REZ-05-04SUB-04-04PUD-03-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for Zone Reclassification from )
Urban Residential-3.5 (UR-3.5)Zone to Urban )
Urban Residential-7 (UR-7) Zone, Preliminary ) FINDINGS OF FACT,
Plat of Morris Place, and Planned Unit ) CONCLUSIONS OF LAW,
Development (PUD) Overlay; ) AND DECISION
Applicant: Landworks Development, Inc. )
File No. REZ-05-04/SUB-04-04/PUD-03-04 )
This matter coming on for public hearing on May 6, 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 Urban
Residential-3.5 (UR-3.5) zone to the Urban Residential-7 (UR-7) zone on 4.46 acres of land, a
preliminary plat to divide such acreage into 21 lots for single-family dwellings, and a Planned
Unit Development (PUD) Overlay zone for such acreage.
2. The site is located along the south side of 12th Avenue, approximately 360 feet east of the
intersection of 12th Avenue and University Road; and is situated in the NW 1/4 of the SW 1/4 of
Section 21, Township 25 North, Range 44 East, Willamette Meridian, Spokane County,
Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45213.9065 and
45213.9066. The subject property is legally described on the preliminary plat map of record
submitted on March 11, 2004.
4. The applicant for the proposal is Landworks Development, Inc., c/o Brian Walker, 721 N.
Pines Road, Spokane Valley, WA 99206. The site owners are Landworks Development, Inc.;
Ronald and Gloria Morris, 10806 E. 12th Avenue, Spokane, WA 99206-2839; and Black Realty,
Inc., c/o Dave Black, 107 S. Howard Drive, Suite#600, Spokane, WA 99201.
5. On March 11, 2004, the applicant submitted applications for a preliminary plat, zone
reclassification and PUD Overlay zone in the above-referenced file.
6. On April 22, 2004, the Spokane Valley Department of Community Development issued a
Mitigated Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not
appealed.
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7. The Examiner conducted a site visit on May 5, 2004. On May 6, 2004, the Hearing
Examiner held a public hearing on the proposal. The notice requirements for the public hearing
were met.
8. The Examiner heard the proposal pursuant to City Ordinance No. 03-057, as amended by
City Ordinance Nos. 03-081 and 04-012; and pursuant to the City Hearing Examiner Rules of
Procedure.
9. The following persons testified at the public hearing:
Micki Harnois Kevin Snyder, Manager
Current Planning Current Planning
City Of Spokane Valley City of Spokane Valley
11707 E Sprague Ave Ste 106 11707 E. Sprague Avenue
Spokane Valley, WA 99206-6124 Spokane Valley, WA 99206
Andrew Worlock John Lenertz
CLC Associates 1404 S Glenn Rd
12730 E Mirabeau Parkway Ste 100 Spokane Valley, WA 99206-5526
Spokane Valley, WA 99216-1455
Thomas J. Danner Brian Walker
10716 E 12th Ave Landworks Development , Inc.
Spokane Valley, WA 99206-5524 721 N Pines Rd
Spokane Valley, WA 99206-4955
Bruce Howard
CLC Associates
12730 E Mirabeau Parkway Ste 100
Spokane Valley, WA 99216-1455
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Capital Facilities
Plan, City Zoning Code, City Subdivision Ordinance, City 2001 Standards for Road and Sewer
Construction, other applicable development regulations, and prior land use decisions in the
vicinity.
11. The record was left open after the hearing until May 17, 2004, to allow the applicant to
document its request to delete a condition of approval requiring the installation of five (5) feet of
Type III landscaping along 12th Avenue, and to allow the City Current Planning Division to
respond to such request.
12. The record includes the documents in the project file at the time of the public hearing,the
documents and testimony submitted at the public hearing, the documents submitted after the
hearing through May 17, 2004, and the items taken notice of by the Hearing Examiner.
HE Findings, Conclusions and Decision REZ-05-04/SUB-04-04/PUD-03-04 Page 2
13. The subject property is approximately 4.46 acres in size and relatively flat in topography.
The site is currently improved with two (2) single-family homes and associated outbuildings,
fronting along 12th Avenue. The remainder of the development site is vacant and undeveloped.
The site is vegetated with deciduous trees, shrubs and native grasses and weeds.
14. The preliminary plat map illustrates division of the site into 21 lots for single-family
dwellings, and two (2) common open space tracts totaling 19,629 square feet in area. The map
illustrates retention of the existing residences on the site, on lots of 16,233 square feet and 11,069
square feet. The remaining 19 lots range in size from 5,491 square feet to 6,700 square feet,
generally with frontages of 50 feet. The density(net) of the preliminary plat is 5.43 dwelling
units per acre.
