SUB-16-04-PUD-06-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for the Preliminary Plat of )
Belleville Estates, and Planned Unit ) FINDINGS OF FACT,
Development (PUD) Overlay Zone; ) CONCLUSIONS OF LAW,
Applicant: Whipple Consulting Engineers, Inc. ) AND DECISION
File No. SUB-16-04/PUD-06-04 )
)
I. SUMMARY OF DECISION
Hearing Matter: Applications for a preliminary plat and PUD Overlay zone.
Summary of Decision: Approve applications, subject to conditions of approval. The preliminary
plat/PUD Overlay zone will expire on January 9, 2011, unless an extension of time request is
timely submitted at least 30 days before such expiration date.
II. FINDINGS OF FACT
1. The applications in the above-referenced file request approval of the preliminary plat of
Belleville Estates, to divide 4.6 acres of land into twenty-one (21) lots for single-family dwellings
and two (2) common open space tracts; and approval of a Planned Unit Development(PUD)
Overlay zone for such acreage.
2. The site is located along the south side of Fourth Avenue, approximately 320 feet west of
the intersection of Fourth Avenue and Barker Road; in the NE 1/4 of Section 19, Township 25
North, Range 45 EWM, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 55191.0602, and is
addressed at 18506 E. Fourth Avenue, Spokane Valley, WA. The site is legally described on the
preliminary plat map of record.
4. The applicant for the proposal is Whipple Consulting Engineers, Inc., c/o Todd Whipple,
13218 E. Sprague Avenue, Spokane Valley, WA 99216. The site owner is Dennis Crapo, 15321
E. Mission Avenue; Spokane Valley, WA 99037.
5. Effective August 25, 2004 and November 24, 2004, the City amended the dimensional
standards in the residential zones of the Zoning Code, both inside and outside a PUD Overlay
zone. Effective November 24, 2004, the City amended the provisions of the PUD Overlay zone
and recodified such provisions under Section 4.08.10 of the City Uniform Development Code.
See City Ordinance Nos. 04-033 and 04-046.
6. On November 24, 2004, the applicant submitted complete applications for a preliminary
plat, zone reclassification and PUD Overlay zone in City Department of Community Development
File Nos. REZ-25-04/ SUB-16-04/PUD-06-04. The zone reclassification application proposed a
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 1
rezone of the site from the Urban Residential-3.5 (UR-3.5) zone to the Urban Residential-7*(UR-
7*) zone.
7. On January 11, 2005, the applicant submitted a revised preliminary plat map/PUD site
development plan, which is the preliminary plat map/PUD site development plan of record for the
current applications.
8. On February 18, 2005, the Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the original proposal. The MDNS was not
appealed.
9. The Hearing Examiner held a public hearing on the original proposal on March 17, 2005.
The notice requirements for the public hearing were met. The Examiner conducted a site visit on
March 14, 2005.
10. The following persons testified at the public hearing held on March 17, 2005:
Micki Harnois Sandra Raskell
Associate Planner Assistant Development Engineer
City of Spokane Valley City of Spokane Valley
11707 E Sprague Avenue Suite 106 11707 E Sprague Ave Suite 106
Spokane Valley, WA 99206-6110 Spokane Valley, WA 99206-6124
Todd Whipple Dennis Crapo
Whipple Consulting Engineers Diamond Rock Construction
13218 E. Sprague Avenue 15321 E Mission Ave
Spokane Valley, WA 99216 Spokane Valley, WA 99037-9552
Tom Tabbert Kathy Tabbert
18505 E. 4th Avenue 18505 E. 4th Avenue
Spokane Valley, WA 99016 Spokane Valley, WA 99016
David Hohn Paul Schultz
305 S. Greenacres Road 182211 E. 4th Avenue
Spokane Valley, WA 99016 Spokane Valley, WA 99016
Pat Maher Deanna Bouck
508 S. Barker Road PO Box 455
Spokane Valley, WA 99016 Spokane Valley, WA 99016
Stephen R. Hormel Jim Red
516 S. Barker Road Spokane County Utilities
Spokane Valley, WA 99016 1026 W. Broadway Avenue
Spokane, WA 99260
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11. On March 24, 2005, the Hearing Examiner issued a written decision approving a rezone of
the site to the UR-7* zone. The decision denied the preliminary plat and PUD Overlay zone
applications, because the proposed PUD Overlay zone did not have direct access onto a
designated arterial as required by former paragraph 4.08.19.15.c of the Spokane Valley Uniform
Development Code.
12. On April 7, 2005, Steve and Barbara Hormel, and Tom and Kathy Tabbert, appealed the
Examiner's a p p roval of the rezone to the City
Council; and the applicant appealed the Examiner's
denial of the preliminary plat and PUD Overlay zone to the City Council.
13. On July 26, 2005, the City Council issued a decision affirming the Examiner's approval of
the zone reclassification. The Hormels thereafter appealed the Council's decision by land use
petition to Spokane Superior Court. Such appeal has now been resolved and is in the process of
being dismissed. The current zoning of the site is therefore UR-7*.
14. On October 18, 2005, the City Council amended former paragraph 4.08.19.15.c of the
Spokane Valley Uniform Development Code, to remove the requirement that a PUD Overlay
zone have direct access to an arterial or collector. See City Ordinance No. 05-046. On
November 15, 2005, the City Council remanded the current applications to the Hearing Examiner
for a continued hearing and further consideration of such applications.
15. On November 16, 2005, notice of the remand healing was provided by mail to the parties of
record for the March 17, 2005 hearing, and by publication. The notice requirements for the
remand hearing were met.
