REZ-01-04PUD-01-04SUB-01-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Rezone Reclassification from )
the Urban Residential-3.5 (UR-3.5) Zone to )
the Urban Residential-7 (UR-7) Zone, ) FINDINGS OF FACT,
Preliminary Plat of Park Place, and Planned ) CONCLUSIONS OF LAW,
Unit Development(PUD) Overlay; ) AND DECISION
Applicant: Mark Doerfler )
File No. REZ-01-04/SUB-01-04/PUD-01-04 )
This matter coming on for public hearing on April 22, 2004, the Hearing Examiner, after
review of the subject applications and the entire record, and finding good cause therefore, hereby
makes the following findings of fact, conclusions of law and decision:
I. FINDINGS OF FACT
1. The subject applications seek approval of a zone reclassification from the Urban
Residential-3.5 (UR-3.5) zone to the Urban Residential-7 (UR-7) zone on 4.96 acres of land, a
preliminary plat to divide such acreage into 24 lots for single-family dwellings, and a Planned
Unit Development (PUD) Overlay zone for such acreage.
2. The site is located south of and adjacent to Eighth Avenue, approximately 650 feet west of
the intersection of Eighth Avenue and Evergreen Road; in the SE 1/4 of Section 22, Township 25
North, Range 44 East, Willamette Meridian, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45224.0531 and
45224.0532. The subject property is legally described on the preliminary plat map of record
submitted on April 9, 2004.
4. The applicant for the proposal and the site owner is Mark Doerfler, 325 South Simonsen,
Post Falls, Idaho 83854.
5. On January 8, 2004, the applicant submitted applications for a preliminary plat, zone
reclassification and PUD Overlay zone in the above-referenced file. On April 9, 2004, the
applicant submitted revised plan sheets for the preliminary plat map,preliminary PUD site
development plan, conceptual landscape plan, and site plan for the zone reclassification.
6. On March 29, 2004, the Spokane Valley Department of Community Development issued a
Mitigated Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not
appealed.
7. The Examiner conducted a site visit on April 21, 2004. On April 22, 2004, the Hearing
Examiner held a public hearing on the proposal. The notice requirements for the public hearing
were met.
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8. The Examiner heard the proposal pursuant to City Ordinance No. 03-057, as amended by
City Ordinance Nos. 03-081 and 04-012; and pursuant to the City Hearing Examiner Rules of
Procedure.
9. The following persons testified at the public hearing:
Kevin Snyder, Manager Sandra Raskell, Traffic Engineering
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
Don Ramsey Brad Marshall
Traffic Engineering Adams and Clark
City of Spokane Valley 1720 W. 4th Avenue
11707 E Sprague Ave Ste 106 Spokane, WA 99204
Spokane Valley, WA 99206-6124
Elizabeth Sexton Richard Payne
623 S. Blake Rd. 13119 E. 8th Ave.
Spokane Valley, WA 99216 Spokane Valley, WA 99216
Jack Garrison Robert Doidge
14605 E. 8th Ave. 708 S Mamer Rd
Spokane Valley, WA 99037-9674 Spokane Valley, WA 99216-0633
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Capital Facilities
Plan, City Zoning Code, City Subdivision Ordinance, City 2001 Standards for Road and Sewer
Construction, other applicable development regulations, and prior land use decisions in the
vicinity.
11. The record 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.
12. The site is 4.96 acres in size and relatively flat in topography, with a maximum slope of
5%. A single-family residence and associated outbuildings are located in the northeast corner of
the site, accessing Eighth Avenue. A row of evergreen trees and brick posts are found north of
such improvements near Eighth Avenue. Vegetative cover on the site includes deciduous and
evergreen trees, shrubs and grasses. A nonconforming boat repair business was previously
operated out of the large pole building on the site.
13. The preliminary plat map illustrates division of the site into 24 lots for single-family
dwellings, and a common open space tract of.54 acres that lies between the site borders and the
proposed lots. Internal access would be provided by a private road with a right of way width of
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28 feet, a 23-foot wide paved surface, curbs on both sides of the road, and a 5-foot wide
pedestrian walkway along one side of the road. The private road would be extended south from
Eighth Avenue, and terminate in a cul-de-sac located near the south border of the site.
14. The four(4) lots shown abutting the cul-de-sac in the south end of the preliminary plat
range in size from 5,073 square feet to 5,114 square feet. The remaining lots in the preliminary
plat range in size from 6,031 square feet to 6,724 square feet. Lot frontages in the preliminary
plat are 50 feet, with no lots directly accessing onto Eighth Avenue. The proposed setbacks do
not deviate from the standard setbacks established in the UR-7 zone.
15. The preliminary plat map illustrates the dedication of 19 feet of the site along its south
border, as right of way for 10th Avenue, and the dedication of one (1) foot of the site along its
north border, as right of way for Eighth Avenue. The preliminary plat map illustrates 20 feet of
Type III landscaping along the north border of the site adjacent to Eighth Avenue. The existing
improvements on the site would be removed for development of the preliminary plat, which
would be developed in one phase.
16. The preliminary PUD site development plan("PUD plan") illustrates a 6-foot high, sight-
obscuring fence along the east and south borders of the site, and in the north and south ends of
the site between the proposed lots and the site borders. The PUD plan also shows a 3-foot tall
fence located along the rear yards of the proposed lots, and along the exterior side yard of the
corner lots in the preliminary plat; and a meandering walking/jogging pathway located in the
common area that is approximately.5 mile long.
