SUB-11-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Preliminary Plat, in the )
Urban Residential-7* (UR-7*) Zone; ) FINDINGS OF FACT,
Applicant: Lots N' Land, L.L.C. ) CONCLUSIONS OF LAW,
File No. SUB-11-04 ) AND DECISION
)
I. SUMMARY OF DECISION
Hearing Matter: Application for a preliminary plat, in the Urban Residential-7* (UR-7*) zone.
Summary of Decision: Approve application, subject to conditions of approval. The preliminary
plat will expire on April 28, 2010. An application to request an extension of time for the
preliminary plat must be submitted at least 30 days prior to the expiration date.
IL FINDINGS OF FACT
1. The application seeks approval of a preliminary plat to subdivide approximately 9.35 acres
of land into 45 lots for single-family dwellings, in the Urban Residential-7* (UR-7*) zone.
2. The property is located southwest of and adjacent to the intersection of Montgomery
Avenue and Riverway Road, in the SE 1/4 of Section 7, Township 25 North, Range 45 East,
Willamette Meridian, in Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 55074.0303. The
property is legally described on the preliminary plat map of record.
4. The applicant for the proposal and the site owner is Lots N' Land, L.L.C., do Daniel D.
Rennick, 122 North Raymond Court, Spokane Valley, Washington 99206.
5. On September 13, 2004, the applicant submitted a complete application for a preliminary
plat to the Spokane Valley Department of Community Development in File No. SUB-11-04.
6. On March 11, 2005, the Spokane Valley Department of Community Development issued a
Mitigated Determination of Nonsignificance (MDNS) for the application. The MDNS was not
appealed.
7. On April 5,2005, the Hearing Examiner conducted a site visit. On April 7, 2005, the
Hearing Examiner held a public hearing on the application. The notice requirements for the
public hearing were met.
8. The following persons testified at the public hearing:
HE Findings, Conclusions and Decision SUB-11-04 Page 1
Micki Hamois, Associate Planner Sandra Raskell
City of Spokane Valley Community Traffic Engineering
Development Department, Planning Division City of Spokane Valley
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Ave Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206-6124
Stanley R. Schultz Mary Pollard
425 S. Alpine Drive 17216 E. Baldwin Ave
Liberty Lake, WA 99019-9729 Spokane Valley, WA 99016-9506
Zane Strasser Richard Harmon
2426 N. Long Road 17610 E. Mission Avenue
Spokane Valley, WA 99016-9558 Spokane Valley, WA 99016-8540
9. The public hearing was held in accordance with City Ordinance No. 03-57, as amended by
Ordinance Nos. 03-081 and 04-012; and the Hearing Examiner Rules of Procedure adopted
pursuant thereto.
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code,
City Subdivision Ordinance, 2001 City Standards for Road and Sewer Construction, 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. The subject property is approximately 9.35 acres, and relatively flat in topography. The
northwest corner of the site is improved with a single-family residence,which would be removed
for site development. The site is otherwise vegetated with pasture grass.
13. The preliminary plat map submitted on September 13, 2004 illustrates 45 lots ranging from
6,234 square feet to 11, 959 square feet in size,with an average lot size of 7,265 square feet.
The density(net) of the preliminary plat is 6.0 dwelling units per acre. Standard setbacks of the
UR-7 zone are illustrated. All utilities would be installed underground.
14. The preliminary plat map illustrates an internal public road system that intersects
Montgomery Avenue in two locations and Riverway Road in one location. Public sewer would
be extended to the site from Barker Road via Riverway Road. Public water is currently available
in Montgomery Avenue
15. In approximately 1994, Spokane County approved an area-wide rezone that reclassified the
zoning of the site, and the other land in the area lying between Mission Avenue on the south and
the Spokane River on the north, west of Barker Road, from the Urban Residential-3.5 (UR-3.5)
zone to the Suburban Residential-1 (SR-1) zone of the County Zoning Code. The zoning of the
land lying south of Mission Avenue, west of Barker Road, remained UR-3.5. See decision in
File No. ZE-17-94.
