SUB-12-04 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-12-04 ) 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 March 15, 2010. An application to request an extension of time for the
preliminary plat must be submitted at least 30 days prior to the expiration date.
II. FINDINGS OF FACT
1. The application seeks approval of a preliminary plat to subdivide approximately 3.18 acres
of land into eleven (11) lots for single-family dwellings, in the Urban Residential-7* (UR-7*)
zone.
2. The property is located along the north side of Baldwin Avenue, approximately 650 feet
east of the intersection of Flora Road and Baldwin Avenue, in the SW 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. 55073.1235, and is
addressed at 17310 East Baldwin Avenue, Spokane Valley, Washington. 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., c/o Ken Tupper,
122 North Raymond Court, Spokane Valley, Washington 99206.
5. On September 21, 2004, the applicant submitted a complete application for a preliminary
plat to the Spokane Valley Department of Community Development in File No. SUB-12-04.
6. On February 4, 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 March 3, 2005, the Hearing Examiner held a public hearing on the application. The
notice requirements for the public hearing were met.
HE Findings, Conclusions and Decision SUB-12-04 Page 1
8. The Examiner left the record open after the hearing until March 7, 2005, to allow Stanley
R. Schultz to submit a letter on behalf of the applicant, regarding the waiver of vested rights.
The Examiner conducted a site visit on March 2,2005.
9. The following persons testified at the public hearing:
Micki Harnois, 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 Ste 106
Spokane Valley,WA 99206 Spokane Valley, WA 99206-6124
Greg McCormick, Planning Manager Stanley R. Schultz
City of Spokane Valley Community 425 S. Alpine Dr
Development Department, Planning Division Liberty Lake, WA 99019-9729
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
Mary Pollard Jeffrey N. Logan
17216 E. Baldwin Ave USKH, Inc.
Spokane Valley, WA 99016-9506 621 W Mallon Ave Suite 309
Spokane, WA 99201-2181
10. 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.
11. 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.
12. 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. The record also includes a letter from Stanley Schultz dated March 7, 2005
and received by the Examiner on March 9, 2005. The letter was timely received by e-mail to the
Examiner on March 7, 2005.
13. The site is approximately 3.18 acres in size. The site has rolling topography, with some
relatively steep slopes up to 28% located in the north end of the site, and the remainder of the site
generally having a slope of less than 5%. An existing residence with attached garage is located
on the site near Baldwin Avenue, and two sheds are found in the southeast corner of the property.
The property is vegetated with pasture grass.
14. The applicant submitted a revised preliminary plat map on December 20, 2004, which is the
preliminary plat map of record for the proposal. The plat map illustrates 11 lots ranging from
8,194 square feet to 14,696 square feet in size, with an average lot size of 10,863 square feet.
HE Findings, Conclusions and Decision SUB-12-04 Page 2
The density(net) of the preliminary plat is 4.01 dwelling units per acre. Standard setbacks of the
UR-7* zone are illustrated. All utilities would be installed underground.
15. The preliminary plat map illustrates an internal public road extended southwesterly from
Baldwin Avenue to the south border of the site. The map illustrates a future connection of the
public road to Mission Avenue, through development projects proposed by others south of the
site. Public sewer and other utilities would be extended in the public road from facilities
developed south of the site.
16. The preliminary plat map indicates that the existing residence would remain on the site,but
the two sheds would be removed for site development. The preliminary plat illustrates a 5-foot
road dedication along the frontage of the site with Baldwin Avenue.
17. 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.
18. In approximately 1994, the 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, 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 decision in
File No. ZE-17-94.
19. 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.
20. 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 that
was zoned SR-1 zone to the UR-7 zone, and retained the UR-3.5 zoning of the land lying south
of Mission Avenue in the area.
21. 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.
22. On March 31, 2003, the City of Spokane Valley was incorporated. The site and area are
located in the extreme east end of the city,with the city limits located 1.25 miles east of the site.
23. 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. The City adopted the designation"UR-7*"to identify UR-7 zoning
established under the County Phase I Development Regulations, with residential density(net)
limited to six (6) dwelling units per acre.
HE Findings, Conclusions and Decision SUB-12-04 Page 3
24. 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.
25. Neighboring land consists primarily of single-family dwellings on acreage parcels, with
some associated farming and large animal keeping. Wire fencing on neighboring properties
surrounds the site on the west and east, and wire fencing is also found along the south boundary
of the site. The property located between the site and Mission Avenue is in the process of being
cleared for the installation of public sewer and other utilities, and the development of new
housing.
