REZ-18-03 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification )
from the B-2 Zone to the UR-7 Zone, and ) FINDINGS OF FACT,
Preliminary Plat of Riverwalk Duplex Lots;) CONCLUSIONS OF LAW,
Applicant: Neighborhood, Inc. ) AND DECISION
File No. REZ-18-03/SUB-14-03 )
This matter coming on for public hearing on February 19, 2004,the Hearing Examiner,
after review of the subject applications and the entire record, and finding good cause therefore,
hereby makes the following findings of fact, conclusions of law and decision:
I. FINDINGS OF FACT
1. The subject applications seek approval of a zone reclassification from the Community
Business (B-2) zone to the Urban Residential-7 (UR-7) zone, on approximately 7.87 acres of an
8.79 acre site; and a preliminary plat to divide 8.79 acres into twenty-one(21) lots, including
twenty(20) lots to accommodate a total of 40 two-family(duplex) dwelling units on the portion
of the site to be rezoned to the UR-7 zone, and one (1) lot for unspecified commercial
development on the .92-acre portion of the site to remain in the B-2 zone.
2. The site is located at the northeast corner of the intersection of Barker Road and Mission
Avenue, in the SW 1/4 of Section 8, Township 25 North, Range 45 East, Willamette Meridian,
Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 55083.6101. The site is
legally described on the preliminary plat submitted by the applicant on January 22, 2004.
4. The applicant for the proposal and the site owner is Neighborhood, Inc., c/o Cliff Mort, 565
Greens Ferry Road, Post Falls, ID 83854.
6. On December 1, 2003, the Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not appealed.
7. The Hearing Examiner conducted a site visit on February 18, 2004, and conducted a public
hearing on the proposal on February 19, 2004. The requirements for notice of public hearing
were met.
8. The Hearing Examiner heard the proposal pursuant to the City Ordinance No. 03-057, as
amended by City Ordinance No.03-081, and the City Hearing Examiner Rules of Procedure.
9. The following persons testified at the public hearing held on February 19, 2004:
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 1
Kevin Snyder, Manager Don Ramsey
Current Planning Traffic Engineer
City of Spokane Valley City of Spokane Valley
11707 E. Sprague Avenue 11707 E Sprague Ave Ste 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206-6124
John Hohman Tom Vandervert
Senior Engineer CLC Associates
City of Spokane Valley 12730 East Mirabeau Parkway, Suite 100
11707 E. Sprague Avenue Spokane Valley, WA 99216-1455
Spokane Valley, WA 99206
Shirley Welch Rhonda Dolan
1509 N Aladdin Rd 18818 E Mission Ave
Greenacres, WA 99016-9460 Spokane Valley, WA 99016-9426
Charles Williams Charles Doan
1625 N Harmony Ln 1925 N Salmon River Ln
Spokane Valley, WA 99016-8786 Spokane Valley, WA 99016-8579
Andrew Worlock
CLC Associates
12730 East Mirabeau Parkway, Suite 100
Spokane Valley, WA 99216-1455
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code,
City official zoning maps for the vicinity, City Subdivision Ordinance, 2001 City Standards for
Road and Sewer Construction, 1998 City Guidelines for Stormwater Management, other
applicable development regulations, and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-18-03/SUB-14-03 at the time of the
public hearing held on February 19, 2004; the documents and testimony submitted at the public
hearing; and the items taken notice of by the Hearing Examiner.
12. The site is 8.79 acres in size, is relatively flat in topography, consists of an undeveloped
open field, and has been used for agricultural purposes in the past. The site is currently zoned
Community Business (B-2)
13. In 1982, Spokane County entered a decision approving the preliminary plat of Riverway
Villa in File No. PE-1414-81/PUDE-1-82/ZE-92-81, to divide 118 acres into 365 lots; one(1)
commercial lot on the subject property, located in the southeast corner of the preliminary plat;
and open space. The decision also approved a rezone of such acreage, except for the subject
property, to the Residential Manufactured Home zone of the now expired County Zoning
Ordinance, with an accompanying Planned Unit Development(PUD) Overlay zone; and
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 2
approved a rezone of the subject property to the Commercial zone of such ordinance; all subject
to the final platting of the subject property. See exhibit 6 attached to Staff Report in File No.
REZ-18-03/SUB-14-03.
14. Effective January 1, 1986, the County adopted the Spokane County Zoning Code, and
Program to Implement the Spokane County Zoning Code. See County Resolution No. 85-0900.
The Program to Implement provided for a 5-year transition period to replace the old zones of the
County Zoning Ordinance for property situated in the county, respectively, with the new zones of
the County Zoning Code designated for such property. See County Resolution No. 85-0900.
15. The Program to Implement provided two options for finalizing the zoning for preliminary
plats approved before January 1,1986,which preliminary plat had a projected rezone to go into
effect for the underlying land at the time of final plat approval, but was not finalized until after
January 1, 1991. The first option was to change the zoning through the time extension process
for the preliminary plat during the 5-year transition period, either to the transition zone
designated in the crossover schedule, or a zone requested by the developer of the property. The
second option was to change the zoning to the designated crossover zone at the time of final plat
approval, or allow the developer to request a different zone through the change of conditions
process.
16. Effective January 1, 1991, the Program to Implement reclassified the zoning of the
preliminary plat in File No. PE-1414-81/PUDE-1-82/ZE-92-81 to the Urban Residential-3.5
(UR-3.5) zone, subject to the provisions of the Program to Implement regarding preliminary plats
finalized after January 1, 1991.
17. Between 1982 and 1993, numerous time extensions were approved for the Riverway Villa
preliminary plat in File No. PE-1414-81/PUDE-1-82/ZE-92-81,but no portions of the
preliminary plat were finalized.
18. In 1995, the County approved certain revisions to the preliminary plat/preliminary PUD
Overlay zone, and approved a time extension for the revised preliminary plat. Such approval
provided that upon finalization of the revised preliminary plat, renamed"Riverwalk",the subject
property would be rezoned to the B-2 zone; and that the remaining acreage would be rezoned to
the UR-7 zone, and subject to a PUD Overlay zone, as provided in such decision. See Exhibit 7
attached to Staff Report in File No. REZ-18-03/SUB-14-03.
