SUB-06-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Preliminary Plat, in the )
Urban Residential-3.5 (UR-3.5)Zone; ) FINDINGS OF FACT,
Applicant: Lots N Land, L.L.C. ) CONCLUSIONS OF LAW,
File No. SUB-06-04 ) AND DECISION
)
I. SUMMARY OF DECISION
Hearing Matter: Application for a preliminary plat, in the UR-3.5 zone.
Summary of Decision: Approve preliminary plat, subject to conditions of approval. The
preliminary plat will expire on November 30, 2009, unless an extension of time is 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 19.16
acres of land into 62 lots for single-family dwellings, in the Urban Residential-3.5 (UR-3.5)
zone.
2. The site is located at the southeast corner of the intersection of Bannen Road and Crown
Avenue, north of Wabash Avenue. The property is located in the SW 1/4 of Section 35, Township
26 North, Range 44 EWM, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 46353.0401 and
46353.0501. The property is legally described on the preliminary plat map of record.
4. The applicant for the proposal is Lots N Land, L.L.C., c/o Ken Tupper, 122 North
Raymond Court, Spokane Valley, Washington 99206. The site owner is Tony Danelo, 5110 N.
Bannen Road, Spokane Valley, Washington 99206. The applicant owns 12.5 acres of adjacent
platted land to the east and 26.9 acres of adjacent un-platted land to the northeast.
5. On April 16, 2004, the applicant submitted an application for a preliminary plat and
preliminary plat map to the Spokane Valley Department of Community Development, in File No.
SUB-06-04. On May 24, 2004, the applicant submitted a revised preliminary plat map, which is
the preliminary plat map of record.
6. On June 2, 2004, the City issued a Determination of Completeness for the preliminary plat.
On August 25, 2004, the Spokane Valley Department of Community Development issued a
Mitigated Determination of Nonsignificance(MDNS) for the application. The MDNS was not
appealed.
HE Findings, Conclusions and Decision SUB-06-04 Page 1
7. On September 17, 2004, the Hearing Examiner approved the applicant's request to continue
the public hearing on the application from September 23, 2004 until October 21, 2004.
8. On October 21, 2004, the Hearing Examiner held a public hearing on the application. The
Examiner conducted site visits on October 21, 2004 and November 23, 2004. The notice
requirements for the public hearing were met.
9. The following persons testified at the public hearing:
Micki Harnois Sandra Raskell
Department of Community Development Assistant Development Engineer
City of Spokane Valley City of Spokane Valley
11707 E. Sprague Avenue, Suite 106 11707 E Sprague Ave Ste 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206-6124
Margaret L. Arpin Ken Tupper
Attorney at Law Lots N Land
1117 E. 35th Avenue 122 N Raymond Road
Spokane, WA 99203-3167 Spokane Valley, WA 99206-6832
Robert McPhearson Dianne Boschee
5325 N Best Road 14123 E. Queen Avenue
Spokane Valley, WA 99216-1453 Spokane Valley, WA 99216
Jeff Logan
USKH Engineering
1220 N Howard Street
Spokane, WA 99201-2410
10. The public hearing was held in accordance with City Ordinance No. 03-057, 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.
13. The site is 19.16 acres in size and is relatively flat in topography. The southwest corner of
the site is improved with a single-family residence and attached garage fronting along Bannen
Road. The remainder of the site is vacant and consists of an open field with pasture grass.
HE Findings, Conclusions and Decision SUB-06-04 Page 2
14. The preliminary plat map of record submitted on May 24, 2004 illustrates lot sizes ranging
from 10,000 square feet to 17,965 square feet, with an average lot size of 11,285 square feet.
The project would be accessed internally by public roads, which would be paved and improved
with curb, gutter and sidewalk. Standard setbacks of the zone are specified on the preliminary
plat map.
15. The density(net) of the preliminary plat is 3.86 dwelling units per acre, based on the net
acreage of the site, after right of way dedication, stated on the preliminary plat map.