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 directly north and northeast of the site, across
Baldwin Avenue, into 55 lots for single-family dwellings, in the UR-7* zone. The lots in such
proposal range from 6,222 square feet to 17,947 square feet in size, with the average lot size
being approximately 7,360 square feet. The density(net) of the preliminary plat is 5.92 dwelling
units per acre. See Hearing Examiner decision in File No. SUB-05-04. Such acreage currently
consists of an open field that is being cleared for development.
27. The land located between the southerly three fourths (3/4) of the preliminary plat approved
in File No. SUB-5-04 and Flora Road, north of Baldwin Road, except for a 1.2-acre parcel
located directly west of the south end of such acreage that abuts Flora Road, is currently
approved for the preliminary plat of Flora Meadows, in File No. PE-1706-93. Such preliminary
plat would divide nine (9) acres of land 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 1990s, and has been
subject to a number of time extensions.
28. 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 lying directly southeast of
the site, along the north side of Mission Avenue, 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.
29. On October 26, 2004, the City approved the preliminary plat of Flora Estates (SUB-08-04)
to divide 3.67 acres of land located 750 feet southwest of the site, 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 density(net) of such project is 5.7 dwelling units
per acre. The proposed lots range in size from 6,587 square feet to 9,928 square feet, with an
average lot size of 7,169 square feet. See Hearing Examiner decision in File No. REZ-11-
04/SUB-08-04.
HE Findings, Conclusions and Decision SUB-12-04 Page 4
30. The land lying west of Flora Road, south of Mission Avenue, in the vicinity 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
approximately 1.5 miles driving distance to the southwest; along Broadway Avenue, east of
Sullivan Road; and along Sprague Avenue, east and west of Flora Road.
31. The I-90Barker Road interchange is located approximately 1.3 miles driving distance from
the site, and the I-90/Sullivan Road interchange is located approximately 1.9 miles driving
distance from the site. The Spokane River is located approximately .3 miles north of the site at
its closest point.
32. 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 1-90 to the southwest, but does not directly access the
freeway at such location.
33. The owners (Pollards) of the 1.7-acre parcel located directly west of the site, which parcel
is improved with a single-family dwelling originally constructed in 1900 and fenced for horses,
expressed several concerns regarding the preliminary plat. This included potential flooding of
the site during frozen ground conditions and summer stone events, preservation of a natural
drainage way on the site, development of the site under the UR-7 zone instead of the UR-3.5
zone, public sewer capacity,provisions for parks, housing density, construction of sewer
facilities on the property lying south of the site before development approval, noise and limiting
hours of construction, the need for a uniform sight-obscuring fencing on the west and east
borders of the property adjacent to neighboring horse pastures, potential loss of frontage for the
extension of a sidewalk along the south side of Baldwin Avenue, request for a pedestrian path
instead of sidewalk along the south side of Baldwin Avenue,planting of trees in the project,
exterior lighting impacts, and other concerns.
34. The owners(Loweree) of acreage property located northeast of the site along Indiana
Avenue requested that a public road be extended through the site to Mission Avenue. The
owners (Tobins) of acreage property located one (1) lot west of the site questioned whether the
public road in the project should be 60 feet wide instead of 38 feet wide, and requested that such
road be extended to Mission Avenue. No other public comments were received regarding the
project.
35. 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.
36. Policy UL.9.2 recommends that the City seek to achieve an average residential density in
new development of at least four (4) dwelling units per acre, through a mix of densities and
housing types. Policy UL.8.1 recommends that mixed-income development be provided for in
HE Findings, Conclusions and Decision SUB-12-04 Page 5
residential areas. The density and type of housing planned in the preliminary plat implements
these policies.
37. 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 road fronting the site and within the project.
38. 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.
39. 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
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.
40. 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.
41. 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.
42. 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.
43. The City Phase I Development Regulations Iimit 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.
HE Findings, Conclusions and Decision SUB-12-04 Page 6
44. The density(net) of the preliminary plat of 4.01 dwelling units per acre is significantly less
than the maximum density permitted in the UR-7* zone, and the density of other developments
in the UR-7* zone in the vicinity; and is also less than the maximum density(net)permitted in
the UR-3.5 zone of 4.35 dwelling units per acre.
45. The preliminary plat is vested for development under the zoning and other development
regulations in place on September 21, 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 zone.
46. The applicant requested that its vested rights be selectively waived to allow consideration
of the preliminary plat under the development standards of the UR-7* zone, except for lot
frontages and certain lot areas (for the proposed lots less than 10,000 square feet) that do not
comply with the development standards of the UR-3.5 zone.
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 west, east and south borders of the site; because at the time the application
was submitted, adjoining properties were zoned UR-7, and the screening requirement of the UR-
7 zone did not apply to the preliminary plat.
