REZ-03-04SUB-02-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for Zone Reclassification from )
UR-3.5 (UR-3.5) Zone to UR-7 (UR-7) ) FINDINGS OF FACT,
Zone, and for a Preliminary Plat; ) CONCLUSIONS OF LAW,
Applicant: Diamond Rock Construction ) AND DECISION
File No. REZ-03-04/SUB-02-04 )
This matter coming on for public hearing on April 15, 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 seeks approval of a zone reclassification from the Urban
Residential-3.5 (UR-3.5) zone to the Urban Residential-7 (UR-7) zone, on 2.07 acres of land; and
an associated preliminary plat to subdivide such acreage into ten(10) divided duplex lots.
2. The site is located along the east side of University Road, approximately 260 feet north of its
intersection with 12th Avenue; in the SW 1/4 of Section 21, Township 25 North, Range 44 East,
Willamette Meridian, Spokane County, Washington. The site is addressed at 1025, 1029 and 1033
South University Road, Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45213.9048,
45213.9050 and 45213.9054. The subject property is legally described on the preliminary plat
submitted by the applicant on February 2, 2004.
4. The applicant for the proposal is Diamond Rock Construction, c/o Dennis Crapo, 15321 E.
Mission Avenue, Spokane Valley, WA 99037.
5. On February 2, 2004, the applicant submitted complete applications for a zone
reclassification and preliminary plat to the City Department of Community Development in File
No. REZ-03-04/SUB-02-04.
6. On March 26, 2004, the Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not appealed.
7. The Hearing Examiner conducted a site visit on April 15, 2004, and conducted a public
hearing on the proposal on April 15, 2004. The requirements for notice of public hearing were
met.
8. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 03-057, as
amended by City Ordinance Nos. 03-081 and 04-012, and the City Hearing Examiner Rules of
Procedure.
HE Findings, Conclusions and Decision REZ-03-04/SUB-02-04 Page 1
9. The following persons testified at the public hearing held on April 15, 2004:
Micki Harnois, Associate Planner 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
Sandra Raskell Todd Whipple
Traffic Engineering 15723 E. 20th Avenue
City of Spokane Valley Spokane Valley, WA 99037
11707 E Sprague Ave Ste 106
Spokane Valley,WA 99206-6124
Tom Vandervert Howard Galberth
CLC Associates 10905 E. 11th Lane
12730 E Mirabeau Parkway Ste 100 Spokane Valley, WA 99206-5534
Spokane Valley, WA 99216-1455
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code, City
Zoning Map for the vicinity, City Subdivision Ordinance, 2001 City Standards for Road and Sewer
Construction, City Guidelines for Stormwater Management, City Code, other applicable
development regulations, and prior land use decisions in the vicinity.
11. The record includes the documents in File No. REZ-03-04/SUB-02-04 at the time of the
public hearing held on April 15, 2004, the documents and testimony submitted at the public
hearing, and the items taken notice of by the Hearing Examiner.
12. The site is 2.07 acres in size and is relatively flat in topography. Three (3) duplexes are
respectively under construction on the three parcels making up the site, one in the west end of the
site, one in the middle of the property and one in the east end of the site. A fence is located along
the perimeter of the property.
13. The preliminary plat map illustrates division of the site into 10 lots for divided duplexes, for
a total of 10 two-family dwelling units. This includes the three (3) duplexes currently under
construction. Two (2) common open space tracts would also be created; Tract A in the west end
of the site, consisting of 4,747 square feet, and Tract B along the north border of the site,
consisting of 3,853 square feet and having a width of only seven(7) feet.
14. Lots 1-8 in the preliminary plat range from 6,298 square feet to 6,303 square feet in size; and
have widths and frontages of 45 feet, except for Lot 8,which is 47 feet wide. Lot 9 and 10 are
respectively 9,621 square feet and 9,203 square feet in size.
