REZ-11-04-SUB-08-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification )
from the UR-3.5 Zone to the UR-7 ) FINDINGS OF FACT,
Zone, and Application for the Preliminary ) CONCLUSIONS OF LAW,
Plat of Flora Estates; ) AND DECISION
Applicant: Whipple Consulting Eng., Inc. )
File No. REZ-11-04/SUB-08-04 )
I. SUMMARY OF DECISION
Hearing Matter: Applications for a rezone from the UR-3.5 zone to the UR-7 zone, and for a
preliminary plat.
Summary of Decision: Approve applications, subject to conditions of approval. The
preliminary plat will expire on October 26, 2009. An application to request an extension of time
for the preliminary plat must be submitted at least 30 days prior to the expiration date.
II. FINDINGS OF FACT
1. The applications seek approval of a zone reclassification from the Urban Residential-3.5
(UR-3.5) zone to the Urban Residential-7 (UR-7) zone, on 3.67 acres of land; and an associated
preliminary plat to subdivide such acreage into eighteen(18) lots for single-family dwellings and
a common open space tract of 7,130 square feet.
2. The site is located at the southeast corner of the intersection of Mission Avenue and Flora
Road, in the NW 1/4 of Section 18, Township 25 North, Range 45 East, Willamette Meridian,
Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 55182.0812. The
subject property is legally described on the preliminary plat map of record dated September 7,
2004.
4. The applicant for the proposal is Whipple Consulting Engineers, Inc., c/o Todd Whipple,
13218 E. Sprague Avenue, Spokane Valley, WA 99216. The site owner is Vernon Gunning, PO
Box 470, Veradale, WA 99037.
5. On June 5, 2004, the applicant submitted complete applications for a zone reclassification
and preliminary plat, and a preliminary plat map, to the City Department of Community
Development in File No. REZ-11-04/SUB-08-04.
6. On August 13, 2004, the Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not appealed.
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 1
7. The Hearing Examiner conducted a site visit on August 31, 2004, and conducted a public
hearing on the proposal on September 2, 2004. The requirements for notice of public hearing
were met.
8. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 03-057, as
amended by City Ordinance Nos. 03-081 and 04-012, and the City Hearing Examiner Rules of
Procedure.
9. The following persons testified at the public hearing held on September 2, 2004:
Micki Harnois, Associate Planner Sandra Raskell
Current Planning Assistant Development Engineer
City o Spokane Valley City of Spokane Valley
11707 E Sprague Ave Suite 106 11707 E Sprague Ave Suite 106
Spokane Valley, WA 99206-6124 Spokane Valley, WA 99206-6124
Greg McCormick, Planning Manager Todd Whipple
City of Spokane Valley Community Whipple Consulting Engineers
Development Department, Planning Division 13218 E. Sprague Avenue
11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99216
Spokane Valley, WA 99206
Mary Pollard Richard J. Harmon
17216 E Baldwin Ave 17610 E. Mission
Spokane Valley, WA 99016-9506 Spokane Valley, WA 99016
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code,
City Subdivision Ordinance, 2001 City Standards for Road and Sewer Construction ("City Road
Standards"), City Guidelines for Stormwater Management, City Code, City Critical Areas
Ordinance, other applicable development regulations, and prior land use decisions in the vicinity
11. On September 3, 2004, after the public hearing, the City Engineer's Office advised the
Examiner that the preliminary plat did not provide a minimum separation of 300 feet between the
private streets in the development, as required by the City Road Standards for streets intersecting
a Minor Arterial (Flora Road).
12. On September 7, 2004, the applicant submitted a revised preliminary plat map. The revised
map corrected the inconsistency with the Road Standards,but did make constitute a significantly
modify the preliminary plat. On September 9, 2004, the Examiner reopened the record through
September 17, 2004, to allow the applicant to submit a revised preliminary plat map, and to
allow public agencies and parties of record to respond to the revised preliminary plat map.
13. The record includes the documents in File No. REZ-11-04/SUB-08-04 at the time of the
public hearing held on September 2, 2004; the documents and testimony submitted at the public
hearing; the revised preliminary plat map submitted on September 7, 2004; the documents and
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 2
correspondence submitted by the Examiner, City staff and parties of record after the public
hearing through September 17, 2004; and the items taken notice of by the Hearing Examiner.
