SUB-13-03 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Preliminary Plat of 4th and Hodges, in the )
Urban Residential-3.5 (UR-3.5)Zone; ) FINDINGS OF FACT,
Applicant: Ken Tupper/KJT Investments,LLC ) CONCLUSIONS OF LAW,
File No. SUB-13-03 ) AND DECISION
This matter coming on for public hearing on December 11, 2003, 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 application seeks approval of a preliminary plat to divide approximately 18.66 acres of
land into 63 lots for single-family dwellings, in the Urban Residential-3.5 (UR-3.5) zone.
2. The site is located in the NW 1/4 of Section 20, Township 25 North,Range 45 East,
Willamette Meridian, Spokane County, Washington.
3. The site was recently segregated and divided through the certificate of exemption process,
and consists of County Assessor's tax parcel nos. 55202.0273, 55202.0273R, 55202.0274,
55202.0275, 55202.0276, 55202.0277 and 55202.0278 and 55202.0279.
4. The applicant for the proposal and the site owner is KJT Investments, LLC, c/o Ken
Tupper, 122 North Raymond Court, Spokane Valley, WA 99206.
5. On September 11, 2003, the applicant submitted a complete application for a preliminary
plat to the City of Spokane Valley Department of Community Development.
6. On November 12, 2003, the Department of Community Development issued a Mitigated
Determination of Nonsignificance(MDNS) for the proposal.
7. On December 11, 2003, the Hearing Examiner held a public hearing on the proposal. The
Examiner conducted a site visit on December 10, 2003. The requirements for notice of public
hearing were met.
8. The following persons testified at the public hearing:
Kevin Snyder Don Ramsey and Sandra Raskell
Current Planning Traffic Engineering
City of Spokane Valley City of Spokane Valley
11707 E. Sprague Avenue 11707 E Sprague Ave Ste 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206-6124
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John Hohman Ken Tupper
Traffic Engineering KJT Investments
City of Spokane Valley 122 W. Raymond
11707 E Sprague Ave Ste 106 Spokane, WA 99206
Spokane Valley, WA 99206-6124
William McCormick Kendall Cypert
PO Box 82 19403 E. 4th
Greenacres, WA 99016-0082 Greenacres, WA 99106
Jacqueline Cypert Michael Clemens
19403 E. 4th 19322 E. 4th
Greenacres, WA 99106 Greenacres, WA 99106
Michael Layton Beryl E. Coe
508 S. Colonial Drive 211 S. Camelot Drive
Greenacres, WA 99016 Greenacres, WA 99016
Kathryn E. Lowry Orville Dietzel
PO Box 627 19605 E. Mica View Drive
Greenacres, WA 99016 Greenacres, WA 99016
Peter Higgins Wanda Jeffries
20221 E. 8th Avenue 525 S. Cavalier Court
Greenacres, WA 99016 Greenacres, WA 99016
9. The public hearing was held in accordance with City Ordinance No. 57, as amended by
Ordinance No. 3-081, and the Hearing Examiner Rules of Procedure adopted pursuant thereto.
10. The Hearing Examiner takes notice of the City Interim Comprehensive Plan and Capital
Facilities Plan, City Interim Zoning Code, City Phase I Development Regulations, City Interim
Subdivision Ordinance, 2001 Spokane County Standards for Road and Sewer Construction
(adopted by City), City and County official zoning maps for vicinity, other applicable
development regulations, and prior land use decisions in the vicinity.
11. The record includes the documents in File No SUB-13-03 at the time of the public hearing
held on December 11, 2003,the documents and testimony submitted at the public hearing,and
the items taken notice of by the Hearing Examiner.
12. The site is approximately 18.66 acres in size, relatively flat in topography and irregular in
shape. A single-family residence and detached garage are found in the north end of the site
fronting along Fourth Avenue. The remainder of the site consists of an open field used as a
hayfield and horse pasture.
13. The preliminary plat map of record, submitted on December 5, 2003,illustrates division of
the site into 63 lots for single-family dwellings. The lots range from 10,000 to 16,775 square feet
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in size, with an average lot size of 10,865 square feet. The existing residence and garage on the
site would be retained. The project would be served with public sewer and water.
14. The internal road system in the preliminary plat would be public, except for a private road
that would serve a total of nine(9) lots located in the north end of the preliminary plat and access
Fourth Avenue.
15. The internal public roads in the preliminary plat would have one connection point to
Hodges Road and one connection point to Fourth Avenue. The preliminary plat map illustrates
public road stub connections along the south borders of the east and west portions of the
preliminary plat, and along the east border of the southwest portion of the preliminary plat.
16. On January 1, 1991, the zoning of the site and neighboring land lying west of Hodges Road
was reclassified from 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. In the same
action, the zoning of land in the vicinity lying east of Hodges Road was reclassified to the
Suburban Residential-1 (SR-1)zone.
17. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
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.
18. The County Comprehensive Plan designated the site and neighboring land in the Low
Density Residential category. The County Phase I Development Regulations designate the site
and neighboring land in the UGA,retained the UR-3.5 zoning of the site and neighboring land
located west of Hodges Road, and reclassified the SR-1 zoning of the land lying east of Hodges
Road to the Urban Residential-7 (UR-7) zone.
19. On March 31, 2003, the City of Spokane Valley, in which the site and land in the vicinity
lying west of Hodges Road are located,was incorporated. On the same date, the City made
effective, as interim official controls for the City,the County Comprehensive Plan, County
Subdivision Ordinance, County Zoning Code, County Phase I Development Regulations, County
official zoning maps and other development regulations; with certain revisions. The City also
adopted a hearing examiner ordinance and hearing examiner rules of procedure.
20. The City Interim Zoning Code and City Interim Comprehensive Plan retained the zoning
and Low Density Residential category designation,respectively, established for the site and
neighboring land located in the City of Spokane Valley under County regulations.
21. The land abutting the site and in the vicinity consists primarily of parcels of land one(1)
acre in size or larger,nearly all of which parcels are improved with single-family homes, and
some of which include barns and nonconforming large animal keeping.
22. Some smaller parcels of land improved with single-family residences are found near the site
and in the vicinity. This includes an 18,000-square foot parcel located between the site and
Fourth Avenue; some lots lying north of the site and Fourth Avenue and short platted during the
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1990s; and several lots ranging from approximately 11,400 square feet to one-half(1/2) acre in
size, located at the southeast corner of Barker Road and Eighth Avenue, and platted during the
1990s.
23. In 1999, the Hearing Examiner approved the preliminary plat of Meadowview Terrace, to
divide approximately 131 acres located directly south of the site across Eighth Avenue,between
Barker Road and Henry Road, into 236 lots for single-family dwellings, in the UR-3.5 zone. The
lot sizes in such preliminary plat range from 10,000 square feet to one(1) acre in size,with most
lots being urban in size. The Meadowview Terrace preliminary plat has a density(net) of
approximately 2.0 dwelling units per acre. Approximately 23% of the preliminary plat is
reserved in common open space,primarily to provide for wetlands and their associated buffers.
Such project would be served with public sewer,through a developer extension. See decision in
File No. PE-1779-95.
24. On May 5, 2003, the Hearing Examiner approved the preliminary plat of Asher Place to
divide 4.85 acres of land located directly west and southwest of the site, along the north side of
Eighth Avenue, into 17 lots for single-family dwellings. In the same action, the Examiner
approved a zone reclassification for such land from the UR-3.5 zone to the UR-7 zone. The
density(net) of such preliminary plat is 3.9 dwelling units per acre. Such project would be
served with public sewer, through a developer extension. See decision in File No. PE-1917-
03/ZE-03-03.
25. The Arterial Road Plan maps adopted in the City Comprehensive Plan designate Hodges
Road, south of Fourth Avenue, and Barker Road, as Urban Minor Arterials; designate Hodges
Road, between Fourth Avenue and Sprague Avenue, as a future Urban Minor Arterial, and
designate Sprague Avenue and Eighth Avenue in the vicinity as Urban Collector Arterials. The
County Arterial Road Plan designates Henry Road located to the east as an Urban Minor Arterial.
The other roads in the vicinity, including Fourth Avenue, are considered Local Access roads.
Hodges Road is currently unimproved north of the site.
26. A large number of neighboring property owners expressed opposition to or concerns
regarding the preliminary plat, including concerns over the density and lot sizes in the
preliminary plat, impacts on property values,potential traffic impacts to Fourth Avenue and other
neighboring roads, the need to pave and curb Hodges Road north to Sprague Avenue, traffic light
impacts to residences at the proposed accesses to Hodges Road and Fourth Avenue, impacts on
local public schools,traffic and pedestrian safety along Fourth Avenue,maintenance of road
improvements, sanitary waste disposal, and other concerns.
27. The"density" (net) of the preliminary plat is calculated by dividing the number of proposed
dwelling units by the net acreage of the preliminary plat, which equals the difference between the
gross acreage of the site and the acreage of the site reserved for roads. See definition of
"density"in Section 14.300.100 of City Zoning Code.
28. The preliminary plat map states the net acreage of the preliminary plat to be 15.71 acres,
which, divided into 63 residential lots, yields a density(net) of 4.0 dwelling units per acre.
However, such net acreage calculation does not appear to subtract out the area(approximately
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.33 acre) of the preliminary plat reserved for the proposed private road that would serve Lots 1-9,
Block 7 of the preliminary plat. If so, the net acreage of the preliminary plat would be
approximately 15.38 acres, and yield a density(net)of approximately 4.1 dwelling units per acre.