19. Between 1995 and 2000, 10 of the 13 phases of the preliminary plat were finally platted.
As each phase was finalized, the land in the phase was reclassified from the UR-3.5 to the UR-7
zone. On June 20, 2000, the County Division of Planning approved a time extension for the
remainder of the preliminary plat until July 1, 2003. Such decision provided for the rezoning of
the site to the B-2 zone at the time of final plat approval, as provided in the 1995 time extension
decision. See decision in Exhibit 8 attached to Staff Report in File No. REZ-18-03/SUB-14-03.
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 3
20. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA)boundaries and Phase I Development Regulations,pursuant to the
GMA. See County Resolution Nos. 2-0037 and 2-0470. The County Phase I Development
Regulations designated the site and neighboring land in the UGA.
21. The County Phase I Development Regulations specifically preserved the conditions of
approval or other special requirements for zone map designations established through past zoning
actions;provided, in the case of a conflict between a zoning standard of the new zone and a
condition of approval, the more restrictive standard would be applicable.
22. The County Comprehensive Plan designated the site and nearby land in the Low Density
Residential category of the County Comprehensive Plan; except for the land lying south and
southeast of the site, north of Boone Avenue,which was designated in the Medium Density
Residential category.
23. The County Comprehensive Plan designated the land in the area located further to the
south,between Boone Avenue and the Interstate 90 travel lanes, in the Light Industrial category,
except for a small pocket of land located between Cataldo Avenue and the east side of Barker
Road,which was designated in the Regional Commercial category.
24. The County Phase I Development Regulations retained the UR-3.5 zoning of the site, the
land lying west of the site and the land lying directly north of the site; and retained the UR-7
zoning of the land lying east and northeast of the site located in the Riverwalk final plats. Such
land is dominated by single-family residences; except for the large parcel of land located north of
the site and Indiana Avenue, which consists of an open field with farm buildings.
25. The County Phase I Development Regulations reclassified the zoning of the parcel of land
located west of the site, at the southwest corner of Mission Avenue and Barker Road, from the
Neighborhood Business (B-1)zone to the UR-3.5 zone. Such parcel had been rezoned to the B-1
zone in 2001, to make an existing non-conforming commercial use on such parcel a conforming
use, and to allow unspecified commercial development of the parcel. See decision in File No.
ZE-29-00.
26. The County Phase I Development Regulations reclassified the zoning of the land lying
south and southeast of the site,north of Boone Avenue,to the UR-7 zone, except for certain
parcels already zoned UR-7,which zoning was retained. Such land is developed with single-
family homes and some duplexes, except for an educational learning center located across
Mission Avenue from the site, at the southeast corner of Mission Avenue and Barker Road. The
lot sizes for single-family residences in such area are generally larger than those on other
neighboring land.
27. The County Phase I Development Regulations reclassified the zoning of the land located
southwest of the site along the west side of Barker Road,between Boone Avenue and Sharp
Avenue, from the Light Industrial (I-2) zone to the UR-7 zone. Such land is improved with a
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 4
convenience store with fuel islands, and an adjoining small strip mall. On August 15, 2002, the
County rezoned the land located immediately north of such lots, at the northwest corner of
Barker Road and Sharp Avenue, from the UR-3.5 zone to the I-2 zone,to develop a storage
facility for recreational vehicles. See decision in File No. ZE-21-01. Such use is in the process
of being developed.
28. The County Phase I Development Regulations retained the Regional Business(B-3) and I-2
zoning of the land located along the east side of Barker Road, south of Boone Avenue. Such
land is developed with a mixture of light industrial and commercial uses, including a truck stop
and restaurant. Scattered parcels of undeveloped land are found in the vicinity.
29. On March 31, 2003, the site and area were incorporated into the City of Spokane Valley.
The easterly boundary of the city is located one-half(1/2)mile east of Barker Road. Upon
incorporation, the City adopted the County Comprehensive Plan, County Zoning Code, County
official zoning maps, County Phase I Development Regulations and other County development
regulations by reference,with certain revisions.
30. The City Comprehensive Plan and City Phase I Development Regulations, respectively,
retained the comprehensive plan designations and zone classifications imposed by the County
Comprehensive Plan and Phase I Development Regulations. The site is located inside the
Aquifer Sensitive Area(ASA) Overlay zone designated by the City Zoning Code.
31. The City Comprehensive Plan designates Barker Road as an Urban Principal Arterial, and
Mission Avenue as an Urban Collector Arterial. The other roads in the vicinity are considered
Local Access roads. The Barker Road/Interstate 90 freeway interchange is located approximately
one-fourth(1/4)mile south of the site, immediately south of Boone Avenue. The Spokane River
and Spokane Centennial Trail are located approximately one-fourth(1/4)mile north of the
subject property.
32. On May 7, 2003, a final plat for the subject property, consisting of one (1) commercial lot
and referenced as Riverwalk Commercial Plat,was approved by the City of Spokane Valley and
recorded with the County Auditor. Such action completed all phases of the Riverwalk
preliminary plat.
33. Following approval of the final plat of Riverwalk Commercial on May 7, 2003, the City
designated the subject property in the B-2 zone on the City's official zoning map; as required by
the conditions of approval of the 1995 decision approving the revised preliminary plat of
Riverwalk(File No. PE-1414-81/PUDE-1-82/ZE-92-81).
34. On October 21, 2003, the applicant submitted counter complete applications for the current
preliminary plat and rezone in File No. REZ-18-03/SUB-14-03. The subject applications were
consolidated for public hearing,with approval of the proposed preliminary plat to be contingent
on approval of the proposed rezone. The preliminary plat if approved and finalized would have
the effect of resubdividing the final plat of Riverwalk Commercial.