14. The site is 3.67 acres in size, rectangular in shape and undeveloped. The topography of the
site is rolling, with a maximum slope of 13%. The property is vegetated with shrubs and grasses.
15. The preliminary plat map of record submitted on September 7, 2004 illustrates division of
the site into 18 lots for single-family dwellings. The proposed lots range in size from 6,587
square feet to 9,928 square feet, with an average lot size of 7,169 square feet. The common open
space tract of 7,130 square feet proposed along Flora Road would be used primarily for drainage.
16. Internal circulation within the preliminary plat would be provided by a system of private
roads, which would have a width of 28 feet, a traveled surface of 24 feet, sidewalk on one side,
and 10-foot wide utility easements on both sides. A portion of the site fronting along Mission
Avenue would be dedicated to the City of Spokane Valley for right of way.
17. The density(net) of the preliminary plat of record is 5.76 dwelling units per acre, based on
dividing the number of proposed lots by the combined area of the residential lots and the
common open space tract. The density(net) of the preliminary plat listed on the preliminary plat
of record of 5.63 dwelling units per acre is inaccurate, since it does not take into account the land
dedicated for public roads.
18. Effective January 1, 1991, Spokane County reclassified the zoning of the site and
neighboring land to the north, east and south of the site to the UR-3.5 zone; and reclassified the
zoning of the land located west and southwest of the site to the Light Industrial (I-2) zone;
pursuant to the Program to Implement the Spokane County Zoning Code. See County Resolution
No. 85-0900.
19. In approximately 1994, the County approved an area-wide rezone that reclassified the
zoning of the land located north of Mission Avenue in the area, south of the Spokane River, to
the Suburban Residential-1 (SR-1) zone. See decision in File No. ZE-17-94.
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 Comprehensive Plan designated the site and the land lying north, northwest,
south and east of the site in the Low Density Residential category of the County Comprehensive
Plan; and designated the land lying west and southwest of the site in the Light Industrial
category.
22. The County Phase I Development Regulations retained the existing UR-3.5 zoning of the
site and the land located south and east of the site, and also retained the 1-2 zoning of the land
located west and southwest of the site. Such regulations reclassified the zoning of the remaining
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 3
land surrounding the site to the UR-7 zone, subject to a restriction that the residential density
(net)permitted in such zone cannot exceed six (6) dwelling units per acre.
23. On March 31, 2003, the site and area were incorporated into the City of Spokane Valley.
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.
24. 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.
25. The land lying west of the site across Flora Road is undeveloped and includes 15 acres of
land recently acquired by the City for parkland. The land lying southwest of the site consists of
single-family homes on mostly acreage parcels. Greenhouses are located at the northwest corner
of the intersection of Mission Avenue and Flora Road. The remaining land surrounding the site
consists of single-family homes on mostly acreage parcels.
26. The final plat of Kriken-Guthrie Addition, consisting of 13 lots developed for single-family
dwellings on five (5) acres of land, and platted in 1985 at an approximate density(net) of 3.3
dwelling units per acre, is located 325 feet east of the site. Such property is currently zoned UR-
3.5.
27. In approximately 1995, the preliminary plat of Flora Meadows was approved to divide nine
(9) acres of land located approximately 1,150 feet north of the site into 31 lots for single-family
residences, in the UR-3.5 zone, at an approximate density(net) of 4.35 dwelling units per acre.
See File No. PE-1706-93. A time extension was approved a few years ago to preserve the life of
the preliminary plat beyond the initial 5-year approval period. Such land is currently zoned UR-
7.
28. On December 8, 2003, the City approved the preliminary plat of Flora Springs PUD to
subdivide approximately 9.54 acres of land located approximately 650 feet northeast of the site,
along the north side of Mission Avenue, for single-family dwellings and common open space
tracts; and an associated Planned Unit Development (PUD) Overlay zone; in the UR-7 zone. The
preliminary plat was submitted for 54 lots, but may have to be reduced to 50 lots to meet density
(net) requirements of six (6) dwelling units per acre in the UR-7 zone. See decision in File No.