17. The PUD plan illustrates a single-story, single-family residence as a typical dwelling unit in
the development. The conceptual landscape plan illustrates the planting of mature street trees
along the private road; the planting of additional mature trees, shrubs and grass in the common
open space; and lighting for the walking/jogging pathway. A homeowner's association would be
formed to provide maintenance of the private road and common open space in the preliminary
plat.
18. The density(net) of the preliminary plat is 5.6 dwelling units per acre. The density(net) of
the preliminary plat listed on the preliminary plat map of 5.73 dwelling units per acre is incorrect.
19. Effective January 1, 1991, the zoning of the site and neighboring land was reclassified from
its zoning under the now expired County Zoning Ordinance to the UR-3.5 zone under the County
Zoning Code; except for the bulk of the land lying directly west of the site and east of Evergreen
Road, which was reclassified to the UR-7 zone. Such zoning was established pursuant to the
Program to Implement the Spokane County Zoning Code, a countywide rezoning effort. See
County Resolution No. 85-0900.
20. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
capital facilities, Urban Growth Area(UGA)boundaries and Phase I Development Regulations
pursuant to the State Growth Management Act. See County Resolution Nos. 2-0037 and 2-0470.
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21. The County Comprehensive Plan designated the site and neighboring land in the Low
Density Residential category of the Comprehensive Plan. Further to the north,north of Fourth
Avenue, the land is designated in the Medium Density Residential and High Density Residential
category. The County Phase I Development Regulations designated the site and area in the
UGA, and retained the zoning of the site and neighboring properties.
22. On March 31, 2003, the City adopted by reference the County Comprehensive Plan, Capital
Facilities Plan, Subdivision Ordinance, Zoning Code, Phase I Development Regulations, and
other development regulations, with certain revisions. The City retained the zoning of the site
and neighboring land.
23. Neighboring land, except to the south and southeast, is developed with single-family
residences on lots ranging from approximately 10,000 square feet to 14,000 square feet. The
land lying to the south and southeast is divided into larger lots and parcels, some of which are
undeveloped.
24. The land bordering the north side of Fourth Avenue in the area is zoned UR-7 and UR-22,
and includes duplexes and multi-family dwellings, along with single-family homes. Sprague
Avenue, located one-half(1/2)mile to the north, comprises a major transportation and
commercial corridor through the City of Spokane Valley. A fire station is located at the
northeast corner of the intersection of 12th Avenue and Evergreen Road.
25. The City Arterial Road Plan designates Eighth Avenue and McDonald Avenue in the area
as Urban Minor Arterials, Fourth Avenue as an Urban Collector Arterial, and Evergreen Road
and Sprague Avenue as Urban Principal Arterials.
26. The City is in the process of widening Evergreen Road from a 4-lane to a 5-lane section
between Sprague Avenue and Fourth Avenue; and from a 2-lane section to a 3-lane section
between Fourth Avenue and 16th Avenue. New traffic signals are planned at the intersections of
Evergreen Road and Eighth Avenue, and Evergreen Road and 16th Avenue. Evergreen Road
extends north for several miles to a freeway interchange with Interstate 90; and to the adjacent
Spokane Valley Mall, a regional mall within the City limits.
27. Evergreen Road and Eighth Avenue in the vicinity are currently 2-lane paved roads,
without curb or sidewalk, in the vicinity. Tenth Avenue has a right of way width of 50 feet west
of the site, is partially paved between the site and Blake Road, and is fully paved west of Blake
Road. The south half of right of way for Tenth Avenue abuts the east 65 feet of the site on the
south, and is unimproved. The north half of right of way for Tenth Avenue extends east of the
site for approximately 300 feet, and is improved.
28. Public transit is available in Sprague Avenue to the north. The Examiner takes notice that
public transit is also available at Evergreen Road and 16th Avenue, traveling east on 16th Avenue
to Sullivan Road, and north on Sullivan Road to reach Sprague Avenue; and traveling south on
Evergreen Road to reach 32nd Avenue.
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29. Several owners of single-family residences located north, south and east of the site
expressed opposition to the proposal, primarily residents along Eighth Avenue. This included a
total of 60 persons who signed a petition against the proposal, which petition generally stated that
the proposal would have adverse impacts on the community,with increased traffic being one of
the main concerns.
30. Eight (8) owners of neighboring lots submitted letters and/or testified in opposition to the
proposal, two of which lots abut the southwest corner of the site on the west. The concerns
expressed by such owners include density, lot sizes,building heights, narrow frontages and side
yards, inconsistency with the Comprehensive Plan and existing UR-3.5 zoning, fire hazard
created by the proximity of the proposed residences to each other, incompatibility with
neighboring land uses, loss of privacy and views, impacts on property values, traffic congestion
and safety along Eighth Avenue, increased noise and air pollution, adverse impacts on wildlife,
lack of an emergency exit, no proposed fire hydrants, no proposed curb or gutters, lack of access
to 10th Avenue, narrow entrance and internal roadway, failure of internal road to meet City road
standards, low quality housing leading to rentals and increased crime, sight distance at entrance
to preliminary plat, disposal of snow, and other concerns.
31. The Staff Report, and Attachment"A"to the subject preliminary plat application, analyze
the consistency of the proposal with relevant policies of the Comprehensive Plan, the City
Zoning Code and applicable development regulations. The Examiner concurs with such
analyses, as supplemented below.