29. The preliminary plat shows the dedication of five(5) feet of right of way along the frontage
of the site with Fourth Avenue and 10 feet of right of way dedication along Hodges Road. City
Engineering conditions of approval for the preliminary plat require the dedication of six (6)feet
of right of way for Hodges Road and no right of way dedication for Fourth Avenue.
30. If right of way dedication for the final plat is limited to that indicated in the City
Engineering condition of approvals, the net acreage of the site for determining density would be
increased by approximately.11 acres, and the residential density of the project would be
approximately 4.07 dwelling units per acre.
31. The density(net) of the preliminary plat/PUD is less than the maximum density(net)
permitted in the UR-3.5 zone of 4.35 dwelling units per acre, and approximately the same as the
density(net) of the recently approved preliminary plat of Asher Place (PE-1917-03/ZE-03-03)
located adjacent to the site.
32. The site lies outside the 6-year sewer capital improvement program adopted by the City in
its Interim City Capital Facilities Plan. Spokane County currently provides sewer service both
inside and outside the City limits in the vicinity,but does not intend to extend public sewer to the
area until approximately 2010.
33. Under the City Interim Phase I Development Regulations, the subject preliminary plat
cannot be approved unless public sewer is extended to the site by developer extension. The
applicant proposes to extend public sewer to the site either by extending a line down Eighth
Avenue from Barker Road, or by extending a line north to the County sewer interceptor located
just south of Appleway Avenue. Under County policy, abutting owners may,but would not be
required to connect to the sewer line installed by the applicant until 2010.
34. The UR-3.5 zone is an implementing zone for the Low Density Residential category of the
Comprehensive Plan, which applies to the site The Comprehensive Plan recommends a density
range of 1-6 dwelling units per acre in the Low Density Residential category, and recommends
that the City seek to achieve a residential density of at least four(4) dwelling units per acre in
new development in such category. The preliminary plat specifically implements such policies.
35. The site is located along an Urban Minor Arterial, an appropriate means of access for a
medium large residential development. The site preserves an existing residence on the site, an
established feature of the neighborhood. See Policy UL.2.12 of Comprehensive Plan. The
proposal will help create an urban area with a variety and mix of housing types and prices in
residential areas, as recommended by Policy UL.8.1 and Goal UL.8 of the Comprehensive Plan
for the Low Density Residential category.
36. The project will be provided with urban services, including public sewer, which services
typically command urban densities for a residential project in order to be financially feasible.
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Surrounding properties,which are zoned UR-3.5 or UR-7, can be divided and developed to the
urban densities permitted under such zones, subject to the provision of urban services thereto.
37. A neighboring property owner submitted hearsay evidence at the public hearing of a
realtor's opinion that the housing in the project would adversely impact the values of neighboring
properties. However, competent evidence of an appraisal nature,with before and after values,
needed to support a finding that the project would have any significant adverse impact on
property values in the area, was not submitted. Further, the Comprehensive Plan supports a
variety and mix of housing types and prices in residential areas.
38. The City Phase I Development Regulations do not require direct concurrency for schools,
parks, police or fire protection. The City's Capital Facilities Plan shows declining growth
expected in the district between 2000 and 2006, and expected surpluses in capacity in the
district's middle schools and elementary schools in 2006. Two new high schools have been
constructed in the district since adoption of the Capital Facilities Plan. The District is currently
looking for a site for a new elementary school in the area.
39. Central Valley School District was contacted regarding the project,but did not submit any
comments. The record indicates that there is adequate school capacity in the district to serve the
future students in the project at the time of buildout, although some children may need to be
bussed to elementary or middle schools,within the district,that are not the closest public schools
to the site.
40. The Staff Report states that the City has not yet adopted implementing standards in regard
to providing fully connected streets, and that a definitive test does not exist to measure the
consistency of the current project with the Comprehensive Plan recommending an integrated
public street system.
41. 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. The Plan recommends that
street,pedestrian path and bike path standards be developed for land use projects that contribute
to a system of fully connected routes. See Policies UL.2.22 and UL.3.2 (h).
42. Policy T.3e.l of the Comprehensive Plan recommends that the 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. Policy T.3e.8 recommends the
development of street,pedestrian path and bike path standards that contribute to a system of fully
connected routes.
}
43. The 2001 Road Standards authorize the City Engineer to plan transportation systems in the
City based on certain guidelines and standards set forth in the 2001 Road Standards. The
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standards authorize the use of private roads in new subdivisions, subject to certain requirements.
This includes a requirement that private roads not obstruct public road circulation.
44. The guidelines set forth in the 2001 Road Standards include, without limitation, 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.