PE-1921-03/PUDE-5-03.
29. On July 20, 2004, the City approved a preliminary plat to subdivide approximately 11.59
acres of land located approximately 1,200 feet northeast of the site, along the north side of
Baldwin Avenue and the west side of Tschirley Road, directly west of the intersection of Indiana
Avenue and Tschirley Road, into 55 lots for single-family dwellings; in the UR-7 zone. Such
development has a density(net) of 5.92 dwelling units per acre. See decision in File No. SUB-
05-04.
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30. A wide range of commercial uses are found approximately one (1)mile southwest of the
site along Broadway Avenue, east of Sullivan Road; and along Sprague Avenue, east and west of
Flora Road. Some commercial uses are found approximately one (1) mile driving distance to the
southeast, north of the Interstate 90/Barker Road freeway interchange.
31. The Comprehensive Plan designates Mission Avenue in the area as an Urban Collector
Arterial, Flora Road and Broadway Avenue as Urban Minor Arterials, and Sprague Avenue and
Barker Road as Urban Principal Arterials. The other roads in the vicinity are Urban Local
Access roads. Flora Road passes over I-90 to the south,but does not directly access the freeway
at such location. Public sewer was installed in Mission Avenue, east of Flora Road, in the spring
of 2004.
32. The I-90/Barker Road interchange is located approximately one (1) mile driving distance
from the site. The I-90/Sullivan Road interchange is located approximately 1.5 miles driving
distance from the site. The Spokane River is located approximately one-third (1/3) mile west of
the site and less than one-half(1/2)mile north, at the closest points. The Spokane Centennial
Trail runs along the south side of the river in the area. A transit stop is located near the
intersection of Flora Road and Mission Avenue.
33. The owner(Janice Austin) of two 2.35-acre parcels of land located directly east of the site,
each fronting along the south side of Mission Avenue, expressed support for the preliminary plat;
as revised, but raised questions about the naming of certain streets in the development, the
sewering of the final plat of Kriken-Guthrie Addition, and the failure to provide a connection
from the preliminary plat to Maxwell Avenue if such road was extended from east to west south
of the site.
34. The owner of an acreage parcel (Mary Pollard) located along Baldwin Avenue northeast of
the site, representing the North Greenacres neighborhood group, expressed opposition to the
proposed rezone of the site to the UR-7, as being inconsistent with an area-wide rezone being
requested by the neighborhood group for the land located north of Mission Avenue in the area,
seeking to rezone such land from the UR-7 zone to the UR-3.5 zone. Such owner also expressed
concern regarding density, lot size, cumulative traffic impacts, the MDNS issued for the
proposal, potential pollution of the aquifer, and other concerns.
35. The owner(Richard Harmon) of a 12,500-square foot lot located approximately one-fourth
(1/4) mile east of the site, along the south side of Mission Avenue, contended that the proposed
rezone of the site was inconsistent with the desire of the community to limit the zoning of the
area to the UR-3.5 zone. Harmon also expressed concern regarding sight distance at the
intersection of Flora Road and Mission Avenue, and potential flooding of the site below
elevation 2002.
36. The Phase I Development Regulations require all zone reclassifications to be consistent
with the implementing zones specified in such regulations for the Comprehensive Plan
designations that apply to the subject property. The implementing zones for the Low Density
Residential category, in which the site is designated, are the UR-3.5 and UR-7 zones. The
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 5
proposed rezone of the site to the UR-7 zone implements the Low Density Residential category
of the Comprehensive Plan.
37. The UR-3.5 zone, which currently applies to the site, is intended to promote areas of
primarily single-family residences in an urbanized neighborhood setting. Such zone permits
single-family homes, duplexes and certain other uses. The UR-3.5 zone permits a maximum
residential density of 4.35 dwelling units per acres. The minimum frontage for a single-family
dwelling in the UR-3.5 zone is 80 feet, and the minimum lot size is 10,000 square feet.
38. The UR-7 zone is intended to add to the variety of housing types and densities in urban
areas, and to provide standards for the orderly development of residential property in a manner
that provides a desirable living environment that is compatible with surrounding land uses and
assures the protection of property values. The UR-7 zone permits the development of single-
family homes, duplexes, multi-family dwellings and certain other uses.