32. The Phase I Development Regulations require all zone reclassifications to be consistent
with the implementing zone(s) specified in such regulations for the Comprehensive Plan
designation that applies to the particular property. The implementing zones for the Low Density
Residential category that applies to the site are the UR-3.5 and UR-7 zones.
33. The UR-3.5 zone, which currently applies to the site, is intended to promote areas of
primarily single-family residences in an urbanized neighborhood setting. Such zone permits
single-family homes, duplexes and certain other uses. The UR-3.5 zone permits a maximum
residential density of 4.35 dwelling units per acres, with higher densities being authorized
through approval of a PUD Overlay zone.
34. The 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 may be reduced to 50 feet, and the minimum lot size reduced to 6,000 square
feet.
35. 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.
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36. 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.
37. The density(net) of the preliminary plat of 5.6 dwelling units per acre is less than the
maximum residential density of six (6) dwelling units per acre permitted in the UR-7 zone under
the Phase I Development Regulations. The proposed building coverage in the preliminary plat of
approximately 24% is significantly less than the 60%maximum building coverage permitted by
the PUD Overlay zone.
38. The minimum frontages and side yards for the proposed lots are consistent with the
minimum frontage and minimum side yards required in both the UR-3.5 zone and the 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.
39. 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 11.1%.
40. The common open space has a width of 25 feet on the east and west, approximately nine (9)
feet on the south and approximately 21 feet on the north. The proposed residences in the
preliminary plat would be set back approximately 40-78 feet from the north and south borders of
the site, depending on the depth and location of the lot. Such overall setbacks appear comparable
to the rear yard setbacks for the homes on adjacent lots.
41. The environmental checklist for the proposal indicates that the homes in the project would
be primarily 1-story or 2-story in height, have a maximum height of 30 feet,have wood or vinyl
siding, and be marketed to middle incomes. The PUD plan illustrates a single-story residence,
and states that the maximum building height will be 35 feet, which is equivalent to the maximum
building height in the both the UR-3.5 and UR-7 zone.
42. At the public hearing, the applicant testified that the residences built on the site would be
single-story, ranch-style homes with optional basements; marketed in the range of$138,000 to
$160,000, marketed to persons who are age 55 or older; and would not be starter homes or
duplexes.
43. There is no competent evidence in the record of an appraisal nature to support a conclusion
that the project will have any significant adverse impacts on property values in the area. The
preliminary plat is adequately buffered from bordering residences, considering the single-story
design of the residences, the enhanced rear setbacks provided by the common open space, the
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relative length of the lots, the landscaping provided in the common open space, and the sight-
obscuring fencing required along the borders of the site.
44. Policy UL.9.1 of the Comprehensive Plan recommends that residential densities in the Low
Density Residential category of the Comprehensive Plan range from 1-6 dwelling units per acre.
Policy UL.9.2 recommends that the County seek to achieve an average residential density in new
development of at least four(4) dwelling units per acre, through a mix of densities and housing
types. Policy UL.8.1 recommends that mixed-income development be provided for in residential
areas. The proposed rezone implements these policies.
45. 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.
46. The Comprehensive Plan encourages new developments to be arranged in a pattern of
connecting streets and blocks, to allow people to get around easily by foot,bicycle,bus or car.
The Plan recognizes that cul-de-sacs or other closed street systems may be appropriate under
certain circumstances, including,but not limited to, topography and other physical limitations
which make connecting systems impractical. See Policy UL.2.20.
47. 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.
48. 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.
49. 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.
50. 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
HE Findings, Conclusions and Decision REZ-01-04/PUD-01-04/SUB-01-04 Page 7
to consider access to the road and pedestrian network outside a proposed PUD, in approving
pedestrian circulation facilities for the PUD.
51. City Traffic Engineering conditions require the applicant to dedicate right of way for Eighth
and 10th Avenue, as indicated on the preliminary plat map; improve the south half of Eighth
Avenue adjacent to the site,by paving and widening the road to a half width of 22 feet, installing
curb and gutter, installing a 10-foot wide planting strip, and installing a minimum 5-foot wide
(separated) sidewalk along the frontage of the site; and provide a 13-foot wide border easement
for both Eighth and 10th Avenues.
52. The applicant submitted a vehicle trip generation and distribution analysis for the proposal,
prepared by a qualified traffic engineer. The analysis indicates that 95% of the traffic generated
by the proposal would travel east to the intersection of Eighth Avenue and Evergreen Road,with
the remaining traffic traveling west on Eighth Avenue.
53. The vehicle trip analysis also indicates that the preliminary plat would add only 18 peak
hour vehicle trips to Eighth Avenue in the AM peak hour, and 24 vehicle trips in the PM peak
hour. Based on the accepted traffic analysis, only 5% of these peak hour trips are expected to use
the intersection of Eighth Avenue and McDonald.
54. Under the City Road Standards and the City Capital Facilities Plan, the lowest acceptable
level of service (LOS) for signalized arterial road intersections is LOS D, and the lowest
acceptable level of service for un-signalized arterial road intersections is LOS E. See City Road
Standards, p. 1-11, and Capital Facilities Plan, p. 146.
55. The City Capital Facilities Plan indicates that the LOS at the intersection of Eighth Avenue
and Evergreen Road, with the existing stop signs,was LOS C in 2000; and that by 2006 the LOS
at such intersection would improve to LOS B,with signalization of such intersection. See
Capital Facilities Plan, Table T-2. Such plan indicates that LOS at the intersection of Eighth
Avenue and McDonald Road, west of the site, with the existing stop signs, was LOS C in 2000,
and would be degraded to LOS D by 2006.