15. Access to the 10 lots in the preliminary plat would be provided by a private road constructed
in the north end of the perimeter, immediately south of Tract B. The private road is shown with a
hammerhead turnaround at its east end. The preliminary plat illustrates an existing off-site
HE Findings, Conclusions and Decision REZ-03-04/SUB-02-04 Page 2
driveway easement, north of and adjacent to Lot 10 in the preliminary plat, connecting to 11th
Court. However, the preliminary plat shows a sight-obscuring fence constructed along the north
boundary of such lot adjacent to the driveway, and the record indicates that access to Lot 10 is not
planned via the off-site driveway easement.
16. The density(net) of the preliminary plat is 5.6 dwelling units per acre, which is less than the
maximum density permitted in the UR-7 zone of six (6) dwelling units per acre
17. Effective January 1, 1991,Spokane County reclassified the zoning of the site from its zoning
under the now expired County Zoning Ordinance to the UR-3.5 zone,pursuant to the Program to
Implement the Spokane County Zoning Code. See County Resolution No. 85-0900.
18. Effective January 15, 2002, Spokane County implemented a new comprehensive plan, Urban
Growth Area(UGA)boundaries and Phase I Development Regulations,pursuant to the GMA.
See County Resolution Nos. 2-0037 and 2-0470. The County Phase I Development Regulations
designated the site and neighboring land in the UGA.
19. The County Comprehensive Plan designated the site and land lying south of Eighth Avenue
in the area in the Low Density Residential category of the County Comprehensive Plan; and
generally designated the land lying north of Eighth Avenue in the Urban Activity Center category.
20. The County Phase I Development Regulations retained the existing zoning of the site and
neighboring properties. The land surrounding the site is zoned UR-3.5 and developed with single-
family homes, except for some scattered duplexes and UR-7 zoning.
21. On March 31, 2003, the site and area were incorporated into the City of Spokane Valley.
Upon incorporation, the City adopted the County Comprehensive Plan, County Zoning Code,
County official zoning maps, County Phase I Development Regulations and other County
development regulations by reference, with certain revisions.
22. The City Comprehensive Plan and City Phase I Development Regulations, respectively,
retained the comprehensive plan designations and zone classifications imposed by the County
Comprehensive Plan and Phase I Development Regulations. The site is located inside the Aquifer
Sensitive Area(ASA) Overlay zone designated by the City Zoning Code.
23. The City Arterial Road Plan designates University Road as an Urban Principal Arterial, and
designates Eighth Avenue to the north as an Urban Minor Arterial. 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. The other
roads in the vicinity are considered Urban Local Access roads.
24. 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 one-fourth
(1/4) miles of the site.
HE Findings, Conclusions and Decision REZ-03-04/SUB-02-04 Page 3
25. Five (5) owners of neighboring single-family residences expressed opposition to the
preliminary plat. This included two abutting owners, on lots respectively located north and east of
the east end of the site; the owner of a non-abutting lot located north of the east end of the site; and
the owners of non-abutting lots located east of the site along 11th Court.
26. The owner of the single-family home located between the site and University Road, and the
owner of a single-family home located south of the site and 12th Avenue, expressed support for the
proposal.
27. The opponents of the preliminary plat expressed such concerns as density,potential damage
to 11th Court in extending utilities to the preliminary plat, increased traffic and air pollution,
increased crime, increased noise, inadequate fire access, inconsistency of duplex housing with
neighboring single-family homes, lack of maintenance of proposed duplexes if rented, need for
privacy fencing, and other concerns.
28. The Phase I Development Regulations require all zone reclassifications to be consistent with
the implementing zones specified in such regulations for the Comprehensive Plan designations
that apply to the subject property. The implementing zones for the Low Density Residential
category, in which the site is designated, are the UR-3.5 and UR-7 zones. The proposed rezone of
the site to the UR-7 zone implements the Low Density Residential category of the Comprehensive
Plan.
29. The UR-3.5 zone, which currently applies to the site, is intended to promote areas of
primarily single-family residences in an urbanized neighborhood setting. Such zone permits
single-family homes, duplexes and certain other uses. The UR-3.5 zone permits a maximum
residential density of 4.35 dwelling units per acres. The minimum frontage for both single-family
dwellings and duplex dwellings in the UR-3.5 zone is 80 feet, and the minimum lot size for both
use types is 10,000 square feet.