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 5
35. The preliminary plat map of record submitted on January 22, 2004 illustrates division of the
portion of the site to be rezoned to the UR-7 zone into 20 lots and three(3) common open space
tracts for stormwater management; with each of the 20 lots to be developed for two-family
(duplex) dwellings, for a total of 40 dwelling units. The residential lots in the preliminary plat
would range from 11,000 square feet to 22,030 square feet. The remainder of the site would be
reserved as one (1) lot for unspecified commercial development, under the existing B-2 zone.
36. The preliminary plat indicates that the area reserved for roads in the residential portion of
the preliminary plat is 1.20 acres; which area the Staff Report indicates is actually 1.23 acres.
The density(net) of the residential portion of the preliminary plat,based on the corrected area
reserved for road right of way, is approximately 6.01 dwelling units per acre. This exceeds the
maximum density allowed in the UR-7 zone under the Phase I Development Regulations.
37. To meet residential density requirements, the applicant proposed reducing the size of the
proposed B-2 zone by a sufficient amount to increase the size of the residential portion of the site
so that density requirements can be met. This would require an adjustment of approximately 600
square feet, which would still allow Lot 1, Block 3 of the preliminary plat to meet the lot
dimension requirements of the B-2 zone. City Department of Community Development
recommended that such minor adjustment be permitted,which recommendation is reasonable.
38. Neighboring property owners expressed various concerns regarding the project, including
potential access conflicts with the residence across Mission Avenue from the site, development
of the site for duplexes,potential rental of the duplex units, increased traffic, excessive density,
need for mixed housing, loss of potential commercial development if the majority of the site is
rezoned to the UR-7 zone, and other concerns.
39. The applicant objected to City Community Development Department condition#11 on
page 24 of the Staff Report, insofar as requiring the installation of 20 feet of Type III landscaping
along the residential portion of the preliminary plat bordering Mission Avenue and Barker Road.
The applicant also objected to the recommendation on page 19 of the Staff Report that the
applicant install site-obscuring fencing along the east boundary of the subject preliminary plat, as
a buffer to the single-family homes located directly to the east.
40. The UR-3.5 and UR-7 zones implement the Low Density Residential category of the
Comprehensive Plan,which applies to the site. The proposed reclassification of approximately
90% of the site from the existing B-2 zone to the UR-7 zone implements the Low Density
Residential category of the Comprehensive Plan. Commercial uses and zoning, and
Comprehensive Plan designations implemented by commercial zoning, are found at the Barker
Road/I-90 freeway interchange.
41. The Staff Report sets forth applicable policies of the Comprehensive Plan. As indicated in
the Staff Report, the Comprehensive Plan recommends a density range of 1-6 dwelling units per
acre in the Low Density Residential category, and that the City seek to achieve an average
residential density of at least four(4) dwelling units per acre in new development in such
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 6
category. The residential portion of the preliminary plat, if limited to a density(net) of six (6)
dwelling units per acre conditioned, would implement such policies.
42. Policy UL.8.1 and Goal UL.8 of the Comprehensive Plan are applicable to the proposal and
recommend the creation of urban areas with a variety and mix of housing types and prices in
residential areas. The proposal implements such policy and goal by providing duplex housing in
an area dominated by single-family residential housing. The applicant indicated that some of the
lots could be sold for single-family homes instead of sold or rented as duplexes, and that the
duplexes would be a mix of single-story and two-story units.
43. Policy UL.2.10 of the Comprehensive Plan encourages mixed-use or mixed-density
developments where they would be compatible with neighborhood character. Policy UL.2.13
recommends a compatible mix of housing and commercial uses in commercial districts. The site
is located at the intersection of an Urban Principal Arterial and an Urban Collector Arterial,
which is a generally a more appropriate location for higher density housing and commercial
development, than is single-family residential housing. Some duplex housing is found to the
south and southeast.
44. Policy UL.2.26 of the Comprehensive Plan recommends that effective landscape buffers
and/or transitional uses be required between incompatible commercial and residential uses;to
mitigate noise, glare and other impacts associated with the uses. The duplex housing in the
project provides a buffer between the B-2 zone portion of the preliminary plat and the single-
family housing located to the east. The UR-7 zone does not require a landscape buffer or fencing
between duplexes and single-family residences located in such zone.
45. The B-2 zone requires a minimum rear yard setback of 15 feet, and requires a minimum
side yard of 15 feet for a B-2 zone located adjacent to a UR-7 zone. The B-2 zone limits the
height of buildings or structures developed in such zone to 35 feet when located within 100 feet
of the UR-7 zone.
46. Zoning Code 14.806.040 (1)(d)requires the installation of 20 feet of Type I(screen-type)
landscaping along the north and east boundaries of the B-2 zone portion of the preliminary plat
that abuts the portion of the preliminary plat to be zoned UR-7. Pursuant to Zoning Code
14.806.060, this would require the entire 20-foot width to be landscaped, with the sight-
obscuring portion of such landscaping required to be at least five (5) feet wide and located
farthest away from the property line.
47. Zoning Code 14.626.350 requires that at least five (5) of the 15-foot side yard and rear yard
setbacks required for the B-2 zone in the preliminary plat, lying adjacent to the portion of the site
to be rezoned to the UR-7 zone, to be landscaped with Type II, Type II and Type IV landscaping.
This is in addition to the 20 feet of Type I landscaping required along such boundaries by Zoning
Code 14.806.040 (1)(d). The City Community Development Department recommended that
Type II(visual buffer) landscaping be required, to satisfy Zoning Code 14.626.350. The
applicant did not object to this requirement, which appears reasonable.
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 7
48. Policy UL.13.6 of the Comprehensive Plan recommends landscaping along streets,
sidewalks and parking areas in commercial development, to provide an attractive appearance.
Policy UL.2.15 of the Comprehensive Plan encourages the planting of curbside trees in
residential subdivisions. The Zoning Code requires the installation of five (5) feet of Type III
landscaping(see-through buffer) along the portion of the B-2 zone that abuts the public streets of
Barker Road and Mission Avenue. Type III landscaping includes a mix of evergreen and
deciduous trees.