16. 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 UR-3.5 zone, pursuant to the
Program to Implement the Spokane County Zoning Code.
17. 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.
18. The County Comprehensive Plan designated the site and neighboring land lying south of
Forker Road in the Low Density Residential category. The County Phase I Development
Regulations designated the site and such neighboring land in the UGA, and retained the UR-3.5
zoning of the site and such neighboring land.
19. On March 31, 2003, the City of Spokane Valley was incorporated, including the land in the
area lying south of Forker Road. The City adopted by reference the County's comprehensive
plan, zoning code and other development regulations; with certain revisions. The City retained
the zoning of the site and other land in the area.
20. The land surrounding the site consists primarily of single-family homes on urban-sized lots
and some larger parcels, and scattered parcels of undeveloped land. The land located directly
east and northeast of the northerly one-fourth of the site is being developed for urban residential
housing, on lots of similar size to those in the current preliminary plat. The existing lots located
to the east and south are mostly similar in size to the lots in the preliminary plat, while the lots
located to the west and north are generally somewhat larger in size.
21. An expansive 100-year floodplain(Flood Zone A) is located a varying distance of 75 feet to
750 feet north of the site, from east to west.
22. The City Comprehensive Plan designates Evergreen Road, Wellesley Avenue and Progress
Road in the area as City Urban Minor Arterials; and designates Sullivan Road as an Urban
Principal Arterial. The County Comprehensive Plan designates Forker Road as a County Rural
Minor Collector. The other roads located near the site are City Urban Local Access roads. State
Route No. 290 (Trent Road) is located approximately one (1) mile driving distance south of the
site.
HE Findings, Conclusions and Decision SUB-06-04 Page 3
23. Bannen Road is paved, and curbed along the west side, from the south boundary of the site
to one lot north of Queen Avenue. Crown Avenue is paved to a half width north of the site; and
is currently being extended toward the site from the east, at the same time as Calvin Road is
being extended to the north east of the site. Wabash Avenue is paved to a half width south of the
site. Best Road and Rees Road terminate in a cul-de-sac at the north boundary of the site.
24. The owners (Fred and Dianne Boschee) of a single-family residential lot located across
from the site, at the northwest corner of Bannen Road and Queen Avenue, expressed opposition
to the preliminary plat based on the density of the preliminary plat; and potential noise,
congestion, headlight glare and property value impacts resulting from vehicles in the preliminary
accessing Bannen Road directly east of such lot, approximately 42.5 feet north of existing Queen
Avenue to the east. Such owners requested that Queen Avenue in the preliminary plat be
realigned directly opposite existing Queen Avenue on the west side of Bannen Road, to avoid
such impacts.
25. The owner (Craig Crigger) of two contiguous lots located more than 600 feet north of the
site, at the north end of Rees Court, one of which lots is improved with a single-family residence,
expressed opposition to the preliminary plat based on density, lack of public sewer in the area;
and impacts to roads and water pressure in the vicinity.
26. The owner(Robert McPherson) of a single-family residential lot located approximately 250
feet north of the site, along Best Road, raised concerns regarding dust impacts along the unpaved
portion of Bannen Road; the use of Best Road to reach Forker Road via Crown Avenue, by
traffic from the proposal, in order to avoid the unpaved portion of Bannen Road; the extent of
improvements to the roads in and adjacent to the preliminary plat, and other concerns.
27. The owner(Jeff Orwick) of a lot located 270 feet northeast of the site, along the east side of
Bannen Road, requested that the applicant pave the unimproved portion of Bannen Road lying
south of Forker Road, to mitigate maintenance impacts to Bannen Road, and to prevent increased
dust and noise impacts.
28. The owner(Geraldine Miller) of a parcel located 1,000 feet north of the site, on the north
side of Forker Road, expressed concern regarding that the residents in the project would utilize
the hillside on such parcel for hiking, and increase the fire danger in the area.