56. The City Traffic Engineer accepted the vehicle trip analysis submitted by the applicant,
found that the proposal would not significantly impact the level of service at area road
intersections, and concluded that the proposal met the transportation concurrency requirements of
the Phase I Development Regulations.
57. The vehicle trip analysis, the comments by the City Engineer, and the City Capital Facilities
Plan establish that the project will not have any significant adverse impact on the City
transportation system in the area, and meets transportation concurrency requirements.
58. The applicant's offer to dedicate the southerly 19 feet of the site to the City for 10th Avenue
assures that such road can be extended, if necessary, west of the site; and also extended south and
east of the site if additional right of way is acquired for 10th Avenue. The dedication of such
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right of way permits gated pedestrian access from the preliminary plat to 10th Avenue, as shown
on the PUD plan.
59. 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.
60. 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 entrance to the site along
Eighth Avenue, and along the north or south side of the private road opposite Lots 8-17 in the
preliminary plat. The record also indicates that the fire district and City Engineer accepted the
turnaround cul-de-sac located at the end of the private road, for fire access purposes.
61. City Traffic Engineering indicated that it did not require the applicant to provide a public
road connection through the preliminary plat between Eighth Avenue and 10th Avenue, or
prohibit the use of a private road or cul-de-sac in the preliminary plat, because the City Road
Standards do not provide a sufficient basis to impose such requirements, and because the
applicant does not own enough land to provide a full right of way for 10th Avenue along the
south boundary of the site. Other cross connections between Eighth Avenue and 10th Avenue are
respectively found one (1) lot east of the site and one (1) lot west of the site.
62. City Engineering found that Eighth Avenue was a more appropriate means of access for the
preliminary plat than 10th Avenue, because Eighth Avenue is an Urban Minor Arterial and has a
much higher carrying capacity for vehicles than does 10th Avenue, an Urban Local Access road.
If the project proposed vehicular access to 10th Avenue, this could logically generate
neighborhood opposition from the owners of lots located south of the subject property, which
owners did not comment on the preliminary plat.
63. City Community Development conditions of approval require the applicant to install 5-foot
wide buffers of Type III landscaping adjacent to Eighth Avenue and the dedicated 10th Avenue
right of way, and require that adequate sight distance be maintained at the driveway and street
intersection. The applicant testified that the proposed landscaping at the entrance to the project
along Eighth Avenue would be consistent with sight distance requirements. City Engineering
indicated that it would confirm adequate sight distance at such location. Further, the preliminary
plat map indicates preservation of adequate sight distance at such location.
64. 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.
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65. The private road in the preliminary plat does not comply with Zoning Code 14.704.380 (3),
because it provides only a 5-foot wide pedestrian walkway along the private road. However,
Department of Community Development condition#8 on page 20 of the Staff Report requires
that the pedestrian walkway be at least six (6) feet wide. This can be achieved either by reducing
the private road width to 22 feet, subject to Zoning Code 14.704.380 (1); or marginally
decreasing the size of the bordering lots,which would still allow such lots to meet minimum lot
size and density(net) requirements to be met.
66. The City Road Standards require private roads serving 21 or more lots to have a minimum
paved width of 28 feet. However, Zoning Code 14.704.380 (1) authorizes a reduction in required
private road pavement widths in a PUD Overlay zone down to 22 feet for a 2-way road; provided
on-site parking is provided that is functionally convenient to planned dwelling units, equal to
Zoning Code parking requirement plus one-half(1/2) stall per dwelling unit for guest parking;
on-street parking is prohibited; private"no parking" and"fire lane" signs are displayed; the
horizontal and vertical alignment of the roadway is consistent with City Road Standards;
covenants or other legal means assure permanent maintenance of private streets and parking
areas; and all areas to be occupied or traveled over by motor vehicles shall be paved.
67. Zoning Code 14.704.380 (1) requires a minimum of two (2)parking spaces per dwelling
unit, which can be stacked in the driveway. Therefore, a minimum of three (3)parking spaces
must be provided for each dwelling unit in the preliminary plat/PUD, if pavement widths are
reduced below 28 feet. The typical dwelling units in the preliminary plat/PUD have 2-car
garages, such that four(4)parking spaces (2 in the garage and 2 in the driveway) are available for
each residence. This satisfies the enhanced parking requirement of Zoning Code 14.704.380 (1).
68. A condition of approval has been added requiring the final PUD site development plan to
demonstrate compliance with Zoning Code 14.704.380 (1), if the paved width of the private road
is reduced below 28 feet.
69. The City Traffic Engineer testified that the existing 35 m.p.h. speed limit along Eighth
Avenue was standard for Minor Arterials, and that engineering justification would be necessary
to change such speed limit along Eighth Avenue; which change requires formal action by the
City Council.
70. Competent evidence of a traffic engineering or fire safety nature was not submitted for the
record to establish that the proposed rezone would have any significant adverse traffic capacity or
safety impacts in the area; or ensure adequate fire safety.
71. The Spokane County Air Pollution Control Authority submitted standards written
comments for the preliminary plat,but did not express any concern regarding its approval. There
is no competent evidence in the record establishing that the proposal would adversely impact air
quality in the area, or cause state noise standards to be exceeded.
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72. City Critical Areas maps do not designate any critical areas on the site, including any
priority wildlife habitats. There is no competent evidence that any threatened or endangered
species, or priority wildlife habitat,would be adversely impacted by the proposal.