16. On December 1, 2005, the Hearing Examiner held a remand hearing on the current
applications. Micki Harnois, Todd Whipple, Paul Schultz, Margaret Arpin and Steve Schultz
testified at the hearing. Steve Schultz, who testified at the hearing, has a mailing address of 310
S. Greenacres Road, Greenacres, WA 99016.
17. The Examiner conducted the public hearing and the remand hearing on the current proposal
pursuant to Chapter 10.35 of the City Municipal Code, and the City Hearing Examiner Rules of
Procedure. The Examiner considered the remand hearing as a continuation of the March 17, 2005
hearing held on the preliminary plat and PUD Overlay zone applications.
18. The Hearing Examiner takes notice of the City of Spokane Valley Interim Comprehensive
Plan, Capital Facilities Plan, Zoning Code, Subdivision Ordinance, 2001 Standards for Road and
Sewer Construction("City Road Standards") and Guidelines for Stormwater Management;
Spokane Valley Uniform Development Code; Spokane Valley Municipal Code; other applicable
development regulations; and prior land use decisions in the area.
19. The record includes the documents in the project file at the time of the December 1, 2005
public hearing; the documents and testimony submitted at the March 17, 2005 and December 1,
2005 public hearings; and the items taken notice of by the Hearing Examiner.
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 3
20. The site is 4.6 acres in size and is relatively flat in topography, with a gentle downward
slope from the southeast to the northwest. The property is currently improved with a single-
family residence, which fronts along Fourth Avenue, and two associated detached sheds. The
remainder of the site is undeveloped and covered with deciduous trees, shrubs and grasses.
21. The preliminary plat map and PUD site development plan of record("plat map/PUD site
plan") illustrate division of the site into 21 lots for single-family dwellings, and two (2) common
open space tracts. The single-family lots range from 5,059 square feet to 7,266 square feet in
size; except for a 20,618 square foot lot fronting along Fourth Avenue that is currently improved
with a single-family residence. The average lot size in the preliminary plat is 8,181 square feet.
22. The plat map and PUD site plan show common open space Tract A to be .54 acres in size
and including a future play area. The applicant indicated that the play area may consist of a
playground, sandbox or half court for basketball. See letter from applicant to City dated 11-24-
05. Common open space Tract B is 1,584 square feet in size, abuts Fourth Avenue, includes a
drainage swale area, and would be used primarily for drainage. Tracts A and B would each be
landscaped with deciduous trees and grass.
23. The plat map and PUD site plan illustrate drainage swales on each single-family lot, located
between the street and the front yard setback line. The existing residence on the site would be
retained in the development of the site, but the existing sheds would be removed.
24. The plat map and PUD site plan illustrate internal access via a public road system; which
would connect to Fourth Avenue on the north, terminate in a cul-de-sac near the south boundary
of the site, and extend a stub road to the west boundary of the site in the alignment of Fifth
Avenue. The plat map and PUD site plan show the façade, front elevation and floor plan for a
typical dwelling unit in the proposal; which unit appears to be 1.5 to two (2) stories in height, and
includes a 2-car garage. The maximum building height in the project is stated at 35 feet.
25. Effective January 1, 1991, Spokane County reclassified the zoning of the site and
neighboring properties to the Urban Residential-3.5 (UR-3.5) zone; pursuant to the Program to
Implement the Spokane County Zoning Code. See County Resolution No. 85-0900.
26. Effective January 15, 2002, Spokane County implemented a new County Comprehensive
Plan, Capital Facilities Plan, Urban Growth Area(UGA) boundaries and County Phase I
Development Regulations; pursuant to the State Growth Management Act. See County
Resolution Nos. 2-0037 and 2-0470. The site and area are designated in the UGA.
27. The County Comprehensive Plan designated the site and the land in the area lying south of
Sprague Avenue in the Low Density Residential category; and designated the land lying north of
Sprague Avenue in the vicinity, between Barker Road and Moen Street, in the Medium Density
Residential category. The County Comprehensive Plan designated the land lying further to the
north and northwest in the Mixed Use category.
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 4
28. The County Phase I Development Regulations retained the UR-3.5 zoning of the site and
neighboring land; retained the UR-7 zoning of the duplex lots located northwest of the site along
Moen Street, between Second and Sprague Avenues; and retained the UR-7 zoning of the single-
family homes located one-fourth(1/4) mile north of the site, along the north side of Sprague
Avenue between Barker Road and Moen Street.
29. On March 31, 2003, the City adopted by reference the County's comprehensive plan, capital
facilities plan, subdivision ordinance, zoning code, phase I development regulations, official
zoning maps and other development regulations, with certain minor variations. Such action
retained the zoning and comprehensive plan land use designations for the site and neighboring
land established by the County.
30. The land uses located near the site generally consist of single-family dwellings on lots
ranging from 10,000 square feet to five (5) acres in size, and zoned UR-3.5. Some
nonconforming animal-keeping occurs on the acreage lots in the vicinity. Duplex lots are found
on land zoned UR-7 lying less than one-fourth(1/4) mile northwest of the site, along Moen Street
between Second and Sprague Avenues. Greenacres Elementary School is located approximately
one-fourth(1/4) mile west of the site, at the northeast corner of the intersection of Long Road
and Fourth Avenue.
31. In 2001, the County approved the preliminary plat of Longview Place PUD, to subdivide
3.31 acres of land lying less than one-third(1/3) mile southwest of the site, at the northeast corner
of Long Road and Eighth Avenue, and zoned UR-3.5, into 15 lots for single-family dwellings and
common open space; along with a PUD Overlay zone with bonus density. Such project has been
finally platted and developed. The average lot size in the final plat/PUD is approximately 7,318
square feet. The density(net) of the final plat/PUD is 5.17 dwelling units per acre. See decision
in File No. PE-1888-01/PUDE-6-01.
32. In 2003, the City of Spokane Valley approved the preliminary plat of Asher Place, to
subdivide 4.85 acres of land located one-fourth(1/4) mile southeast of the site, along the north
side of Eighth Avenue and approximately 950 feet east of Barker Road, into 17 lots for single-
family dwellings; and a zone reclassification from the UR-3.5 zone to the UR-7* zone. The
density(net) of such preliminary plat, which has been finalized and is under development, is 3.9
dwelling units per acre. See decision in File No. PE-1917-03.