29. The owner(Rohney Chaney) of a single-family lot located directly south of the middle of
the site, at the southeast corner of the intersection of Rees Road and Wabash Avenue, submitted
a letter inquiring about the width of the roads in the development, traffic along Wabash Avenue
to the south considering its substandard improvement, setbacks for home in the preliminary plat
along the north side of Wabash Avenue, impacts to a swimming pool on such lot resulting from
improvements to Wabash Avenue, and removal of the Rees Road cul-de-sac.
30. The UR-3.5 zone,which currently applies to the site, is intended to promote areas of
primarily single-family residential use in an urbanized neighborhood setting, having a high level
HE Findings, Conclusions and Decision SUB-06-04 Page 4
of public services. This includes public sewer and water, and paved roads that may have
sidewalks. The proposal generally implements the intent of such zone.
31. Policy UL.9.1 of the Comprehensive Plan recommends that residential densities (net) in the
Low Density Residential category, which category applies to the site,range from 1-6 dwelling
units per acre. Policy UL.9.2 recommends that the County seek to achieve an average residential
density(net) in new development of at least four(4) dwelling units per acre, through a mix of
densities and housing types. Policy UL.8.1 recommends that mixed-income development be
provided for in residential areas.
32. The density(net) of the preliminary plat, at 3.86 dwelling units per acre, is slightly less than
the average residential density recommended in the Low Density Residential category of the
Comprehensive Plan, but is appropriate considering the site lies near the UGA boundary.
33. Policies UL.2.20 and T.4a.12 of the Comprehensive Plan encourage new residential
developments to be arranged in a pattern of connecting streets and blocks, to allow people to get
around easily by foot, bicycle, bus or car. Cul-de-sacs or other closed street systems may be
considered appropriate where topography or other physical limitations make connecting systems
impractical, and under certain other circumstances.
34. Policy T.4a.13 encourages local access streets that are curvilinear, narrow or use other
street designs consistent with safety requirements, to discourage through traffic in neighborhoods
where such design fits into the surrounding street systems and aids in implementing specific land
use designs. Policy UL.2.14 of the Comprehensive Plan recommends that separated sidewalks be
required on public roads in all new residential subdivisions
35. Policy T.4a.2 recommends that the capacity of existing roads be maximized to reduce the
need for new or expanded roads, through the use of signalization, improved signage and other
means. 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.
36. 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.
37. 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.
HE Findings, Conclusions and Decision SUB-06-04 Page 5
38. Pursuant to Section 3.04 of the City Road Standards, the minimum distance from the
centerline of any road intersecting with a Local Access road or Collector Arterial road to the
centerline of the next intersecting road is 150 feet.
39. The applicant submitted a traffic study prepared by a qualified engineering consultant. The
traffic study indicated, among other findings, that only 5% of the vehicle trips generated by the
project would access Forker Road north of the site; and that a failing level of service exists at the
intersection of Sullivan Road and Wellesley Avenue to the southeast,which intersection would
be impacted by the project.
40. City Engineering conditions of approval and the MDNS issued for the preliminary plat
require the applicant to contribute $10,000 toward a County road project that will install a traffic
signal at the intersection of Sullivan Road and Wellesley Avenue, and extend Sullivan Road to
Forker Road. This will mitigate the impact of the traffic generated by the project on the
intersection of Wellesley Avenue and Sullivan Road
41. The preliminary plat map illustrates the dedication of 19 feet of right of way along the
frontage of the site with existing Wabash Avenue to the south. City Engineering conditions of
approval inadvertently fail to require such dedication and associated border easement. City
Engineering conditions require the applicant to improve such portion of Wabash Avenue by
adding 30 feet of asphalt, curb and gutter on both sides of the street, and sidewalk and a planting
strip along the preliminary plat side of the road.
42. City Engineering conditions of approval require the applicant to dedicate 19 feet of right of
way along the frontage of the site immediately south of Lots 1 and 2, Block 4 of the preliminary
plat, to provide a half right of way for Wabash Avenue in the southeast corner of the site. The
conditions require that the half right of way be improved with 15 feet of asphalt, curb, asphalt
and sidewalk; and that proper signage and barricading of such right of way to through traffic be
provided, until the land to the south is developed and the road can be extended and widened to
City standards.