73. Vera Water and Power and County Utilities certified,respectively, that public water and
public sewer will be available to serve the proposal, if approved. The proposal meets the water
and sewer concurrency requirements of the City Phase I Development Regulations.
74. The preliminary plat has been conditioned to assure proper utility access and easements for
Avista Utilities, and Vera Water and Power. Underground utilities would be provided, as
required by the City Subdivision Ordinance and as recommended by the Comprehensive Plan.
75. The City Phase I Development Regulations do not require direct concurrency for schools.
Central Valley School District was contacted regarding the proposal but did not submit any
specific comments. The City Capital Facilities Plan indicates that capacity at area elementary
and middle schools was adequate in 2000, and projected to be adequate in 2006. Two new high
schools have been built in the district to eliminate a deficiency in high school capacity.
76. City Parks did not submit any comments regarding the proposal. The nearest city park is
located one-half(1/2) mile south of the site. The City Phase I Development Regulations do not
require direct concurrency for parks and recreation.
77. The site is located along a Minor Arterial and has good access to the major arterials systems
in the area. The site is surrounded by 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
Critical Areas Ordinance. As conditioned, the project will be reasonably compatible with
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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.
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,road improvements to Evergreen Road,
adoption of the 2002 Comprehensive Plan and the Phase I Development Regulations, designation
of the site in the UGA and Low Density Residential category of the Comprehensive Plan, and
incorporation of the City of Spokane Valley
85. Changed conditions in the area also include the 1993 approval of the rezone of 13 acres of
land located southeast of the site, at the northwest corner of Evergreen Road and 16th Avenue,
and the associated preliminary plat/PUD of Dhaenens Square, to divide such acreage into 72 lots
for single-family residences. See decision in File No. PE-1716-93/ZE-26-93/PUD. Such
preliminary plat/PUD has been finally platted into 68 lots, with lot sizes and a density(net)
similar to the current preliminary plat proposal. See County Assessor's maps in project file.
86. Changed conditions in the area also include the 2003 approval of the rezone of 4.93 acres
of land located east of the site and Evergreen Road,between Eighth Avenue and 10th Avenue, to
the UR-7 zone, and the associated preliminary plat/PUD of Hills Haven, into four(4) duplex lots
and 14 lots for single-family residences, at a density(net) of 5.14 dwelling units per acre. See
decisions in File Nos. SUB-12-03/PUD-5-03/REZ-9-03/VAR-3-03 and SUB-12-03/PUD-05-03.
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.
HE Findings, Conclusions and Decision REZ-01-04/PUD-01-04/SUB-01-04 Page 12
3. The preliminary plat, as conditioned,meets the general design and other requirements listed
in Chapter 12.400 of the City Subdivision Ordinance for a proposed subdivision.
4. The proposed zone reclassification and PUD Overlay zone, as conditioned, conform to the
City Comprehensive Plan, and bear a substantial relationship to the public health, safety and
welfare.
5. A change in economic, technological, or land use conditions has occurred to warrant
approval of the proposed rezone and PUD Overlay zone. A substantial change of circumstances
has occurred in the area since the site was last zoned.
6. The proposed rezone and PUD Overlay zone, as conditioned, meet the criteria established
by Washington case law for approving a rezone.
7. The procedural requirements of the State Environmental Policy Act and the City's Local
Environmental Ordinance have been met.
8. The proposal, as conditioned, complies with the UR-7 zone, the PUD Overlay zone, the
County Zoning Code, the County Subdivision Ordinance and other applicable development
regulations.
9. The procedural requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met. The proposal, as conditioned, will not have a
significant, probable adverse impact on the environment.
10. Approval of the subject applications is appropriate under the City Zoning Code and City
Ordinance No. 03-057, as amended by City Ordinance Nos. 03-081 and 04-012.
III. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject applications for a
rezone,preliminary plat and PUD Overlay zone are hereby approved, subject to the conditions of
the various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
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.
HE Findings, Conclusions and Decision REZ-01-04/PUD-01-04/SUB-01-04 Page 13
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. 45224.0531 and 45224.0532, if the rezone decision is not
appealed.
2. The maximum residential density developed on the subject property shall be six (6)
dwelling units per acre.
3. The preliminary plat shall have a maximum of twenty-four(24)residential units, unless a
preliminary plat modification is approved pursuant to Section 12.100.120 (Modifications) of the
Spokane Valley Interim Subdivision Ordinance.
4. Pursuant to Section 12.100.116 (Expiration of Approval) of the Spokane Valley Interim
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.
5. The preliminary Planned Unit Development approval shall automatically expire five (5) years
from the date of approval of the preliminary PUD, and the preliminary PUD approval shall be
null and void unless an application for a time extension is timely submitted by the applicant for
the preliminary plat and PUD.
6. Pursuant to Section 12.100.118 (Extensions of Time) of the Spokane Valley Interim
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 May 7, 2009.
7. Pursuant to Section 14.704.160 (Final PUDs) of the Spokane Valley Interim Subdivision
Ordinance, any Planned Unit Development not finalized prior to expiration of the preliminary
plat shall become void.
8. Pursuant to Section 12.100.120 (Modifications) of the City Valley Interim Subdivision
Ordinance, any request for a proposed modification to a preliminary plat that has received
preliminary approval shall be submitted to the Current Planning Division for review and
approval.