33. In 2004, the City of Spokane Valley approved the preliminary plat of Corbin Estates, to
divide 6.96 acres of land located over one-fourth(1/4) mile northwest of the site, along the east
side of Long Road between Greenacres Elementary School and Sprague Avenue, into 33 lots for
single-family dwellings, two (2) divided duplex lots, and common open space tracts; a rezone of
such acreage from the UR-3.5 zone to the UR-7* zone; and a PUD Overlay zone. The average
size of the single-family lots in such preliminary plat is approximately 7,178 square feet, and its
density(net) is 5.51 dwelling units per acre. See decision in File No. REZ-04-04/SUB-03-
04/PUD-02-04.
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 5
34. The City Arterial Road Plan designates Sprague Avenue,west of Barker Road, and Barker
Road in the vicinity as Urban Minor Arterials; designates Sprague Avenue, east of Barker Road,
as a Urban Collector Arterial; and designates Appleway Avenue to the north as an Urban
Principal Arterial. Fourth Avenue and the other roads in the vicinity are considered Urban Local
Access roads.
35. Long Road, located over one-third(1/3) mile west of the site, is improved with sidewalk
and curb between Fourth Avenue and Second Avenue, has a paved pedestrian pathway on the
west side of the road south of Fourth Avenue, and has curb and sidewalk along its east side
between Eighth and Sixth Avenue. Fourth Avenue has sidewalk and curb adjacent to Greenacres
Elementary School. Barker Road has a paved pedestrian path along the west side of the road in
the vicinity. See decisions in File No.REZ-04-04/SUB-03-04/PUD-02-04 and PE-1888-01.
36. Several owners of property located along Fourth Avenue, Barker Road or Greenacres Road,
east and west of the site, expressed opposition to the proposal at or prior to the March 17, 2005
hearing on the original rezone, preliminary plat and PUD Overlay zone applications. Such owners
expressed concerns such as small lot sizes, excessive housing density, impacts on property values,
increased traffic along Fourth Avenue and Barker Road, traffic safety for pedestrians and students
along Fourth Avenue, premature extension of public sewer to the area, impacts on large animal
keeping and grazing rights, impacts on school capacity, loss of privacy, incompatibility of housing
with neighboring acreage properties, insufficient storage and parking in proposal, lack of
recreational opportunities for children in the proposal, impacts on fire and police protection, and
other concerns.
37. The only persons testifying at the December 1, 2005 public hearing in opposition to the
proposal were Paul Schultz and Steve Schultz. Paul Schultz asked that his comments regarding
the proposal submitted at the March 17, 2005 be considered; requested written assurance that the
sewer line installed in Fourth Avenue for the project would be a gravity sewer adequately sized
for the owners of property abutting Fourth Avenue west of the site; stated that if a pressure sewer
line was installed in Fourth Avenue, the road would have to be torn up twice, and therefore the
line would not provide adequate public facilities as envisioned by the City Comprehensive Plan;
contended that the single road outlet for the project to Fourth Avenue was inadequate for the
proposed PUD; and contended that the lot sizes and density in the preliminary plat/PUD were
incompatible with the neighborhood. In support of his position, Paul Schultz cited paragraphs
2.1.1 and 2.5.1 from a draft of the new Comprehensive Plan being considered by the City Council.
38. Steve Schultz testified at the December 1, 2005 public hearing that he owned eight(8)
parcels of land located west of the site; controlled three (3) houses waiting for the extension of
public sewer in Fourth Avenue; and wanted the approval of the preliminary plat/PUD conditioned
on the sewer line installed in Fourth Avenue for the project being of adequate size to serve the
owners of abutting property owners located west of the site.
39. To be approved, the preliminary plat must comply with applicable development regulations;
make appropriate provision for the public health, safety and general welfare; make appropriate
provision for open spaces, drainage ways, streets or roads, other public ways, potable water
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 6
supplies, transit stops, sanitary wastes, parks and recreation, playgrounds, schools and school
grounds, critical areas, fire/emergency access, sidewalks for children who reach school by
walking, and other relevant facts and planning features; and serve the public use and interest. See
RCW 58.17.110, City Subdivision Ordinance and City Hearing Examiner Ordinance.
40. The current applications are subject to the revisions to the City Zoning Code adopted by
City Ordinance Nos. 04-033 and 04-046. See Section 13.300.110 of City"Application Review
Procedures for Project Permits", adopted by City pursuant to City Ordinance No. 03-060; and
RCW 58.17.033.
41. The proposed PUD Overlay zone must comply with the PUD Overlay zone requirements set
forth in Section 4.08.19 of the Spokane Valley Uniform Development Code, as amended by City
Ordinance No. 05-046.
42. RCW 36.70B.030 requires that a comprehensive plan and development regulations adopted
by local government under the State Growth Management Act (GMA) serve as the foundation for
project review; and that where standards for development are set forth in local development
regulations, or in the absence of applicable development regulations, are addressed by a
comprehensive plan, such regulations or the comprehensive plan are determinative of the features
of development regulated by such standards of development. This includes, at a minimum, the
type of land use permitted in a development, if the criteria for their approval has been satisfied;
the density of residential development in urban growth areas; and the availability and adequacy of
public facilities identified in a comprehensive plan, if the comprehensive plan or development
regulations provide for funding of such facilities as required by the GMA. Local governments
may not reexamine alternatives to or hear appeals regarding such items during project review,
except for issues of code interpretation.
43. Under Washington case law, where there is a conflict between the policies of a
comprehensive plan adopted by a local government and the zoning code or other development
regulations adopted by the local government, the zoning code and development regulations are
controlling over the policies of a comprehensive plan.