43. City Engineering conditions of approval require the existing cul-de-sac at the intersection
of Wabash Avenue and Rees Road be tied into Wabash Avenue in the preliminary plat, including
the proper radii and transition to meet the existing curb along Rees Road in the cul-d-sac.
44. City Engineering conditions of approval require the intersection of Wabash Avenue and
Best Road be improved to provide a safe transition into the neighborhood; including removal and
replacement of the curb on the west portion of the cul-de-sac with a straight curb that aligns with
Best Road in the preliminary plat, and providing a smooth transition to Wabash Avenue from the
east portion of the cul-de-sac.
45. City Engineering conditions of approval require the applicant to dedicate 19 feet of right of
way; add 15 feet of asphalt from centerline; and add curb, gutter,planting strip and sidewalk;
along the frontage of the site with the existing portion of Crown Avenue.
HE Findings, Conclusions and Decision SUB-06-04 Page 6
46. City Engineering conditions of approval require the applicant to dedicate 19 feet of right of
way for Crown Avenue,between existing Crown Avenue and the east border of the site; install
15 feet of asphalt from centerline, curb, gutter, sidewalk and planting strip along the plat side of
the right of way; and add 12 feet of asphalt and a 2-foot wide gravel shoulder on the opposing
side of the street. The requirement for the north side of the street is based on the acquisition of
right of way from the owner of the land lying to the north, pursuant to a road improvement
district waiver executed in 1999.
47. City Engineering conditions of approval require the dedication of right of way at the
intersection of Crown Avenue and Bannen Road, to provide a proper turning radius, and the
addition of asphalt on both sides of Crown Avenue at the intersection of such roads.
48. City Engineering conditions of approval require the applicant to install 15 feet of asphalt,
curb, gutter, sidewalk and planting strip along the frontage of the site with Bannen Road. The
conditions require the addition of 12 feet of asphalt and a 2-foot gravel shoulder along the west
side of Bannen Road where it is currently unimproved, south of Crown Avenue. The conditions
require the dedication of 19 feet of right of way along the frontage of the site with Bannen Road.
49. The City Engineering requirements for the dedication of 19 feet of right of way along the
frontage of the site with Bannen Road and Crown Avenue, and the corresponding dedicatory
requirement for the turning radius at the intersection of such streets, is inconsistent with the
preliminary plat map. The map illustrates the dedication of 10 feet of right of way along Bannen
Road and 22.5 feet along Crown Avenue, along with the corresponding dedication of right of
way for the turning radius at the intersection of such streets.
50. The centerline of Bannen Road is located 15 feet west of the site, the existing right of way
for the improved portion of the road is 45 feet, and the existing right of way for the unimproved
portion of the road is 30 feet. The existing right of way for the improved portion of Crown
Avenue is 30 feet,with no existing right of way located east of such point. The preliminary plat
map illustrates Crown Avenue east of the site as having a 45-foot right of way width, with the
centerline located in the middle of the right of way.
51. Under the City Road Standards, the required width for a curbed Urban Local Access is 38
feet, 19 feet from centerline. Since Bannen Road already has a half right of way width of 15 feet
on the east side of the road, only four(4) feet of additional right of way must be dedicated by the
applicant on such portion of Bannen Road, along with the corresponding turning radius at Crown
Avenue.
53. The dedication of a half right of way for Crown Avenue illustrated on the preliminary plat
map of 22.5 feet exceeds the right of way required by City Engineering conditions and City Road
Standards, although it matches the right of way for Crown Avenue to the east. Under the City
Road Standards, only 19 feet of right of way must be dedicated.