15. Internal access for the project would be provided by a private road, which would extend
south from 12th Avenue and terminate in a cul-de-sac located adjacent to the south border of the
site.
16. The preliminary PUD site development plan("PUD plan"), which is erroneously labeled as
a"final" PUD site development plan, illustrates a typical dwelling unit and architectural
rendering of the façade of a single story residence. The PUD plan also shows existing fencing
along the site boundaries, including chain link, wire and wood fencing. Setbacks are not stated
on the preliminary plat map or PUD site plan.
17. Effective January 1, 1991, the zoning of the site and neighboring land was reclassified from
its zoning under the now expired County Zoning Ordinance to the UR-3.5 zone of the County
Zoning Code; except for the reclassification of scattered parcels of land located a few blocks to
the southwest and southeast to the UR-7 zone, and the reclassification of property located one (1)
block west of the site to the Urban Residential-22 (UR-22) zone. All such zoning was
established pursuant to the Program to Implement the Spokane County Zoning Code, a
countywide rezoning effort. See County Resolution No. 85-0900.
18. In 1992 and 1996, the County rezoned parcels of land located a few blocks north of the site,
and parcels located a few blocks southwest of the site, respectively, from the UR-3.5 zone to the
UR-7 zone. See decisions in County File Nos. ZE-1-96 and ZE-49-92.
19. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
capital facilities, Urban Growth Area(UGA)boundaries and Phase I Development Regulations
pursuant to the State Growth Management Act. See County Resolution Nos. 2-0037 and 2-0470.
20. The County Comprehensive Plan designated the site and neighboring land in the Low
Density Residential category of the County Comprehensive Plan; and designated land located
north of Ninth Avenue in the Urban Activity Center category of the Plan. The County Phase I
Development Regulations designated the site and area in the UGA, and retained the zoning of the
site and neighboring properties.
HE Findings, Conclusions and Decision REZ-05-04/SUB-04-04/PUD-03-04 Page 3
21. On March 31, 2003, the City adopted by reference the County Comprehensive Plan, Capital
Facilities Plan, Subdivision Ordinance, Zoning Code, Phase I Development Regulations, and
other development regulations, with certain revisions. The City retained the zoning and
comprehensive plan category designations for the site and land in the area.
22. On April 30, 2004, the Examiner approved an application to rezone 2.07 acres located a
short distance north of the site, along the east side of University Road, approximately 260 feet
north of its intersection with 12th Avenue, from the Urban Residential-3.5 (UR-3.5) zone to the
Urban Residential-7 (UR-7) zone, along with a preliminary plat to subdivide such acreage into
ten (10) divided duplex lots. See decision in File No. REZ-03-04/SUB-02-04.
23. Neighboring land consists of single-family housing, along with some scattered duplexes
and a multi-family dwelling development. Some limited commercial development is found at the
intersection of University Road and 16th Avenue.
24. The City Arterial Road Plan designates University Road and 16th Avenue as Urban
Principal Arterials, and Eighth Avenue as an Urban Minor Arterial. University Road is improved
to four(4) lanes in the area,with traffic signals located at its intersections with Eighth Avenue
and 16th Avenue. The other roads in the vicinity are considered Urban Local Access roads.
Twelfth(12th) Avenue has separated sidewalks and curb east of the site for some distance, and
lacks curb and sidewalk west of the subject property.
25. Sprague Avenue, which is designated as an Urban Principal Arterial, is located
approximately three-fourths (3/4) of a mile north of the site, and comprises a major traffic and
commercial corridor in the City.
26. The nearest City park is located approximately three-fourths (3/4)mile to the northwest.
Public transit is available in University Road, and a public transit station is located at the
intersection of University Road and Fourth Avenue. Public schools are located within the
vicinity of the site.
27. The Staff Report, and Attachment#1 to the subject application, analyze the consistency of
the proposal with relevant policies of the Comprehensive Plan, the City Zoning Code and
applicable development regulations. The Examiner concurs with such analyses, as supplemented
below.
28. 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 County seek to achieve an average residential density in new
development of at least four(4) dwelling units per acre, through a mix of densities and housing
types. Policy UL.8.1 recommends that mixed-income development be provided for in residential
areas. The proposed rezone implements these policies.
29. Policy T.3e.1 of the Comprehensive Plan recommends that the City transportation network
provide safe and convenient bicycle and walking access between housing, recreation, shopping,
HE Findings, Conclusions and Decision REZ-05-04/SUB-04-04/PUD-03-04 Page 4
schools, community facilities and mass transit access points; and that obstructions and conflicts
with pedestrian and bicycle movement be minimized. Policies T.3e.8, UL.2.22 and UL.3.2.h
recommend the development of street,pedestrian path and bike path standards in PUDs and other
residential developments that contribute to a system of fully connected routes.