HE Findings, Conclusions and Decision SUB-11-04 Page 2
16. 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.
17. The County Comprehensive Plan designated the site and neighboring land in the Low
Density Residential category; and designated the land lying south of Mission Avenue, east of
Barker Road, in the Medium Density Residential category.
18. The County Phase I Development Regulations designated the site and the general area in
the UGA, reclassified the zoning of the site and other land in the area lying west of Barker Road
and zoned SR-1 zone to the UR-7 zone, and retained the UR-3.5 zoning of the land lying south of
Mission Avenue, west of Barker Road, in the area.
19. The County Phase I Development Regulations restricted the residential density(net) of land
reclassified to the UR-7 zone under such regulations to six (6) dwelling units per acre.
20. On March 31, 2003, the City of Spokane Valley was incorporated. The site and area are
located in the east end of the city. The City of Liberty Lake lies approximately 1.5 miles east of
the site.
21. Upon incorporation, the City of Spokane Valley 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. The City adopted the designation"UR-7*" to
identify UR-7 zoning established under the County Phase I Development Regulations, within
which residential density(net) is limited to six (6) dwelling units per acre.
22. 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.
23. Neighboring land consists of parcels ranging from one-fourth (1/4) of an acre to
approximately five (5) acres in size,which are developed with single-family dwellings, and some
associated farming and large animal keeping on acreage parcels; along with some undeveloped
parcels.
24. On December 8, 2003, the City approved the preliminary plat/PUD of Flora Springs, and a
Planned Unit Development Overlay zone, to divide 9.54 acres of land located along the north
side of Mission Avenue, approximately 750 feet east of Long Road, into 54 lots for single-family
dwellings and 1.4 acres of common open space, in the UR-7* zone. The approval required the
density(net) of the preliminary plat/PUD to be reduced from 6.46 dwelling units per acre to six
(6) dwelling units per acre. The single-family lots in such project range from 5,000 square feet to
11,512 square feet in size, with most lots being approximately 5,000 square feet. See Hearing
Examiner decision in File No. PE-1921-03/PUDE-5-03.
HE Findings, Conclusions and Decision SUB-11-04 Page 3
25. On March 12, 2004, the City approved a rezone for 7.87 acres of a 8.79-acre parcel located
at the northeast corner of the intersection of Barker Road and Mission Avenue, from the
Community Business (B-2) zone to the Urban Residential-7 (UR-7) zone; and approved a
preliminary plat to divide such parcel into 21 lots, including 20 lots to accommodate a total of 40
two-family(duplex) dwelling units on the portion of the parcel rezoned to the UR-7 zone, and
one (1) lot for unspecified commercial development on the .92-acre portion of the parcel
remaining in the B-2 zone. See Hearing Examiner decision in File No. SUB-11-04.
26. On July 20, 2004, the City approved a preliminary plat application, submitted by the current
applicant, to subdivide 11.59 acres of land located along Baldwin Avenue, west of Tschirley
Avenue and Tschirley Avenue extended north of Indiana Avenue, into 55 lots for single-family
dwellings, in the UR-7* zone. The preliminary plat has a density(net) of 5.92 dwelling units per
acre, lots ranging from 6,222 square feet to 17,947 square feet in size, and an average lot size of
approximately 7,360 square feet. See Hearing Examiner decision in File No. SUB-05-04.
27. During the mid-1990s, the preliminary plat of Flora Meadows was approved, through a
decision issued by the Washington State Supreme Court, on nine (9) acres of land lying along the
north side of Baldwin Avenue, between Flora Road and the preliminary plat approved in File No.
SUB-05-04; excluding a 1.2-acre parcel located directly west of the preliminary plat in File No.
SUB-05-04. See File No. PE-1706-93. The preliminary plat would divide nine (9) acres 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 has been granted numerous time extensions.