49. City Zoning Code 14.806.040 (2)(a)requires the installation of 20 feet of Type III
landscaping along adjacent public streets within all developments "in the multiple family
residential zones (UR-7,UR-12 and UR-22)". Because of the somewhat ambiguous reference to
"multiple family" in such standard, the Examiner in the past has not enforced this standard for
single-family residential subdivisions in the UR-7 zone, and has authorized some deviation from
this standard for duplex subdivisions in the UR-7 zone.
50. A reasonable deviation from the landscaping standard in City Zoning Code 14.806.040
(2)(a), concurred in by City Community Development staff, and consistent with the street side
buffer required for the B-2 zone portion of the project, would be to require the applicant to install
five (5) feet of Type 5 landscaping along the residential portion of the preliminary plat adjacent
to the perimeter roads of Barker Road, Mission Avenue and Indiana Avenue.
51. Policy UL.2.14 of the Comprehensive Plan recommends that separated sidewalks be
required on public roads in all new subdivisions. Policy 13.6 recommends the installation of
sidewalks for commercial development. Policy T.4a.8 encourages curbside landscaping
consistent with safety requirements.
52. The 2001 City Standards for Road and Sewer Construction require the installation of
concrete curb, gutter and sidewalks along both sides of new or reconstructed roads in all urban
and commercial land use zones. The City plans to improve Barker Road between Interstate 90
and the Spokane River in 2005 to a 3-lane section for an Urban Principal Arterial, including road
widening and the installation of curb and sidewalk; and to install a new traffic signal at the
intersection of Barker Road and Mission Avenue. A 3-lane roadway section would include a
bicycle lane along Barker Road,which is a designated bikeway under the Comprehensive Plan.
53. City Engineering conditions of approval require the applicant to make frontage
improvements along Mission Avenue, including the installation of curb and sidewalk; and to
contribute a proportionate share of the funding for the new traffic signal. Such conditions also
require the applicant to make frontage improvements including sidewalk to Indiana Avenue, and
install curb and sidewalk along the internal streets in the project.
54. The preliminary plat implements Policies T.4a.11 and T.4a.12 of the Comprehensive Plan
by reducing the number of access points on Barker Road, a Principal Arterial, and providing
direct access between Indiana Avenue and Mission Avenue. The site is located inside the Public
Transit Benefit Area designated by the City Zoning Code, and public transit service is available
in both Barker and Mission Avenue adjacent to the site.
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 8
55. City Engineering conditions restrict access from the B-2 zone portion of the preliminary
plat to right-in and right-out. Testimony submitted by the applicant's land use consultant
establishes that such access, and the access to Mission Avenue at Drummond Avenue in the
preliminary plat will not conflict with access for the residential parcels located south and
southeast of the site across Mission Avenue.
56. Consolidated Irrigation District No. 19 certified the availability of public water service to
serve the subject preliminary plat, and County Utilities certified the availability of public sewer.
The subject application meets the sewer, water and transportation concurrency requirements of
the City's Phase I Development Regulations. This implements policies UL.7.12 and UL.13.6 of
the Comprehensive Plan.
57. The City Phase I Development Regulations do not require direct concurrency for schools,
parks,police or fire protection.
58. The site is located in Central Valley School District,which was contacted regarding the
project but did not submit any substantive comments. The City Capital Facilities Plan indicates
that by 2006 the District would have a surplus in its elementary and junior high schools. The
District has built two new high schools since 2000,which assures adequate capacity in the
district's high schools to serve the project at the time of build-out.
59. The City Capital Facilities Plan indicates that in 2000 there was a modest deficiency of
County parkland in the NE Valley Urban Sub-area where the site is located to meet the current
level of service. The Plan indicates that there should be a surplus of County park acreage by year
2006, although no specific projects are identified in the applicable sub-area. The Spokane
Centennial Trail provides recreational opportunities one-fourth(1/4) mile north of the site.
60. City Engineering drainage conditions, and the common open space tracts in the preliminary
plat, ensure that appropriate provision for stormwater control and treatment will be provided.
61. The duplex lots in the preliminary plat would have the same UR-7 zoning as the single-
family lots located to the east. The maximum building height in the UR-7 zone is 35 feet. The
duplex lots proposed along the east border of the preliminary plat are relatively deep, and the
duplexes are planned to be 1-2 story structures. Perimeter fencing has, or can be installed along
the west borders of the single-family homes located east of the site. The Examiner does not find
a sufficient basis to require the east border of the preliminary plat to be fenced.
62. The Staff Report recommends that the Hearing Examiner include a condition of approval
requiring that if the applicant does not pursue non-residential development on that portion of the
preliminary plat remaining in the B-2 zone (i.e. Lot 1, Block 3)within five (5)years, that the
zoning of such land automatically revert to the UR-7 zone, as amended. The basis given for such
recommendation is RCW 58.17.170.
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 9
63. RCW 58.17.170 provides, in pertinent part,that any lots in a final plat filed for record shall
be a valid land use notwithstanding any change in zoning laws for a period of five (5) years from
the date of filing. RCW 58.17.170 also provides that a final plat shall be governed by the terms
of approval of the final plat, and the statutes, ordinances and regulations in effect at the time of
final plat approval, unless the legislative body finds that a change of conditions creates a serious
threat to the public health or safety in the subdivision.
64. RCW 58.17.033 provides that a preliminary plat shall be considered under the development
regulations in effect when a fully completed application for the preliminary plat was submitted.
The land in the preliminary plat represented by Lot 1, Block 3 was zoned B-2 at the time a
complete application for the preliminary plat was submitted on October 21, 2003. Such zoning
was established upon the recording of the final plat of Riverwalk Commercial Plat on May 7,
2003. This was after the City adopted the County Phase I Development Regulations and County
official zoning maps by reference on March 31, 2003.
65. Since the land underlying Lot 1, Block 3 of the preliminary plat is currently zoned B-2,
there is no legal basis under RCW 58.17.170 to require the zoning of such land to revert to the
UR-7 zone five(5) years after approval of a final plat for such lot. If the City changes the zoning
of such land from the B-2 zone, RCW 58.17.170 may come into play, or the change in zoning
could affect a time extension request submitted for the preliminary plat.