HE Findings, Conclusions and Decision SUB-06-04 Page 7
54. Property owners along Wabash Avenue, and the owner of the parcel abutting the portion of
Crown Avenue that will be created east of existing Crown Avenue, have previously signed
waivers to the formation of road improvement districts. See attachments to Memorandum in
Support of Application. Accordingly, City Engineering conditions authorize the applicant to
accomplish the improvements required along the east portion of Wabash Avenue, and existing
Crown Avenue, through the establishment of a Local Improvement District (LID), respectively.
If a LID is formed for either improvement, the applicant would be required to bear a
proportionate share of the cost of the improvement.
55. Considering the small amount of traffic the proposal will generate to the north, there is an
insufficient basis to require the applicant to improve Barmen Road between the site and Forker
Road to the north. The project will not result in significant traffic impacts along Best Road to the
north, or a significant increase in dust impacts along Barmen Road to the north.
56. The alignment of Queen Avenue in the preliminary plat along Bannen Road will result in
some traffic headlight impact to the south side of the residence and back yard of the lot (Boschee
property) located southwest of the intersection of proposed Queen Avenue and Bannen Road.
An existing arborvitae hedge located along such frontage south of the residence will partially
mitigate such impact. The residence on such lot faces existing Queen Avenue, and the attached
garage of the residence faces Bannen Road.
57. The applicant indicated that it would be difficult to align Queen Avenue in the preliminary
plat with Queen Avenue to the west, because of the location of the existing residence along
Barmen Road in the preliminary plat, and the 150-foot wide separation distance required by the
City Road Standards between the roads in the project. Queen Avenue may need to be moved 3.5
feet to the north, since only 19 feet of right of way dedication is required for Crown Avenue
instead of the 22.5 feet illustrated on the preliminary plat map.
58. The west end of Queen Avenue in the preliminary plat could be curved to the south to
intersect Bannen Road opposite existing Queen Avenue, similar to Olympic Avenue in the
preliminary plat; although this would require the realignment of lots and the possible loss of lots
in the preliminary plat. The applicant should be required to either realign the west end of Queen
Avenue; or provide additional buffering on the Boschee property, as approved by the Boschees,
for headlight impacts.
59. The preliminary plat provides adequate connectivity to the surrounding public road system;
including connections to the north and south at Best Road, connections to the west at Queen and
Olympic Avenue, a connection to the east at Crown Avenue, and a potential connection to the
east at Wabash Avenue.
60. The preliminary plat, as conditioned, will not have a significant impact on the
transportation system in the area, and complies with the transportation concurrency requirements
of the City Phase I Development Regulations.
HE Findings, Conclusions and Decision SUB-06-04 Page 8
61. The County Phase I Development Regulations do not require direct concurrency for schools
or parks. County Utilities certified the availability of public sewer to the project, and indicated
that the applicant would extend public sewer to the site. This will require the construction of a
lift station to pump sewage to existing sewer facilities in the applicant's subdivisions being
developed to the east.
62. Trentwood Irrigation District#3 certified that public water was available to serve the
preliminary plat; and indicated that the preliminary plat was consistent with the district's water
plan, the water system has a current State permit that allows the number of water connections
proposed, adequate fire flow exists for the project, and water pressure of 1,000 or more gallons
per minute is available.
63. The applicant's engineer testified that a looped water system would be provided in the
project, which may improve water pressure in the vicinity. The local fire district requested the
installation of new fire hydrants for the preliminary plat.
64. The applicant contended in its Memorandum in Support of Application that the Examiner is
barred from questioning the density of the proposal, under RCW 36.70B.030, because the
proposed density is consistent with the zoning adopted for the site. However, this is unclear,
since RCW 36.70B.030 applies only to development regulations adopted under chapter 30.70A
RCW, the State Growth Management Act(GMA). See RCW 36.70B.040. The County
development regulations adopted by the City upon incorporation were originally adopted by the
County under the GMA; however, the City is required to adopt its own comprehensive plan and
development regulations under GMA within three (3) years from the date of its incorporation in
2003.
65. Considering the zoning of the area and other developments 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.
66. 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.