45. City Engineering conditions of approval require the applicant to pave Fourth Avenue to a
width of 15 feet from centerline, and add curb, gutter, sidewalk and a planting strip, adjacent to
the site. Such conditions also require the applicant to pave Hodges Road to a width of 22 feet
from centerline, and add curb, gutter, sidewalk and a planting strip, adjacent to the site; and to
dedicate six (6) feet of the site along such road for right of way purposes.
46. City Engineering conditions of approval require the applicant to make off-site
improvements by paving Hodges Road between the site and Sprague Avenue to a minimum
width of 24 feet. Such paving is required to be a regular asphalt surface,unless the applicant
extends public sewer in Hodges Road, in which case the applicant may install a light bituminous
surface consisting of at least two (2) applications of oil and a minimum thickness of two (2)
inches.
47. The purpose of the light bituminous surface is to allow sewer connections by adjoining
properties to be made in the future without having to cut pavement,which weakens an asphalt
surface. The construction of a light bituminous surface for Hodges Road north of Fourth Avenue
is considered less likely than asphalt paving, due to the cost of extending public sewer to the
project up Hodges Road versus extending public sewer via Eighth Avenue. Once such road
improvements are constructed, the City would assume responsibility for maintenance of the
roadways.
48. The traffic analysis submitted for the project indicates that if Hodges Road is improved
north of the site, as requested by City Engineering,approximately half of the traffic generated by
the project would access the site via Hodges Road, 10%would access the site via Micaview
Drive to the east, and the remaining traffic would access the site via Fourth Avenue.
49. The City Engineer testified that while Fourth Avenue is not currently paved to a standard
width, the project would not significantly impact traffic capacity and safety along such roadway;
that off-site improvements to Fourth Avenue are not justified; and that improvements to Fourth
Avenue west of the site will eventually be made as the area develops. The site is not within
convenient walking distance of Greenacres Elementary or Greenacres Junior High, the closest
public schools.
50. The City Engineer also testified that the project would not have significant impact traffic
impacts on Micaview Road or Henry Road to the east.
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51. Competent evidence of a traffic engineering nature was not submitted to rebut the traffic
analysis submitted for the project, or the expert opinions and recommendations of the City
Engineer. It accordingly has been established that the proposal, as conditioned,will not have any
significant adverse impacts on levels of service for the transportation network serving the project,
or on traffic safety.
52. The proposal makes adequate provision for future connections to public roads, such as
Eighth Avenue and Hodges Road. The applicant does not own land extending to Eighth Avenue
that would allow a connection of the project to such property.
53. The proposed public road accesses to Fourth Avenue and Hodges Road do not lie directly
across from residences on the other side of the street,but lie opposite the unimproved portions of
residential lots. This lessens the impact from car headlights on such residences as much as
possible. The proposed Sixth Avenue access to Hodges Road would appear to allow better
traffic circulation within the project than a connection point opposite Micaview Drive.
54. The City Traffic Engineer testified that access to both Fourth Avenue and Hodges Road is
needed to assure adequate traffic circulation for the project. The City Engineer also testified that
placing the public road access to Hodges Road across from the intersection of Micaview Road
and Hodges Road is not desirable, for safety reasons,because Hodges Road is a Minor Arterial
and Micaview Road is a Local Access road.
55. Stop signs may be required by the City at the adjacent road intersections,where deemed
appropriate by the authorizing authority for the City.
56. The design, shape, size and orientation of lots in the preliminary plat are appropriate for the
proposed use of such lots, and the developing 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.
57. 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.
58. The sewer and water purveyors respectively certified that public sewer and water are
available to serve the project. The proposal meets the sewer,water and transportation
concurrency requirements of the Phase I Development Regulations.
59. Spokane County Fire District#1 requested the installation of four(4)new fire hydrants to
serve the proposal, and indicated that the roads drawn on the preliminary plat map were adequate
for fire access.
60. The Examiner concurs with the analysis in the Staff Report, regarding the consistency of
the project with the Comprehensive Plan and applicable development regulations, as
supplemented herein.
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61. 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 is adequate.
62. The Examiner has revised the conditions of approval to remove redundancies, and deleted
conditions of approval that simply reiterate the requirements of the Interim Subdivision
Ordinance and UR-3.5 zone.
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 Interim
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,noise and dust emissions, sanitary wastes,potable water
supplies, easements, utilities,planning features, and all other relevant facts as specified in RCW
58.17.110 and the City Interim Subdivision Ordinance.
3. The preliminary plat, as conditioned,meets the general design and other requirements listed
in Chapter 12.400 of the City Interim Subdivision Ordinance for a proposed subdivision.
4. The proposal, as conditioned, complies with the UR-3.5 zone, the City Interim Zoning
Code, the City Interim Subdivision Ordinance and other applicable development regulations.
5. 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.
6. Approval of the subject application is appropriate under the City Zoning Code and City
Ordinance No 57, as amended.
III. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject application for a
preliminary plat is 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.
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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.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT:
1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant",
which term shall include the owners and developers of the property, and their heirs, assigns and
successors.
2. The final plat shall be designed substantially in conformance to the preliminary plat map of
record submitted on December 5, 2003, subject to compliance with conditions of approval and
development regulations.
3. Pursuant to Section 12.100.120 (Modifications), any request for a modification to the
preliminary plat shall be submitted to the Department of Community.Development for review
and approval.
4. The applicant shall submit a final plat for review and approval by the Department of
Community Development. The final plat shall comply with all applicable requirements of the
City Interim Subdivision Ordinance, City Interim Zoning Code and other development
regulations.
5. Pursuant to Section 12.400.132 of the Interim Subdivision Ordinance, all utilities within the
final plat shall be underground. Any request for a waiver of such requirement shall be submitted
in writing to the Department Director and provide a detailed explanation of the conditions,
physical or otherwise, that make underground installation impractical.
6. The final plat dedication shall state: "All lots within this plat shall comply with the
building setback requirements,maximum building height, maximum building coverage and other
development standards of the UR-3.5 zone or successor zone at the time of building permit
application."
7. Prior to the issuance of building permits, the applicant shall submit evidence of a
recorded Title Notice for each parcel of land within the final plat, specifying that the City of
Spokane Valley is not responsible for any road maintenance of private roadways within the
plat.
8. All future development within the final plat shall comply with the standards specified in
Section 14.616.300 through Section 14.616.355 of the Interim Zoning Code, except as
otherwise authorized through the application of the P.U.D. Overlay zone to the subject
property.
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9. Pursuant to Section 12.400.132 (Utilities) of the Interim Subdivision Ordinance, the final
plat shall specify easements inclusive of location and width for electric, water, sewer, gas and
similar utilities.
10. Pursuant to Section 12.400.134 (Professional Land Surveyor) of the Interim Subdivision
Ordinance, the final plat shall be prepared by or under the supervision of a professional land
surveyor, who shall certify on the final plat that it is a true and correct representation of the lands
actually surveyed. All surveys shall comply with the Survey Recording Act (RCW 58.09),
Survey and Land Descriptions (WAC-332-130), and the City Interim Standards for Road and
Sewer Construction, as amended.
11. 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.
12. Pursuant to Section 12.400.144 (Filing) of the Interim Subdivision Ordinance, the
Department shall record the final plat with the Spokane County Auditor's Office upon receipt
of all required signatures on the face of the plat. Prior to such recording, the applicant shall
submit all required recording fees, including appropriate fees to pay for the cost of three (3)
copies of the recorded fmal plat for distribution to the City of Spokane Valley Planning,
Engineering and Building Divisions.
13. Pursuant to Section 12.400.138 (Monumentation) of the Interim Subdivision Ordinance,
monumentation shall be established as required by the City Interim Standards for Road and
Sewer Construction, as amended. Every lot corner shall be 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 each lot corner shall be marked with a wooden stake.
14. The applicant, including all building contractors, shall comply with the following hours of
on-site construction to reduce noise impacts to surrounding properties, 1) between 7:00 a.m. and
9:00 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.
15. 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
the Department within a maximum period of twenty-four (24) hours from the time of said
discovery.
16. During any and all on-site construction, the applicant, including all building contractors,
shall control and limit all on-site dust pursuant to applicable regulations of the Spokane County
Air Pollution Control Authority pertaining to construction methods and construction vehicles.
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17. The final plat shall update the proposed north-south public street names from Lane to Road,
except that the proposed private road serving Lots 1-9 of Block 7 shall be authorized to use Lane
as a result of its private road status.
18. The applicant shall submit evidence of a recorded Title Notice for each parcel of land
within the plat, specifying that the City of Spokane Valley is not responsible for any road
maintenance of private roadways within the plat.
19. If fire flow does not meet minimum requirements, proposed buildings shall install
automatic fire sprinkler systems.
20. Pursuant to Section 12.100.116 of the Interim Subdivision Ordinance, the Preliminary Plat
shall automatically expire, and shall become null and void, five (5)years and one day from the
date of this decision, on December 25, 2008; unless a time extension application and supporting
data are submitted to the Department at least thirty(30) days prior to said expiration date, and
such application is approved by the City.
21. The Division of Current Planning shall prepare and record a Title Notice with the Spokane
County Auditor,noting that the property in question is subject to a variety of special conditions
imposed as a result of approval of a land use action. The Title Notice shall serve as public notice
of the conditions of approval affecting the property in question. The Title Notice should be
recorded within the same time frame as allowed for an appeal and shall only be released, in full
or in part,by the Department of Community Development. The Title Notice shall generally
provide as follows:
"The parcel of property legally described as [insert legal description] is the
subject of a land use action by the City of Spokane Valley Hearing Examiner on
December 24, 2003, approving a preliminary plat and imposing various
development conditions. File No. SUB-13-03, relating to such approval, is
available for inspection and copying in the City of Spokane Valley Department of
Community Development."