30. 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.
31. 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 LTR-7 zone otherwise
permits a density of seven(7) dwelling units per acre. The minimum lot area in the UR-7 zone is
6,000 square feet for a single-family dwelling, and 11,000 square feet for a duplex dwelling. The
minimum frontage in the UR-7 zone is 65 feet for a single-family dwelling and 90 feet for a
duplex dwelling.
32. The Duplex Division chapter of the City Zoning Code permits a duplex, and the lot on which
it is constructed, to be divided, in order to allow separate ownership of each unit and associated
divided lot created. The stated purpose of the chapter is to promote fill-in development,provide
HE Findings, Conclusions and Decision REZ-03-04/SUB-02-04 Page 4
affordable housing and allow for a variety of housing types and lifestyles. See Zoning Code
Chapter 14.818.
33. Under the Duplex Division chapter of the City Zoning Code, the lot to be divided must meet
all the standards and regulations of the underlying zone that allows such divisions prior to the lot
being divided. The lot must be divided to create as nearly as possible equal lineal road frontage
and a division of the yard area for the duplex. The chapter imposes other development standards
that must be met before a duplex division may be approved.
34. The proposed lots in the preliminary plat, as conditioned, comply with the divided duplex
standards set forth in Zoning Code Chapter 14.818.
35. Policy UL.8.1 and Goal UL.8 of the Comprehensive Plan recommend the creation of urban
areas with a variety and mix of housing types and prices in residential areas. Policy UL.9.1 of the
Comprehensive Plan recommends that residential densities in the Low Density Residential
category of the Comprehensive Plan range from 1-6 dwelling units per acre. Policy UL.9.2
recommends that the 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. The proposed
rezone and preliminary plat for divided duplexes implement such policies.
36. The UR-7 zone requires the installation of a 6-foot high, sight-obscuring fence,wall or solid
landscaping adjacent to land zoned UR-3.5, except adjacent to a public road or alley. Such
screening will help buffer the adjoining single-family homes, and an abutting duplex to the south,
from the increased density of residential units on the site.
37. The screening required along the north property line, together with Tract B, will help buffer
the single-family lots located to the north from the private road in the preliminary plat. An
existing duplex is already under construction in the east end of the site, nearest the opponents of
the preliminary plat. The new duplexes are located in the interior of the proposal.
38. The location of the site along an Urban Principal Arterial, in a developed urban area with
direct access to public transit, makes the site a logical choice for UR-7 zoning and higher housing
densities.
39. City Zoning Code 14.806.040 (2)(a) requires the installation of 20 feet of Type III
landscaping along adjacent public streets within all developments "in the multiple family
residential zones (UR-7, UR-12 and UR-22)". Because of the somewhat ambiguous reference to
"multiple family" in such standard, the Examiner in the past has not enforced this standard for
single-family residential development in the UR-7 zone, and has authorized some deviation from
the standard for duplex divisions in the UR-7 zone.
40. A reasonable deviation from the landscaping standard in City Zoning Code 14.806.040
(2)(a), would be to require the applicant to install only five (5) feet of Type 5 landscaping along
University Road. City Department of Community Development recommended such reduction in
landscaping at the public hearing.
HE Findings, Conclusions and Decision REZ-03-04/SUB-02-04 Page 5
41. The proposed rezone and preliminary plat implement other pertinent policies of the
Comprehensive Plan, as set forth in the Staff Report.
42. The applicant submitted a trip distribution analysis for the proposal prepared by a consulting
engineer. The analysis indicates that the proposal is unlikely to have any significant adverse
impact on the transportation system in the area. City Engineering indicated that the transportation
concurrency requirements of the City Phase I Development Regulations were met for the proposal.
