REZ-04-04SUB-03-04PUD-02-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for Zone Reclassification from the )
UR-3.5 Zone to the UR-7 Zone, Preliminary )
Plat of Corbin Estates, and Planned Unit ) FINDINGS OF FACT,
Development(PUD) Overlay Zone; ) CONCLUSIONS OF LAW,
Applicant: Diamond Rock Construction ) AND DECISION
File No. REZ-04-04/SUB-03-04/PUD-02-04 )
This matter coming on for public hearing on June 10, 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 are for a zone reclassification of 6.96 acres of land from the Urban
Residential-3.5 (UR-3.5) zone to the Urban Residential-7 (UR-7) zone; the preliminary plat of
Corbin Estates, to divide such acreage into 33 lots for single-family dwellings, two (2) divided
duplex lots, and common open space tracts; and a Planned Unit Development (PUD) Overlay
zone for such acreage.
2. The site is located along the south side of Sprague Avenue and the east side of Long Street,
in the SE 1/4 of Section 19, Township 25 N, Range 45 EWM, in Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 55191.0413,
55191.0407 and 55191.0405. The property is legally described on the preliminary plat map of
record submitted on April 2, 2004.
4. The applicant for the proposal is Diamond Rock Construction, c/o Dennis Crapo, 15321 E.
Mission Avenue; Veradale, WA 99037. The owners of the site are Dennis and Melissa Crapo,
15321 E. Mission.Avenue; Veradale, WA 99037, and Kathi Jo Stroh, 101 South Long,
Greenacres, WA 99037.
5. On March 5, 2004, the applicant submitted applications for a preliminary plat, zone
reclassification and PUD Overlay zone in the above-referenced file.
6. The preliminary plat map and PUD site development plan submitted on March 5, 2004
illustrated division of the site into 33 lots for single-family residences; two (2) divided duplex
lots; and three (3) common open space tracts totaling 30,327 square feet in area, to be used for
passive recreational use and drainage. The common open space included Tracts A(6,269 square
feet) and C (12,037 square feet), located at the entrance to the preliminary plat along Sprague
Avenue; and Tract B (12,021 square feet), located along the east boundary of the site. The map
and plan erroneously stated the combined area of Tract A, B and C to be 27,070 square feet. The
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 1
map illustrated internal access via a private road system connecting to Sprague Avenue,with
certain lots provided driveway access to Long Road and Sprague Avenue.
7. On March 26, 2004, the City Community Department of Community Development
("Department") issued a Determination of Completeness, finding the applications incomplete
because the preliminary plat map and preliminary PUD site development plan did not contain
certain elements required by the City Subdivision Ordinance and the PUD Overlay zone,
respectively.
8. The Determination of Completeness issued on March 26, 2004 also contained advisory
notes recommending that the applicant identify a range of active and passive recreational uses
within the common open space, provide access for all dwelling units to Tract B of the
preliminary plat, confirm compliance with fencing and landscaping requirements for the PUD,
and confirm compliance with the clear view triangle for the streets serving the preliminary plat.
9. On April 2, 2004, the applicant submitted a revised preliminary plat map and PUD site
development plan, and a schematic landscape plan for the PUD. The revised map and plan
provided the information requested by the Department of Community Development to make the
application complete, but did not alter the design of the proposal or respond to the advisory notes
recommended by the Department. On April 6, 2004, the Department issued a Determination of
Completeness, finding that the applications were complete.
10. On May 12, 2004, the Department of Community Development issued a memorandum
requesting additional information from the applicant, including submittal of a pedestrian facilities
plan that illustrated compliance with the PUD Overlay zone, and a traffic analysis.
11. The Department's May 12, 2004 memorandum specifically requested that the applicant
revise the preliminary plat map and PUD site plan to provide pedestrian access to Greenacres
Elementary School, located directly south of the site; increase the percentage of common open
space in the preliminary plat from 8.9%to 10%; disperse the common open space throughout the
development; provide easy access to all common open space tracts from all residential units; and
designate the use of the common open space to accommodate both active and passive
recreational units.
12. On May 17, 2004, the Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not appealed.
13. On May 25, 2004, the applicant submitted a revised preliminary plat map,preliminary PUD
site development plan and schematic landscape plan. The map and plans illustrate division of the
site into 33 lots for single-family dwellings, two (2) divided duplex lots, and four(4) common
open space tracts totaling 30,572 square feet. The common open space includes Tracts A(6,269
square feet) and C (4,839 square feet), located at the entrance to the preliminary plat along
Sprague Avenue; Tract B (12,021 square feet), located along the east border of the site; and Tract
D (7,443 square feet), located along the south border of the easterly portion of the site.
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 2
14. The revised map and plans submitted on May 25, 2004 illustrate single-family lots ranging
from 6,000 square feet to 11,501 square feet in size, including an existing single-family residence
fronting along Long Road that is currently served by on-site sewage disposal; and divided duplex
lots of 4,624 square feet and 4,544 square feet, which are currently being improved with duplex
units. The average size of the single-family residential lots in the preliminary plat is
approximately 7,178 square feet. The typical dwelling unit in the PUD is illustrated as a 2-story
home with a 2-car garage. The density(net) of the preliminary plat/PUD is 5.51 dwelling units
per acre.