9. Pursuant to Section 12.100.130 (Enforcement) of the Spokane Valley Interim 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
HE Findings, Conclusions and Decision REZ-01-04/PUD-01-04/SUB-01-04 Page 14
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 Spokane Valley Interim Subdivision
Ordinance,when the density of a proposed subdivision meets or exceeds three lots per gross acre
within the exterior boundaries, the subdivision shall provide underground utilities within public
rights-of-way, alleys or utility easements including, but not limited to, those for electricity,
communications, and street lighting. The 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.
11. Pursuant to Section 12.400.132 of the Spokane Valley Interim Subdivision Ordinance, all
utilities within the plat shall be installed underground.
12. Except where otherwise noted in the conditions of approval, the proposal shall comply
with the provisions of Chapter 14.618 (Urban Residential-7) of the Spokane Valley Interim
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 Spokane
Valley Interim Zoning Code and shall be maintained in conformance with Section 14.806.140
(Maintenance and Enforcement) of the City Zoning Code.
14. Pursuant to Section 14.618.375 (Utilities) of the Spokane Valley Interim 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 tall as the highest portion of the equipment and shall
be permanently maintained.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
15. The applicant is advised that there may be utilities either underground or overhead affecting
the applicant's property, including property to be dedicated or set aside for future acquisition.
The City of Spokane Valley will assume no financial obligation for adjustments or relocation
regarding these utilities. The applicant shall be responsible for contacting all applicable utility
companies regarding the responsibility for adjustment or relocation costs and to make
arrangements for any necessary work.
SPOKANE REGIONAL HEALTH DISTRICT:
16. The use of private wells and water systems shall be prohibited.
HE Findings, Conclusions and Decision REZ-01-04/PUD-01-04/SUB-01-04 Page 15
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 as 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 Site Development Plan (Final PUD Plan)
prepared in conformance with Section 14.704.160 of the Spokane Valley Interim Zoning Code.
The Final PUD Plan shall include approved road plans, drainage systems, assurances of building
and fire code compliance and the requirements specified in Section 14.704.140 of the Interim
Zoning Code, inclusive of a Final Landscape Plan.
2. Pursuant to Section 14.704.160 of the Interim Zoning Code, approval of the Final PUD
Plan shall be done administratively or through a public hearing at the discretion of the
Community Development Director.
3. Pursuant to Section 14.704.160 of the Interim Zoning Code, construction shall not
commence until a PUD has been given final approval.
4. Pursuant to Section 14.704.385 of the Interim 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 Interim 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 PUD and shall contain a prohibition against future divisions
or segregations without further City approvals. Copies of the recorded deed restrictions shall be
submitted to the City of Spokane Valley Current Planning Division prior to final planned unit
development approval.
6. Submit a Final PUD Plan with a note on the face specifying a total maximum building
coverage for the entire project of 60 percent (60%) inclusive of all primary and accessory
structures.
HE Findings, Conclusions and Decision REZ-01-04/PUD-01-04/SUB-01-04 Page 16
7. Submit a Final PUD plan specifying the paving of on-site pedestrian facilities with asphalt
or concrete or Portland cement concrete.
8. Submit a Final PUD plan specifying a minimum six (6)-foot wide pedestrian pathway for
the proposed on-site private road.
9. Submit a Final PUD Plan specifying the correct amount of common open space to be
provided within the PUD and meeting the minimum PUD common open space requirement.
10. If the private road has an improved width less than 28 feet, the Final PUD Plan shall
comply with Section 14.704.380 (1) of the Spokane Valley Interim Zoning Code.
VERA WATER AND POWER:
11. Prior to final PUD approval, submit a Final Landscape Plan that shows a minimum ten
(10) foot by ten (10) foot free area for utility facilities, or such free area for utility facilities as
determined through consultation with Vera Water and Power, at each property corner.
C. Prior to final plat approval,the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. In order to comply with Section 14.618.365 (Walls) of the Spokane Valley Interim Zoning
Code, the applicant shall,prior to final plat approval, construct a six (6) foot high concrete,
masonry, or decorative block wall, solid landscaping or site-obscuring fence along the proposal's
western and southern perimeters. Further, the applicant shall submit a written agreement
agreeing that the applicant or successors in interest will 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 the time of sale of any
and all of the parcels created through the final plat action, the applicant shall notify in writing all
buyers of the requirement to maintain the six (6) foot high concrete, masonry, or decorative block
wall, solid landscaping or site-obscuring fence along the portion of the property under their direct
control.
2. Prior to final plat approval, submit a final plat specifying a maximum of twenty-four(24)
lots and a maximum of twenty-four(24) single-family residential dwelling units.
3. Pursuant to Section 12.400.124 (Roads) of the Spokane Valley Interim Subdivision
Ordinance, improve or make appropriate provisions for the construction of required public and
private roads consistent with the City of Spokane Valley's Interim Standards for Road and Sewer
Construction, as amended.
HE Findings, Conclusions and Decision REZ-01-04/PUD-01-04/SUB-01-04 Page 17
4. Pursuant to Section 12.400.126 (Sewage Disposal) of the Interim Subdivision Ordinance,
construct or make appropriate provisions for the construction of required public sewer
improvements.
5. Pursuant to Section 12.400.128 (Water Supply) of the Interim Subdivision Ordinance,
construct or make appropriate provisions for the construction of required public water
improvements.
6. Pursuant to Section 12.400.130 (Stormwater Runoff) of the Interim Subdivision Ordinance,
construct or make appropriate provisions for the management of stormwater runoff.