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT-ENGINEERING DIVISION:
Prior to or during construction, or final plat approval, as applicable:
22. A Professional Engineer licensed in the State of Washington shall, prior to construction
authorization by the City Engineer, submit final roadway and drainage plans and a drainage
report, including calculations that conform to the City's Interim Standards for Road and Sewer
Construction and the City's Interim Guidelines for Stormwater Management, and all other
federal, state and local requirements.
23. Permits shall be required for any access to or work within the right-of-way of the City of
Spokane Valley roadway system. All new permits shall conform to the City Interim Road and
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Sewer Standards for new driveway access approaches. All work shall be subject to inspection
and approval by the City Engineer or designee.
24. The applicant shall submit engineering plans pertaining to stormwater drainage that specify
the location, numeric or alphabetical reference,size (in square feet) and any other intended uses
of easements or tracts for drainage purposes.
25. A Temporary Erosion and Sedimentations Control (TESC)plan, prepared by a Washington
State licensed Professional Engineer, shall be submitted for review and approval to the City of
Spokane Valley Public Works Department prior to any construction. The TESC plan shall be
prepared using best management practices (BMP's) currently accepted within the Civil
Engineering profession. The TESC plan shall follow Spokane Valley regulations, as set forth in
the 2001 Edition of the Spokane County Standards for Road and Sewer Construction, the 1998
Spokane County Guidelines for Stormwater Management Spokane County, and other applicable
federal, state and local regulations.
26. Prior to construction plan acceptance by the City Engineer, the applicant 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 systems. The
manual shall specify the recommended individual monthly homeowner financial assessment to
accomplish the identified maintenance and replacement tasks.
27. The Temporary Erosion and Sedimentations Control (TESC) plan shall be implemented
throughout the duration of any construction. The TESC structures, such as silt ponds or 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. Each BMP shall be inspected after
each rainfall event or every 24 hours during an event.
28. The applicant is advised that there may be existing utilities either underground or overhead
affecting the applicant's property, including property to be dedicated or set aside for future
acquisition. Spokane Valley will assume no financial obligation for adjustments or relocation
regarding these utilities. The applicant shall contact all applicable utility companies regarding
the responsibility for adjustment or relocation costs and to make arrangements for any necessary
work.
29. 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 No construction work is to be performed within the existing or
proposed public right-of-way until the City Engineer has issued a permit.
HE Findings, Conclusions and Decision SUB-13-03 Page 13
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30. The applicant shall submit an Illumination plan for the on-site streets and public streets, for
review and approval by the City Engineer.
31. The applicant shall specify all existing and proposed informational and directional signage
on the submitted roadway or drainage engineering plans.
32. The final plat shall specify public streets within the plat as either Streets or Avenues
depending on their geographical orientation. •
33. The applicant shall construct frontage improvements along the entire portion of the plat
abutting Fourth Avenue consisting of fifteen (15) feet of asphalt from centerline to property
frontage,a two (2) foot wide curb and gutter, a seven (7) foot to ten(10) foot wide planter strip
and a five(5) foot wide sidewalk.
34. The applicant shall construct frontage improvements along the entire portion of the plat
abutting Hodges Road consisting of twenty-two (22) feet of asphalt from centerline of property
frontage, a two (2) foot wide curb and gutter, a seven (7) foot to ten (10) foot wide planter strip
and a five (5) foot wide sidewalk.
35. The final plat shall dedicate six (6) feet of road right-of-way along the entire portion of the
plat abutting Hodges Road.
36. The final plat shall establish a ten (10) foot wide to thirteen (13) foot border easement
along the entire portion of the plat abutting Hodges Road, with the actual width of the border
easement to be determined during the City's engineering review and approval process.
37. The applicant shall construct off-site improvements to the portion of Hodges Road
between Fourth Avenue and Sprague Avenue consisting of a minimum 24 foot wide asphalt
pavement surface with a minimum structural section of two (2) inches ACP over six (6) inches
of crushed surfacing base course centered within the existing road right-of-way. The street
design shall follow the Spokane Valley Interim Road and Sewer Standards for road geometry.
An alternative surfacing of Light Bituminous Surface Treatment may be acceptable if the
developer constructs sanitary sewer within the Hodges Road right-of-way between Fourth
Avenue and Sprague Avenue. The LBST shall consist of no less than two (2) applications of oil
and shall have a minimum thickness of six (6) inches.
38. 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 network and associated facilities including but not limited to
stormwater drainage facilities. The HOA shall fund the routine maintenance and the replacement
of the various street and stormwater systems at the end of the service life of the respective
components, and any other improvements that may be legally required in the future.