15. The revised map and plans submitted on May 25, 2004 illustrate a 28-foot wide private
road, including curbs, leading into the development from Sprague Avenue; which roadway
narrows to a 24-foot wide private road, including curbs, in other parts of the development. Direct
access to Long Road is illustrated for the three (3) lots fronting along such road. A 20-foot wide
access and utility easement is shown extending from the terminus of the east-west private road
across two lots to Long Road. A 20-foot wide private driveway and turnaround easement is
shown along the north boundary of Lots 10-12, Block 2 of the preliminary plat. The PUD plan
states that an access easement will be provided along the north line of such lots, for the purpose
of maintaining and accessing Tract B.
16. The revised map and plans submitted on May 25, 2004 illustrate a 6-foot wide, concrete
sidewalk along one side of the private roads. A 6-foot wide lighted,paved pathway is illustrated
extending through Tract D, from the sidewalk system located at the terminus of the north-south
private road to the adjacent school. The purpose of the common open space tracts is listed as
drainage/street frontage, open area landscaping and a pathway to Greenacres Elementary School.
The landscape plan shows lawn, trees and Type III landscaping on the common open space tracts.
Phasing of the preliminary plat is not proposed. The entire project would be served with public
sewer and water.
17. The preliminary plat map submitted on May 25, 2004 illustrates an existing garage on site,
with a concrete drive extending 135 feet north to Sprague Avenue; an existing barn; three (3)
abandoned buildings, including a former residence; and various types of existing perimeter
fencing. The preliminary plat map states that all existing buildings and structures on the site will
be removed, except for the existing single-family home and the duplex units on the property.
18. The revised map and plans submitted on May 25, 2004 do not state the proposed setbacks
for the dwelling units in the project. The PUD worksheet submitted by the applicant indicates
that"special setbacks" are requested. The revised PUD site development plan appears to
illustrate front yard setbacks of 25 feet or more, flanking street yard setbacks ranging from 15
feet to 22.5 feet, a side yard setback of only two (2) feet for Lot 12, Block 2, side yard setbacks of
five (5) feet or more for the other proposed lots, and rear yard setbacks of 15 feet or more.
19. The Examiner conducted site visits on June 9, 2004 and July 14, 2004. On June 10, 2004,
the Hearing Examiner held a public hearing on the proposal. The notice requirements for the
public hearing were met.
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20. 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.
21. The following persons testified at the public hearing:
Karen Kendall Greg McCormick
Assistant Planner Long Range Planning Manager
City of Spokane Valley City of Spokane Valley
11707 E Sprague Avenue Ste 106 11707 E. Sprague Ave Suite 106
Spokane Valley, WA 99206-6110 Spokane Valley, WA 99206
Sandra Raskell Don Ramsey
Assistant Development Engineer Traffic Engineering
City of Spokane Valley City of Spokane Valley
11707 E Sprague Ave Ste 106 11707 E Sprague Ave Ste 106
Spokane Valley, WA 99206-6124 Spokane Valley, WA 99206-6124
Andrew Worlock Dennis Crapo
CLC Associates Diamond Rock Construction
12730 E Mirabeau Parkway Ste 100 15321 E Mission Ave
Spokane Valley, WA 99216-1455 Spokane Valley, WA 99037-9552
Morris F. Johnson
17916 E. Sprague
Spokane, WA 99216
22. 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.
23. The record includes the documents in the project file at the time of the public hearing, the
documents and testimony submitted at the public hearing, and the items taken notice of by the
Hearing Examiner.
24. The property is 6.96 acres in size and relatively flat in topography. Vegetative cover
consists of deciduous trees, shrubs and grasses. The site is improved with the structures,
buildings and fencing illustrated on the preliminary plat map.
25. Effective January 1, 1991, Spokane County reclassified the zoning of the site and
neighboring properties from its zoning under the now expired County Zoning Ordinance to the
current zoning designations for such land; pursuant to the Program to Implement the Spokane
County Zoning Code. See County Resolution No. 85-0900.
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26. Effective January 15, 2002, Spokane County implemented a new comprehensive plan, a
capital facilities plan,Urban Growth Area(UGA)boundaries and County Phase I Development
Regulations pursuant to the State Growth Management Act. See County Resolution Nos. 2-0037
and 2-0470. The County Phase I Development Regulations designated the area in the UGA, and
retained the zoning of the site and neighboring properties.
27. On March 31, 2003, the City adopted by reference the County's comprehensive plan,
capital facilities plan, subdivision ordinance, zoning code,Phase I Development Regulations and
other development regulations, with certain minor variations. The City retained the zoning of the
site and neighboring land.
28. The City Comprehensive Plan designates the site, the three (3)parcels lying between the
site and Sprague Avenue, the land lying south and southwest of the site, and the land lying
southwest of the intersection of Long Road and Second Avenue in the vicinity in the Low
Density Residential category. Such land is zoned UR-3.5 and developed for single-family homes
on lots of various size, except for the school property located to the south.