28. On October 26, 2004, the City approved the preliminary plat of Flora Estates (SUB-08-04),
to divide 3.67 acres of land located at the southeast corner of the intersection of Flora Road and
Mission Avenue, into 18 lots for single-family dwellings, and a rezone of such acreage to the
UR-7* zone. The preliminary plat has a density(net) of 5.7 dwelling units per acre, lot sizes
ranging from 6,587 square feet to 9,928 square feet, and an average lot size of 7,169 square feet.
See Hearing Examiner decision in File No. REZ-11-04/SUB-08-04.
29. On March 15, 2005, the City approved a preliminary plat to divide 3.18 acres of land
located along the south side of Baldwin Avenue, south of the preliminary plat approved in File
No. SUB-05-04, into eleven (11) lots for single-family dwellings, in the Urban Residential-7*
(UR-7*) zone. The preliminary plat has a density(net) of 4.01 dwelling units per acre,proposed
lots ranging from 8,194 square feet to 14,696 square feet in size, and an average lot size of
10,863 square feet. See decision in File No. SUB-12-04. The decision in such file erroneously
stated that preliminary plat is located along the north side of Baldwin Avenue.
30. On April 7, 2005, the Hearing Examiner conducted a public hearing on two preliminary
plat applications, which sought to subdivide land located along the north side of Mission
Avenue, west of the preliminary plat approved in PE-1921-03/PUDE-5-03, and south and
southwest of the preliminary plat approved in File No. SUB-12-04. This included the division of
3.25 acres into 13 lots for single-family dwellings and .2 acres of common open space, at a
HE Findings, Conclusions and Decision SUB-i 1-04 Page 4
density(net) of approximately 5.18 dwelling units per acre; and the division of 3.02 acres of land
into 10 lots for single-family dwellings, at a density(net) of approximately 4.4 dwelling units per
acre; both under the UR-7* zone. See applications in File Nos. SUB-01-05 and SUB-03-05.
31. The I-90/Barker Road interchange is located approximately two-thirds (2/3) of a mile
driving distance southeast of the site. Flora Road passes over I-90 to the southwest, but does not
directly access the freeway at such location. Trent Avenue (SR-290), located a few miles to the
north, is a state highway. The Spokane River is located approximately 1,000 feet northeast of the
site at its closest point.
32. The land located east of Barker Road, between the Spokane River and Mission Avenue, is
developed with single-family dwellings at urban densities, on land zoned UR-3.5 or UR-7. Some
limited commercial uses are found north of the interchange along Barker Road. A community
learning center is located along the south side of Barker Road, south of Mission Avenue. A wide
range of commercial uses is found a few miles west and southwest of the site, respectively, along
Broadway Avenue, Sullivan Road and Sprague Avenue.
33. The City Arterial Road Plan designates Barker Road and Sprague Avenue as Urban
Principal Arterials, Mission Avenue as an Urban Collector Arterial, and Flora Road and
Broadway Avenue as Urban Minor Arterials. The other roads in the vicinity are Urban Local
Access roads. The Spokane Centennial Trail is located along the south side of the Spokane River
in the area.
34. Several owners of neighboring properties expressed opposition to the proposal; based on
concerns over lot size, density, inconsistency with the current UR-3.5 zoning of the site and area,
lack of planning for area, lack of recreational opportunities in project, sewer capacity, impacts to
Spokane River and Spokane aquifer, traffic capacity and safety impacts along narrow roads and
in area, school impacts, impacts on property values, increased crime, cumulative impacts from
new subdivisions in area, need for a sub-area transportation plan and impact fees, stormwater
concerns, consideration of a multi-use trail instead of sidewalk along one side of public roads in
• area, need for fencing of urban developments from existing uses, and other concerns.
35. RCW 36.70B.030 provides that comprehensive plans and development regulations adopted
under the State Growth Management Act(GMA) shall serve as the foundation for the local
review of land use projects. During project review, a local government planning under the State
GMA may not reexamine alternatives on the type of land use permitted on property, if the criteria
for their approval has been satisfied; the density of residential development in urban growth
areas; or the availability and adequacy of public facilities identified in a comprehensive plan, if
the comprehensive plan or development regulations provide for funding of such facilities as
required by GMA; provided, such items are defined in applicable regulations, or in the absence
of such regulations, the comprehensive plan adopted for the local government. In such case, the
applicable regulations or comprehensive plan,are considered determinative.