67. The preliminary plat has been conditioned for compliance with the UR-3.5 zone, the
County Zoning Code, the County Subdivision Ordinance, and other applicable development
regulations. The Examiner has revised some of the road conditions for the preliminary plat,
based on the above findings of fact.
68. As conditioned, the project will be reasonably compatible with neighboring land uses, and
HE Findings, Conclusions and Decision SUB-06-04 Page 9
will not adversely impact the public health, safety and general welfare.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The preliminary plat and dedication, as conditioned, conform to the City Comprehensive
Plan and will serve the public use and interest.
2. The preliminary plat and dedication, as conditioned, make appropriate provision for the
public health, safety and general welfare; and also make appropriate provision for open spaces,
roads, drainage ways, schools and school grounds, playgrounds,parks and recreation, sidewalks
for children who walk only to school, noise and dust emissions, sanitary wastes,potable water
supplies, easements, utilities, planning features, and all other relevant facts as specified in RCW
58.17.110 and the City Subdivision Ordinance.
3. The preliminary plat, as conditioned,meets the general design and other requirements listed
in Chapter 12.400 of the City Subdivision Ordinance for a proposed subdivision.
4. The proposed preliminary plat, as conditioned, conforms to the City Comprehensive Plan,
and bears a substantial relationship to the public health, safety and welfare.
5. The procedural requirements of the State Environmental Policy Act and the City's Local
Environmental Ordinance have been met. The MDNS issued for the preliminary plat was
appropriate.
6. The proposal, as conditioned, complies with the UR-3.5 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 application for a
preliminary plat is hereby approved, subject to the conditions of the various agencies specified
below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
HE Findings, Conclusions and Decision SUB-06-04 Page 10
Failure to comply with the conditions of this approval may result in revocation of this
approval by the Hearing Examiner. This approval does not waive the applicant's obligation to
comply with all other requirements of other public agencies with jurisdiction over land
development.
Conditions of Approval:
A. General conditions:
The following are general conditions of approval that apply to File No. SUB-06-04
(Preliminary Plat):
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. The proposal shall comply with the provisions of Chapter 14.616 (Urban Residential-3.5
zone) of the City Zoning Code.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
2. The applicant 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.
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 Director of Utilities, Spokane County, shall authorize the sewage disposal method.
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-3.5 zone or successor zoning designation in effect at the time of building permit application."
HE Findings, Conclusions and Decision SUB-06-04 Page 11
2. Submit a final plat adding"Road"to the street names going north and south.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
3. Due to the existing failing level of service at Wellesley and Sullivan, the developer is
required to participate in the Bigelow Gulch/Forker Road Connector Spokane County Project#6.
This requires a payment in the amount of$10,000 toward such project prior to finalization of the
initial phase of the plat.
4. A Professional Engineer, licensed in the state of Washington, shall submit final road and
drainage plans and a drainage report including calculations that conform to the 2001 Edition of
the Spokane County Standards for Road and Sewer Construction, the 1998 Spokane County
Guidelines for Stormwater Management (as adopted by the City of Spokane Valley), and all
other applicable standards.
5. The intersection of Wabash Avenue and Rees Road shall be improved as follows:
a. The existing cul-de-sac shall be tied in to the proposed Wabash Street to meet
intersection requirements as per the current City of Spokane Valley Street standards. This
requires proper radii and transition to meet the existing curb of Rees Road in the bulb of the
cul-de-sac.
6. The intersection of Wabash Avenue and Best Road shall be improved to provide a safe
transition into the neighborhood. The curb on the west portion of the cul-de-sac shall be
removed and replaced to straighten out the curb line to match the proposed plat design. The east
portion of the cul-de-sac shall provide a smooth transition to Wabash Avenue.
7. The intersection of Crown Avenue and Bannen Road shall also meet current City of
Spokane Valley Street Standards. This includes the addition of asphalt on both sides of Crown
Avenue to ensure the proper intersection radii. A right-of-way dedication is required at the
southeast corner of this intersection to meet proper radius standards.