29. The Comprehensive Plan designates the land lying northerly of Sprague Avenue in the
vicinity in the Mixed Use category. Such land is zoned Community Business (B-2) or Light
Industrial (I-2), and is generally developed with single-family homes or industrial storage uses on
parcels of various size.
30. The land lying west of Long Road, between Second Avenue and Sprague Avenue, is zoned
B-2 and is developed with single-family homes on lots of various size. The land abutting the site
on the east is designated in the Medium Density Residential category of the Comprehensive Plan,
and consists of a subdivision zoned UR-7 and developed with duplexes.
31. In 2000, the County approved the preliminary plat/PUD of Longview Estates, to divide 11.2
acres of land located 700 feet southwest of the site,between Long Road and Tschirley Road, and
between Sixth Avenue extended east and Eighth Avenue, into 53 lots for single-family
dwellings; along with a Planned Unit Development (PUD) Overlay zone. The development had
a density(net) of 5.52 dwelling units per acre in the UR-3.5 zone, achieved through bonus
density provisions. See File No. PE-1870-01/PUDE-2-00. Such preliminary plat has been
finally platted; and has been or is being developed.
32. In 2001, the County approved the preliminary plat/PUD of Longview Place, to divide 3.31
acres of land located one-fourth(1/4)mile south of the site along the east side of Long Road,
between Sixth Avenue extended east and Eighth Avenue, into 15 lots for single-family
dwellings; along with a Planned Unit Development(PUD) Overlay zone. The development had
a density(net) of 5.17 dwelling units per acre in the UR-3.5 zone, achieved through bonus
density provisions. See File No. PE-1888-01/PUDE-6-01. Such preliminary plat has been
finally platted; and has been or is being developed.
33. In 2002, the County approved a zone reclassification of 5.64 acres located approximately
700 feet west of the site, east of Tschirely Road and 200 feet south of Sprague Avenue, from the
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 5
B-2 and Regional Business (B-3) zones to the Urban Residential-22 (UR-22) zone, to allow the
development of multi-family dwellings in the form of retirement/elderly apartments. Such land
is designated in the Medium Density Residential category of the Comprehensive Plan.
34. The City Arterial Road Plan designates Sprague Avenue, Flora Road and Barker Road in
the vicinity as Urban Minor Arterials, and Appleway Avenue to the north as an Urban Principal
Arterial. The other roads in the vicinity are Urban Local Access roads. Sprague Avenue lacks
curb and sidewalk in the vicinity of the site. Long Road is improved with sidewalks between
Fourth Avenue and Second Avenue, and has a paved pedestrian pathway on the west side of the
road south of Fourth Avenue. Fourth Avenue has sidewalks adjacent to Greenacres Elementary.
Moen Road to the east does not have sidewalks.
35. Greenacres Middle School is located approximately one-fourth(1/4)mile northwest of the
site, along the north side of Sprague Avenue,between Corbin Road and Tshchirley Road. Public
transit is available in Appleway Avenue a few blocks north of the site.
36 The owner(R.A. Denny) of a residence located directly north of the site across Sprague
Avenue, at the northwest corner of the intersection of such road and Artis Court, expressed
concern regarding the density of the proposal and the additional traffic along Sprague Avenue.
37. The owner(Morris F. Johnson) of a residence located directly west of the site along
Sprague Avenue expressed concern regarding increased trespassing and theft from youths
residing in the proposed development, the potential loss of property from improvements to
Sprague Avenue, loss of sunshine resulting from the fencing of adjacent property lines in the
proposal, and the density of the proposal.
38. At the public hearing,the applicant requested the Examiner to approve the version of the
project submitted on April 2, 2004. The applicant contended that the later May 25, 2004
submittal was compelled by the City Department of Community Development,based on its
comments requiring the applicant to provide a pedestrian pathway to Greenacres Junior High and
a greater dispersal of the common open space in the preliminary plat/PUD. The applicant
contended that such requirements were not justified under the PUD Overlay zone; that the
common open space provided in the April 2, 2004 version of the project provided a better buffer
to traffic along Sprague Avenue than the May 25,2004 version; and that the requirement for
student access through the project impaired the privacy normally afforded to property owners in a
PUD.
39. At the public hearing, the City Department of Community Development objected to
consideration of the April 2, 2004 version of the preliminary plat; contending that it did not
comply with the 10% common open space requirement; and that the applicant was given an
opportunity to advertise both the April 2 and May 25 versions of the preliminary plat for
consideration at the public hearing,but elected not to do so.
40. 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
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 6
designation that applies to the particular property. The UR-3.5 and UR-7 zones are the
implementing zones for the Low Density Residential category that applies to the site.
41. 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 bonus densities being authorized
through approval of a PUD Overlay zone.
42. The minimum frontage and the minimum lot size for a single-family dwelling in the UR-
3.5 zone are, respectively, 80 feet and 10,000 square feet. Within a PUD Overlay zone, the
minimum frontage for residential units may be reduced to 50 feet, and the minimum lot size
reduced to 6,000 square feet.
43. 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.
44. 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. The minimum lot size for a duplex is 11,000
square feet. A duplex lot may be divided under Chapter 14.818 of the City Zoning Code.