39. The Phase I Development Regulations limit new residential development on land rezoned
to the UR-7 to a maximum density of six (6) dwelling units per acre. The UR-7 zone otherwise
permits a density of seven(7) dwelling units per acre. The minimum lot area and minimum
frontage for a single-family dwelling in the UR-7 zone are respectively 6,000 square feet and 65
feet.
40. Policy UL.8.1 and Goal UL.8 of the Comprehensive Plan recommend the creation of urban
areas with a variety and mix of housing types and prices in residential areas. Policy UL.9.1 of
the Comprehensive Plan recommends that residential densities in the Low Density Residential
category of the Comprehensive Plan range from 1-6 dwelling units per acre. Policy UL.9.2
recommends that the City seek to achieve an average residential density in new development of
at least four(4) dwelling units per acre, through a mix of densities and housing. The proposed
rezone and preliminary plat implement such policies.
41. County Utilities certified the availability of public sewer to serve the preliminary plat, and
Consolidated Irrigation District No. 19 certified the availability of public water. The proposal
complies with the public sewer and water concurrency requirements of the City Phase I
Development Regulations.
42. City Engineering conditions of approval require the applicant to improve Flora Road and
Mission Avenue along the frontage of the site by adding significant amounts of additional
asphalt; along with curb, gutter and sidewalk. The northwest corner of the site will be graded and
lowered to improve visibility and traffic safety at the adjacent intersection.
43. The project is small and will likely have an insignificant traffic impact on the transportation
system in the area. It was appropriate for City Engineering not to require a trip distribution or
detailed traffic analysis. There is no competent evidence of a traffic engineering nature in the
record indicating that the cumulative traffic impacts from the project and other development in
the area will degrade levels of service on neighboring intersections to a failing level. The
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 6
proposal complies with the transportation concurrency requirements of the City Phase I
Development Regulations.
44. Policy UL.2.20 of the Comprehensive Plan encourages new developments to be arranged in
a pattern of connecting streets and blocks to allow people to get around easily by all means of
transportation; but finds that cul-de-sacs and other closed street systems may be appropriate
under certain circumstances.
45. Policy UL.2.21 recommends that techniques be considered to slow vehicle traffic and
reduce the volume of traffic in residential neighborhoods, giving due consideration to traffic and
pedestrian safety, mobility and the transportation policies of the Comprehensive Plan. Policy
T.4.4 finds it appropriate to install private roads as a principal means of circulation within
developments; provided adequate measures are in place to assure safe travel, emergency access
and permanent private maintenance.
46. City Engineering and Spokane County Fire District 1 did not object to the lack of a road
connection to the south boundary of the site, in the event Maxwell Avenue is extended from east
to west south of the site. The preliminary plat does not preclude such future extension, and
appears to provide adequate internal circulation from north to south, and from east to west. The
extension of Maxwell Avenue in the vicinity is speculative at the current time.
47. City Engineering conditions require the applicant to submit final drainage and road plans in
compliance with the City Guidelines for Stormwater Management, and require that detailed
drainage requirements be inserted in the final plat dedication. The common open space tract in
the preliminary plat will be used to help manage stormwater draining to the site from the east, as
indicated by the applicant's consulting engineer.
48. Spokane County Fire District 1 requested that fire hydrants be installed in two locations for
the project, found the road names in the revised preliminary plat to be appropriate, and found that
a road turnaround for Maxwell Lane was unnecessary. See letter dated 9-8-04 from Fire District
1.
49. The City Phase I Development Regulations do not require direct concurrency for schools,
parks, police or fire protection. Central Valley School District found there was capacity in its
public schools to serve the preliminary, although bussing of students may be necessary.
50. The proposed rezone and preliminary plat implement the policies of the Comprehensive
Plan set forth in the Staff Report.
51. The location of the site at the intersection of an Urban Minor Arterial and an Urban
Collector Arterial, with direct access to public sewer and water, and accessibility to public
transit, makes the site a logical choice for UR-7 zoning. The land located northerly of Mission
Avenue in the area is zoned UR-7 zoning, and the land located west of the site is zoned I-2.