44. Policy UL.8.1 and Goal UL.8 of the Comprehensive Plan recommend the creation of urban
areas with a variety and mix of housing types and prices in residential areas. Policy UL.9.1 of the
Comprehensive Plan recommends that residential densities in the Low Density Residential
category of the Comprehensive Plan range from 1-6 dwelling units per acre. Policy UL.9.2
recommends that the City seek to achieve an average residential density in new development of at
least four (4) dwelling units per acre, through a mix of densities and housing. The preliminary
plat and PUD, which has a density(net) of 5.23 dwelling units per acre, implement such policies.
45. The Comprehensive Plan encourages the use of Planned Unit Developments (PUDs) to
provide a mechanism for allowing new concepts and creative design; and allowing deviations from
typical standards of a zone,while ensuring the design meets health and safety standards and is
consistent with neighborhood character. Policy UL.7.4 recommends that detached single-family
housing on small lots and yards be allowed, where appropriate.
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 7
46. Policy UL.5.4 of the Comprehensive Plan encourages the preservation of healthy, attractive
native vegetation, where appropriate, during land development; or the use of appropriate native
plant materials in site landscaping. Policy UL.2.12 recommends that the site characteristics of
residential development, including existing trees, be enhanced and preserved through sensitive site
planning tools. Policy UL.2.15 encourages the planting of street trees in residential subdivisions.
47. Policies CF.6.3 and CF.7.2 of the Comprehensive Plan recommend that the County prohibit
the extension of water or sewer service to new development that will degrade the level of service
below minimum level of service standards.
48. Policy UL.7.10 of the Comprehensive Plan states that the phasing of land development shall
be consistent with the established levels of service for the provision of public facilities and services
within the UGA. Policy UL.7.12 of the Comprehensive Plan states that new development within
the UGA shall connect to public sewer.
49. 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.
50. Policy UL.2.11 of the Comprehensive Plan promotes the linkage of developments with open
space, parks, natural areas and street connections.
51. Policies UL.2.20 and T.4a.12 of the Comprehensive Plan encourages new developments to
be arranged in a pattern of connecting streets and blocks, to allow people to get around easily by
foot, bicycle, bus or car; and state that cul-de-sacs or other closed street systems may be
appropriate under certain circumstances, including, but not limited to, topography and other
physical limitations which make connecting systems impractical. See Policy UL.2.20.
52. Policy T.2.2 of the Comprehensive Plan recommends that transportation improvements
needed to serve new development be in place at the time new development impacts occur, or that
a financial commitment, consistent with the City's Capital Facilities Plan, be made to complete the
improvement within six (6) years.
53. 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.
54. Guidelines set forth in the City 2001 Standards for Road and Sewer Construction("City
Road Standards") recommend the provision of adequate vehicular and pedestrian access to all
parcels of land, minimizing through traffic movements and excessive speeds on local access
streets, logical street patterns, minimizing vehicular and pedestrian-vehicular conflict points,
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 8
considering traffic generators in designing a street system in a proposed development, and
considering bordering arterial routes.
55. Under the City Phase I Development Regulations, the UR-7* zone is an implementing zone
for the Low Density Residential category of the Comprehensive Plan, in which category the site is
designated.
56. 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.
57. The City Phase I Development Regulations limit new residential development on land
designated in the Low Density Residential category, and rezoned to the UR-7, to a maximum
density of six(6) dwelling units per acre. The designation"UR-7*" is given to such zoning by the
City. 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.
58. Within a PUD Overlay zone, the minimum frontage for residential dwelling units may be
reduced to 30 feet, and the minimum lot size may be reduced to 1,600 square feet, in the UR-7
zone. Within a PUD Overlay zone, the maximum building coverage in the UR-7 zone is increased
from 55% to 60%.
59. The minimum front yard setback, garage setback, rear yard setback, side yard setback and
flanking street yard setback for a single-family dwelling in the UR-7 zone are, respectively, 15
feet, 20 feet, 20 feet, five (5) feet and 15 feet; with certain exceptions. Such setbacks are the
same in a PUD Overlay zone, except that the minimum rear yard setback is reduced to 15 feet,
and the minimum flanking street yard setback is reduced to 10 feet.
60. The maximum building height in the UR-7 zone is 35 feet and 2.5 stories, both within and
outside of a PUD Overlay zone.
61. The purpose of a PUD Overlay zone is to establish a process to foster creative, efficient and
comprehensive design of site development. The PUD Overlay zone provides regulations intended
to provide flexibility in site design and offer incentives, in order to encourage innovative design
and creation of permanent open space; encourage the preservation of natural features, wildlife
habitat and critical areas; facilitate the development of mixed use development; encourage the
development of street, pedestrian and bicycle paths that contribute to a system of fully connected
routes; facilitate the economical and adequate provision of public services; provide for diverse and
convenient recreational opportunities; and/or provide a variety of environments for living,
working and recreation. See Zoning Code 4.08.19.01.
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62. The PUD process entails a preliminary and a final phase, which respectively follow the
process of preliminary and final plat approval. The preliminary phase examines the preliminary
PUD site development plan submitted by an applicant for compliance with the requirements of the
PUD Overlay zone. If approved by the Hearing Examiner, the PUD is a binding plan that defines
the concept of development and uses to be allowed. The Hearing Examiner may require
modifications to a PUD Overlay zone application to ensure th at the purpose and intent of the zone
is accomplished.
63. The preliminary PUD site development plan must contain such features as the general
location of all proposed improvements, setbacks, location of pedestrian and bicycle circulation
systems, common open spaces showing size and functions upon completion, a description of the
method of ownership and responsibility for maintenance of all common open space and private
streets, the location and dimensions of off-street parking facilities, a tabulation of densities in each
phase of the PUD, the natural features to be retained, and any critical areas on the property. •
64. The PUD Overlay zone requires more detailed information in the final PUD site plan than in
the preliminary PUD site plan; including approved road plans and drainage plans, typical building
footprints, the percentage of building coverage in the PUD, and a schematic landscaping plan.