30. The Comprehensive Plan encourages new developments to be arranged in a pattern of
connecting streets and blocks, to allow people to get around easily by foot,bicycle, bus or car.
The Plan recognizes that cul-de-sacs or other closed street systems may be appropriate under
certain circumstances, including, but not limited to, topography and other physical limitations
which make connecting systems impractical. See Policy UL.2.20.
31. Policy T.2.2 recommends that transportation improvements needed to serve new
development be in place at the time new development impacts occur, or that a financial
commitment, consistent with the City's Capital Facilities Plan, be made to complete the
improvement within six (6) years.
32. The Phase I Development Regulations require all zone reclassifications to be consistent
with the implementing zone(s) specified in such regulations for the Comprehensive Plan
designation that applies to the particular property. The implementing zones for the Low Density
Residential category that applies to the site are the UR-3.5 and UR-7 zones.
33. 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, with higher densities being authorized
through approval of a PUD Overlay zone.
34. The UR-7 zone,which is proposed for the site, 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.
35. 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 frontage and the minimum
lot area for a single-family dwelling in the UR-7 zone are, respectively, 65 feet and 6,000 square
feet. Within a PUD Overlay zone, the minimum frontage may be reduced to 50 feet, and the
minimum lot size reduced to 4,200 square feet.
36. The owner(John Lenertz) of a single-family residence located directly south of the site
objected to the residential density and small lot sizes in the project; requested that the proposed
cul-de-sac and proposed residences in the preliminary plat be placed farther north on the site; and
also requested that the applicant reserve a sufficient water easement for the Model Irrigation
HE Findings, Conclusions and Decision REZ-05-04/SUB-04-04/PUD-03-04 Page 5
District in the proposed subdivision, so that such owner would not have to dedicate a water
easement to the district through a private driveway located adjacent to the site on the owner's
property.
37. The owner(Thomas Danner) of a single-family residence located one (1) lot west of the site
along 12th Avenue expressed concern regarding the impact of the increased traffic from the
project on traffic capacity, and traffic and pedestrian safety on 12th Avenue west of the site; due
to the narrowness of 12th Avenue, the volume of existing traffic, and use of the roadway by
children walking or riding bicycles to school.
38. The applicant objected to City Current Planning condition#14 on page 20 of the Staff
Report,which condition required the applicant to install five (5) feet of Type III landscaping
along the frontage of the site with 12th Avenue.
39. The comments submitted by Model Irrigation District#18 on the Certificate of Water
Availability for the project indicate that the applicant will be required to tie into an existing 6-
inch water main located on the southeast corner of the proposed Lot 11, Block 2 of the
preliminary plat. The comments do not indicate the easement requirements along the south
border of the site.
40. The applicant indicated that Model Irrigation District#18 requested creation of a looped
water system for the preliminary plat, which would enhance the existing water system serving the
plat and the adjacent Lenertz property to the south. The applicant indicated that the water district
requested a 15-foot water easement, 10 feet from the site and five (5) feet from the Lenertz
property.
41. The applicant indicated that it would give consideration to modifying the design of the
preliminary plat to provide a 15-foot wide strip of common open space along the south border of
the site to contain the 15-foot easement requested by the district. This would entail a
proportionate reduction in the common open space located in the north end of the preliminary
plat, and moving the cul-de-sac in the preliminary plat to the north on the site. The conditions of
approval require the applicant to construct 6-foot high screening along the perimeter of the site
adjacent to UR-3.5 zoning.
42. A condition of approval has been added to require the applicant to provide an adequate
water line easement(s) to Model Irrigation District#18 for the preliminary plat, to ensure that
such issue is addressed in the final plat/PUD.
43. The applicant submitted a trip distribution analysis for the preliminary plat submitted by a
qualified traffic engineer. The analysis indicates that 75% of the peak hour traffic accessing the
site will use 12th Avenue west of the site, and 25%will use 12th Avenue to the east. The analysis
indicates that the traffic generated by the project is insignificant, in terms of peak hour traffic
impacts. This conclusion was not rebutted by competent evidence of a traffic engineering nature.
HE Findings, Conclusions and Decision REZ-05-04/SUB-04-04/PUD-03-04 Page 6
44. The City Engineering conditions of approval require the applicant to install additional
asphalt, curb, gutter and a separated sidewalk along the frontage of the site with 12th Avenue.