Approval of the proposed area-wide rezone of the land lying north of Mission Avenue to the UR-
3.5 zone is speculative at the current time.
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 7
52. The UR-7 zone requires the installation of a 6-foot high, sight-obscuring fence, wall or
solid landscaping adjacent to land zoned UR-3.5, except adjacent to a public road or alley. Such
screening would apply along the south and east boundaries of the site.
53. 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)."
54. The Staff Report recommended that the applicant be required to install only five (5) feet of
Type III landscaping along Mission Avenue and Flora Road,because of the ambiguous reference
to "multiple family"in such standard, and the proposed development of the site for single-family
homes. This is appropriate.
55. The Examiner concurs with the analysis in the Staff Report finding the preliminary plat and
rezone to be consistent with the Comprehensive Plan and applicable development regulations.
56. 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.
57. 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. There
is no competent evidence in the record that the preliminary plat will result in aquifer degradation.
58. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare.
59. The proposal has been conditioned for compliance with the UR-7 zone, 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.
60. Significant changes have occurred in the area since the zoning of the site was reclassified to
the UR-3.5 zone in 1991. This includes the extension of public sewer in Mission Avenue
adjacent to the site, adoption of the Comprehensive Plan and the Phase I Development
Regulations, and the recent approval of preliminary plats in UR-7 zones on land located within
one-quarter mile of the site to the northeast.
Based on the above findings of fact, the Hearing Examiner enters the following:
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 8
III. 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 zone, the Aquifer Sensitive Overlay
zone, other applicable provisions of 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 Nos. 03-081 and
04-012.
IV. 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.
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 9
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.
Pursuant to City Ordinance No. 04-012, if a timely appeal of the rezone approval is not
filed with the City Council, the City Manager or designee shall modify the official zoning map of
the City according to the Examiner's decision; which action shall be considered the final
legislative action of the City Council and an"official control" of the City.
CONDITIONS OF APPROVAL:
A. General conditions:
SPOKANE REGIONAL HEALTH DISTRICT
1. Water service shall be coordinated through the Director of Utilities, Spokane County.
2. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
3. 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—PLANNING
DIVISION:
1. In order to comply with Section 14.618.365 (Walls) of the Spokane Valley Interim Zoning
Code, the applicant shall, prior to final plat approval, construct a six (6)-foot high concrete,
masonry, or decorative block wall, solid landscaping or site-obscuring fence along the proposal's
eastern and southern perimeters. Further, the applicant shall submit a written agreement agreeing
that the applicant or successors in interest shall continuously maintain in good condition the
screening installed. Further, the applicant shall at the same time agree that at time of sale of any
and all of the parcels created through the final plat, the applicant shall notify in writing all buyers
of the requirement to maintain said screening.
2. Submit a final plat containing the following note on the face of the plat: "All lots within
this plat shall comply with the building setback requirements, maximum building height
standard, maximum lot coverage standard and other applicable lot development standards for the
UR-7 zone or successor zoning designation in effect at the time of building permit application."
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 10
3. Submit a final plat specifying the provision of minimum five (5) foot wide Type III(visual)
landscaping buffers along the proposal's Flora Road and Mission Avenue frontage. Pursuant to
Section 14.806.040.2.e of the Zoning Code, plantings within the buffers shall not violate the
sight distance requirements at a street intersection or at a driveway nor interfere with the
adequate flow of stormwater runoff along drainage easements. Pursuant to Section 14.806.060.3
(Type III: See-Through Buffer) of the Zoning Code, the buffer areas shall consist of a mix of
evergreen and deciduous plantings including living trees, shrubs and groundcovers.
4. Submit a final plat with the following note on the face of the final plat: "All utility
hardware shall be placed underground or screened from view with a decorative block wall or
landscaping. Said screening shall be as tall as the highest portion of the equipment and shall be
permanently maintained. "
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
5. Mission Avenue abutting the preliminary plat on the north shall be improved with eighteen
and one-half(18 1/2) feet of asphalt from roadway centerline to property frontage, a two (2) foot
wide curb and gutter, a seven (7) to ten (10) foot wide planter strip and a five (5) foot wide
sidewalk. In addition, a two and one-half(2 1/2) to five and one-half(5 1/2) foot wide border
easement along the property frontage abutting Mission Avenue shall be specified on the face of
the final plat.