36. 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.
HE Findings, Conclusions and Decision SUB-I1-04 Page 5
37. Policy UL.9.2 of the Comprehensive Plan recommends that the City seek to achieve an
average residential density in new development of at least four(4) dwelling units per acre,
through a mix of densities and housing types. Policy UL.8.1 recommends that mixed-income
development be provided for in residential areas. The density and type of housing planned in the
preliminary plat implements these policies.
38. Policy UL.2.14 of the Comprehensive Plan recommends that separated sidewalks be
required on public roads in all new residential subdivisions. Policy T.3e.1 recommends that the
City transportation network provide safe and convenient bicycle and walking access between
housing, recreation, shopping, schools, community facilities and mass transit access points; and
that obstructions and conflicts with pedestrian and bicycle movement be minimized. The
preliminary plat is consistent with such policies by providing for separated sidewalks along the
public roads fronting the site and within the project.
39. Policy UL.2.20 of the Comprehensive Plan encourages new developments to be arranged in
a pattern of connecting streets and blocks, to allow people to get around easily by foot, bicycle,
bus or car. The preliminary plat currently implements such policy.
40. Policy T.4a.2 of the Comprehensive Plan recommends that the capacity of existing roads be
maximized to minimize the need for new or expanded roads, through the use of signalization,
improved signage and other means. 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. 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
considering bordering arterial routes.
42. The City Road Standards require the construction of curb, gutter and separated 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, and in approving design deviations under
appropriate circumstances. See Road Standards, Chapter 3.
43. The preliminary plat is vested for development under the zoning and other development
regulations in place on September 13, 2004,when a complete application was submitted for the
preliminary plat. See RCW 58.17.033 and Section 12.100.114 of County Subdivision Ordinance.
This includes consideration of the site under the UR-7* zoning that applied to the site at the time
a complete application was submitted, instead of the current UR-3.5 zoning.
HE Findings, Conclusions and Decision SUB-11-04 Page 6
44. The UR-7 zone is intended to add to the variety of housing types and densities in urban
areas, and to provide standards for the orderly development of residential property in a manner
that provides a desirable living environment that is compatible with surrounding land uses and
assures the protection of property values. The UR-7 zone permits the development of single-
family homes, duplexes, multi-family dwellings and certain other uses.
45. The City Phase Y Development Regulations limit new residential development on land
rezoned to the UR-7* zone,pursuant to such regulations, to a maximum density of six (6)
dwelling units per acre. This includes the present site. The UR-7 zone otherwise permits a
density of seven (7) dwelling units per acre. 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.
46. The density(net) of the preliminary plat is at the maximum density(net) of six (6) dwelling
units per acre permitted in the UR-7* zone, and recommended in the Low Density Residential
category of the Comprehensive Plan; and is comparable to the density(net) of three preliminary
plats recently approved in the north Greenacres area under the UR-7* zone. See decisions in File
Nos. PE-1921-03/PUDE-5-03, REZ-11-04/SUB-08-04 and SUB-05-04. Urban residential
housing and zoning are located one-fourth (1/4)mile east of the site, east of Barker Road.
47. The UR-7 zone requires the installation of a 6-foot high, sight-obscuring screen along the
boundaries of a development site lying adjacent to UR.3.5 zoning,but not adjacent to UR-7
zoning. The applicant requested that it not be required to comply with such screening
requirement along the borders of the site currently zoned UR-3.5; because at the time the
application was submitted adjoining properties were zoned UR-7. There is no buffering
requirement in the UR-3.5 zone.