This improvement will continue similar improvements along 12th Avenue east of the site, and is
reasonably related and roughly proportionate to the impact of the proposal on 12th Avenue.
Further frontage improvements along 12th Avenue can be expected as the land along 12th Avenue
develops to higher densities under the UR-7 zone. The applicant is also required by the
conditions of approval to install a 6-foot wide sidewalk/pedestrian pathway adjacent to the
private road in the preliminary plat/PUD.
45. It is appropriate to delete City Current Planning Division condition#14 on page 20 of the
Staff Report, considering the ambiguous language in Zoning Code 14.806.040 (2)(a) as it relates
to single-family development, the adverse impact of the landscaping requirement on the front
yards of the existing residences in the preliminary plat, the 10-foot wide planting strip already
required between the curb and separated sidewalk along the frontage of the site, and the more
narrow planting strip required along the 12th street frontage of single-family residences developed
east of the site.
46 The density(net) of the preliminary plat of 5.43 dwelling units per acre is less than the
maximum residential density of six (6) dwelling units per acre permitted in the UR-7 zone under
the Phase I Development Regulations. The proposed building coverage in the preliminary plat of
approximately 15% is significantly less than the 60%maximum building coverage permitted by
the PUD Overlay zone.
47. The preliminary PUD site plan shows the typical architectural style for the single-family
dwellings in the project, but does not indicate the planned building height as required by Zoning
Code 14.704.140 (2) and (9). Both the UR-7 and UR-3.5 zone impose a maximum building
height of 35 feet.
48. The environmental checklist for the proposal indicates that the homes in the project would
be 1-story or 2-story in height; and would have a maximum height of 35, which is equivalent to
the maximum building height in the both the UR-3.5 and UR-7 zone. A condition of approval
has been added requiring the final PUD site plan to state that the maximum building height is 35
feet
49. The minimum frontages in the preliminary plat are consistent with the minimum frontage
and minimum side yards required in both the UR-3.5 zone and the UR-7 zone, making
adjustments for curvilinear lots by measuring the frontages at the building setback line. The lots
in the preliminary plat exceed the minimum lot size of 4,200 square feet required for a single-
family lot located in a PUD in the UR-7 zone.
50. The PUD Overlay zone states that interior yards (setbacks) shall be as approved on the
PUD site development plan. The Hearing Examiner may approve deviations from the standard
setbacks required by the underlying zone (UR-7), if there is adequate provision of light and air
for all structures.
HE Findings, Conclusions and Decision REZ-05-04/SUB-04-04/PUD-03-04 Page 7
51. The PUD worksheet submitted by the applicant indicates that"special setbacks" are
requested. The preliminary plat map/PUD site plan does not state the proposed setbacks as
required by the County Subdivision Ordinance or the PUD Overlay zone. The scale on the
preliminary PUD site plan indicates standard front yard and rear yard setbacks under the UR-7
zone for the proposed single-family dwellings are planned.
52. The scale on the PUD site plan indicates reduced side yard setbacks ranging from 5-8 feet,
which are inconsistent with the five (5) foot per story side yard setback required in the UR-7
zone for the 2-story homes in the project. The Examiner takes notice that a special 5-foot side
yard setback is not uncommon for a 2-story home in a PUD Overlay zone; provided, such
deviation is typically not allowed along the exterior boundaries of a preliminary plat/PUD.
Accordingly, a condition of approval has been added authorizing a 5-foot side yard for one(1)
and (2) story residences, subject to a standard setbacks along the exterior boundaries of the site,
such as along the south boundary.
53. The PUD Overlay zone requires a minimum of 10% of the"total area of the PUD"to be in
open space. See Zoning Code 14.704.385. The "total area of the PUD" is equal to the gross area
of the site. See Zoning Code 14.704.305. The percentage of common open space in the
preliminary plat/PUD is accordingly 10.1%.
54. The PUD site plan does not state the purpose of the common open space in the preliminary
plat/PUD. At the public hearing, the applicant indicated that the common open space would be
used for passive recreation and drainage. A condition of approval has been added requiring that
such information be stated in the final PUD plan.
55. The PUD site plan does not include a landscaping plan for the proposal. The applicant
indicated that the lots in the project would be individually landscaped.
56. The PUD site plan does not illustrate the frontage improvements required along 12th
Avenue, or the required 6-foot wide pedestrian pathway along the private road in the project.
The final plat/PUD has been conditioned to ensure illustration of such requirements.
57. Model Irrigation District#18 and County Utilities certified, respectively, that public water
and public sewer will be available to serve the proposal, if approved. The proposal meets the
water and sewer concurrency requirements of the City Phase I Development Regulations.
