 of the City of Spokane Valley Municipal Code, the decision of
the Hearing Examiner on a combined application for a preliminary plat and Planned Unit
Development Overlay zone is final and conclusive unless within fourteen(14) calendar days from
the Examiner's written decision, a person with standing regarding 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 September 7, 2005. THE APPEAL CLOSING DATE IS SEPTEMBER
21, 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 SUB-04-05/PUD-02-05 Page 22