43. Model Irrigation District No. 18 certified the availability of public water service to serve the
subject preliminary plat, and County Utilities certified the availability of public sewer. The
subject application meets the sewer and water concurrency requirements of the City's Phase I
Development Regulations.
44. The City Phase I Development Regulations do not require direct concurrency for schools,
parks, police or fire protection. Central Valley School District was contacted regarding the
project, but did not submit any comments.
45. The applicant indicated that the duplex units would be marketed as single-family homes.
Even if the duplexes are rented, there is no competent evidence that this would increase crime in
the area, or have any significant adverse impact on property values in the area.
46. The record indicates that the applicant agreed to oversize the public water line to be
constructed in the private road, at the request of the water purveyor, to enhance water service for
the residents in the Parc Center plat located to the east. The actions by Avista Utilities to make
improvements to the underground electrical utilities in the Parc Center plat are unrelated to the
current proposal.
47. Spokane County Fire District 1 conditions of approval require the applicant to install a new
fire hydrant at the entrance to the private road and University Road, and did not object to the fire
access into the preliminary plat.
48. The Examiner concurs with the analysis in the Staff Report finding the preliminary plat and
rezone to be consistent with the Comprehensive Plan and applicable development regulations.
49. In accordance with the City Subdivision Ordinance, the design, shape, size and orientation of
lots in the preliminary plat are appropriate for the proposed use of such lots, and the character of
the area in which the lots are located. Block dimensions reflect due regard for the needs of
convenient access,public safety, emergency vehicle access, topography, road maintenance and
provision of suitable sites for the proposed use. Road alignments in the proposal are designed with
appropriate consideration for existing and planned roads, anticipated traffic patterns, topographic
and drainage conditions, safety and the proposed use of the site.
50. 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.
HE Findings, Conclusions and Decision REZ-03-04/SUB-02-04 Page 6
51. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare.
52. The proposal has been conditioned for compliance with the UR-7 zone, the County Zoning
Code, the County Subdivision Ordinance, and other applicable development regulations. No
deficiencies with regard to the compliance of the proposal, as conditioned, with applicable
development regulations have been established in the record.
53. Significant changes have occurred in the area since the zoning of the site was reclassified to
the UR-3.5 zone in 1991. This includes the extension of public sewer to the area, adoption of the
Comprehensive Plan and the Phase I Development Regulations, the approval of a UR-7 zone in
1996 for two lots located north of the site (see County decision in File No. ZE-1-96), the widening
of University Road, and increased urbanization of the area.
Based on the above findings of fact, the Hearing Examiner enters the following:
II. CONCLUSIONS OF LAW
1. The proposed preliminary plat and zone reclassification to the UR-7 zone, as conditioned,
generally conform to the Comprehensive Plan.
2. The preliminary plat and dedication will serve the public use and interest; and make
appropriate provision for the public health, safety and general welfare.
3. The preliminary plat and dedication make appropriate provision for open spaces, roads,
drainage ways, schools and school grounds,playgrounds, parks and recreation, sidewalks for
children who walk only to school, non-motorized transportation, sanitary wastes, potable water
supplies, easements, utilities, planning features, and all other relevant facts as specified in RCW
58.17.110 and the City Subdivision Ordinance.
4. The proposed subdivision meets the general design requirements specified in Section
12.400.122 of the City Subdivision Ordinance, and other requirements for the approval of
preliminary plats listed in chapter 12.400 of such ordinance.
5. The proposed rezone bears a substantial relationship, and will not be detrimental, to the
public health, safety or welfare.
6. A change in economic, technological, or land use conditions has occurred to warrant the
proposed rezone, and a substantial change of circumstances has occurred in the area since the site
was last zoned.
7. The procedural requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met. The proposal, as conditioned, will not have a
significant, probable adverse impact on the environment.
HE Findings, Conclusions and Decision REZ-03-04/SUB-02-04 Page 7
8. The proposal, as conditioned, complies with the UR-7 zone, the Duplex Division chapter of
the City Zoning Code, the Aquifer Sensitive Overlay zone, other applicable provisions of the City
Zoning Code, and other applicable development regulations.