58. The preliminary plat has been conditioned to assure proper utility access and easements for
Avista Utilities and Model Irrigation District#18. Underground utilities would be provided, as
required by the City Subdivision Ordinance and as recommended by the Comprehensive Plan.
The City Phase I Development Regulations do not require direct concurrency for schools or
parks.
59. The site is located near an Urban Principal Arterial and has good access to the major
arterials systems in the area. The site is surrounded by existing residential development,has
HE Findings, Conclusions and Decision REZ-05-04/SUB-04-04/PUD-03-04 Page 8
ready access to pubic utilities and services, and is located only.75 miles from the major business
district located along Sprague Avenue.
60. The preliminary PUD site development plan, as conditioned, complies with the
requirements of Zoning Code 14.704.140, the design criteria set forth in Zoning Code
14.704.390, and the other requirements of the PUD Overlay zone.
61. 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.
62. 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.
63. 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.
64. The Examiner has added conditions of approval to ensure compliance with the County
Critical Areas Ordinance. As conditioned, the project will be reasonably compatible with
neighboring land uses, and will not adversely impact the public health, safety and general
welfare.
65. 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.
66. As conditioned, the proposal will not have more than a moderate effect on the quality of the
environment and will be reasonably compatible with neighboring land uses. The MDNS issued
for the proposal was appropriate.
67. Changed conditions have occurred since the zoning of the site was reclassified to the UR-
3.5 zone in 1991, to support the approval of the proposed rezone and PUD Overlay zone. This
includes the extension of public sewer to the area, road improvements to University Road,
adoption of the Comprehensive Plan and Phase I Development Regulations, incorporation of the
City of Spokane Valley, and rezones to the UR-7 zone approved along University Road in the
vicinity.
Based on the above findings of fact, the Hearing Examiner enters the following:
II. CONCLUSIONS OF LAW
1. The preliminary plat and dedication, as conditioned, conform to the City Comprehensive
Plan and will serve the public use and interest.
HE Findings, Conclusions and Decision REZ-05-04/SUB-04-04/PUD-03-04 Page 9
2. The preliminary plat and dedication, as conditioned, make appropriate provision for the
public health, safety and general welfare; and also make appropriate provision for open spaces,
roads, drainage ways, schools and school grounds,playgrounds,parks and recreation, sidewalks
for children who walk only to school, sanitary wastes, potable water supplies, easements,
utilities, planning features, and all other relevant facts as specified in RCW 58.17.110 and the
City Subdivision Ordinance.
3. The preliminary plat, as conditioned, meets the general design and other requirements listed
in Chapter 12.400 of the City Subdivision Ordinance for a proposed subdivision.
4. The proposed zone reclassification and PUD Overlay zone, as conditioned, conform to the
City Comprehensive Plan, and bear a substantial relationship to the public health, safety and
welfare.
5. A change in economic, technological, or land use conditions has occurred to warrant
approval of the proposed rezone and PUD Overlay zone. A substantial change of circumstances
has occurred in the area since the site was last zoned.
6. The proposed rezone and PUD Overlay zone, as conditioned, meet the criteria established
by Washington case law for approving a rezone.
7. The procedural requirements of the State Environmental Policy Act and the City's Local
Environmental Ordinance have been met.
8. The proposal, as conditioned, complies with the UR-7 zone, the PUD Overlay zone, the
County Zoning Code, the County Subdivision Ordinance and other applicable development
regulations.
9. 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.
10. Approval of the subject applications is appropriate under the City Zoning Code and City
Ordinance No. 03-057, as amended by City Ordinance Nos. 03-081 and 04-012.
III. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject applications for a
rezone,preliminary plat and PUD Overlay zone 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-05-04/SUB-04-04/PUD-03-04 Page 10
Failure to comply with the conditions of this approval may result in revocation of this
approval by the Hearing Examiner. This approval does not waive the applicant's obligation to
comply with all other requirements of other public agencies with jurisdiction over land
development.
Pursuant to City Ordinance No. 04-012, if a timely appeal of this decision 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 considered an"official control" of the City.
CONDITIONS OF APPROVAL:
A. General conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. The Spokane Valley Interim Zoning Map shall be updated to specify an Urban Residential-
7* (UR-7*) designation for Parcel Nos. 45213.9065 and 45213.9066.
2. The maximum density (net) for future residential development on the subject parcels shall
be six (6) dwelling units per acre.
3. The approved preliminary plat shall have a maximum of twenty-one (21) residential units,
unless a preliminary plat modification is approved pursuant to Section 12.100.120
(Modifications) of the Spokane Valley Interim Subdivision Ordinance ("Subdivision
Ordinance").