48. Mary Pollard, the owner of the property adjoining the site on the west, requested that the
screening requirement of the UR-7 zone be imposed, to provide a buffer for large animal-keeping
on her property and the acreage property located directly east of the site, and to provide uniform
fence along the west and east borders of the property.
49. The applicant pointed out that if the preliminary plat was developed under the current UR-
3.5 zoning of the site, there would be no screening requirement; although the lot frontages and
some of the lot sizes in the preliminary plat would have to be adjusted to comply with the
development standards of the UR-3.5 zone. The applicant also pointed out that the screening
requirement applies at the time of building permit, such that the uniformity of fencing along the
borders of the site is not assured.
50. 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. Further, since large animal-keeping is a
nonconforming use in the UR-3.5 and UR-7 zones, there is no basis to impose special buffering
requirements for adjacent large animal-keeping.
52. The applicant may request City Engineering for a design deviation under the City Road
Standards, if it 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 Baldwin Road.
HE Findings, Conclusions and Decision SUB-12-04 Page 7
53. The applicant submitted a trip generation analysis for the preliminary plat and the
applicant's approved preliminary plat located across Baldwin Road from the site. Based on such
analysis, City Engineering requested that the applicant contribute .29% of the cost of installing a
traffic signal at the intersection of Barker Road and Mission Avenue. The City properly certified
that the preliminary plat met the transportation concurrency requirements of the City Phase I
Development Regulations.
54. City Engineering provided testimony that there was no right of way dedication required for
Baldwin Avenue. The existing 40-foot width of Baldwin Road exceeds the 38-foot right of way
width required for an Urban Local Access road under the City Road Standards,which standards
are based on the 2001 County Road Standards.
55. The Examiner takes notice that the County Road Standards in place before 1995 provided
the same improvement standards as the 2001 County Road for a Local Access road,but required
a right of way width of 50 feet for a Local Access road. See 1991 County Road Standards. This
was needed to accommodate sidewalk within the right of way. Later County road standards
placed the sidewalk and planting strip outside the right of way in a border easement, allowing a
lesser right of way dedication.
56. The environmental checklist submitted for the project explains in detail the proposed
drainage system for the proposal. This will comply with the City Guidelines for Stormwater
Management by providing stormwater treatment, and disposing of stormwater generated by site
development on site.
57. The applicant's consulting engineer(Jeff Logan) and legal counsel (Stan Schultz) testified
that a large drainage swale would be constructed on Lot 11 of the preliminary plat. The engineer
indicated that it was aware of the old concrete ditch that crosses the site, in developing a drainage
plan for the site. The applicant plans to eliminate the 28% grade on the north portion of the site,
use the surplus soils as structural fill to cover the underground sewer system in the project, and
provide a relatively flat site.
58. The City Phase I Development Regulations do not require direct concurrency for park and
recreation facilities, or for schools, regarding new development. The City Capital Facilities Plan
projects a small deficit in the desired level of service for park and recreational facilities in the
subarea in which the site is located by 2006. The City Capital Facilities Plan generally indicates
that adequate capacity will exist in the Central Valley School District at all grade levels in 2006.
59. The nearest public park and recreation facility to the site is the Centennial Trail, located
along the south side of the Spokane River in the area, approximately one-third (1/3) mile north of
the site at its closest point. A City park is located over two (2) miles driving distance northwest
of the site, along the west side of Sullivan Road, immediately north of the Spokane River.
Undeveloped City parkland is found near the site, west of the intersection of Mission Avenue and
Flora Road.
60. County Utilities certified that public sewer was available to the site through developer
extension. Consolidated Water District No. 19 certified that public water was available to serve
HE Findings, Conclusions and Decision SUB-12-04 Page 8
the site. The conditions of approval recommended by the Spokane Regional Health District and
by County Utilities require the preliminary plat to be served with public sewer. County Fire
District 1 conditions require the installation of a new fire hydrant at the entrance to the site. The
public sewer and water concurrency requirements of the City Phase T Development Regulations
are met.
61. The applicant provided testimony that restrictive covenants would be adopted requiring the
installation of trees in the front yard of lots, but otherwise leaving the landscaping of individual
lots up to the individual lot owners. Zoning Code 14.810.180 restricts the outdoor illumination
of a lot from directly illuminating a building or residence on an adjacent lot.
62. The noise standards set forth in the City's noise ordinance are controlling regarding the
hours of construction on the site. The record indicates that the applicant has been sensitive to
neighbors' concerns regarding noise impacts from construction on the applicant's adjacent
project to the north.
63. The letter dated February 15, 2005 from the Spokane Tribe of Indians did not provide
sufficient detail regarding the location of historical significance on the site 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.