9. Approval of the zone reclassification is appropriate under Chapter 14.402.020 of the City
Zoning Code, and under City Ordinance No. 03-57, as modified by Ordinance Nos. 03-081 and
04-012.
III. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject applications for a
preliminary plat and zone reclassification are hereby approved, subject to the conditions of the
various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
Failure to comply with the conditions of this approval may result in revocation of this
approval by the Hearing Examiner. This approval does not waive the applicant's obligation to
comply with all other requirements of other public agencies with jurisdiction over land
development.
Pursuant to City Ordinance No. 04-012, if a timely appeal of the rezone approval is not
filed with the City Council, the City Manager or designee shall modify the official zoning map of
the City according to the Examiner's decision; which action shall be considered the final
legislative action of the City Council and an"official control" of the City.
CONDITIONS OF APPROVAL:
A. General conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. The maximum net residential density for the residential portion of the preliminary plat shall
not exceed six (6) dwelling units per acre.
2. The number of dwelling units in the divided duplex preliminary plat residential plat shall not
exceed ten (10) dwelling units.
3. Pursuant to Section 12.100.116 (Expiration of Approval) of the City Subdivision Ordinance,
the preliminary plat approval shall automatically expire five (5)years from the date of approval of
the preliminary plat approval, and the preliminary plat be null and void, unless an application for a
time extension is timely submitted by the applicant and approved by the City.
HE Findings, Conclusions and Decision REZ-03-04/SUB-02-04 Page 8
4. Pursuant to Section 12.100.118 (Extensions of Time) of the City Subdivision Ordinance, an
application form and supporting data for time extension requests must be submitted to the Director
of the Department of Community Development or designee at least thirty(30) calendar days prior
to the expiration of the preliminary plat approval on April 30, 2009.
5. Pursuant to Section 12.100.120 (Modifications) of the City 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.
6. Pursuant to Section 12.100.130 (Enforcement) of the City 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.
7. Pursuant to Section 12.400.132 (Utilities) of the City 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 gross density of the preliminary plat is 4.83 dwelling units per acre; therefore the
proposal shall comply with Section 12.400.132. If the applicant or successors in interest desire the
Director to waive the underground utilities 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.
8. Pursuant to Section 12.400.132 of the City Subdivision Ordinance, all utilities within the plat
shall be installed underground.
9. Except where noted in conditions of approval, the proposal shall comply with the provisions
of Chapter 14.618 (Urban Residential-7) of the City Zoning Code.
10. 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. Due to the ambiguous language of such section, the
applicant shall be only be required to install five (5)feet of Type III landscaping along
University Road.
11. The dedicatory language for the divided duplex subdivision shall contain language, or
make reference to documentation containing language, which shall be recorded with the Spokane
Auditor's Office, governing the easements for ingress/egress, utilities, drainage, as well as
obligations governing maintenance,repairs or additions to either dwelling unit comprising the
duplex. The dedicatory language or documentation shall also provide that it shall not be
HE Findings, Conclusions and Decision REZ-03-04/SUB-02-04 Page 9
amended except with prior approval of the Community Development Depattrnent. The
dedicatory language or documentation shall contain a statement that, in the event it is necessary
to replace more than fifty percent (50%) of either dwelling unit comprising the duplex for any
reason whatsoever, including but not necessarily limited to fire, explosion or other destructive
forces, said dwelling unit shall be rebuilt or restored as a duplex.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
12. The permittee is responsible for arranging for all necessary utility adjustments, relocations or
improvements as required for completion of the project. The developer needs to contact the
purveyors of each affected utility regarding private service, utility improvement, and any relocation
and adjustment costs. All utilities shall be located out of the clear zone. These clear zone
requirements can be found in the Spokane County Road and Sewer Standards.
13. Prior to construction plan acceptance by the City of Spokane Valley Public Works
Department, the applicant 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 require and
maintenance schedules, calculated annual costs for repair and maintenance, and calculated
replacement costs for each component of the systems. The manual shall specify the recommended
individual monthly homeowner financial assessment to accomplish the identified maintenance and
replacement tasks.