4. Pursuant to Section 12.100.116 (Expiration of Approval), the preliminary plat approval for
SUB-04-04 shall automatically expire, and become null and void, on June 22, 2009; unless a
time extension is timely submitted and approved.
5. The preliminary planned unit development approval for PUD-03-04 shall automatically
expire, and become null and void, on June 22, 2009; unless a time extension is timely submitted
and approved.
6. Pursuant to Section 14.704.160 (Final PUDs) of the Subdivision Ordinance, any Planned
Unit Development not finalized prior to the expiration of the Preliminary PUD shall become
void.
7. Pursuant to Section 12.100.118 (Extensions of Time) of the Subdivision Ordinance, an
application form and supporting data for time extension requests must be submitted to the
Director at least thirty(30) calendar days prior to the expiration of the preliminary plat approval.
HE Findings, Conclusions and Decision REZ-05-04/SUB-04-04/PUD-03-04 Page 11
8. Pursuant to Section 12.100.120 (Modifications) of the Subdivision Ordinance, any request
for a proposed modification to a preliminary plat, which has received preliminary approval, shall
be submitted to the Current Planning Division for review and approval.
9. Pursuant to Section 12.100.130 (Enforcement) of the Subdivision Ordinance, any sale,
lease, or transfer of any lot or parcel created pursuant to the City's Interim Subdivision
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, and 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.
10. Pursuant to Section 12.400.132 (Utilities) of the Subdivision Ordinance, when the density
of a proposed subdivision meets or exceeds three (3) 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 gross density of the preliminary plat is 4.71 dwelling units per acre;
therefore the proposal shall comply with Section 12.400.132. If the applicant or successors in
interest wish the Director to waive the underground requirement, a written request shall be
submitted to the Community Development Director requesting a waiver of the underground
requirement and providing a detailed explanation of the conditions, physical or otherwise, that
make underground installation impractical.
11. Pursuant to Section 12.400.132 of the Subdivision Ordinance, all utilities within the plat
shall be underground.
12. Except where noted in conditions of approval, the proposal shall comply with the
provisions of Chapter 14.618 (Urban Residential-7) of the Spokane Valley Interim Zoning
Ordinance ("Zoning Code").
13. Landscaping within the required buffers along street frontages shall be installed in
conformance with Section 14.806.120 (Installation and Security Requirements) of the Zoning
Code and shall be maintained in conformance with Section 14.806.140 (Maintenance and
Enforcement) of the Zoning Code.
14. Pursuant to Section 14.618.375 (Utilities) of the Zoning Code, all utility hardware shall
be placed underground or screened from view with a decorative block wall or landscaping.
Said screening shall be as high as the highest portion of the equipment and shall be
permanently maintained.
SPOKANE REGIONAL HEALTH DISTRICT:
15. Water service shall be coordinated through the Director of Utilities, Spokane County.
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16. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane) for the State Department of Health.
17. The sewage disposal method shall be authorized by the Director of Utilities for Spokane
County.
B. Prior to final PUD approval,the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. Submit a Final Planned Unit Development (PUD) Plan prepared in conformance with
Section 14.704.160 of the Zoning Code. The Final Planned Unit Development Plan shall include
approved road plans, drainage systems, assurances of building and fire code compliance and the
requirements specified in Section 14.704.140 of the Zoning Code, inclusive of a Final Landscape
Plan.
2. Pursuant to Section 14.704.160 of the Zoning Code, approval of the Final PUD Plan shall
be done administratively or through a public hearing, at the discretion of the Community
Development Director.
3. Pursuant to Section 14.704.160 of the Zoning Code, construction shall not commence
until the PUD has been given final approval.
4. Pursuant to Section 14.704.385 of the Zoning Code, submit written evidence of the
chosen administration method for the on-site common open space consisting of a) Establishment
of an association or nonprofit corporation of all property owners or corporations within the
project area to ensure perpetual maintenance of all common open space; or b) Retention of
ownership, control and maintenance of all common open space by the applicant.
5. Pursuant to Section 14.704.385 of the Zoning Code, all privately owned common open
space shall continue to conform to its intended use and remain as expressed in the Site
Development Plan by the inclusion in all deeds of appropriate restrictions to ensure that the
common open space is permanently preserved according to the PUD Plan. Said deed restrictions
shall be recorded and shall run with the land and for the benefit of present as well as future
property owners in the PUD and shall contain a prohibition against future divisions or
segregations without further City approvals. Copies of the recorded deed restrictions shall be
submitted to the City of Spokane Valley Current Planning Division prior to final planned unit
development approval. The Final PUD Plan shall specify the function of the common open
space and who will maintain the common open space.