48. Because the site and adjoining properties were zoned UR-7* at the time a fully completed
application for the preliminary plat was submitted by the applicant, the application is not subject
to the screening requirement of the UR-7 zone. There is no basis to impose special buffering
requirements for any adjacent large animal keeping, since large animal keeping is a
nonconforming use in the UR-3.5 zone that applies to neighboring properties. The Examiner
came to a similar conclusion in the decision approving the preliminary plat in File No. SUB-12-
04.
49. The applicant submitted a trip distribution analysis letter on January 3, 2005 prepared by a
consulting traffic engineer. City Engineering commented that the analysis should have assigned
a higher percentage of traffic to Barker Road north of the site, and assigned a percentage of
traffic through the Trent Avenue/Barker Road intersection; but found such analysis to meet the
City's requirements for traffic impact analysis, and that the deficiencies in the trip distribution
analysis would not affect required mitigation for the proposal. See letter dated 1-3-05 from
Sandra Raskell.
HE Findings, Conclusions and Decision SUB-I1-04 Page 7
50. The City plans to widen Barker Road in the area between Boone Avenue and the Spokane
River, which project would include the installation of a traffic signal at the intersection of Barker
Road and Mission Avenue in the fall of 2006 or the spring of 2007. Existing traffic safety and
capacity problems at the intersection of Trent Avenue and Barker Road will be addressed by the
Washington State Department of Transportation, through the Bridging the Valley program. City
Engineering concluded that off-site mitigation for the project should be limited to making a
financial contribution to the installation of a traffic signal at the intersection of Barker Road and
Mission Avenue. See letter dated 1-3-05 from Sandra Raskell, and testimony of Sandra Raskell.
51. City Engineering conditions of approval require the applicant to improve Montgomery
Avenue and Riverway Road along the frontage of the site, including the installation of additional
asphalt, curb, gutter,planting strip and separated sidewalk; and to full improve the internal public
streets in the project to City standards. The conditions also require the applicant to contribute
1.22% toward the cost of the planned traffic signal at the intersection of Mission Avenue and
Barker Road.
52. The applicant may request City Engineering for a design deviation under the City Road
Standards, if the applicant wishes to install a pedestrian path along the frontage of the site with
Baldwin Avenue instead of sidewalk. There is no basis for the Examiner under the City Road
Standards to mandate installation of a pedestrian path instead of a sidewalk along the adjacent
public roads.
53. City Engineering certified transportation concurrency for the project on February 17, 2005,
as required by the City Phase I Development Regulations. City Engineering considered
cumulative traffic impacts in reviewing new developments and certifying transportation
concurrency. The roads in the area will logically be widened and improved as the properties in
the area are developed under the UR.3.5 zone.
54. Project opponents did not submit competent traffic engineering evidence to support their
concerns regarding the impacts of the proposal on traffic safety and capacity; or to establish that
the project will not meet transportation concurrency requirements, cause a failing level of service
at area intersections, or have any significant adverse impact on the local transportation system.
55. The environmental checklist submitted for the project indicates that stormwater runoff on
the site will be collected and treated in retention pond with biofiltration treatment swales, and
disposed of in drywells. City Engineering conditions of approval require the proposal to submit a
final drainage plan that complies with the Guidelines for Stormwater Management adopted by
the City, which require stormwater treatment, erosion control during construction,protection of
on-site improvements, and protection of adjacent properties from additional stormwater impacts.
56. The City Phase I Development Regulations do not require direct concurrency for park and
recreation facilities, or for schools, regarding new development. Central Valley School District
commented that it has sufficient capacity to service the future public school students in the
project, although some elementary and middle school students would have to be bussed to
schools located in the district but outside the area where the site is located.
HE Findings, Conclusions and Decision SUB-11-04 Page 8
57. The nearest public park and recreation facility to the site is the Spokane Centennial Trail,
located along the south side of the Spokane River in the area. A City park is located a few miles
driving distance west of the site, along the west side of Sullivan Road, immediately north of the
Spokane River.