45. 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 to the UR-7 zone, and the preliminary plat,which has a density(net)
of 5.51 dwelling units per acre, implement these policies.
46. 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,
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.
47. 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.
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 7
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.
48. 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.
49. Policy T.4a.2 recommends that the capacity of existing roads be maximized to minimize
the need for new or expanded roads, through the use of signalization, improved signage and other
means. Policy T.4a.4 recommends that private roads be allowed as a principal means of
circulation in developments,provided adequate measures are in place to assure safe travel,
emergency access and permanent private maintenance.
50. Guidelines set forth in the City 2001 Standards for Road and Sewer Construction("City
Road Standards")recommend the provision of adequate vehicular and pedestrian access to all
parcels of land, minimizing through traffic movements and excessive speeds on local access
streets, logical street patterns,minimizing vehicular and pedestrian-vehicular conflict points,
considering traffic generators in designing a street system in a proposed development, and
considering bordering arterial routes.
51. The City Road Standards prohibit private roads from"obstructing public road circulation",
and authorize the City Engineer to consider the need for adequate vehicular and pedestrian access
for all parcels in reviewing proposed street systems. The PUD Overlay zone authorizes City staff
to consider access to the road and pedestrian network outside a proposed PUD, in approving
pedestrian circulation facilities for the PUD.
52. Zoning Code 14.704.380 (3),part of the PUD Overlay zone, requires the installation of a
minimum 6-foot wide, paved, lighted,pedestrian circulation facility(i.e. sidewalk or hard-surface
pathway) for a PUD Overlay zone, which facility is functionally and safely convenient to each
dwelling unit served, functionally convenient to a schools located adjacent to a project, and
functionally convenient to a larger pedestrian circulation system outside the PUD. Such facilities
are to be located and designed in accordance with the approval of the City Engineer.
53. Zoning Code 14.704.380 allows street widths to be reduced to 20 feet for 2-way traffic;
subject to the provision of on-site parking that is functionally convenient to planned dwelling
units, and at least equal to the parking requirements of the zone plus one-half(1/2) stall; the
prohibition of on-street parking and the installation of"no parking" and"fire lane" signage; and
other requirements.
54. Zoning Code 14.704.390 sets forth certain design criteria objectives for a PUD. These
include the general dispersal of"recreational areas (active and passive)"throughout the
development, which are easily accessible from all dwelling units; as well as making open space,
pedestrian and circulation facilities,parking facilities and other pertinent amenities an integral
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 8
part of the landscape. The retention of natural landscape features is also emphasized. The
development standards set forth in Zoning Code 14.704.100 through 14.704.380 are intended to
accomplish such design criteria.
55. City Traffic Engineering conditions require the applicant to improve Sprague Avenue and
Long Road along the frontage of the site,by paving and widening the road; and installing curb,
gutter,planting strip and sidewalk. The comments submitted by City Engineering on May 10,
2004 recommended that the project provide a safe and efficient pedestrian access to Greenacres
Elementary.
56. The trip distribution analysis submitted by the applicant's consulting engineer on May 13,
2004 establishes that the proposal will not have any significant adverse impact on the public
roads serving the project. City Engineering accepted such analysis, found that the proposal
would not significantly impact any road intersection in the area, and certified transportation
concurrency for the proposal pursuant to the City Phase I Development Regulations.
57. The County Division of Utilities certified that public sewer was available to serve the entire
preliminary plat, through developer extension and the payment of latecomer fees. The local
water district indicating that public water was available to serve the project. The project meets
the sewer and water concurrency requirements of the City Phase I Development Regulations.
58. The Central Valley School District submitted written comments on May 6, 2004 indicating
that Greenacres Elementary School and Greenacres Middle School are presently at or near
capacity, and that students residing in the proposed development may have to be transported to
other schools in the district where capacity is available. The District also recommended that the
applicant take measures to either prevent, or facilitate, direct student access to Greenacres
Elementary, to prevent students from trespassing through private yards and climbing the school's
fences.
59. The City Capital Facilities Plan indicates there will likely be adequate school capacity in
Central Valley School District to serve the students in the proposal at the time of buildout,
although there may be a deficiency in City parks and recreational facilities. However, the City
Phase I Development Regulations do not require direct concurrency for school or parks and
recreation.
60. The UR-7 zone and the City Department of Community Development conditions of
approval for the proposal require the installation of a 6-foot high fence,wall or solid landscaping
screen along the borders of the site adjacent to UR-7 zoning. This requirement applies to the
entire south boundary of the preliminary plat and the portions of the north boundary of the
preliminary plat that do not border Sprague Avenue.
61. The UR-7 zone, as interpreted by the City Department of Community Development,
requires the installation of five (5) feet of Type III landscaping along the frontage of the site with
Sprague Avenue and Long Road. The landscape plan submitted for the project appears to
illustrate Type 5 landscaping within the common open space tracts fronting Sprague Avenue, but
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not along the front yards of the existing residence and proposed residences along Long Road.
The landscape plan indicates that landscaping of individual lots is the responsibility of individual
homeowners. This discrepancy would need to be resolved prior to final plat approval.