6. Submit a Final PUD Plan with a note on the face specifying a total maximum building
coverage for the entire project of 60% inclusive of all primary and accessory structures.
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7. Submit a Final PUD Plan specifying the paving of on-site pedestrian facilities with asphalt
or concrete or Portland cement concrete.
8. Submit a Final PUD Plan specifying the correct amount of common open space to be
provided within the PUD and meeting the minimum PUD common open space requirement.
9. The Final PUD Plan shall state a maximum building height of 35 feet.
C. Prior to final plat approval, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—
CURRENT PLANNING DIVISION:
1. In order to comply with Section 14.618.365 (Walls) of the Zoning Code, the applicant shall
prior to final plat approval construct a six (6)-foot high concrete, masonry, or decorative block
wall, solid landscaping or site-obscuring fence along the proposal's western, 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 six (6)-foot high
concrete, masonry, or decorative block wall, solid landscaping or site-obscuring fence. Further,
the applicant shall at the same time agree that at time of sale of any and all of the parcels created
through the short plat action, the applicant shall notify in writing all buyers of the requirement to
maintain the six (6)-foot high concrete, masonry, or decorative block wall, solid landscaping or
site-obscuring fence along the portion of the property under their direct control.
2. Prior to final plat approval, submit a final plat specifying a maximum of twenty-one lots
and a maximum of twenty-one (21) single-family residential dwelling units.
3. Pursuant to Section 12.400.124 (Roads) of the 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.
4. Pursuant to Section 12.400.126 (Sewage Disposal) of the 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 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 Subdivision Ordinance,
construct or make appropriate provisions for the management of stormwater runoff.
7. Pursuant to Section 12.400.132 (Utilities) of the Subdivision Ordinance, submit a final plat
specifying easements inclusive of location and width for electric, water, sewer, gas and similar
utilities. This shall include adequate water line easement(s) on behalf of Model Irrigation
District No. 18.
HE Findings, Conclusions and Decision REZ-05-04/SUB-04-04/PUD-03-04 Page 14
8. Pursuant to Section 12.400.134 (Professional Land Surveyor) of the Subdivision
Ordinance, a final plat shall be submitted and shall be made 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 Chapter 58.09), Survey and Land Descriptions (WAC Chapter 332-130),
and the City of Spokane Valley's Interim Standards for Road and Sewer Construction, as
amended.
9. The submitted final plat application shall comply 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 Subdivision Ordinance.
10. Pursuant to Section 12.400.144 (Filing) of the Subdivision Ordinance, the City of
Spokane Valley shall record with the Spokane County Auditor's Office the final plat, upon
receipt of all required signatures on the face of the plat, provided that also pursuant to this
Section, the applicant shall submit prior to recording 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.
11. Pursuant to Section 12.400.138 (Monumentation) of the 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 Subdivision Ordinance, mark
every lot corner marked with an iron rod or iron pipe 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
standard, maximum lot coverage standard and other applicable lot development standards for the
UR-7 zoning district or successor zoning designation in effect at the time of building permit
application." This language may be modified to allow a side yard setback of five (5)feet for two
(2)-story single-family dwellings, except along the exterior boundary of the final plat.
14. Submit a final plat with the following note on the face of the final plat: "All utility
hardware shall be placed underground or screened from view with a decorative block wall or
landscaping. Said screening shall be as high as the highest portion of the equipment and shall
be permanently maintained. "
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
16. Twelfth Avenue abutting the preliminary plat shall be improved with fifteen (15) feet of
asphalt from roadway centerline to property frontage, a two (2)-foot wide Type B curb and gutter,
HE Findings, Conclusions and Decision REZ-05-04/SUB-04-04/PUD-03-04 Page 15
a ten (10)-foot wide planter strip and a five (5)-foot wide separated sidewalk. In addition, a
twelve (12) foot wide border easement along the property frontage abutting Twelfth Avenue shall
be specified on the face of the final plat. The Final PUD Plan shall depict a profile of such
improvements.
17. 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 private street and associated facilities in the final plat.
SPOKANE REGIONAL HEALTH DISTRICT:
18. 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.
19. 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.
20. 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.
21. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
22. Appropriate utility easements shall be indicated on copies of the preliminary plat of
record, for distribution by the Spokane Valley Current 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.
23. 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. Use of individual on-site sewage disposal systems shall not be
authorized."
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24. The dedicatory language on the final plat shall state: "The use of private wells and water
systems is prohibited."