58. County Utilities certified that public sewer was available to the site through developer
extension, and expects to extend public sewer to the area by 2010. Public sewering of the
proposal would require the applicant to install a lift station, and off-site sewer facilities. The
conditions of approval recommended by the Spokane Regional Health District and County
Utilities require the preliminary plat to be served with public sewer and water. The proposal
meets the public sewer concurrency requirements of the City's Phase I Development Regulations,
based either on the requirement for public sewer extension, or location of the site within the
County's 6-year sewer capital program area.
59. Consolidated Water District No. 19 certified that public water was available to serve the
site, the project is consistent with the district's State approved water system plan, and the water
system has a current State operating permit that can accommodate the number of lots in the
project. The public water concurrency requirements of the City Phase I Development
Regulations are met. County Fire District 1 conditions require the installation of two new fire
hydrants in the project
60. The letter dated March 22, 2005 from the Spokane Tribe of Indians indicates that the tribe
has a high concern regarding the project, as recorded tribal historical sites are found close to the
project area. However, the letter does not establish a sufficient basis to require the applicant to
search for artifacts or human remains on the subject property, as requested by the Tribe. The
MDNS contains adequate requirements if archaeological resources are discovered on the site
during construction. The Examiner has added such requirements as a condition of approval.
61. Considering the urban zoning of the site and area, and other preliminary plats recently
approved in the north Greenacres area, 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.
62. 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.
63. The preliminary plat has been conditioned for compliance with the UR-7* zone, the City
Zoning Code, the City Subdivision Ordinance, and other applicable development regulations.
64. There is no competent evidence in the record to conclude that the project will have any
significant adverse impact on property values in the area. As conditioned, the project will be
HE Findings, Conclusions and Decision SUB-11-04 Page 9
reasonably compatible with neighboring land uses, and will not adversely impact the public
health, safety and general welfare.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The preliminary plat and dedication, as conditioned, conform to the City Comprehensive
Plan and will serve the public use and interest.
2. The preliminary plat and dedication, as conditioned, make appropriate provision for the
public health, safety and general welfare; and also make appropriate provision for open spaces,
roads, drainage ways, schools and school grounds, playgrounds, parks and recreation, sidewalks
for children who walk only to school, noise and dust emissions, 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 proposed preliminary plat, as conditioned, conforms to the City Comprehensive Plan,
and bears a substantial relationship to the public health, safety and welfare.
5. The procedural requirements of the State Environmental Policy Act and the City's Local
Environmental Ordinance have been met. The MDNS issued for the preliminary plat was
appropriate.
6. The proposal, as conditioned, complies with the UR-7* zone, 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 preliminary plat application is appropriate under the City Zoning Code and
City Ordinance No. 03-057, as amended by City Ordinance Nos. 03-081 and 04-012.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
preliminary plat 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.
HE Findings, Conclusions and Decision SUB-11-04 Page 10
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 conditions:
The following are general conditions of approval that apply to the preliminary plat in File No.
SUB-11-04 (D-2 Preliminary Plat):
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. The proposal shall comply with the provisions of Chapter 14.618 (Urban Residential-7*
Zone), and other applicable requirements of the City Interim Zoning Code and City Interim
Subdivision Ordinance. The applicant is not required to install sight-obscuring screening along
the borders of the site.
1a. The Spokane Tribe of Indians commented that it has a high concern regarding the
proposal, because of the location of recorded historical sites close to the subject property. Upon
any discovery of potential or known archaeological resources at the site prior to or during on-
site construction, the developer, contractor, and/or any other parties involved in construction
shall immediately cease all on-site construction, shall act to protect the potential or known
historical and cultural resources area from outside intrusion, and shall notify, within a maximum
period of twenty fours from the time of discovery, the City of Spokane Valley Community
Development Department of said discovery.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
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 shall be located out of the clear zone. These
clear zone requirements can be found in the Spokane County Road and Sewer Standards.
SPOKANE REGIONAL HEALTH DISTRICT:
3. Water service shall be coordinated through the Director of Utilities, Spokane County.
4. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
5. The sewage disposal method shall be authorized by the Director of Utilities, Spokane
County.