7. Pursuant to Section 12.400.132 (Utilities) of the Interim Subdivision Ordinance, submit a
final plat specifying easements inclusive of location and width for electric, water, sewer, gas and
similar utilities.
8. Pursuant to Section 12.400.134 (Professional Land Surveyor) of the Interim Subdivision
Ordinance, a final plat shall be submitted and shall be made by or under the supervision of a
professional land surveyor who shall certify on the final plat that it is a true and correct
representation of the lands actually surveyed. All surveys shall comply with the Survey
Recording Act (RCW Chapter 58.09), Survey and Land Descriptions (WAC Chapter 332-130),
and the City of Spokane Valley's Interim Standards for Road and Sewer Construction, as
amended.
9. The final plat 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
Interim Subdivision Ordinance.
10. Pursuant to Section 12.400.144 (Filing) of the Interim Subdivision Ordinance, the City of
Spokane Valley shall record the final plat with the Spokane County Auditor's Office upon the
receipt of all required signatures on the face of the 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) of the Interim Subdivision Ordinance,
establish monumentation, as required by the City of Spokane Valley Standards for Road and
Sewer Construction, as amended.
12. Pursuant to Section 12.400.138 (Monumentation) of the Interim 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.
HE Findings, Conclusions and Decision REZ-01-04/PUD-01-04/SUB-01-04 Page 18
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 Eighth Avenue and Tenth Avenue frontages. Pursuant to
Section 14.806.040.2.e of the Spokane Valley Interim 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 Interim 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 one (1)-foot wide public right-of-way dedication for Eighth Avenue abutting the
preliminary plat shall be specified on the face of the final plat.
17. Eighth Avenue abutting the preliminary plat shall be improved with twenty-two (22) feet of
asphalt from roadway centerline to property frontage, a two (2)-foot wide Type B curb and gutter,
a seven(7) foot to ten (10) foot wide planter strip and a minimum five (5)-foot wide sidewalk. In
addition, a thirteen (13)-foot wide border easement along the property frontage abutting Eighth
Avenue shall be specified on the face of the final plat.
18. A public right-of-way dedication of nineteen (19) feet for Tenth Avenue abutting the
preliminary plat shall be specified on the face of the final plat.
19. A thirteen(13)-foot wide border easement along the property frontage abutting Tenth
Avenue shall be specified on the face of the final plat.
20. Submit a final plat specifying the labeling, location, numbering or alphabetical reference,
size (in square feet) and any other intended uses of all tracts or easements intended for drainage
purposes.
21. Prior to final plat approval, 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.
HE Findings, Conclusions and Decision REZ-01-04/PUD-01-04/SUB-01-04 Page 19
22. Prior to final plat approval submit a final plat containing the following note on the
face of the final plat: Please note that the following statement shall be placed on the
face of the final plat:
"Drainage easements as platted and shown hereon, which are for the purpose of conveying
and storing stormwater runoff and for installing, operating and maintaining drainage ponds and
drainage facilities which dispose of and treat stormwater runoff, are hereby granted to the City of
the Spokane Valley. The drainage easements are located on( )[TO BE
DETERMINED AT TIME OF ENGINEERING REVIEW].
The City of Spokane Valley and its authorized agents are hereby granted the right to ingress
and egress to, over and from all public drainage easements for the purposes of inspection and
emergency maintenance of drainage swales,ponds, ditches, culverts and other drainage facilities,
if not properly maintained by the lot owners. The City of Spokane Valley does not accept the
responsibility to inspect or maintain drainage facilities located outside of public rights-of-way,
except in cases where the City of Spokane Valley specifically assumes that responsibility in
writing. Neither does the City of Spokane Valley accept any liability for any failure by the
property owners to properly maintain such areas.
The property owners within this plat shall be held responsible for keeping open and
maintaining the surface path of natural or man-made drainage flow over and across their respective
properties. If the property owners fail to maintain the surface path of natural or man-made drainage
flow, or drainage facilities on private properties, a notice of such failure may be given to the
property owners. If not corrected within the period indicated on said notice, the City of Spokane
Valley has the right to correct the maintenance failure, or have it corrected, at the expense of the
property owners. No structures, including fences, shall be constructed directly over or within a
natural drainage channel or drainage ditch without the expressed written consent of the City
Engineer.
The City of Spokane Valley does not accept the responsibility of maintaining the drainage
course on private lots nor the responsibility for any damage whatsoever, including,but not limited
to, inverse condemnation to any properties due to deficient construction and/or maintenance of
drainage courses in drainage easements on private property.
The lot owners within this plat shall maintain all natural drainage channels, drainage ditches,
and all water quality treatment swales situated on their respective properties, and any portion of
Swale situated in a public right-of-way adjacent to their respective properties. Maintenance of
drainage facilities includes,but is not limited to, keeping open and cleaning storm pipes, ditches,
drainage ponds, swales, etc., replacement of drainage facilities as needed, and maintaining live
native-type 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
HE Findings, Conclusions and Decision REZ-01-04/PUD-01-04/SUB-01-04 Page 20
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.
Any building that is constructed on a lot in this plat shall be set at such an elevation so as to
provide positive drainage away from any drainage entry point to the building(including but not
limited to a window well, a window unprotected by a window well, or a doorway). Said positive
drainage shall consist of a minimum slope of 3%away from the building for a distance of at least
10 feet from the building. The lots shall be graded so that either a) all runoff is routed away from
the building, and conveyed over the lot to a natural drainage swale or approved drainage facility, or
b) drainage intercepted on the lot is disposed of on the lot in an approved drainage facility. All
drainage facilities for this plat, including any swales, shall be constructed in accordance with the
approved plans on file at the City Engineer's Office. Any proposed changes to the approved road
and drainage plans must be approved by the City Engineer's Office prior to construction of said
changes.