SPOKANE REGIONAL HEALTH DISTRICT:
14. Water service shall be coordinated through the Director of Utilities, Spokane County.
15. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
16. The sewage disposal method shall be authorized by the Director of Utilities, Spokane
County.
B. Prior to final plat approval, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. Comply with the duplex division requirements set forth in Chapter 14.818 of the City Zoning
Code.
2. Comply with the development standards of the UR-7 zone.
3. Pursuant to Section 12.400.124 (Roads) of the City Subdivision Ordinance, improve or make
appropriate provisions for the construction of required public and private roads consistent with the
City of Spokane Valley's Interim Standards for Road and Sewer Construction, as amended.
HE Findings, Conclusions and Decision REZ-03-04/SUB-02-04 Page 10
4. Pursuant to Section 12.400.126 (Sewage Disposal) of the City Subdivision Ordinance,
construct or make appropriate provisions for the construction of required public sewer
improvements.
5. Pursuant to Section 12.400.128 (Water Supply) of the City Subdivision Ordinance, construct
or make appropriate provisions for the construction of required public water improvements.
6. Pursuant to Section 12.400.130 (Stormwater Runoff) of the City Subdivision Ordinance,
construct or make appropriate provisions for the management of stormwater runoff.
7. Pursuant to Section 12.400.132 (Utilities) of the City Subdivision Ordinance, submit a final
plat specifying easements inclusive of location and width for electric, water, sewer, gas and similar
utilities.
8. Pursuant to Section 12.400.134 (Professional Land Surveyor) of the City 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-332-130), and the City of
Spokane Valley's Interim Standards for Road and Sewer Construction, as amended.
9. The submitted final short 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
City Subdivision Ordinance.
10. Pursuant to Section 12.400.144 (Filing) of the City Subdivision Ordinance, the City of
Spokane Valley shall, upon receipt of all required signatures on the face of the plat, record with
the Spokane County Auditor's Office the final plat;,provided that, also pursuant to such 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) establish monumentation, as required by
the City of Spokane Valley Standards for Road and Sewer Construction, as amended.
12. Pursuant to Section 12.400.138 (Monumentation) of the City 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 zone
or successor zoning designation in effect at the time of building permit application."
HE Findings, Conclusions and Decision REZ-03-04/SUB-02-04 Page 11
14. Submit a final plat specifying the provision of a minimum five (5)foot wide Type III Visual
Buffers along the street frontage abutting University Road.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
15. 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 road and associated facilities.
SPOKANE COUNTY DIVISION OF UTILITIES:
16. Submit a final plat containing the following note on the face of the final plat: "Public sewers
shall be constructed to provide for the connection of each parcel to the County's system of
sewerage. Uses on properties within the project shall be required to connect to the sewer and pay
applicable charges per the County Sewer Ordinance. Sewer connection permits shall be required."
17. As per the City Phase One Development Regulations, a wet(live) sewer connection to the
area-wide Public Sewer System is to be constructed. A sewer connection permit is required.
18. 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.
19. Security will be submitted to the Division of Utilities prior to approval of the Sewer Design
Plans.
SPOKANE REGIONAL HEALTH DISTRICT:
20. 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.
21. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection 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.
22. The purveyor will certify prior to the filing of the final plat on a copy of said water plan that
appropriate contractual arrangements have been made with the plat sponsor for construction of the
water system, in accordance with the approved plan and schedule. The time schedule will provide,
in any case, for completion of the water system and inspection by the appropriate health authorities
prior to application for building permits within said plat. The contractual arrangement will include
a provision holding the City of Spokane Valley Public Works Department, Spokane Regional
HE Findings, Conclusions and Decision REZ-03-04/SUB-02-04 Page 12
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.
23. 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.
24. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
25. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the City Current Planning Division to the utility companies, City 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.