Flora Road abutting the preliminary plat on the west shall be improved with twenty-three (23)
feet of asphalt from roadway centerline to property frontage, a two (2) foot wide curb and gutter,
a seven (7) to ten(10) foot wide planter strip and a five (5) foot wide sidewalk. In addition, a
seven (7) to ten (10) foot wide border easement along the property frontage abutting Flora Road
shall be specified on the face of the final plat.
6. Prior to final plat approval, the applicant or successors in interest shall submit written
evidence of the formation of a Homeowners Association(HOA) to perpetually operate and
maintain the on-site private street and associated facilities including but not limited to
stormwater systems at the end of the service life of the respective components, and any other
improvements that may be legally required in the future.
SPOKANE REGIONAL HEALTH DISTRICT:
7. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
prevention use shall be approved by the water purveyor. Said water plan must have been
approved by the fire protection district and the appropriate health authorities. The health
authorities, water supplier(purveyor) and the fire protection district shall certify,prior to the
filing of the final plat, on the face of the said water plan that the plan is in conformance with their
requirements and will adequately satisfy their respective needs. Said water plan and certification
will be drafted on a transparency suitable for reproduction.
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 11
8. The purveyor will certify prior to the filing of the final plat on a copy of said water plan that
appropriate contractual arrangements have been made with the plat sponsor for construction of
the water system, in accordance with the approved plan and schedule. The time schedule will
provide, in any case, for completion of the water system and inspection by the appropriate health
authorities prior to application for building permits within said plat. The contractual arrangement
will include a provision holding the City of Spokane Valley, Spokane Regional Health District
and the purveyor harmless from claims by any lot purchaser refused a building permit due to the
failure of the plat sponsor to satisfactorily complete the approved water system.
9. 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 systems shall not be
authorized.
10. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
11. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the Spokane Valley Planning Division to the utility companies, City of
Spokane Valley Engineer, and the Spokane Regional Health District. Written approval of the
easements by the utility companies shall be received prior to the submittal of the final plat.
12. A statement shall be placed in the dedication on the face of the final plat to the effect that:
"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."
13. The dedicatory language on the final plat shall state: "The use of private wells and water
systems is prohibited."
14. The final plat dedication shall contain the following statement: "The public water system,
pursuant to the Water Plan approved by Regional and State heath authorities, the local fire
protection district, the City of Spokane Valley Department of Community Development and
water purveyor, shall be installed within this subdivision and the applicant shall provided for
individual domestic water service as well as fire protection to each lot prior to sale of each lot
and prior to issuance of a building permit for each lot."
15. Water service shall be by an existing public water supply when approved by Regional
Engineer(Spokane), State Department of Health.
16. 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.
17. 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.
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 12
SPOKANE COUNTY FIRE DISTRICT NO. 1:
18. Install two (2) new fire hydrants at the following locations: (1) at the southeast corner of
Sinto Lane and Flora Road, and(2) at the southwest corner of Maxwell Lane and Coach Lane.
Maxwell Avenue is not required to have a fire apparatus turnaround.
19. If gates are proposed, submit a"to scale" drawing for review.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT/BUILDINGS
20. The fire hydrants shall be established and approved.
C. Prior to or during on-site construction, the applicant or successors in interest shall:
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
1. A Professional Engineer, licensed in the State of Washington, shall submit final road and
drainage plans and a drainage report including calculations that confoltu to the 2001 Edition of
the Spokane County Standards for Road and Sewer Construction, the 1998 Spokane County
Guidelines for Stormwater Management (both adopted by the City of Spokane Valley), and all
other applicable standards.
2. Permits shall be required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
3. A Temporary Erosion and Sedimentations Control (TESC)plan, prepared by a
Washington State licensed Professional Engineer, shall be prepared and submitted with the site
construction plans. The TESC plan shall be follow the 1998 Spokane County Guidelines for
Stottnwater Management 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. The permittee is responsible for arranging all necessary utility adjustments, relocations or
improvements as required for the completion of the project. The developer shall contact the
purveyors of each affected utility regarding private service, utility improvements and any
relocation and adjustment costs.