62. The City Road Standards require a secondary access for fire district vehicles when a
subdivision has the cumulative effect of creating 50 or more dwelling units on a single access
road, in zones authorizing urban residential densities between 2-11 dwelling units per acre; or
when the jurisdictional fire district concludes that the layout and location of a development
causes a concern for safety. See City Road Standards,p. 1-6. .
63. While a vehicular connection to Long Road within the preliminary plat may be desirable,
the preliminary plat does not meet the threshold set forth in the City Road Standards for requiring
a secondary access. Spokane County Fire District 1 did not request a secondary access, and
commented only that a new fire hydrant must be installed at the internal intersection of the two
private roads in the preliminary plat. The purpose of the 20-foot wide access and utility
easement extending through Lots 21 and 22, Block 2 of the preliminary plat, from the terminus of
the private road to Long Road, is not clear. Such route could serve as a secondary fire access, if
desired.
64. The residential density(net) of the preliminary plat of 5.51 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, and is comparable to the densities of the
Longview PUD and the Longview Place PUD platted recently in the vicinity. The proposed
building coverage in the preliminary plat of approximately 20% is significantly less than the 60%
maximum building coverage permitted by the PUD Overlay zone.
65. The frontages and the lot sizes for the single-family homes in the preliminary plat rear yards
for the proposed lots are consistent with those required in both the UR-3.5 zone and the UR-7
zone in a PUD Overlay zone. The front yard setbacks are consistent with both the UR-3.5 and
UR-7 zone. The proposed rear yard setback of 15 feet is consistent with the minimum rear yard
setback required by the UR-7 zone.
66. The Examiner may approve lesser building setbacks than required in the applicable zone in
a PUD Overlay zone if there is adequate provision of light and air is provided for structures.
Zoning Code 14.704.325. The UR-3.5 and UR-7 zones require a side yard setback of five (5)
feet per story, and a flanking street yard setback of 25 feet. The environmental checklist
indicates 1-story and 2-story homes are planned,but the preliminary plat map/PUD site plan does
not indicate the distribution of such lots.
67. Considering the relatively low building coverage planned in the project, it is appropriate to
permit the reduced side yard and flanking street yard setbacks illustrated on the PUD site plan;
except adjacent to the north boundary of the west half of the site; and except that no side yard
setback should be less than five (5) feet (see Lot 13,Block 2).
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68. 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 10.1%.
69. A significant portion of the private roads in the preliminary plat has a paved width of only
22 feet, excluding curbs. Accordingly, such roads must comply with the requirements of Zoning
Code 14.704.380 (1), or the paved width widened beyond 22 feet.
70. The preliminary plat/PUD does not illustrate a 6-foot wide,paved and lighted pedestrian
facility that allows each dwelling unit in the proposal to access common open space Tract B.
Tract B is a mostly 25-foot wide, 445-foot long strip of land located along the east boundary of
the site; which is to function as a landscaped open area. This would logically be provided within
or adjacent to the 20-foot wide easement indicated along the north line of Tract D and Lots 1-14,
Block 2 of the preliminary plat.
71. City Engineering submitted convincing testimony at the public hearing, regarding the safety
need to provide a more direct pedestrian route from the lots in the preliminary plat to Greenacres
Elementary School than along Sprague Avenue to Long Road and/or Moen Road. Sprague
Avenue is a relatively busy Urban Minor Arterial and lacks sidewalks east and west of the site
(and adjacent to the site). Long Road does not have sidewalks between Sprague Avenue and 2nd
Avenue, and Moen Road lacks sidewalks.
72. The safest route for students to reach Greenacres Elementary School is via the May 25,
2004 version of the project, via Tract D. The applicant indicated a willingness to provide a
pedestrian facility from the east-west private road west to Long Road. This would still require
students to walk a distance of approximately 205 feet south along a stretch of Long Road lacking
sidewalks, before reaching the school and the sidewalks between Second and Fourth Avenues.
Such alternative route could provide another means for students in the west half and south
portion of the project to walk to Greenacres Junior High, which is located within one-fourth(1/4)
mile walking distance of the site, along the north side of Sprague Avenue directly north of its
intersection with Appleway Avenue.
73. Zoning Code 14.704.380 (3)(e) requires pedestrian circulation facilities, functionally and
safely convenient to schools, to be located and designed in accordance with approval from the
County Engineer; who recommended the direct pedestrian access to Greenacres Elementary
provided by the May 25, 2004 version of the project. Such means of access should be required,
unless the City Engineer determines, after consultation with the school district, that pedestrian
access via Long Road is equal to or better than the pedestrian access provided by the May 25,
2004 version of the project.
74. The April 2, 2004 version of the project does not provide adequate dispersal of the open
space in the preliminary plat. The May 25, 2004 version of the project meets such requirement,
subject to the provision of a pedestrian circulation facility between the private road system and
Tract B. If the City Engineer determines,prior to final approval, that pedestrian access to Long
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 11
Road instead of direct pedestrian access to the adjacent school is acceptable, additional common
open space would still need to be provided in the south or west end of the preliminary plat,
subject to the approval of the Department of Community Development.