The City Planning Division may approve a final PUD site plan administratively if all standards,
requirements and conditions of preliminary approval are met. See Zoning Code 4.08.19.02.
65. The PUD Overlay zone requires creation of a homeowner's association in a residential
PUD; to manage and maintain private streets, common areas, and other improvements not solely
owned by individual lot owners. This includes drainage facilities located in common open space,
which must be designed in accordance with the City's adopted stormwater management
standards. See Zoning Code 4.08.19.15.1.e.
66. The PI JD Overlay zone requires that a minimum of 10% of the total area of the PUD be
designated and maintained as common open space. Required landscape areas and stormwater
facilities in common open space cannot be used in the calculation of the percentage of common
open space. See Zoning Code 4.08.19.16.1.
67. The PUD Overlay zone states that land dedicated for open space should either be useable
for greenbelts that serve as a buffer between land uses, using existing vegetation and new plant
materials; active or passive recreational activities; or for protecting environmentally sensitive areas
or critical areas. Unusable open space includes the design of areas that do not meet the intent and
purpose of the PUD Overlay zone, such as open space areas that are not accessible to residents of
the development, do not function for active/passive recreation, or do not conserve wildlife habitat
or other natural features. See Zoning Code 4.08.19.16.2.
68. The PUD Overlay zone requires that all roads in the PUD meet or exceed the current
design and construction standards for public roads adopted by the City. Energy efficient
streetlights must be located at the entrance of the development and at each intersection.
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 10
69. The PUD Overlay zone requires that pedestrian circulation facilities, consisting of hard-
surface sidewalks or pathways at least five (5) feet wide, be provided on both sides of the street in
a residential PUD; be functionally and safely convenient to each dwelling unit served; and be
functionally and safely convenient to schools and industrial, commercial, recreational and utility
areas within or adjacent to the PUD. See Zoning Code 4.08.19.15.
70. Common open space Tract B of the preliminary plat/PUD, consisting of 1,584 square feet,
cannot be used to calculate the 10% minimum of common open space required in a PUD by the
PUD Overlay zone, since it will be used primarily for drainage swale purposes. However,
common open space Tract A, consisting of.54 plus acres, represents 11.8% of the gross area of
the site and meets the purpose of common open space stated in Section 4.08.19.16.1 of the PUD
Overlay zone; and provides compliance with the 10% open space requirement.
71. The applicant has not requested bonus density for the proposed PUD Overlay zone.
Accordingly, the density(net) of the preliminary plat/PUD is determined by the dividing the
number of proposed dwelling units (21) by the difference between the gross acreage of the site
(4.6 acres) less the area of the preliminary plat reserved for public road rights of way(.59 acre).
72. The density(net) of the preliminary plat/PUD is 5.23 dwelling units per acre, which is less
that the six(6) units per acre maximum residential density permitted in the UR-7* zone.
73. Pursuant to RCW 30.70B.030, the Examiner cannot question the density(net), lot sizes,
frontages or proposed setbacks in the preliminary plat/PUD, since they are consistent with the
PUD Overlay zone standards applicable in the UR-7* zone.
74. The Examiner cannot apply policies contained in the City's draft new Comprehensive Plan,
since such plan has not been adopted by the City.
75. City Engineering conditions of approval require the applicant to improve Fourth Avenue by
adding additional asphalt, curb and sidewalk. The internal public streets in the proposal must also
be improved to public road standards, and the pedestrian circulation facilities standards of the
PUD Overlay zone. This will require paved roads, and the installation and curb and sidewalk on
both sides of the road. The proposal makes appropriate provision for non-motorized travel. The
proposal is not of adequate size or impact to justify off-site improvements to Fourth Avenue.
76. The PUD Overlay zone does not contain a specific requirement for access out of the
development, other than compliance with the City Road Standards. The City Road Standards
require a second access for fire district vehicles for proposed subdivisions in the UR-7, when the
subdivision has the cumulative effect of creating 50 or more lots served by an access road;
provided, a second access can also be required if the fire district finds it necessary to assure public
safety. See City Road Standards, paragraph 1.03(8).
77. The proposed subdivision, which contains only 21 dwelling units, falls well short of the
threshold specified in the City Road Standards for providing secondary access. Spokane County
Fire District 1 conditions of approval require the applicant to provide a fire apparatus turnaround
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 11
at the west end of Fifth Avenue, and a wider cul-de-sac at the south end of proposed McKee
Street; but do not require a second access for fire vehicles.
• 78. The proposal provides adequate road connectivity to the west through the proposed Fifth
Avenue stub road. No compelling justification has been shown in the record to require future
road connectivity south of the site.
79. The proposal complies with other applicable provisions of the PUD Overlay zone, as set
forth in the Staff Report and as required to be met prior to approval of a final plat and final PUD
site development plan.
80. The plat map/PUD site plan illustrate five (5) feet of Type III landscaping along Fourth
Avenue. This feature was included in the preliminary plat based on past interpretations by the
City Planning Division and the Hearing Examiner that the requirement in Zoning Code
14.806.040.2.a for the installation of 20 feet of Type III (see-through buffer) landscaping along
the frontage of a public road in all new developments located in the "...multiple family residential
zones (UR-7, UR-12 and UR-22)..." zone was intended to apply only to multi-family
development, and not to single-family and duplex development; and that installation of five (5)
feet of Type III landscaping was adequate for single-family and duplex developments.
81. More recently, the Examiner has determined, with the concurrence of City Planning Division
staff, that there is no basis for requiring the installation of five (5) feet of Type III landscaping
along the public road frontage of new single-family lots or duplex lots in the UR-7 zone, based on
the interpretation that the landscaping requirement of Zoning Code 14.806.040.2.a applies only to
multi-family housing. Accordingly, the conditions of approval should be clarified to indicate that
the installation of such landscaping is not required by the Zoning Code.