39. The final plat dedication shall state: "The City of Spokane Valley is not responsible for
any road maintenance of private roadways within the plat. All road maintenance is the
HE Findings,Conclusions and Decision SUB-13-03 Page 14
perpetual responsibility of a Homeowner's Association, if formed, or individual property
owners within the plat."
40. The applicant shall submit a written agreement specifying that recorded Title Notices
shall be prepared and submitted to the City of Spokane Valley for each lot at time of building
permit application. The Title Notices shall specify that the City of Spokane Valley is not
responsible for any road maintenance of private roadways within the plat.
41. The final plat shall specify 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.
42. The final plat dedication shall state:
"Drainage easements, as platted and shown on this plat, which are for the purpose
of conveying and storing stormwater runoff, and for installing, operating and
maintaining drainage ponds and drainage facilities that dispose of and treat
stormwater runoff, are hereby granted to the City of the Spokane Valley. The
drainage easements are located on [Note: location to be
determined at the 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 does not accept the responsibility to inspect or maintain
drainage facilities located outside of public rights-of-way, except in cases where
the City specifically assumes that responsibility in writing. The City also does not
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 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
HE Findings, Conclusions and Decision SUB-13-03 Page 15
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 dry land 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 that 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 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 with the City Engineer, the City Engineer may give
notice of such failure to the lot owners. If not corrected within the period indicated
on said notice, the City has the right to correct the maintenance failure, or have it
corrected, at the expense of the lot owners.
The City of Spokane Valley is responsible for maintaining the stormwater facilities
located within the public right of way as shown in the final plat documents.
Maintenance shall include cleaning the structures,pipes, and drywells.
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 with the City Engineer.
The approval of the City Engineer is required before any changes are made to the
approved road and drainage plans.
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 should be expected, and during
HE Findings, Conclusions and Decision SUB-13-03 Page 16
snowmelt 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 REGIONAL HEALTH DISTRICT:
43. The final plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
44. Appropriate utility easements shall be indicated on copies of the preliminary plat of record,
for distribution by the Current Planning Division of the City of Spokane Valley Department of
Community Development to the utility companies,the City of Spokane Valley Engineer and the
Spokane Regional Health District. Written approval of the easements by the utility companies
must be received prior to the submittal of the final plat.
45. The sewage disposal method in the final plat shall be as authorized by the Director of
Utilities, Spokane County.
46. Water service for the final plat shall be coordinated through the Director of Utilities,
Spokane County.
47. The use of private wells and water systems in the final plat shall be prohibited.
48. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
49. Prior to filing the final plat, the applicant shall demonstrate to the satisfaction of the Health
District that an adequate and potable water supply is available to each lot of the plat.
50. Prior to filing the final plat, the applicant shall present evidence to the Spokane Regional
Health District that the plat lies within the recorded service area of the water system proposed to
serve the plat.
51. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection use must be approved by the water purveyor, and by the fire protection district and the
appropriate health authorities. Prior to the filing of the final plat, the health authorities,water
supplier(purveyor), and the fire protection district shall certify on the face of said water plan that •
the plan is in conformance with their requirements and will adequately satisfy their respective
HE Findings, Conclusions and Decision SUB-13-03 Page 17
needs. Said water plan and certification will be drafted on a transparency suitable for
reproductions.
52. The water purveyor shall 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 shall include a provision holding the City of Spokane Valley Public
Works Department, 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.
53. A public sewer system shall be made available for the project and individual service shall
be provided to each lot prior to sale. The use of individual on-site sewage systems shall not be
authorized.
54. The applicant shall submit to the Spokane Valley Community Development Department
written approval by applicable public and private utility companies of the easements indicated on
the face of the final plat.
55. The final plat dedication shall state: "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."
56. The final plat dedication shall state: "The use of private wells and water systems is
prohibited."
57. The final plat dedication shall state: "The public water system, pursuant to the Water Plan
approved by Regional and State heath authorities, the local fire protection district, the City of
Spokane Valley 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 COUNTY DIVISION OF UTILITIES:
58. The final plat dedication shall state: "Public sewers shall be constructed to provide for the
connection of each parcel to the County's system of sewerage. The uses on properties within the
final plat shall be required to connect to the sewer and pay applicable charges per the County
Sewer Ordinance. Sewer connection permits shall be required."
59. The final plat dedication shall state: "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, and its successors and assigns, at all times
HE Findings, Conclusions and Decision SUB-13-03 Page 18
hereinafter, at their own cost and expense, may remove all crops, brush, grass or trees that may
interfere with the constructing, installing, operating, maintaining, repairing, altering, replacing,
removing and all other uses or purposes which are related to a sewer system. The Grantor(s)
reserves the right to use and enjoy that property, which is the subject of this easement, for
purposes which will not interfere with the County's full enjoyment of the rights hereby granted;
provided, the Grantor(s) shall not erect or construct any building or other structure or drill on the
easement, or diminish or substantially add to the ground cover over the easement. The easement
described hereinabove is to and shall run with the land."