There may exist properties located uphill and adjacent to this subdivision that periodically
discharge stormwater runoff onto individual lots within this plat. Stormwater runoff from nearby
uphill properties shall be expected, and during snow melt periods or wet seasons the lots may be
subjected to higher amounts of stormwater runoff than what is normally observed or anticipated.
Because stormwater runoff from adjacent properties has discharged onto this plat prior to
development, stormwater runoff will likely continue to do so after development.
The developer and property owners waive any and all claims for damages against any
governmental authority arising from the construction, ownership or maintenance of public facilities.
This waiver includes claims of any nature, including but not limited to person and real property
damages as well as any inverse condemnation claims."
SPOKANE COUNTY DIVISION OF UTILITIES:
23. 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
HE Findings, Conclusions and Decision REZ-01-04/PUD-01-04/SUB-01-04 Page 21
pay applicable charges per the County Sewer Ordinance. Sewer connection permits shall be
required."
24. A public sanitary sewer easement shall be specified on the face of the final plat and the
following note shall be specified on the face of the final plat: "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, its successors, and assigns at all
times hereinafter, at their own cost and expense, may remove all crops,brush, grass, or trees that
may be interfere with the constructing, installing, operating, maintaining, repairing, altering,
replacing, removing and all other uses or purposes which are related to a sewer system. The
grantor(s) reserves the right to use and enjoy the 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."
SPOKANE REGIONAL HEALTH DISTRICT:
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
HE Findings, Conclusions and Decision REZ-01-04/PUD-01-04/SUB-01-04 Page 22
30. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
31. 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.
32. 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."
33. Submit a final plat containing the following note on the face of the final plat: "The use of
private wells and water systems is prohibited."
34. 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."
SPOKANE VALLEY BUILDING DIVISION:
35. Install a total of two (2) fire hydrants at the following locations: a) the project entrance at
Eighth Avenue; and b) on one (1) side of the private lane abutting either Lot 8 or Lot 17.
SPOKANE COUNTY FIRE DISTRICT NO. 1:
36. Submit a final plat specifying the name of the private lane as Mayhew Lane.
AVISTA UTILITIES:
37. Submit a final plat specifying a ten(10)-foot wide utility easement with the location of this
easement to be determined in consultation with Avista Utilities prior to final plat and written
evidence of the determined location to be provided to the Current Planning Division.
38. 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."
VERA WATER AND POWER:
39. Submit a final plat specifying adequate width easements for the provision of public water
service. Consult directly with Vera Water and Power prior to final plat approval regarding the
HE Findings, Conclusions and Decision REZ-01-04/PUD-01-04/SUB-01-04 Page 23
location of these easements and submit written evidence of determined easement locations to the
Current Planning Division.
D. Prior to or during on-site construction the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
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, the
hours of on-site construction shall be authorized as follows: 1)between 7:00 a.m. and 7:00 p.m.
Monday through Friday, 2)between 8:00 a.m. to 5:00 p.m. on Saturday, and 3)no construction
allowed on Sunday. Prior to on-site construction,the developer and contractor(s) shall submit
notarized letters agreeing to observe the specified hours of construction.
3. Upon any discovery of potential or known archaeological resources at the subject property
prior to or during on-site construction, the developer, contractor, and/or any other parties
involved in construction shall immediately cease all on-site construction, shall act to protect the
potential or known historical and cultural resources area from outside intrusion, and shall notify,
within a maximum period of twenty-fours from the time of discovery, the City of Spokane Valley
Community Development Department of said discovery.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—ENGINEERING DIVISION:
4. A Professional Engineer, licensed in the State of Washington, shall submit final road and
drainage plans and a drainage report including calculations that conform to the 2001 Edition of
the Spokane County Standards for Road and Sewer Construction, the 1998 Spokane County
Guidelines for Stormwater Management (both adopted by the City of Spokane Valley), and all
other applicable standards.
5. Permits shall be required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
6. 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.
7. 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.
HE Findings, Conclusions and Decision REZ-01-04/PUD-01-04/SUB-01-04 Page 24
8. 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.
9. 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
Construction Standards.
10. 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.
11. 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 DIVISION OF UTILITIES:
12. Submit prior to the finalization of the preliminary plat, sewer plans acceptable to the
Division of Utilities.
13. Submit prior to the issuance of the sewer connection permit, sewer plans acceptable to the
Division of Utilities.
14. 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.
15. Any water service for the project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
HE Findings, Conclusions and Decision REZ-01-04/PUD-01-04/SUB-01-04 Page 25
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
16. 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.
17. 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.
18. Debris generated as a result of this project shall be disposed of by means other than
burning.
19. If objectionable odors result from this project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
20. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
21. 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.
22. A Notice of Intent shall be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application.
DATED this 7th day of May, 2004
CITY HEARING EXAMINER PRO TEM
(Zc/
Mic ael C. Dempsey, WSBA
HE Findings, Conclusions and Decision REZ-01-04/PUD-01-04/SUB-01-04 Page 26
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 May 7, 2004. THE APPEAL CLOSING DATE IS MAY 21, 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 Depattiuent 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-01-04/PUD-01-04/SUB-01-04 Page 27