66. The Examiner concurs with the analysis in the Staff Report finding the preliminary plat to
be consistent with the Comprehensive Plan and applicable development regulations, as
supplemented and distinguished above.
67. In accordance with the City Subdivision Ordinance, 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.
68. 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.
69. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare.
70. The proposal has been conditioned for compliance with the UR-7 and B-2 zones, the
County Zoning Code, the County Subdivision Ordinance, and other applicable development
regulations. No deficiencies with regard to the compliance of the proposal, as conditioned,with
applicable development regulations have been established in the record.
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 10
71. Significant changes have occurred in the area since the portion of the site to be rezoned was
zoned UR-3.5 zone in 1991. This includes the extension of public sewer to the area, adoption of
the Comprehensive Plan and the Phase I Development Regulations, approval and finalization of
the preliminary plat of Riverwalk, approval of the final plat of Riverwalk Commercial Plat and
the rezoning of the land therein to the B-2 zone, road improvements to Mission Avenue,planned
road improvements to Barker Road, and increased urbanization of the area.
Based on the above findings of fact, the Hearing Examiner enters the following:
II. CONCLUSIONS OF LAW
1. The proposed preliminary plat and zone reclassification to the UR-7 zone, as conditioned,
generally conform to the Comprehensive Plan.
2. The preliminary plat and dedication will serve the public use and interest; and make
appropriate provision for the public health, safety and general welfare.
3. The preliminary plat and dedication 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, non-motorized transportation, 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.
4. The proposed subdivision meets the general design requirements specified in Section
12.400.122 of the City Subdivision Ordinance, and other requirements for the approval of
preliminary plats listed in chapter 12.400 of such ordinance.
5. The proposed rezone bears a substantial relationship, and will not be detrimental, to the
public health, safety or welfare.
6. A change in economic,technological, or land use conditions has occurred to warrant the
proposed rezone, and a substantial change of circumstances has occurred in the area since the site
was last zoned.
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. The proposal, as conditioned, complies with the UR-7 and B-2 zones, the City Zoning
Code, and other applicable development regulations.
9. Approval of the zone reclassification is appropriate under Chapter 14.402.020 of the City
Zoning Code, and under City Ordinance No. 03-57, as modified by Ordinance No. 03-081.
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 11
III. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject applications for a
preliminary plat and zone reclassification are hereby approved, subject to the conditions of the
various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
Failure to comply with the conditions of this approval may result in revocation of this
approval by the Hearing Examiner. This approval does not waive the applicant's obligation to
comply with all other requirements of other public agencies with jurisdiction over land
development.
Upon expiration of the appeal period, City staff shall prepare an ordinance or other
appropriate document for execution by the City Council for the City of Spokane Valley,
providing for adoption of the subject rezone and amendment to the City Zoning Map as an
official control of the City of Spokane Valley.
CONDITIONS OF APPROVAL:
A. General conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. The Spokane Valley Interim Zoning Map shall specify an Urban Residential-7* (UR-7*)
designation for all of the subject parcel; except for the land represented by Lot 1, Block 3 of the
preliminary plat map, adjusted in size as indicated below,which land shall remain in the
Community Business (B-2) zoning designation.
2. The maximum net residential density for the residential portion of the preliminary plat
rezoned to the UR-7 zone shall be six (6) dwelling units per acre. Lot 1, Block 3 of the
preliminary plat shall be reduced in size so that the residential portion of the preliminary plat
complies with such density requirement.
3. The residential portion of the plat rezoned to the UR-7 zone shall be limited to a maximum
of forty(40) dwelling units, which units shall be either two-family(duplex) or single-family
dwelling units.
4. Pursuant to Section 12.100.116 (Expiration of Approval) of the City Interim Subdivision
Ordinance, the preliminary plat approval in File No. REZ-18-03/SUB-14-03 (Riverwalk Duplex
Lots Consolidated Rezone/Preliminary Plat) shall automatically expire five (5)years from the
date of preliminary plat approval, at the close of business on March 12, 2009. If a request for an
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 12
extension of time is not submitted within the time period prior to such expiration date required
by the City Subdivision Ordinance, and approved by the City, the preliminary approval shall
expire and the preliminary plat is null and void.
5. Pursuant to Section 12.100.118 (Extensions of Time) of the City Interim 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.
6. Pursuant to Section 12.100.120 (Modifications) of the City Interim Subdivision Ordinance,
any request for a proposed modification to a preliminary plat that has received preliminary
approval shall be submitted to the Current Planning Division for review and approval.
7. Pursuant to Section 12.100.130 (Enforcement) of the City Interim Subdivision Ordinance,
any sale, lease, or transfer of any lot or parcel created pursuant to such ordinance that does not
conform to the requirements of the preliminary plat approval, or that occurs without approval,
shall be considered a violation of chapter 58.17 RCW, shall be restrained by injunctive action
and shall be illegal, as provided in chapter 58.17 RCW. Each sale, lease, or transfer of each
separate lot or parcel of land in violation of any provision of this ordinance shall be deemed a
separate and distinct offense.
8. Pursuant to Section 12.400.132 (Utilities) of the City Interim Subdivision Ordinance,when
the density of a proposed subdivision meets or exceeds three lots per gross acre within the
exterior boundaries, the subdivision shall provide underground utilities within public rights-of-
way, alleys or utility easements including,but not limited to,those for electricity,
communications, and street lighting. The subject plat's gross density is 4.55 dwelling units per
acre; therefore, all utilities within the plat shall be underground.
9. If the applicant or successors in interest wish the Director to waive the underground utilities
requirement, a written request shall be submitted to the Community Development Director
requesting a waiver of the requirement and providing a detailed explanation of the conditions,
physical or otherwise, that make underground installation impractical.
10. Except where noted in the conditions of approval, the proposal shall comply with the
provisions of Chapters 14.618 (Urban Residential-7) and 14.626 (Community Business) of the
City Interim Zoning Code.