75. It is unclear if the reference in Zoning Code 14.704.390 to "active and passive"in Zoning
Code 14.704.390 is intended to require both active and passive recreational facilities in a PUD
Overlay zone, or to simply indicate that recreational areas can be both active and passive.
Passive recreational pursuits may include walking, sitting,picnicking and unstructured play;
while active recreational areas may include playground, exercise and public gathering areas.
Zoning Code 14.704.305 (2)(a)(ii) grants bonus density if significant recreation areas are
developed and equipped with such features as trails, landscaped open areas,pools, tennis courts,
children's play areas, etc.
76. The applicant should identify a range of active and passive uses to be developed for the
future residents in the project, to be incorporated into the final PUD site plan. Considering the
concession the applicant is making in providing direct pedestrian access to the adjacent
elementary school, and the relatively small size of the preliminary plat, the applicant should not
be required to make a substantial investment in any hard recreational facilities.
77. The site is located along a Minor Arterial and has good access to the major arterials systems
in the area. The site is located adjacent to or near existing residential development, has ready
access to pubic utilities and services, and is located only one-half mile from the major business
district located along Sprague Avenue.
78. 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.
79. 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.
80. 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.
81. The Examiner has added conditions of approval to ensure compliance with the County
Zoning Code. As conditioned, the project will be reasonably compatible with neighboring land
uses, and will not adversely impact the public health, safety and general welfare.
82. 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.
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 12
83. 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.
84. 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, adoption of the 2002 Comprehensive Plan and
the Phase I Development Regulations, the approval of residential developments in the area at
similar densities to the proposal, designation of the site in the UGA and Low Density Residential
category of the Comprehensive Plan, and incorporation of the City of Spokane Valley
Based on the above findings of fact, the Hearing Examiner enters the following:
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.
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.
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 13
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.
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. 55191.0413, 55191.0407, and 55191.0405.
2. The maximum density for future residential development on the subject properties under
the zone reclassification to Urban Residential-7* shall be six (6) dwelling units per acre.
3. The preliminary plat and PUD shall be developed in substantial conformance to the
preliminary plat map, preliminary PUD site development plan and landscape plan submitted on
May 25, 2004. The approved preliminary plat shall have a maximum of thirty-five (35)
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").
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 14
4. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance, the
preliminary plat approval for SUB-03-04 shall automatically expire five (5)years after
preliminary approval is granted unless a time extension is approved for the project. If a request
for an extension of time is not timely submitted and approved, the preliminary approval expires
and the plat is null and void. The expiration date for the preliminary plat in File No. SUB-03-04
is July 16, 2009.
5. The preliminary planned unit development approval for PUD-02-04 shall automatically
expire five (5) years after preliminary approval is granted, unless a time extension is approved for
the associated preliminary plat. If a request for an extension of time is not timely submitted and
approved, the preliminary approval expires and the plat is null and void. The expiration date for
the PUD Overlay zone in File No. PUD-02-04 is July 16, 2009.
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 date of expiration of the preliminary plat
approval.
8. Pursuant to Section 12.100.120 (Modifications) of the Subdivision Ordinance, any request
for a proposed modification to an approved preliminary plat, 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 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 lots per gross acre within the exterior
boundaries, the subdivision shall provide underground utilities within public rights-of-way,
alleys or utility easements including,but not limited to, those for electricity, communications,
and street lighting. The subject plat's gross density is 5.02 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 undergrounding 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.
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 15
11. Pursuant to Section 12.400.132 of the Subdivision Ordinance, all utilities within the plat
shall be undergrounded.
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 Code
("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.
15. The design of the preliminary plat map and PUD may be modified to provide pedestrian
access to Long Road in lieu of pedestrian access directly to Greenacres Elementary School, if
authorized by the City Engineering Division and the City Department of Community
Development, after consultation with Central Valley School District.
16. The special setbacks illustrated on the preliminary PUD site plan are approved, except
standard setbacks are required along the exterior boundaries of the site, and side yard
setbacks must be at least five (5)feet.
SPOKANE REGIONAL HEALTH DISTRICT:
16. The use of private wells and water systems shall be prohibited.
17. Water service shall be coordinated through the Director of Utilities, Spokane County.
18. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
19. The sewage disposal method shall be authorized by the Director of Utilities, Spokane
County.
B. Prior to final planned unit development approval, the applicant or successors in
interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT:
1. Submit a Final Planned Unit Development Plan prepared in conformance with Section
14.704.160 of the Zoning Code. The Final Planned Unit Development Plan shall include
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 16
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 Planned Unit
Development 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
a Planned Unit Development has been given final approval.
4. Pursuant to Section 14.704.385 of the Zoning Code, submit written evidence of the chosen
administration method for the on-site common open space consisting of a) Establishment of an
association or nonprofit corporation of all property owners or corporations within the project area
to ensure perpetual maintenance of all common open space; or b)Retention of ownership,
control and maintenance of all common open space by the applicant.