60. 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.
61. Sewer plans acceptable to the County shall be submitted prior to the approval of the Sewer
Design Plans.
62. Security for the construction of the public sewer connection and facilities and for the
prescribed warranty period shall be deposited with the Division of Utilities. Security shall be in a
form acceptable to the Division of Utilities and in accordance with the Spokane County Sanitary
Sewer Ordinance. Such security shall be submitted to the Division prior to the approval of the
Sewer Design Plans.
63. The applicant shall submit to the Division of Utilities the required application with the
$100.00 planning action fee, a copy of the receipt therefore and a copy of the completed Sewer
Availability form.
64. Any water service for the project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE VALLEY FIRE PROTECTION DISTRICT 1:
65. The applicant shall install a total of four (4) fire hydrants at the following locations: a)
southwest corner of Sixth Avenue and proposed Hodges Lane (to be renamed); 2) southeast
corner of Sixth Avenue and proposed Grady. Lane (to be renamed); 3) southeast corner of 7th
Avenue and proposed Holiday Lane; and 4) on the lot lines of lots 18 and 19 of Block 2.
66. The applicant shall submit a final plat specifying the following internal road name changes:
1) Holiday Lane to Michigan Street; 2) Grady Lane to Holiday Street; 3) Grady Lane for the
private road easement serving Lots 1-9 of Block 7; Hodges Lane shall be changed to a name of
the applicants choice provided that it does not exist in other parts of Spokane County and
incorporates street into the street name.
HE Findings, Conclusions and Decision SUB-13-03 Page 19
CONSOLIDATED IRRIGATION DISTRICT NO. 19:
67. The applicant shall construct connections to existing water lines in 4th Avenue, Hodges
Road; and if determined necessary by the District during review of the required water plan, in
Eighth Avenue in order to provide adequate flow.
68. The applicant shall submit to the District a water plan for review and approval by the
District and Spokane Valley Fire Department.
AVISTA UTILITIES:
69. The final plat shall specify the provision of a minimum ten (10) foot wide easement along
the entire Hodges Road eastern perimeter boundary of the plat for an existing natural gas
pipeline.
70. The final plat shall specify the provision of a minimum ten (10) foot wide easement along
the entire 4th Avenue northern perimeter boundary of the plat for an existing overhead electrical
distribution line.
71. The final plat shall specify the provision of minimum ten (10) foot wide easements for
utilities adjacent to, adjoining and contiguous with all public and private roads lying within the
plat.
72. The final plat dedication shall contain the following note: "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 the same.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
73. 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.
74. 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.
75. Debris generated as a result of this project shall be disposed of by means other than
burning.
HE Findings, Conclusions and Decision SUB-13-03 Page 20
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76. SCAPCA strongly recommends that all traveled surfaces (i.e. ingress, egress,parking areas,
access roads, etc.)be paved and kept clean to minimize dust emissions.
77. If objectionable odors result from this project, effective control apparatus and measures
shall be taken to reduce odors to a minimum.
78. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
79. A Notice of Construction and Application for Approval is required to 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.
80. A Notice of Intent must be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site Contact SCAPCA for a Notice of Intent application.
DATED this 24th day of December, 2003
CITY HEARING EXAMINER PRO TEM
. „.ivr0
Michael C. Dempsey, WSBA#82
HE Findings, Conclusions and Decision SUB-13-03 Page 21
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City Ordinance No. 57, as amended by City Ordinance No. 03-081, the decision of
the Hearing Examiner on an application for a preliminary plat zone is final and conclusive unless
within twenty-one (21) calendar days from the issuance of the Examiner's decision,a party with
standing files a land use petition in superior court pursuant to chapter 36.70C RCW. Pursuant to
chapter 36.70C RCW, the date of issuance of the Hearing Examiner's decision is three(3) days after
it is mailed.
This Decision was mailed by Certified Mail to the Applicant, and by first class mail to other
parties of record, on December 24, 2003. The date of issuance of the Hearing Examiner's decision
is therefore December 29, 2003,counting to the next business day when the last day for mailing
falls on a weekend or holiday. THE LAST DAY FOR APPEAL OF THIS DECISION TO
SUPERIOR COURT BY LAND USE PETITION IS JANUARY 19,2004.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner, Third Floor,Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245, (509)477-7490. The file may be
inspected during normal working hours, listed as Monday-Friday of each week, except holidays,
between the hours of 8:30 a.m. and 5:00 p.m. Copies of the documents in the record will be
made available at the cost set by Spokane County 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 SUB-13-03 Page 22