11. Landscaping within the required buffers along street frontages shall be installed in
conformance with Zoning Code Section 14.806.120 (Installation and Security Requirements),
and shall be maintained in conformance with Zoning Code Section 14.806.140 (Maintenance
and Enforcement).
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 13
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
12. The applicant is advised that there may be utilities either underground or overhead affecting
the applicant's property, including property to be dedicated or set aside for future acquisition.
The City of Spokane Valley shall assume no financial obligation for adjustments or relocation
regarding these utilities. The applicant shall be responsible for contacting all applicable utility
companies regarding the responsibility for adjustment or relocation costs and to make
arrangements for any necessary work.
13. Future access to Barker Road for Lot 1, Block 3 shall be restricted to right-in/right-out
movements only, and shall only be authorized after receipt of engineering approval from the City
of Spokane Valley Engineering Division.
SPOKANE REGIONAL HEALTH DISTRICT:
14. The use of private wells and water systems shall be prohibited.
15. Water service shall be coordinated through the Director of Utilities, Spokane County.
16. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
17. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
B. Prior to final plat approval,the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. Submit a revised final plat that increases the size of the residential portion of the
preliminary plat to be rezoned UR-7, and decreases the size of the commercial portion of the
preliminary plat zoned B-2, to allow the residential portion of the preliminary plat to meet
density(net) requirements of six (6) dwelling units per acre.
2. Make any and all revisions to lot configurations in the preliminary plat necessary to meet
density(net)requirements for the residential portion of the preliminary plat shall comply with the
development standards set forth in Chapters 14.618 (UR-7 zone) and 14.626(B-2 zone) of the
City Interim Zoning Code.
3. Pursuant to Section 12.400.124 (Roads) of the City Interim Subdivision Ordinance,
improve or make appropriate provisions for the construction of required public and private roads
consistent with the City of Spokane Valley's Interim Standards for Road and Sewer
Construction, as amended.
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 14
4. Pursuant to Section 12.400.126 (Sewage Disposal) of the City Interim Subdivision
Ordinance, construct or make appropriate provisions for the construction of required public
sewer improvements.
5. Pursuant to Section 12.400.128 (Water Supply) of the City Interim Subdivision Ordinance,
construct or make appropriate provisions for the construction of required public water
improvements.
6. Pursuant to Section 12.400.130 (Stormwater Runoff) of the City Interim Subdivision
Ordinance, construct or make appropriate provisions for the management of stormwater runoff.
7. Pursuant to Section 12.400.132 (Utilities) of the City Interim Subdivision Ordinance,
submit a final plat specifying easements inclusive of location and width for electric,water, sewer,
gas and similar utilities.
8. Pursuant to Section 12.400.134 (Professional Land Surveyor) of the City Interim
Subdivision Ordinance, submit a final plat designed by or under the supervision of a professional
land surveyor, who shall certify on the final plat that it is a true and correct representation of the
lands actually surveyed. All surveys shall comply with the Survey Recording Act (RCW 58.09),
Survey and Land Descriptions (WAC-332-130), and the City of Spokane Valley's Interim
Standards for Road and Sewer Construction, as amended.
9. Submit a final plat that complies with all submittal requirements specified in Section
12.400.136 (Mapping Requirements), Section 12.400.138 (Monumentation), Section
12.400.140 (Final Plat Submittal) and Section 12.400.142 (Contents of Final Plat) of the City's
Interim Subdivision Ordinance.
10. Pursuant to Section 12.400.144 (Filing) of the City Interim Subdivision Ordinance,
submit prior to the recording of the final plat all required recording fees, including appropriate
fees to pay for the cost of three (3) copies of the recorded final plat for distribution to the City
of Spokane Valley Planning, Engineering and Building Divisions. The City of Spokane Valley
shall record with the Spokane County Auditor's Office the final plat, upon receipt of such fees
and upon receipt of all required signatures on the face of the plat.
11. Pursuant to Section 12.400.138 (Monumentation) of the City Interim Subdivision
Ordinance, establish monumentation, as required by the City of Spokane Valley Standards for
Road and Sewer Construction, as amended.
12. Pursuant to Section 12.400.138 (Monumentation) of the City Interim Subdivision
Ordinance, mark every lot corner with an iron rod or iron pipe that is marked in a permanent
manner with the registration number of the professional land surveyor in charge of the survey,
and further, mark each lot corner with a wooden stake.
13. 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
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 15
standard, maximum lot coverage standard and other applicable lot development standards for the
UR-7 zone and B-2 zone, respectively, or successor zoning designation in effect at the time of
building permit application."
14. Submit a final plat specifying the provision of a minimum five (5)foot wide Type III Visual
Buffers along the residential portion street frontages abutting Barker Road, Indiana Avenue and
Mission Avenue.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
15. 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.
16. Submit a final plat specifying a change in street name for Drummond Road to Drummond
Street.
17. Drummond Street shall follow the City of Spokane Valley Road standards for a Local
Access road section. The street cross-section shall include 38 feet of public right-of-way, 30
feet of asphalt and a 10-foot to 13-foot wide border easement on each side.
18. Prior to final plat approval, the applicant or successors in interest shall for the residential
portion of the project pay to the City of Spokane Valley a proportionate share of the costs of the
improvements at the Barker/Mission Avenue intersection, or shall enter into an agreement
identified and approved by the City's Public Works Director agreeing to contribute an
identified upon proportionate share to the Barker/Mission Avenue improvement costs.
Pursuant to the February 10, 2004 memorandum from Don Ramsey, Traffic Engineer, the
proportionate share portion for the residential portion of the proposal shall be 0.6 percent of the
total cost of the improvements at the Barker/Mission Avenue intersection.
19. Frontage improvements along the proposed plat's Mission Avenue frontage shall be
constructed in accordance with the P-1414K Riverwalk Commercial Site Street and Drainage
Plans accepted by Spokane County on February 7, 2003.