5. 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
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 13
construction plans and that all disturbed monuments have been replaced. All work is subject to
inspection by the City Engineer or by his staff
6. Prior to construction plan acceptance by the City of Spokane Valley Public Works
Department, the applicants or successors in interest shall submit an Operations and
Maintenance Manual,prepared by the applicant's engineer, for the street and stormwater
systems. This manual shall include a discussion of the design life of the various components,
recommended repair and maintenance schedules, calculated annual costs for repair and
maintenance, and calculated replacement costs for each component of the system. The manual
shall specify the recommended individual monthly homeowner financial assessment to
accomplish the identified maintenance and replacement tasks.
7. The following language shall be included on the final plat:
"The subdivider/sponsor will construct the public and private streets and all associated drainage
facilities in conformance with the approved plans on file in the City Engineer's Office.
The Border Easement as shown hereon is here by granted to the City of Spokane Valley and its
authorized agents, and to the public for road purposes, including but not limited to curbs, sidewalks,
drainage, signage, and other usage deemed necessary by the City of Spokane Valley Engineer for
the safety and welfare of the public. No fence or portion thereof will be constructed within said
easement without permission of the City of Spokane Valley Engineer,nor will any objects be
placed in said easement that would obstruct the sight distance necessary for safe and efficient
vehicular movements. Any other easements granted or dedicated within the Border Easement area
will be subordinate to the rights created by this easement and are subject to the City of Spokane
Valley's permit process prior to usage.
The private roads and/or common areas shown on this plat are hereby dedicated to the
(Home Owner's Association) created by document recorded on
under State UBI number
(date)
The private roads and/or common areas cannot be sold or transferred, and shall be considered
subservient estates for the tax purposes to the other lots created herein.
The status of the areas designated as, subservient estates for tax purposes cannot be changed
without filing a replat.
The private roads, as shown hereon, are easements that provide a means of ingress and egress for
those lots within the Plat having frontage thereon.
Drainage easements, as platted and shown hereon,which are for the purpose of installing,
operating, and maintaining drainage swales and drainage facilities to dispose of runoff, are hereby
granted to the or successors in interest.
(Home Owner's Association)
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 14
The City of Spokane Valley is hereby granted the right of ingress and egress to all private roads
and common areas.
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 Lots of Block
The City of Spokane Valley and its authorized agents are hereby granted the right to ingress and
egress to, over and from all 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.
A lot is served by a private road when: a) the only road frontage for the lot in the Development is
on the private road, or; b) a lot having frontage on more than one road (public or private)
constructs an approach to the private road.
The Home Owner's Association or their successors in interest shall
maintain the private roads and associated drainage facilities in conformance with the approved
plans on file in the City Engineer's Office.
The owner(s) of any lot created by the Development or alternation thereof and served by a private
road shall be responsible for maintenance of said private road, including associated drainage
facilities.
Maintenance financing of the private roads and associated drainage facilities shall be in a manner
determined by the Home Owner's Association or their successors in
interest.
Should the Home Owner's Association be terminated for any
reason, the successors in interest shall be the individual lot owners, or their successors in interest,
who are members of the Home Owner's Association at the time of
said termination.
Owners of lots within the Development who are served by such road may sue and recover
damages and attorneys' fees from any owner of any lot within the Development which is
similarly served who refuses to participate in the road and drainage facilities, construction,
financing, and maintenance.
WARNING: Spokane Valley has no responsibility to build, improve, or maintain or otherwise
service the private roads, and associated drainage facilities contained within or providing service
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 15
to the property described in this Development. By accepting the Development or subsequently by
allowing a building permit to be issued for property on a private road, Spokane Valley assumes
no obligation for said private road and the owners hereby acknowledge that the City has no
obligation of any kind of nature whatsoever to establish, examine, survey, construct, alter, repair,
improve, maintain,provide drainage or snow removal on a private road, or its associated
drainage facilities.
This covenant and agreement shall run with the land and shall be binding upon the owner, their
heirs, successors or assigns, including the obligation to participate in the maintenance of the
private road and drainage facilities as provided herein.