82. The trip distribution letter submitted by the applicant's consulting traffic engineer for the
original version of the preliminary plat/PUD for 22 lots establishes that the development of the
site for residential housing under the UR-7* zone would not have any significant adverse impacts
on the transportation system in the area.
83. City Engineering certified that the proposal meets the transportation concurrency
requirements of the City Phase I Development Regulations, and competent evidence was not
submitted to rebut such certification. The proposal meets the transportation concurrency
requirements of the City's Phase I Development Regulations.
84. The City Phase I Development Regulations prohibit the approval of new development within
the Urban Growth Area(UGA) unless the proposal can demonstrate the availability of public
water and sewer. Such development must either be connected to public sewer at the time of
occupancy, or be located within the 6-year sewer capital improvement program area adopted by
Spokane County. The site is located outside the County's 6-year sewer capital sewer program
area, so that the proposal must connect to public sewer.
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 12
85. Under the City Phase I Development Regulations, developer financed extensions of public
sewer within the UGA and outside the County's 6-year sewer capital program area may be
allowed, provided capacity and infrastructure needs are adequately addressed.
86. The County Division of Utilities certified the availability of public sewer to the project. At
the March 17, 2005 public hearing, the applicant's consulting engineer indicated that this would
likely occur through the extension of a public sewer line in Fourth Avenue, and pumping sewage
effluent to existing sewerage facilities located to the west in Long Road; although other potential
sewering options of the site may be feasible. See testimony of Todd Whipple.
87. At the December 1, 2005 public hearing, the applicant's engineer stated that based on more
recent survey data, an 8-inch gravity sewer line can be installed in Fourth Avenue from the
proposal site east to Long Road, sewer stubs to such line would be provided along Fourth
Avenue for abutting properties, and connection to the sewer line would be subject to the payment
of appropriate County sewer charges and latecomer fees established through a written agreement
between the applicant and the County Division of Utilities.
88. County Utilities conditions of approval require the applicant to comply with the County
Sewer Ordinance regarding connection to public sewer. There is no evidence in the record that
that the extension of public sewer service to the project, either by installation of a permanent
gravity line or a temporary pressure line, would degrade the level of sanitary sewer service for
other properties in the area below minimum level of service standards, or conflict with the County
Sewer Ordinance.
89. Consolidated Irrigation District, #19, the designated water purveyor for the area, certified
the availability of public water to serve the proposal. The proposal meets the public water
concurrency provisions of the City Phase I Development Regulations.
90. The Central Valley School District submitted written comments on May 6, 2004 indicating
that Greenacres Elementary School and Greenacres Middle School are presently at or near
capacity, and that students residing in the proposed development may have to be transported to
other schools in the district where capacity is available.
91. The City Capital Facilities Plan indicates there will likely be adequate school capacity in
Central Valley School District in 2006, although there may be a deficiency in City parks and
recreational facilities. The City Phase I Development Regulations do not require direct
concurrency for school or parks and recreation, or for police and fire protection. The bussing of
students is not considered a significant impact, if there is sufficient capacity overall in the school
district to house the students.
92. The UR-7 zone requires the installation of a 6-foot high fence, wall or solid landscaping
screen along the borders of the site adjacent to UR-7 zoning. If the site is developed under the
UR-7* zone, the applicant would be required to install screening along the south, east and west
borders of the site. This would help provide a buffer for the larger lots that abut the site, and for
large animal keeping on certain adjacent properties. However, large animal keeping is a
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 13
nonconforming use in the UR-3.5 zone, and buffering of such use on property abutting the site is
not compelled by the policies of the Low Density Residential category of the City Comprehensive
Plan.
93. The design, shape, size and orientation of lots in the preliminary plat are appropriate for the
proposed use of such lots, and for the character of the area in which the lots are located;
considering the zoning of the site and adjacent properties, location of the site in the UGA and the
availability of public services to the site.
94. Block dimensions in the preliminary plat 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.
95. No deficiencies with regard to the proposal's compliance with development regulations have
been established in the record. No public agencies objected to the proposal, as conditioned, or its
environmental impact. The project will not have more than a moderate effect on the quality of the
environment.
96. Under Washington case law, a PUD is regarded as a rezone, although the City PUD Overlay
zone does not require compliance with rezone criteria. Under recent Washington case law, a
rezone application does not have to be supported by changed conditions if it conforms to a local
government's comprehensive plan. The proposal is consistent with the City Comprehensive Plan,
as indicated in the Staff Report.
97. Conditions have substantially changed in the area since the zoning of the site was reclassified
to the UR-3.5 zone in 1991, if needed to support the approval of the PUD Overlay zone. This
includes the availability of public sewer to the area, adoption of the City Comprehensive Plan and
City Phase I Development Regulations, the rezone of the site to the UR-7* zone, the approval of
other urban residential development and PUDs in the area, designation of the site in the UGA and
Low Density Residential category of the Comprehensive Plan, and incorporation of the City of
Spokane Valley
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, sanitary wastes, potable water supplies, easements, utilities,
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 14
planning features, and all other relevant facts as specified in RCW 58.17.110 and the City
Subdivision Ordinance.
3. The preliminary plat, as conditioned, meets the general design and other requirements listed
in Chapter 12.400 of the City Subdivision Ordinance for a proposed subdivision.
4. The preliminary plat and PUD Overlay zone, as conditioned, conform to the City
Comprehensive Plan; and bear a substantial relationshi p to the public health, safety and if� Y
welfare.
5. The procedural requirements of the State Environmental Policy Act and the City's Local
Environmental Ordinance have been met.
6. The proposal, as conditioned, complies with the UR-7* zone, the PUD Overlay zone, other
applicable provisions of the City Zoning Code, the City Subdivision Ordinance, and other
applicable development regulations.