20. Submit a final plat specifying the labeling, location, numbering or alphabetical reference,
size (in square feet) and any other intended uses of all tracts or easements intended for drainage
purposes.
21. Prior to final plat approval, submit a final plat containing the following note on the face
of the final plat: Please note that the following statement shall be placed on the face of the final
plat:
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 16
"Drainage easements as platted and shown hereon, which are for the purpose of conveying
and storing stormwater runoff, and for installing, operating and maintaining drainage ponds
and drainage facilities which dispose of and treat stormwater runoff, are hereby granted to the
City of the Spokane Valley. The drainage easements are located on( ) [TO BE
DETERMINED AT TIME OF ENGINEERING REVIEW].
The City of Spokane Valley and its authorized agents are hereby granted the right to ingress
and egress to, over and from all public drainage easements for the purposes of inspection and
emergency maintenance of drainage swales,ponds, ditches, culverts and other drainage
facilities, if not properly maintained by the lot owners. The City of Spokane Valley does not
accept the responsibility to inspect or maintain drainage facilities located outside of public
rights-of-way, except in cases where the City of Spokane Valley specifically assumes that
responsibility in writing. Neither does the City of Spokane Valley accept any liability for any
failure by the property owners to properly maintain such areas.
The property owners within this plat shall be held responsible for keeping open and maintaining
the surface path of natural or man-made drainage flow over and across their respective
properties. If the property owners fail to maintain the surface path of natural or man-made
drainage flow, or drainage facilities on private properties, a notice of such failure may be given
to the property owners. If not corrected within the period indicated on said notice,the City of
Spokane Valley has the right to correct the maintenance failure, or have it corrected, at the
expense of the property owners.No structures,including fences, shall be constructed directly
over or within a natural drainage channel or drainage ditch without the expressed written
consent of the City Engineer.
The City of Spokane Valley does not accept the responsibility of maintaining the drainage
course on private lots nor the responsibility for any damage whatsoever, including,but not
limited to, inverse condemnation to any properties due to deficient construction and/or
maintenance of drainage courses in drainage easements on private property.
The lot owners within this plat shall maintain all natural drainage channels, drainage ditches,
and all water quality treatment swales situated on their respective properties, and any portion of
Swale situated in a public right-of-way adjacent to their respective properties. Maintenance of
drainage facilities includes,but is not limited to, keeping open and cleaning storm pipes,
ditches, drainage ponds, swales, etc., replacement of drainage facilities as needed, and
maintaining live native-type dry land grasses or lawn turf in the swales. The lot owners are
responsible for removing, disposing, and replacing the soil and grass sod located in drainage
facilities situated within private lots at such time the City Engineer deems necessary.
Maintenance of the lawn turf within the swales shall also include,but is not limited to mowing,
irrigating, and keeping the area free of debris. The lot owners shall be responsible for payment
of all claims and other liabilities that may become due for said maintenance responsibilities.
The City of Spokane Valley does not accept the responsibility to inspect and/or maintain the
drainage easements,nor does the City of Spokane Valley accept any liability for any failure by
the lot owners to properly maintain such areas.
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 17
If the lot owners fail to maintain the drainage facilities in conformance with the accepted
drainage plan on file at the City Engineer's Office,the City Engineer may give a notice of such
failure to the lot owners. If not corrected within the period indicated on said notice,the City has
the right to correct the maintenance failure, or have it corrected, at the expense of the lot
owners.
The City of Spokane Valley is responsible for maintaining the stormwater facilities located
within the public ROW as shown in the final plat documents. Maintenance shall include
cleaning the structures,pipes, and drywells.
Any building that is constructed on a lot in this plat shall be set at such an elevation so as to
provide positive drainage away from any drainage entry point to the building(including but not
limited to a window well, a window unprotected by a window well, or a doorway). Said
positive drainage shall consist of a minimum slope of 3% away from the building for a distance
of at least 10 feet from the building. The lots shall be graded so that either a) all runoff is routed
away from the building, and conveyed over the lot to a natural drainage swale or approved
drainage facility, or b) drainage intercepted on the lot is disposed of on the lot in an approved
drainage facility. All drainage facilities for this plat, including any swales, shall be constructed
in accordance with the approved plans on file at the City Engineer's Office. Any proposed
changes to the approved road and drainage plans must be approved by the City Engineer's
Office prior to construction of said changes.
There may exist properties located uphill and adjacent to this subdivision that periodically
discharge stormwater runoff onto individual lots within this plat. Stormwater runoff from
nearby uphill properties shall be expected, and during snow melt periods or wet seasons the lots
may be subjected to higher amounts of stormwater runoff than what is normally observed or
anticipated. Because stormwater runoff from adjacent properties has discharged onto this plat
prior to development, stormwater runoff will likely continue to do so after development.
The developer and property owners waive any and all claims for damages against any
governmental authority arising from the construction, ownership or maintenance of public
facilities. This waiver includes claims of any nature, including but not limited to person and
real property damages as well as any inverse condemnation claims."
SPOKANE COUNTY DIVISION OF UTILITIES:
22. Submit a final plat containing the following note on the face of the final plat: "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 REZ-18-03/SUB-14-03 Page 18
SPOKANE REGIONAL HEALTH DISTRICT:
23. The applicant shall present evidence to the Spokane Regional Health District that the plat
lies within the recorded service area of the water system proposed to serve the plat.
24. 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 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.
29. Submit to the Spokane Valley Current Planning Division written approval by applicable
public and private utility companies of easements indicated on the face of the final plat.
30. Submit a final plat containing the following 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. The use of individual on-site sewage disposal systems shall not be authorized."
31. Submit a final plat containing the following note on the face of the final plat: "The use of
private wells and water systems is prohibited."
32. Submit a final plat containing the following note: "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."
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 19
SPOKANE VALLEY FIRE DEPARTMENT:
33. Install a total of two (2) fire hydrants at the following locations: a)northwest corner of
Drummond Road [Street] and Mission Avenue 2) southwest corner of Drummond Road [Street]
and Baldwin Court.