HE Findings, Conclusions and Decision SUB-11-04 Page 11
B. Prior to final plat approval, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—
PLANNING DIVISION:
1. Submit a final plat containing the following note on the face of the plat: "All lots within
this plat shall comply with the building setback requirements, maximum building height
standard, maximum lot coverage standard and other applicable lot development standards for the
UR-7 zoning district."
• la. Submit a final plat that substantially conforms to the preliminary plat map submitted on
September 13, 2004; and that conforms to the UR-7*zone, and all other applicable requirements
of the City Interim Zoning Code and City Interim Subdivision Ordinance.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT
ENGINEERING DIVISION:
2. Montgomery Avenue and Riverway Road shall be improved as follows:
• Install fifteen (15) feet of asphalt from centerline along the property frontage, two (2) feet
curb and gutter, a ten (10) foot planter strip and a five (5) foot sidewalk. This requires a two (2)
foot border easement.
3. All 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 curb and gutter, a ten (10) foot planter strip and a five (5) foot concrete sidewalk. A right-
of-way dedication of thirty-eight (38) feet is required as well as a thirteen (13) foot border
easement on both sides of the streets.
• 4. The applicant shall contribute 1.22% of the cost of the proposed traffic signal at Barker
Road and Mission Avenue. This shall be paid prior to final plat.
SPOKANE COUNTY DIVISION OF UTILITIES:
5. The final plat shall contain the following note: "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".
6. 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.
HE Findings, Conclusions and Decision SUB-11-04 Page 12
7. Sewer plans acceptable to the County Division of Utilities shall be submitted prior to the
finalization of the project.
8. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
9. Pursuant to the City Phase I Development Regulations, 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.
10. Security shall be submitted to the Division of Utilities prior to approval of the Sewer
Design Plans.
SPOKANE REGIONAL HEALTH DISTRICT:
11. 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.
12. 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 shall certify, prior to the
filing of the final plat, on the face of the 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.
13. The purveyor will certify prior to the filing of 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 schedule. The time schedule will
provide, in any case, for completion of the water system and inspection by the appropriate health
authorities prior to application for building permits within the plat. The contractual arrangements
will include a provision holding the City of Spokane Valley, Spokane Regional Health District,
and the purveyor harmless from claims by any lot purchaser refused a building permit due to the
failure of the plat sponsor to satisfactorily complete the approved water system.
14. 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.
15. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
16. Submit a final plat containing the following dedication note on the face of the final plat:
"A public sewer system will be made available for the plat and individual service will be
HE Findings, Conclusions and Decision SUB-11-04 Page 13
provided to each lot prior to sale. Use of individual on-site sewage disposal systems shall not be
authorized."
17. Submit a final plat containing the following dedication note on the face of the final plat:
"Use of private wells and water systems is prohibited."
18. Submit a final plat containing the following dedication note: "The public water system,
pursuant to the Water Plan approved by regional and State heath authorities, the local fire
protection district, 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."
19. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the City Planning Division 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.
C. Prior to or during on-site construction the applicant or successors in interest shall:
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
1. 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 (as adopted by the City of Spokane Valley), and all
other applicable standards.
2. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
3. A Temporary Erosion and Sedimentations Control (TESC)plan,prepared by a Washington
State licensed Professional Engineer, shall be prepared and submitted with the site construction
plans. The TESC plan shall follow 1998 Spokane County Guidelines for Stormwater
Management, as adopted by the City. The TESC structures (such as silt ponds, silt traps) shall be
installed prior to the start of site work, and the TESC measures shall be implemented and
maintained throughout the duration of construction and until the site has stabilized.
4. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed Washington State Professional Engineer/Land Surveyor, who
shall furnish the City Engineer with a Construction Certification Package including"Record
Drawing"plans and a certificate in writing that all improvements were installed to the lines and
grades shown on the approved construction plans and that all disturbed monuments have been
replaced. The Certification Package shall follow current Spokane Valley standards. All work is
subject to inspection by the City Engineer or by his staff.