8. In the southeast section of the plat, frontage improvements are required for Wabash Avenue
between existing Wabash Avenue and the east border of the site (generally south of Lots 1 and 2,
Block 4 of the preliminary plat). This shall include the installation of fifteen (15) feet of asphalt,
Type B curb and gutter, a seven(7) to ten (10) foot planter strip (depending on drainage), and a
five (5) foot sidewalk on the plat side. This requires a nineteen(19) foot right-of-way dedication
and a ten (10) to thirteen(13) foot border easement (depending on drainage). Until such time as
the property lying south of these lots develop, Wabash Avenue will be barricaded for through
traffic purposes. Proper signing and barricade is required. At such time as the south property
develops, the road will be extended and widened to meet current standards.
HE Findings, Conclusions and Decision SUB-06-04 Page 12
9. The remainder of Wabash Avenue requires a nineteen (19)foot right-of-way dedication
and a ten (10) to thirteen (13)foot border easement (depending on drainage), and shall be
improved to the following standard:
a. The installation of thirty(30) feet of asphalt, and Type B curb and gutter on both sides
of the street. For the plat side of the preliminary plat, a seven (7) foot to ten(10) foot
planter strip (depending on drainage) and a five (5) foot sidewalk is required adjacent to the
curb and gutter.
b. As an alternative to the Proponent funding and constructing the improvements set
forth above, the Proponent can elect to initiate and, if necessary, fund the establishment of a
local improvement district (LID) to fund and construct the improvements.
10. Internal streets shall follow the 2001 Spokane County Road and Sewer Standards for
design, as adopted by the City. This includes the installation of thirty(30) feet of asphalt, Type B
curb and gutter, a seven(7) foot 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 ten(10)to thirteen(13) foot border easement (depending on drainage) on both sides of the
streets.
10a. To reduce headlight impacts from traffic accessing Bannen Road via Queen Avenue in the
preliminary plat, the applicant shall either realign Queen Avenue in the preliminary plat so that
it intersects Bannen Road opposite existing Queen Avenue located west of Bannen Road;provide
additional buffering on the Boschee property (as authorized by Boshee) located west of the site;
or provide other mitigation agreed to by the applicant, the Boschees and the City Engineer.
11. Crown Avenue, from the intersection of Bannen Road to the east end of the existing asphalt
requires the following improvements:
a. The installation of fifteen(15) feet of asphalt from centerline, type B curb and gutter,
a seven(7) foot to ten(10) foot planter strip and a five (5) foot sidewalk. This requires a
nineteen (19) foot right-of-way dedication and a ten (10) to thirteen (13) foot border
easement dedication.
12. For the section of Crown Avenue from the existing asphalt to the east edge of the plat, the
following improvements are required:
a. On the plat side, fifteen (15) feet of asphalt from centerline, type B curb and gutter, a
seven(7) to ten (10) foot planter strip and a five (5) foot sidewalk are required. This
requires a nineteen(19) foot right-of-way dedication and a ten(10) to thirteen(13) foot
border easement dedication.
b. On the opposing side, where additional right of way will be obtained from the
adjacent owner, the installation of twelve (12) feet of asphalt and a two (2)-foot gravel
shoulder.
HE Findings, Conclusions and Decision SUB-06-04 Page 13
c. As an alternative to the Proponent funding and constructing the improvements set
forth above, the Proponent can elect to initiate and, if necessary, fund the establishment of a
local improvement district(LID) to fund and construct the improvements.
13. For Bannen Road the following improvements are required for the plat portion of the street:
a. Fifteen(15) feet of asphalt from centerline, type B curb and gutter, a seven (7) to ten
(10) foot planter strip and a five (5) foot sidewalk are required. This requires a four (4)foot
right-of-way dedication and a ten(10) to thirteen (13) foot border easement dedication.
14. For the unimproved (unpaved)west portion of Bannen Road, the following improvements
are required:
a. A total width of twelve (12) feet of asphalt and a two (2) foot gravel shoulder. This
shall extend to the north to the intersection of Crown Avenue and Bannen Road.