5. Pursuant to Section 14.704.385 of the Zoning Code, all privately owned common open
space shall continue to conform to its intended use and remain as expressed in the Site
Development Plan by the inclusion in all deeds of appropriate restrictions to ensure that the
common open space is permanently preserved according to the Site Development Plan. Said
deed restrictions shall be recorded and shall run with the land and for the benefit of present as
well as future property owners in the P.U.D. and shall contain a prohibition against future
divisions or segregations without further City approvals. Copies of the recorded deed restrictions
shall be submitted to the City of Spokane Valley Current Planning Division prior to final planned
unit development approval.
6. Submit a Final Planned Unit Development Plan with a note on the face specifying a total
maximum building coverage for the entire project of sixty(60)percent, inclusive of all primary
and accessory structures.
7. Submit a final planned unit development plan specifying the location and intensity of
illumination along the on-site pedestrian facility and specify the type of paving for the on-site
pedestrian facilities with asphalt or concrete or Portland cement concrete. The final PUD plan
shall provide pedestrian circulation facilities connecting the sidewalk system along the private
roads to Tract B, which comply with Section 14.704.380 (3) of the Zoning Code.
8. Prior to final plat/PUD approval, the applicant shall provide a range of active and passive
recreational uses that can be incorporated into the design of the final PUD site development
plan and developed on one or more of the common open space tracts in the proposal,for review
and approval by the Department Director.
C. Prior to final plat approval, the applicant or successors in interest shall:
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 17
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. In order to comply with Section 14.618.365 (Walls) of the Zoning Code, construct a six(6)-
foot high concrete, masonry, or decorative block wall, solid landscaping or site-obscuring fence
along the proposal's western 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. Submit a final plat specifying a maximum of thirty-five(35) 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.
8. Pursuant to Section 12.400.134 (Professional Land Surveyor of the Subdivision Ordinance),
submit a final plat 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 58.09), Survey and Land
Descriptions (WAC-332-130), and the City of Spokane Valley's Interim Standards for Road and
Sewer Construction, as amended.
9. 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.
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 18
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."
14. Submit a final plat specifying the provision of minimum five (5) foot wide Type III
Visual Buffers along the proposal's Sprague Avenue and Long Street frontages. Pursuant to
Section 14.806.040.2.e of the Zoning Code, plantings within these 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, these buffer areas shall
consist of a mix of evergreen and deciduous plantings including living trees, shrubs and
groundcovers.
15. 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. 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.
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 19
17. Sprague Avenue is designated as an Urban Minor Arterial. Existing right-of-way consists
of thirty(30) feet from centerline to property frontage. Required frontage improvements shall
include a total of twenty-two (22) feet of asphalt from centerline to property frontage, two (2)
feet of Type B curb and gutter, ten(10) foot planter strip, and a five (5) foot sidewalk. Nine(9)
feet shall be required to be set aside for a border easement within the boundaries of the project
along Sprague Avenue.
18. Long Road is designated as a Local Access Street. Existing right-of-way consists of twenty
(20) feet from centerline to property frontage. Required frontage improvements required shall
include a total of fifteen(15) feet of asphalt from centerline to property frontage, two (2) feet of
Type B curb and gutter, ten(10) foot planter strip, and a five (5) foot sidewalk. Twelve (12) feet
shall be required to be set aside for a border easement within the boundaries of the project along
Long Road.
19. All interior streets shall be designed to meet all applicable City private roadway standards.
20. 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.
21. Prior to final plat approval a final plat map shall be submitted containing the following
final plat dedication language. Please note that the following language shall be placed on the
face of the final plat:
"The public streets and/or drainage facilities shown on this plat are hereby dedicated to the
City of Spokane Valley for public use.
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 Owners' Association) created by
document recorded under State UBI number .(date)
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 20
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 which 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 Owners' Association)
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 4, 5, 13, and 14
of Block 1.
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.
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 21
Maintenance financing of the private roads and associated drainage facilities shall be in a
manner determined by the Home Owners' Association or their
successors in interest.
Should the Home Owners' 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 Owners' 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 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
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 22
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 maybe fixed through public
hearings for service or 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, a notice of such failure may be given to the lot owners by the City
Engineer. If not corrected within the period indicated on said notice,the City has the right to
correct the maintenance failure, or have it corrected, at the expense of the lot owners.
The City of Spokane Valley is responsible for maintaining the stormwater facilities located
within the public ROW as shown in the final plat documents. Maintenance shall include
cleaning the structures,pipes, and drywells."
SPOKANE COUNTY DIVISION OF UTILITIES:
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 23
22. The following note shall be placed on the face of the final plat: "Public sewers shall be
constructed to provide for the connection of each parcel to the County's system of sewerage.
Uses on properties within the project shall be required to connect to the sewer and pay applicable
charges per the County Sewer Ordinance. Sewer connection permits shall be required."
23. Public Sanitary Sewer easement shall be shown on the face of the plat and the final plat
shall contain the following note: "The perpetual easement granted to Spokane County, its'
successors and assigns is for the sole purpose of constructing, installing, operating,maintaining,
repairing, altering, replacing, removing, and all other uses or purposes which are or may be
related to a sewer system. Spokane County, it's successors and assigns at all times hereinafter, at
their own cost and expense, may remove all crops,brush, grass or trees that may interfere with
the constructing, installing, operating,maintaining, repairing, altering, replacing, removing and
all other uses or purposes which are may be related to a sewer system. The grantor(s)reserves
the right to use and enjoy that property which is the subject of this easement for purposes which
will not interfere with the County's full enjoyment of the rights hereby granted;provided, the
Grantor(s) shall not erect or construct any building or other structure or drill on the easement, or
diminish or substantially add to the ground cover over the easement. The easement described
hereinabove is to and shall run with the land."