C. Prior to or during on-site construction the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. To reduce noise impacts to the surrounding properties resulting from construction,hours of
on-site construction shall be authorized as follows: 1)between 7:00 a.m. and 7:00 p.m. Monday
through Friday, 2)between 8:00 a.m. to 5:00 p.m. on Saturday, and 3)no construction allowed
on Sunday. Prior to on-site construction, the developer and contractor(s) shall submit notarized
letters agreeing to observe the specified hours of construction.
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 Depailment of said discovery.
3. 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.
4. Submit a landscape plan pursuant to the requirements of Section 14.806.100 (Landscaping
Plan Requirements) for the street frontages abutting the residential portion of the plat for City
review and approval
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
5. Frontage improvements for Indiana Avenue and Mission Avenue shall follow all
conditions set forth in PE-1414 (Riverwalk PUD).
6. The existing drainage for Indiana Avenue shall be incorporated into the design of this
subdivision and calculations and plan sheets detailing this drainage system shall be submitted
for review and acceptance as part of the internal road design package
7. Permits shall be required for any access to or work within the right-of-way of the Spokane
Valley roadway system. All new permits shall conform to the City of Spokane Valley Interim
Road and Sewer Standards for new driveway access approaches. All work shall be subject to
inspection and approval by the City Engineer or designee.
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 20
8. Submitted engineering plans pertaining to stormwater drainage shall specify the location,
numeric or alphabetical reference, size (in square feet) and any other intended uses of easements
or tracts for drainage purposes.
9. A Temporary Erosion and Sedimentations Control (TESC)plan, prepared by a
Washington State licensed Professional Engineer, shall be submitted for review and approval to
the City of Spokane Valley Public Works Department prior to any construction. The TESC
plan shall be prepared using best management practices (BMP's) currently accepted within the
Civil Engineering profession. The TESC plan is to follow Spokane Valley guidelines as found
in the 2001 Edition of the Spokane County Standards for Road and Sewer Construction,the
1998 Spokane County Guidelines for Stormwater Management Spokane County and all other
Federal, State or Local regulations.
10. The Temporary Erosion and Sedimentations Control (TESC)plan shall be implemented
throughout the duration of any construction. 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 and is
approved by the City of Spokane Valley. Each BMP shall be inspected after each rainfall event
or every 24 hours during an event.
11. The applicant is advised that there may be existing utilities either underground or
overhead affecting the applicant's property, including property to be dedicated or set aside for
future acquisition. Spokane Valley shall assume no financial obligation for adjustments or
relocation regarding these utilities. The applicant shall contact all applicable utility companies
regarding the responsibility for adjustment or relocation costs and to make arrangements for
any necessary work.
12. 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. No construction work is to be performed within
the existing or proposed public right-of-way until a permit has been issued by the City
Engineer.
13. Submit an Illumination plan for the on-site streets and public streets for review and
approval by the City's Engineering Division.
14. On the submitted roadway or drainage engineering plans, specify all existing and proposed
informational and directional signage.
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 21
SPOKANE COUNTY DIVISION OF UTILITIES:
15. Submit the required application with the $100.00 planning action fee and a copy of the
receipt to the Spokane County Division of Utilities.
16. Submit a copy of the completed Sewer Availability form to the Spokane County Division
of Utilities with the required application.
17. Submit prior to the finalization of the project sewer plans acceptable to the Division of
Utilities.
18. Submit prior to the issuance of the sewer connection permit sewer plans acceptable to the
Division of Utilities.
19. 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.
20. Any water service for the project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
21. Dust emissions during demolition, construction, and excavation projects shall be
controlled. Appropriate measures shall include but are not limited to the use of water sprays,
tarps, sprinklers or suspension of activity during certain weather conditions.
22. Measures shall 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.
23. Debris generated as a result of this project shall be disposed of by means other than
burning.
24. If objectionable odors result from this project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
25. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
26. A Notice of Construction and Application for Approval shall 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
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 22
other fuels (e.g. diesel)rated at 1 MMBTU/hr(input) or higher. Contact SCAPCA for a Notice
of Application.
27. A Notice of Intent shall 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.
D. Prior to issuance or after building permits,the applicant or successors in interest
shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. At time of submittal for building permit application for any future development of Lot 1,
Block 3, a traffic study prepared by a registered engineer in the State of Washington and
addressing conformity to the City's concurrency standards shall be submitted to the City's Traffic
Engineer. Any required mitigation resulting from the City's Traffic Engineer's review of this
future traffic study shall be implemented prior to any issuance of certificate of occupancy for any
future commercial development on Lot 1.
2. Prior to the issuance of any building permit on the non-residential portion of the project the
applicant or successors in interest shall pay to the City of Spokane Valley a proportionate share
of the costs of the improvements at the Barker/Mission Avenue intersection or shall enter into an
agreement identified and approved by the City's Public Works Director agreeing to contribute an
identified upon proportionate share to the Barker/Mission Avenue improvement costs.
3. Submit a landscape plan pursuant to the requirements of Zoning Code Section 14.806.100
(Landscaping Plan Requirements) for the street frontages of Lot 1,Block 3 for City review and
approval. Landscaping within the required buffers shall be installed in conformance with Section
14.806.120 (Installation and Security Requirements) of the City Interim Zoning Code and shall
be maintained in conformance with Section 14.806.140.
4. Pursuant to Section 14.706.100.1 of the City Interim Zoning Code, new residential
development within the Aquifer Sensitive Area(ASA) shall connect to a central sewer system
prior to occupancy.
DATED this 12th day of March, 2004
CITY HEARING EXAMINER PRO TEM
7/;', L/ c °'0
Michael C. Dempsey, WSBA#8 5 4
HE Findings, Conclusions and Decision REZ-18-03/SUB-14-03 Page 23
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 03-057, as amended by City
Ordinance No. 03-081, the decision of the Hearing Examiner on a combined application for a
zone reclassification and preliminary plat 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 March 12, 2004. THE APPEAL CLOSING DATE IS MARCH 26,
2004.
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 REZ-18-03/SUB-14-03 Page 24