15. A Temporary Erosion and Sedimentations Control (TESC)plan, prepared by a Washington
State licensed Professional Engineer, shall be prepared and submitted with the site construction
plans. The TESC plan shall follow 1998 Spokane County Guidelines for Stormwater
Management, as adopted by the City. The TESC structures (such as silt ponds, silt traps) shall be
installed prior to the start of site work, and the TESC measures shall be implemented and
maintained throughout the duration of construction and until the site has stabilized.
16. 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.
17. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
18. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed Washington State Professional Engineer/Land Surveyor, who
shall furnish the City Engineer with"Record Drawing"plans and a certificate in writing that all
improvements were installed to the lines and grades shown on the approved construction plans
and that all disturbed monuments have been replaced. All work is subject to inspection by the
City Engineer or by his staff.
SPOKANE COUNTY DIVISION OF UTILITIES:
19. 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."
HE Findings, Conclusions and Decision SUB-06-04 Page 14
20. 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.
21. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the project.
22. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE REGIONAL HEALTH DISTRICT:
23. 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.
24. 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.
25. The water purveyor shall approve a plan for water facilities adequate for domestic use,
domestic irrigation use, and fire protection use. The 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.
26. 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.
27. A public sewer system shall be made available for the project and individual service shall
be provided to each lot prior to sale. The use of individual on-site sewage systems shall not be
authorized.
28. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
HE Findings, Conclusions and Decision SUB-06-04 Page 15
29. 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."
30. 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."
31. 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."
32. 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—DEVELOPMENT 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 submitted 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 shall be implemented and
maintained throughout the duration of construction and until the site has stabilized.
4. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed Washington State Professional Engineer/Land Surveyor, who
shall furnish the City Engineer with"Record Drawing"plans and a certificate in writing that all
HE Findings, Conclusions and Decision SUB-06-04 Page 16
improvements were installed to the lines and grades shown on the approved construction plans
and that all disturbed monuments have been replaced. All work is subject to inspection by the
City Engineer or by his staff
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
5. Dust emissions during demolition, construction, and excavation projects 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.
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 reduces 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
HE Findings, Conclusions and Decision SUB-06-04 Page 17
erosion, and provide a base for pathways. It is also recommended to use organic debris
generated on-site if possible for landscaping.
14. Proper disposal of solid waste, including demolition waste shall be salvaged, reused and
recycled or disposed of at a permitted waste handling facility.
15. Provide adequate,properly located space inside and outside the project to accommodate
equipment and containers for processing and storage of recyclables such as paper, glass,
aluminum and other metals, corrugated containers and plastics.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT-BUILDING
DIVISION
16. The applicant must follow the 1997 Uniform Fire Code Appendix III-B for fire hydrant
locations and distribution.
SPOKANE COUNTY FIRE DISTRICT NO. 1
17. Installation of new fire hydrants at the following locations is required:
1. Southeast corner of Best Road and Olympic Avenue
2. Southwest corner of Rees Road and Queen Avenue
3. Southeast corner of Bannen Road and Crown Avenue
4. Southeast corner of Bannen Road and Queen Avenue
AVISTA UTILITIES
18. A five (5)-foot utility easement strip is required to be extended west through the south lot
lines of Lots 1, 2 and 5 in Block 1 between Best Road and Bannen Road.
19. 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."
HE Findings, Conclusions and Decision SUB-06-04 Page 18
DATED this 30th day of November, 2004
CITY HEARING EXAMINER PRO TEM
/ ic. •r
Michael C. Dempsey, WSBA#8
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 November 30, 2004. The date of issuance of the Hearing Examiner's decision
is therefore December 3, 2004. THE LAST DAY FOR APPEAL OF THIS DECISION TO
SUPERIOR COURT BY LAND USE PETITION IS DECEMBER 27, 2004 (counting to the
next business day when the last day for appeal falls on a weekend or holiday).
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 maybe 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-06-04 Page 19