7. The procedural requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met. The proposal, as conditioned, will not have a
significant, probable adverse impact on the environment.
8. Approval of the subject application is appropriate under the City Zoning Code and Chapter
10.35 of the City Municipal Code.
W. DECISION
Based on the Findings of Fact and Conclusions of Law above, the combined application for
a preliminary plat and PUD Overlay zone is hereby approved, subject to the conditions of the
various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
This approval does not waive the applicant's obligation to comply with all other
requirements of other public agencies with jurisdiction over land development.
CONDITIONS OF APPROVAL:
A. General conditions
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The preliminary plat shall be designed in substantial conformance to the preliminary
plat/PUD site development plan submitted on January 11, 2005. The approved preliminary plat
shall have a maximum of twenty-one (21) residential units, unless a preliminary plat modification
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 15
is approved pursuant to Section 12.100.120 (Modifications) of the Spokane Valley Interim
Subdivision Ordinance ("Subdivision Ordinance").
2. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance, the
preliminary plat approval shall automatically expire on January 9, 2011, unless a time extension is
timely submitted and approved.
3. Pursuant to Section 12.100.118 (Extensions of Time) of the Subdivision Ordinance, an
application form and supporting data for time extension requests must be submitted to the
Director at least thirty(30) calendar days prior to the expiration of the preliminary plat approval.
4. Pursuant to Section 4.08.19.04.2 (Final PUDs) of the Spokane Valley Interim Zoning Code
("Zoning Code"), any Planned Unit Development not fmalized prior to the expiration of the
Preliminary PUD shall become void.
5. Pursuant to Section 12.400.132 of the Subdivision Ordinance, all utilities within the plat
shall be underground.
6. Except where noted in conditions of approval, the proposal shall comply with the provisions
of Chapter 14.618 (Urban Residential-7*) of the Zoning Code.
7. Pursuant to Section 14.618.375 (Utilities) of the Zoning Code, all utility hardware shall be
placed underground or screened from view with a decorative block wall or landscaping. Said
screening shall be as high as the highest portion of the equipment and shall be permanently
maintained.
SPOKANE REGIONAL HEALTH DISTRICT:
8. Water service shall be coordinated through the Director of Utilities, Spokane County.
9. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
10. The sewage disposal method shall be authorized by the Director of Utilities, Spokane
County.
B. Prior to final PUD approval, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. Submit a Final Planned Unit Development(PUD) Plan prepared in conformance with
Section 14.704.160 of the Zoning Code. The Final PUD Plan shall include approved road plans,
drainage systems, assurances of building and fire code compliance and the requirements specified
in Section 14.704.140, inclusive of a Final Landscape Plan.
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 16
2. Pursuant to Section 14.704.160 of the Zoning Code, approval of the Final PUD Plan shall
be done administratively or through a public hearing at the discretion of the Community
Development Director.
3. Pursuant to Section 14.704.160 of the Zoning Code, construction shall not commence until
the preliminary PUD has been given final approval.
4. Pursuant to Section 14.704.385 of the Zoning Code, submit written evidence of the chosen
administration method for the on-site common open space consisting of a) Establishment of an
association or nonprofit corporation of all property owners or corporations within the project area
to ensure perpetual maintenance of all common open space; or b) Retention of ownership, control
and maintenance of all common open space by the applicant.
5. Pursuant to Section 14.704.385 of the Zoning Code, all privately owned common open
space shall continue to conform to its intended use and remain as expressed in the Site
Development Plan by the inclusion in all deeds of appropriate restrictions to ensure that the
common open space is permanently preserved according to the Site Development Plan. Said deed
restrictions shall be recorded and shall run with the land and for the benefit of present as well as
future property owners in the P.U.D. and shall contain a prohibition against future divisions or
segregations without further City approvals. Copies of the recorded deed restrictions shall be
submitted to the City of Spokane Valley Planning Division prior to final planned unit development
approval.
6. Submit a Final PUD Plan specifying the correct amount of common open space to be
provided within the PUD and meeting the minimum PUD common open space requirement.
C. Prior to fmal plat approval, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—
PLANNING DIVISION:
1. In order to comply with Section 14.618.365 (Walls) of the Zoning Code, the applicant shall,
prior to final plat approval, construct a six(6)-foot high concrete, masonry, or decorative block
wall, solid landscaping or sight-obscuring fence along the proposal's western, eastern and
southern perimeters. The applicant shall submit a written agreement agreeing that the applicant or
successors in interest shall continuously maintain such screening in good condition. The
agreement shall also provide that at time of sale of any and all of the parcels created through the
short plat action, the applicant shall notify in writing all buyers of the requirement to maintain the
required screening along the portions of the property under their direct control.
2. Prior to final plat approval, submit a final plat specifying a maximum of twenty-one (21) lots
and a maximum of twenty-one (21) single-family residential dwelling units.
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 17
3. Submit a fmal 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*
zone or successor zoning designation in effect at the time of building permit application."
4. Submit a final plat with the following note on the face of the final plat: "All utility
hardware shall be placed underground or screened from view with a decorative block wall or
landscaping. Said screening shall be as high as the highest portion of the equipment and shall be
permanently maintained. "
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—
ENGINEERING DIVISION:
5. Fourth Avenue abutting the preliminary plat shall be improved with fifteen(15) feet of
asphalt from roadway centerline to property frontage, a two (2) foot wide Type B curb and
gutter, a seven(7) to ten(10) foot wide planter strip and a five (5) foot wide sidewalk. In
addition, a twelve (12) foot wide border easement along the property frontage abutting Fourth
Avenue shall be specified on the face of the final plat.
6. 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, seven(7) to ten(10) foot planter strip (depending on drainage), 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.
SPOKANE REGIONAL HEALTH DISTRICT:
7. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
prevention 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.
8. 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, 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.
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 18
9. A public sewer system shall be made available for the plat and individual service shall be
provided to each lot prior to sale. The use of individual on-site sewage systems shall not be
authorized.