64. Considering the zoning of the area and other preliminary plats approved in the vicinity, 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.
65. 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.
66. 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.
67. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
HE Findings, Conclusions and Decision SUB-12-04 Page 9
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.
Failure to comply with the conditions of this approval may result in revocation of this
approval by the Hearing Examiner. This approval does not waive the applicant's obligation to
comply with all other requirements of other public agencies with jurisdiction over land
development.
CONDITIONS OF APPROVAL:
HE Findings, Conclusions and Decision SUB-12-04 Page 10
A. General conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT— CURRENT
PLANNING DIVISION:
1. Except where noted in conditions of approval the proposal shall comply with the provisions
of Chapter 14.618 (Urban Residential-7* Zone) of the City Interim Zoning Code ("Zoning
Code").
• 1 a. 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 County Road and Sewer Standards, as adopted by the
City of Spokane Valley.
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.
B. Prior to final plat approval, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
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."
HE Findings, Conclusions and Decision SUB-12-04 Page 11
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
2. Baldwin Avenue shall be improved to the following standards:
• Fifteen (15) feet of asphalt from centerline of property frontage, two (2) feet curb and
gutter, a ten (10) foot planter strip and a five (5) foot sidewalk. This requires a twelve
(12) foot border easement.
3. All Internal streets shall be public streets, and shall follow the 2001 Spokane County Road
and Sewer Standards for design. This includes thirty(30) feet of asphalt, Type B curb and gutter,
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 public street in the preliminary plat.
4. The applicant shall contribute 0.29% of the cost of the proposed traffic signal at Barker
Road and Mission Avenue. This shall be paid prior to final plat approval.
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.
7. Sewer plans acceptable to the 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 will be submitted to the Division of Utilities prior to approval of the Sewer Design
Plans.
SPOKANE REGIONAL HEALTH DISTRICT:
HE Findings, Conclusions and Decision SUB-12-04 Page 12
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. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the Spokane
Regional Health District that an adequate and potable water supply is available to each lot of the
plat.
13. 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.
14. 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 said plat. The contractual arrangement
will include a provision holding the City of Spokane Valley Public Works Department, 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.
15. A public sewer system shall be made available for the project and individual service shall
be provided to each lot prior to sale. Use of individual on-site sewage systems shall not be
authorized.
16. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
17. Submit a final plat containing the following dedication note on the face of the final plat:
"A public sewer system shall be made available for the plat and individual service shall be
provided to each lot prior to sale. Use of individual on-site sewage disposal systems shall not be
authorized."
18. 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."
19. Submit a final plat containing the following dedication note: "The public water system,
pursuant to the Water Plan approved by county and State heath authorities, the local fire
protection district, the City of Spokane Valley Building Division and water purveyor, shall be
installed within this subdivision and the applicant shall provided 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."
HE Findings, Conclusions and Decision SUB-12-04 Page 13
20. 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.
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 (both adopted by the City of Spokane Valley), and all
other applicable standards.
2. Permits shall be 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 is to 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 are to 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.
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.
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.
HE Findings, Conclusions and Decision SUB-12-04 Page 14
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.
WASHINGTON STATE DEPARTMENT OF ECOLOGY
13. 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.
14. 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.
15. 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.
16. If the existing vegetation must be removed,the applicant is encouraged to dispose of it at
a compost facility or replant it elsewhere.
17. The water purveyor is responsible for ensuring that the proposed use(s) are within the
limitations of its water rights.
HE Findings, Conclusions and Decision SUB-12-04 Page 15
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-BUILDING
DIVISION
18. 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.
19. 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.
SPOKANE COUNTY FIRE DISTRICT NO. 1
20. Installation of a new fire hydrant is required at the entrance of the plat and Baldwin.
AVISTA UTILITIES
21. A ten (10) foot wide easement strip shall be provided adjacent, abutting and contiguous
and behind any border easements or sidewalks, or absent these structures, the boundary line of
public and private roads.
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."
QWEST:
23. The applicant shall indicate the location of the general utility easements to be provided on
the east and west sides of Arc Road, and the north property lines of Lot 2 and Tract 28 of the
preliminary plat.
DATED this 15th day of March, 2005
CITY HEARING EXAMINER PRO TEM
re Air
Michael . Dempsey, WSBA#8235 F
HE Findings, Conclusions and Decision SUB-12-04 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 March 15, 2005. The date of issuance of the Hearing Examiner's decision is
therefore March 18, 2005. THE LAST DAY FOR APPEAL OF THIS DECISION TO
SUPERIOR COURT BY LAND USE PETITION IS APRIL 8, 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-12-04 Page 17