24. The applicant shall submit expressly to 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. Commercial developments shall
submit historical and or estimated water usage as part of the sewer plan submittal.
25. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the project.
26. 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
form acceptable to the Division of Utilities and in accordance with the Spokane County Sanitary
Sewer Ordinance.
27. Security will be submitted to the Division of Utilities prior to approval of the Sewer Design
Plans.
28. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE REGIONAL HEALTH DISTRICT:
29. The applicant shall present evidence to the Spokane Regional Health District that the plat
lies within the recorded service area of the water system proposed to serve the plat.
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 24
30. 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.
31. 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.
32. 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.
33. A public sewer system shall be made available for the project and individual service shall
be provided to each lot prior to sale. Use of individual on-site sewage systems shall not be
authorized.
34. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
35. Submit to the Spokane Valley Current Planning Division written approval by applicable
public and private utility companies of easements indicated on the face of the final plat.
36. Submit a final plat containing the following note on the face of the final plat: "A public
sewer system shall be made available for the plat and individual service shall be provided to each
lot prior to sale. Use of individual on-site sewage disposal systems shall not be authorized."
37. Submit a final plat containing the following note on the face of the final plat: "Use of
private wells and water systems is prohibited."
38. Submit a final plat containing the following note: "The public water system,pursuant to
the Water Plan approved by Regional and State heath authorities, the local fire protection
district, the City Building Division and water purveyor, shall be installed within this
subdivision and the applicant shall provided for individual domestic water service as well as
fire protection to each lot prior to sale of each lot and prior to issuance of a building permit for
each lot."
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 25
39. Submit prior to the finalization of the project sewer plans acceptable to the Division of
Utilities.
40. Submit prior to the issuance of the sewer connection permit sewer plans acceptable to the
Division of Utilities.
SPOKANE VALLEY BUILDING DIVISION:
41. Pursuant to Section 902.2.1 (Fire Apparatus Access) of the Uniform Fire Code,private
driveways are defined as access roads. A private driveway is identified as a road that does not
serve more than 3 parcels. All private roadways shall be constructed in substantial conformance
with applicable City standards.
42. Driveway approaches shall be subject to conformance with the City road standards
SPOKANE COUNTY FIRE DISTRICT NO. 1:
43. Submit a final plat specifying the name of the eastern north/south road to be Arties.
44. Submit a final plat proposing a name for the western north/south road.
45. Submit a final plat specifying the name of the east/west street to be 1St Avenue.
46. The installation of a new fire hydrant shall be placed at the corner of 1st Avenue and Arties.
AVISTA UTILITIES:
47. Submit a final plat specifying a ten(10) foot wide utility easement along the west property
line of Lots 21, 22, and 23.
48. Include the word"utilities"in the twenty(20) foot private driveway and turnaround
easement to serve Lots, 10, 11, 12, 13, and 14.
49. 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:
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 26
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. Permits shall be required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
5. Submitted engineering plans pertaining to stormwater drainage shall specify the location,
numeric or alphabetical reference, size (in square feet) and any other intended uses of easements
or tracts for drainage purposes.
6. A Temporary Erosion and Sedimentations Control (TESC)plan,prepared by a Washington
State licensed Professional Engineer, shall be prepared and submitted for review and approval to
the City of Spokane Valley Public Works Department with the site construction plans. The
TESC plan shall be follow the 1998 Spokane County Guidelines for Stormwater Management
adopted by the City of Spokane Valley.
7. The Temporary Erosion and Sedimentations Control(TESC)plan shall be implemented
throughout the duration of any construction. The TESC structures (such as silt ponds, silt traps)
shall be installed prior to the start of site work, and the TESC measures shall be implemented and
maintained throughout the duration of construction and until the site has stabilized and is
approved by the City of Spokane Valley.
8. 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.
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 27
9. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed Washington State Professional Engineer/Land Surveyor, who
shall furnish the City Engineer with"Record Drawing"plans and a certificate in writing that all
improvements were installed to the lines and grades shown on the approved construction plans
and that all disturbed monuments have been replaced. All work is subject to inspection by the
City Engineer or by his staff.
10. 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.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
11. 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.
12. 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.
13. Debris generated as a result of this project shall be disposed of by means other than
burning.
14. If objectionable odors result from this project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
15. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
16. 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.
17. 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.
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 28
DATED this 16th day of July, 2004
CITY HEARING EXAMINER PRO TEM
or
Micha- C. Dempsey, WSBA#8 if
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 July 16, 2004. THE APPEAL CLOSING DATE IS JULY 30,
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 Department of Community Development, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, WA. Copies of the documents in the
record will be made available at the cost set by City of Spokane Valley Ordinance.
Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision REZ-04-04/SUB-03-04/PUD-02-04 Page 29