10. The final plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
11. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the Spokane Valley Planning Division to the utility companies 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.
12. A statement shall be placed in the final plat dedication to the effect that: "A public sewer
system will 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."
13. The dedicatory language on the final plat shall state: "Use of private wells and water
systems is prohibited."
14. The final plat dedication shall contain the following statement: "The public water system,
pursuant to the Water Plan approved by Regional and State heath authorities, the local fire
protection district, the City 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."
15. 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.
16. 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.
SPOKANE COUNTY FIRE DISTRICT NO. 1:
17. The installation of one (1) new fire hydrant is required at the entrance of the plat and Fourth
Avenue.
18. The installation of an approved fire apparatus turnaround is required for Fifth Avenue.
20. 19e cul-de-sac at the south end of McKee Street shall be widened to ninety-six (96) feet
21. If gates are proposed, then a"to scale" drawing is required to be submitted for review.
AVISTA UTILITIES:
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 19
22. Submit a final plat specifying a ten(10) foot wide utility easement strip along the south side
of Fourth Avenue and adjacent to and adjoining both sides of the boundary line of McKee Street,
and requiring that the private driveways include provision for utilities.
23. Submit a final plat specifying the following note on the face of the final plat: "Utility
easements shown on the herein described plat are hereby dedicated for the use of serving utility
companies for the construction, reconstruction, maintenance, protection, inspection and operation
of their respective facilities, together with the right to prohibit changes in grade that will reduce
the existing coverage over installed underground facilities and the right to trim and/or remove
trees, bushes, landscaping and to prohibit structures that may interfere with the construction,
reconstruction, reliability, maintenance, and safe operation of same."
D. Prior to or during on-site construction, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. During any and all on-site construction, the proposal shall control and limit all on-site dust
pursuant to applicable SCAPCA regulations pertaining to construction methods and construction
vehicles.
2. Upon any discovery of potential or known archaeological resources at the subject property
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:
3. 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.
4. Permits shall be required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
5. 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 the 1998 Spokane County Guidelines for Stormwater
Management, as adopted by the City. The TESC structures (such as silt ponds, silt traps) shall be
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 20
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.
6. The permittee shall be responsible for arranging all necessary utility adjustments, relocations
or improvements, or improvements as required for the completion of the project. The developer
must contact the purveyors of each affected utility regarding private service, utility improvements
and any relocation and adjustment costs. All rigid objects shall be located out of the clear zone.
These clear zone requirements are located in the City's adopted Road and Sewer Standards.
7. 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. This shall be completed prior to final plat.
8. Appropriate signing shall be addressed at the time of street construction plan submittal.
9. Plat language will be determined at the time of final plat submittal. Contact the City of
Spokane Valley Public Works Department for appropriate language.
SPOKANE COUNTY DIVISION OF UTILITIES:
10. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the project.
11. The applicant shall submit expressly to the Spokane County Division of Utilities, "under
separate cover" only those plan sheets showing sewer plans and specifications for the public
sewer connections and facilities for review and approval.
12. Any water service for the project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
13. The final plat dedication shall state: "Public sewers shall be constructed to provide the
connection of each parcel to the City'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".
14. A Public Sanitary Sewer easement shall be shown on the face of the plat and the
dedication shall state: "The perpetual easement granted to Spokane County, its' successors and
assigns is for the sole purpose of constructing, installing, operating, maintaining, repairing,
altering, replacing, removing and all other uses or purposes which are or may be related to a
sewer system. Spokane County, its' successors and assigns at all times hereinafter, at their own
cost and expense, may remove all crops, brush, grass or trees that may interfere with the
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 21
i
constructing, installing, operating, maintaining, repairing, altering, replacing, removing and all
other uses or purposes which may be related to a sewer system. The grantor(s) reserves the
right to use and enjoy that property which is the subject of this easement for purposes which will
not interfere with the County's full enjoyment of the rights hereby granted; provided, the
Grantor(s) shall not erect or construct any building or other structure or drill on the easement,
or diminish or substantially add to the ground cover over the easement. The easement described
hereinabove is to and shall run with the land."
15. 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
folin acceptable to the Division of Utilities and in accordance with the Spokane County Sanitary
Sewer Ordinance,
16. Security will be submitted to the Division of Utilities prior to approval of the Sewer
Design Plans.
CITY OF SPOKANE VALLEY COMMUNITY DEVELOPMENT-BUILDING DIVISION
17. Fire hydrants shall be placed on the corners of intersections and spaced no further than six
hundred(600) feet apart. If intersections are spaced greater than 600 feet apart, a fire hydrant
shall be located on adjoining property lines within the border easement. Fire flow shall be 1000
gpm minimum to serve one (1) and two (2) family structures up to three thousand six hundred
(3,600) square feet.
18. Engineered grading permit will be required per grading ordinance 04-016.
DATED this 9th day of January, 2006
CITY HEARING EXAMINER PRO TEM
/ 0-0A/: i
I 4,-
Mi ael C. Dempsey, WSBA#,.
HE Findings, Conclusions and Decision SUB-16-04/PUD-06-04 Page 22
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 10.35 of the City Municipal Code, the decision of the Hearing
Examiner on combined applications for a preliminary plat and Planned Unit Development (PUD)
Overlay zone is final and conclusive unless within fourteen(14) calendar days from the
Examiner's written decision, a party of record aggrieved by such decision files an appeal with the
City Council of the City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane
Valley, Washington.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on January 9, 2006. THE APPEAL CLOSING DATE IS JANUARY 23,
2006.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-7490. The file may be
inspected during normal working hours, listed as Monday- Friday of each week, except holidays,
between the hours of 8:30 a.m. and 5:00 p.m. After the appeal period, the file may be inspected
at the City of Spokane Valley Department of Community Development, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, 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-16-04/PUD-06-04 Page 23