5. Appropriate signing will be determined at the time of construction plan submittal.
HE Findings, Conclusions and Decision SUB-11-04 Page 14
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
6. 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.
7. 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.
8. Debris generated as a result of this project shall be disposed of by means other than
burning.
9. If objectionable odors result from this project, effective control apparatus and measures
must be taken to reduce odors to a minimum.
10. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
11. 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 Construction application.
12. 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.
13. 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.
WASHINGTON STATE DEPARTMENT OF ECOLOGY
14. Landscaping should incorporate waste prevention measures and the use of organic
materials. Water needs are reduced by use of native and drought tolerant plantings, compost
material, mulch, and drip irrigation. Pesticide and herbicide use is eliminated or reduced by use
of pest resistant and native plantings. Compost is also an effective soil amendment. Chipped
woody debris can be used to mulch ornamental beds, suppress weeds, retain moisture, control
erosion, and provide a base for pathways. It is also recommended to use organic debris
generated on-site if possible for landscaping.
HE Findings, Conclusions and Decision SUB-11-04 Page 15
15. The applicant is to use construction products containing recycled and non-toxic materials
whenever possible, to reuse and recycle all leftover construction materials, reduce waste
generated and practice "Green Building"principals in all aspects of the project. Recycling
construction debris is typically less expensive than disposal.
16. The applicant is to salvage, reuse, and recycle as much of the solid waste, including
demolition waste, as possible. Demolition waste must be disposed of at a permitted solid waste
facility.
17. The water purveyor is responsible for ensuring that the proposed use(s) are within the
limitations of its water rights.
SPOKANE COUNTY FIRE DISTRICT NO. 1
18. The installation of two (2)new fire hydrants is required at the southeast corner of
Montgomery Avenue and Eden Road and the northeast corner of Know Avenue and Moen
Road.
19. If gates are proposed, then a"to scale" drawing must be submitted.
AVISTA UTILITIES
20. A ten (10) foot wide easement strip shall be reserved along the east property line. The ten
(10) foot utility easement should be identified in Lots 1 through 45.
21. There is an existing natural gas pipeline along Montgomery Avenue, which appears to be
located in the public right-of-way.
22. The following dedication language is to be included on the plat: "Utility easements shown
on the herein described plat are hereby dedicated for the use of serving utility companies for the
construction, reconstruction, maintenance, protection, inspection and operation of their
respective facilities, together with the right to prohibit changes in grade that will reduce the
existing coverage over installed underground facilities and the right to trim and/or remove
trees, bushes, landscaping and to prohibit structures that may interfere with the construction,
reconstruction, reliability, maintenance, and safe operation of same."
DATED this 28th day of April, 2005
CITY HEARING EXAMINER PRO TEM
Mich el C. Dempsey, WSBA#
HE Findings, Conclusions and Decision SUB-11-04 Page 16
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City Ordinance No. 03-057, as amended by City Ordinance Nos. 03-081 and
04-012, the decision of the Hearing Examiner on a preliminary plat is final and conclusive unless
within twenty-one (21) calendar days from the issuance of the Examiner's decision, a party with
standing files a land use petition in superior court pursuant to chapter 36.70C RCW. Pursuant to
chapter 36.70C RCW, the date of issuance of the Hearing Examiner's decision is three (3) days
after it is mailed.
This Decision was mailed by Certified Mail to the Applicant, and by first class mail to other
parties of record, on April 28, 2005. The date of issuance of the Hearing Examiner's decision is
therefore May 2, 2005. THE LAST DAY FOR APPEAL OF THIS DECISION TO
SUPERIOR COURT BY LAND USE PETITION IS MAY 23, 2005.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-7490. The file may be
inspected during normal working hours, listed as Monday-Friday of each week, except holidays,
between the hours of 8:30 a.m. and 5:00 p.m. After the appeal period, the file may be inspected
at the City of Spokane Valley Department of Community Development, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, 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-11-04 Page 17