The property owners within this plat are 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.
Properties may be located uphill and adjacent to this subdivision that periodically discharge
stormwater runoff onto individual lots within this plat. Stormwater runoff from nearby uphill
properties should 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.
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). 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.
The owner(s) or successor(s)in interest agree to join in any City-approved stormwater management
program and to pay such rates and charges as may be fixed through public hearings for service or
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 16
benefit obtained by the planning, design, constructing,maintaining, or operation of stormwater
control facilities.
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
dryland 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 which
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. 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 right of way as shown in the final plat documents. Maintenance shall include cleaning
the structures,pipes, and drywells."
SPOKANE COUNTY DIVISION OF UTILITIES:
8. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the project.
9. The applicant shall submit expressly to the Spokane County Division of Utilities, under
separate cover, only those plan sheets showing sewer plans and specifications for the public
sewer connections and facilities for review and approval.
10. Any water service for the project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
11. The dedication shall state: "Public sewers shall be constructed to provide the connection
of each parcel to the City's system of sewerage. Uses on properties within the project shall be
required to connect to the sewer and pay applicable charges per the County Sewer Ordinance.
Sewer connection permits shall be required."
12. Security shall be deposited with the Division of Utilities for the construction of the public
sewer connection and facilities and for the prescribed warranty period. Security shall be in a
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 17
form acceptable to the Division of Utilities and in accordance with the Spokane County
Sanitary Sewer Ordinance.
13. Security shall be submitted to the Division of Utilities prior to approval of the Sewer
Design.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
14. Dust emissions during demolition, construction, and excavation projects shall be
controlled. This may require the use of water sprays, tarps, sprinklers or suspension of activity
during certain weather conditions.
15. 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.
16. Debris generated as a result of this project must be disposed of by means other than
burning.
17. If objectionable odors result from this project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
18. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
19. 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 other fuels
(e.g. diesel) rated at 1 MMBTU/hr(input) or higher. Contact SCAPCA for a Notice of
Application.
20. 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.
21. It is recommended that all traveled surfaces (i.e. ingress, egress,parking areas, access
roads, etc.) be paved and kept clean to minimize dust emissions.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT/BUILDINGS
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 18
22. Subdivision grading requires a Spokane Valley Grading Permit and is considered
Engineered Grading. Following are the requirements for obtaining the permit:
Residential Subdivision Grading. Grading associated with residential subdivision development
shall be deemed"engineered grading."Plans for Residential Subdivision Grading shall contain
the following details, in addition to the general information required under UBC 9.05.07.
a. Details of subdivision construction to mitigate the effects of storm water and irrigation
run off for all lots and areas of the subdivision. Specific site construction requirements to
mitigate collection of water in crawlspaces and basements shall be provided.
b. Final location of all grading construction spoils. If spoils are placed on building lots, the
surface overburden, i.e. topsoil and any underlying soils not confoiniing to the project
requirements of the lots shall be removed prior to the placement of any other fill. If lots are
comprised of fill materials more than two feet in depth, the compacted fill materials below two
feet in depth from finished grade shall have a minimum allowable bearing capacity of 1500
pounds per square foot. In addition, if the foundation is placed on fill materials, a foundation
analysis and design,prepared by a licensed Washington engineer, shall be required to be
submitted with any subsequent Spokane Valley Building Permit Application.
c. Maximum and minimum elevations for all basement and crawl space floors. Maximum
and minimum elevations for the top of foundation walls. Maximum elevation for lot/property
boundary lines to provide positive drainage from building sites.
d. Requirements for swales or drainage devices to manage storm water and landscape
irrigation runoff.
DATED this 26th day of October, 2004
CITY HEARI G EXAMINER PRO TEM
(-4
Mic .el C. Dempsey, WSBA 35/
HE Findings, Conclusions and Decision REZ-11-04/SUB-08-04 Page 19
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 57, as modified by Ordinance Nos. 03-
081 and 04-012, 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 October 26, 2004. THE APPEAL CLOSING DATE IS NOVEMBER 9,
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, Washington. 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-11-04/SUB-08-04 Page 20