26. A statement shall placed in the dedication to the effect that: "A public sewer system shall be
made available for the plat and individual service shall be provided to each lot prior to sale. The
use of individual on-site sewage disposal systems shall not be authorized."
27. The dedicatory language on the plat shall state: "The use of private wells and water systems
is prohibited."
28. 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."
SPOKANE VALLEY FIRE DEPARTMENT:
29. A new fire hydrant shall be installed at the entrance of the private road and University Road.
30. The private road in the preliminary plat should be named 11th Lane.
AVISTA UTILITII;5:
31. A ten(10)-foot-wide easement strip shall be dedicated along University Road for an existing
overhead distribution line.
32. The following dedication language shall appear on 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
HE Findings, Conclusions and Decision REZ-03-04/SUB-02-04 Page 13
and to prohibit structures that may interfere with the construction, reconstruction,reliability,
maintenance, and safe operation of same."
C. Prior to or during on-site construction the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. To reduce noise impacts to the surrounding properties resulting from construction, hours of
on-site construction shall be authorized as follows: 1)between 7:00 a.m. and 7:00 p.m. Monday
through Friday, 2)between 8:00 a.m. to 5:00 p.m. on Saturday, and 3) no construction allowed on
Sunday. Prior to on-site construction, the developer and contractor(s) shall submit notarized
letters agreeing to observe the specified hours of construction.
2. Upon any discovery of potential or known archaeological resources at the subject property
prior to or during on-site construction, the developer, contractor, and/or any other parties involved
in construction shall immediately cease all on-site construction, shall act to protect the potential or
known historical and cultural resources area from outside intrusion, and shall notify,within a
maximum period of twenty-fours from the time of discovery, the City of Spokane Valley
Community Development Department of said discovery.
3. During any and all on-site construction, the proposal shall control and limit all on-site dust,
pursuant to applicable SCAPCA regulations pertaining to construction methods and construction
vehicles.
4. Submit a landscape plan pursuant to the requirements of Section 14.806.100 (Landscaping
Plan Requirements) of the City Zoning Code for the street frontages abutting the residential
portion of the plat for City review and approval
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
5. 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.
6. Permits shall be required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
7. A Temporary Erosion and Sedimentations Control (TESC)plan,prepared by a Washington
State licensed Professional Engineer, shall be prepared and with the site construction plans. The
TESC plan is to follow 1998 Spokane County Guidelines for Stormwater Management. The
TESC structures (such as silt ponds, silt traps) are to be installed prior to the start of site work, and
the TESC measures are to be implemented and maintained throughout the duration of construction
and until the site has stabilized.
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8. Construction of the proposed improvements shall be performed under the direct supervision
of a licensed Washington State Professional Engineer/Land Surveyor,who shall furnish the City
Engineer with"Record Drawing"plans and a certificate in writing that all improvements were
installed to the lines and grades shown on the approved construction plans and that all disturbed
monuments have been replaced. All work is subject to inspection by the City Engineer or by his
staff.
SPOKANE COUNTY DIVISION OF UTILITIES:
9. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the project.
10. 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.
11. Any water service for the project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
12. 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.
13. 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.
14. Debris generated as a result of this project shall be disposed of by means other than burning.
15. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
16. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
17. 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.
18. 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
HE Findings, Conclusions and Decision REZ-03-04/SUB-02-04 Page 15
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 30th day of April, 2004
CITY HEARING EXAMINER PRO TEM
Michael C. Dempsey, WSBA
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 57, the decision of the Hearing Examiner
on a combined application for a zone reclassification and preliminary plat is final and conclusive
unless within fourteen (14) calendar days from the Examiner's written decision, a party of record
aggrieved by such decision files an appeal with the City Council of the City of Spokane Valley,
City Hall, 11707 E. Sprague Avenue, in Spokane Valley, Washington.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on April 30, 2004. THE APPEAL CLOSING DATE IS MAY 14, 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 maybe inspected at
the City of Spokane Valley Department of Community Development, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, Washington. Copies of the documents in
the record will be made available at the cost set by City of Spokane Valley Ordinance.
Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
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