25. The final plat dedication shall contain the following statement: "The public water system,
pursuant to the Water Plan approved by Regional and State heath authorities, the local fire
protection district, the City Building Division and water purveyor, shall be installed within this
subdivision and the applicant shall provided for individual domestic water service as well as fire
protection to each lot prior to sale of each lot and prior to issuance of a building permit for each
lot."
26. Water service shall be by an existing public water supply when approved by Regional
Engineer(Spokane), State Department of Health.
27. 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.
28. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
SPOKANE COUNTY FIRE DISTRICT NO. 1:
29. Install one (1) new fire hydrant at the lot line between Lots 2 and 3 of Tract B.
30. The on-site private road shall be named Van Marter Court.
AVISTA UTILITI NS:
31. Submit a final plat specifying a ten (10)-foot wide utility easement strip to be extended
across the north property line of Lot 1, Tract A and the common area.
32. Submit a final plat specifying the following note on the face of the final plat: "Utility
easements shown on the herein described plat are hereby dedicated for the use of serving utility
companies for the construction, reconstruction, maintenance,protection, inspection and operation
of their respective facilities, together with the right to prohibit changes in grade that will reduce
the existing coverage over installed underground facilities and the right to trim and/or remove
trees, bushes, landscaping and to prohibit structures that may interfere with the construction,
reconstruction, reliability, maintenance, and safe operation of same."
D. Prior to or during on-site construction the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
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1. During any and all on-site construction, the proposal shall control and limit all on-site dust
pursuant to applicable SCAPCA regulations pertaining to construction methods and construction
vehicles.
2. 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.
3. Upon any discovery of potential or known archaeological resources at the subject property
prior to or during on-site construction, the developer, contractor, and/or any other parties
involved in construction shall immediately cease all on-site construction, shall act to protect the
potential or known historical and cultural resources area from outside intrusion, and shall notify,
within a maximum period of twenty-fours from the time of discovery, the City of Spokane Valley
Community Development Department of said discovery.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
4. A Professional Engineer, licensed in the State of Washington, shall submit final road and
drainage plans and a drainage report including calculations that conform to the 2001 Edition of
the Spokane County Standards for Road and Sewer Construction, the 1998 Spokane County
Guidelines for Stormwater Management (both adopted by the City of Spokane Valley), and all
other applicable standards.
5. Permits shall be required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
6. 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 Stormwater
Management. 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.
7. The permittee shall be responsible for arranging all necessary utility adjustments,
relocations or improvements, or improvements as required for the completion of the project. The
developer shall contact the purveyors of each affected utility regarding private service, utility
improvements and any relocation and adjustment costs. All rigid objects shall be located out of
the clear zone. These clear zone requirements are located in the City's adopted Road and Sewer
Standards.
8. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed Washington State Professional Engineer/Land Surveyor, who
shall furnish the City Engineer with "Record Drawing" plans and a certificate in writing that all
HE Findings, Conclusions and Decision REZ-05-04/SUB-04-04/PUD-03-04 Page 18
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.
9. 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.
10. The internal street of this PUD shall follow PUD street standards specified in the Section
14.704.380 of the Zoning Code, including the construction of 6-foot wide pedestrian facilities
along the private road. The Final PUD plan shall depict a profile of the private road,
including road width,pedestrian facilities, lighting, and paving material.
SPOKANE COUNTY DIVISION OF UTILITIES:
11. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the project.
12. 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.
13. Any water service for the project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
14. 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."
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
15. 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.
16. 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.
HE Findings, Conclusions and Decision REZ-05-04/SUB-04-04/PUD-03-04 Page 19
17. Debris generated as a result of this project shall be disposed of by means other than
burning.
18. If objectionable odors result from this project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
19. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
20. 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.
21. 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.
DATED this 22nd day of June, 2004
CITY HEARING EXAMINER PRO TEM
Michae C. Dempsey, WSBA#8235
HE Findings, Conclusions and Decision REZ-05-04/SUB-04-04/PUD-03-04 Page 20
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 Nos. 03-081 and 04-012, the decision of the Hearing Examiner on a combined
application for a zone reclassification,preliminary plat and Planned Unit Development (PUD)
Overlay zone is final and conclusive unless within fourteen(14) calendar days from the
Examiner's written decision, a party of record aggrieved by such decision files an appeal with the
City Council of the City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane
Valley, Washington.
This decision was mailed by certified mail to the Applicant, and by first class mail to
other parties of record, on June 22, 2004. THE APPEAL CLOSING DATE IS JULY 6, 2004.
Pursuant to City Ordinance No. 04-012, if a timely appeal of this decision 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 considered an"official control"of the City.
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 Depai Lucent 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.
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