SUB-12-03_PUD-5-03 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Preliminary Plat of Hill's Haven Estates, and )
Planned Unit Development (PUD) Overlay ) FINDINGS OF FACT,
Zone, in the Urban Residential-7 (UR-7)Zone; ) CONCLUSIONS OF LAW,
Applicant: Greg Arger ) AND DECISION
File No. SUB-12-03/PUD--5-03
This matter coming on for public hearing on November 20, 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 subject applications seek approval of the preliminary plat of Hill's Haven Estates, to
subdivide approximately 4.93 acres of land into 4 two-family(duplex) lots, 14 lots for single-
family dwellings, and 3 common open space tracts; and an associated Planned Unit Development
(PUD) Overlay zone; in the Urban Residential-7 (UR-7)zone.
2. The site is located between Eighth and 10th Avenues, south of the intersection of Eighth
Avenue and Rees Road, within the SW 1/4 of Section 23, Township 25 North, Range 44 EWM,
Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45233.0402, and has an
address of 14306 E. 8th Avenue, Spokane Valley, Washington. The site is legally described as
the West %2 of Tract 147, of Vera,per plat recorded in Volume "0"of Plats, Page 30,records of
Spokane County Auditor, in Spokane County, Washington.
4. The applicant for the proposal is Greg Arger, 300 N. Mullan Rd., Suite 204, Spokane
Valley, WA 99216. The site owner is Ethyl Sullivan Hill Estate c/o Marilyn Feather, 13702 E.
12th Avenue, Spokane Valley, WA 99201.
5. On June 23, 2003, the applicant submitted complete applications for a preliminary plat,
PUD Overlay zone, zone reclassification from the Urban Residential-3.5 (UR-3.5)zone to the
UR-7 zone, and certain variances; in File No. SUB-12-03/PUD-5-03/REZ-9-03/VAR-3-03. On
June 25, 2003, the applicant submitted a revised preliminary plat map/PUD site plan.
6. On July 8, 2003,the Spokane Valley Department of Community Development issued a
Mitigated Determination of Nonsignificance (MDNS) for the proposal in File No SUB-12-
03/PUD-5-03/REZ-9-03/VAR-3-03.
7. On July 24, 2003, the Hearing Examiner held a public hearing on the proposal in File No
SUB-12-03/PUD-5-03/REZ-9-03/VAR-3-03. The Examiner conducted a site visit on July 22,
\ 2003.
HE Findings, Conclusions and Decision SUB-12-03/PUD-5-03 Page 1
0
8. On September 4, 2003, the Examiner entered a written decision in File No. SUB-12-
03/PUD-5-03/REZ-9-03/VAR-3-03. The decision approved the application for a zone
reclassification, denied the proposed variances, and returned the applications for a preliminary
plat and PUD Overlay zone to the applicant for modification, subject to certain conditions. The
decision was not appealed.
9. On October 8, 2003, the applicant submitted a revised preliminary plat map and preliminary
PUD site plan in File No. SUB-12-03/PUD-5-03 on two (2)plan sheets.
10. The revised map/plan illustrates four(4) duplex lots in the north end of the project, ranging
in size from 12,585 square feet to 16,593 square feet; and 14 single-family dwelling lots,ranging
in size from 7,147 square feet to 8,214 square feet. The revised map/plan shows a common open
space tract of 12,585.1 square feet in the extreme south end of the site, and common open space
tracts of 3,126.1 square feet and 4,019.1 square feet in the extreme north end of the subject
property.
11. The revised map/plan illustrate the internal road in the project as a 30-foot wide private
road, including a 5-foot wide pedestrian lane on one (1) side adjacent to a 24-foot wide drive
lane. Four(4)picnic tables and landscaping are shown in the southerly common open space
tract. Landscaping and a decorative entry into the subdivision are illustrated in the northerly
common open space tracts. A 6-foot high cedar fence is proposed along the south, east and west
boundaries of the site,and along the south boundary of the northerly common open space tracts.
Typical dwelling units, and building facades illustrating elevation profiles, are shown on the
revised PUD site plan.
12. The revised map/plan illustrate a 6-foot wide concrete sidewalk and curb, asphalt pavement
improvements, and right of way dedication along the frontage of the site with Eighth Avenue.
13. On October 27, 2003, the Department of Community Development held a second technical
review meeting on the proposal, as revised on October 8, 2003.
14. On November 10, 2003,the applicant submitted an alternate plan for the project, which
illustrates the potential dedication of the southerly 19 feet of the site to the City of Spokane
Valley for 10th Avenue, and the resulting reduction of 6,298.5 square feet in the area of common
open space Tract"C". The alternate plan illustrates a new common open space tract of
approximately 2,700 square feet(30 feet by 90 feet) in the northeast corner of the site, lying
directly south of the east end of common open space Tract"B".
15. On November 13, 2003, the Department of Community of Development advised the
applicant that it might request a continuance of the hearing scheduled for November 20, 2003, to
allow additional environmental review and analysis on the revised map/plan.
16. On November 14, 2003, the City Traffic Engineer submitted revised conditions of approval
for the revised project. The conditions requested frontage improvements (curb, asphalt widening
and 5-foot wide sidewalk), the dedication of one (1) foot of right of way, and the reservation of a
10-13 foot border easement along the frontage of the site with Eighth Avenue. The revised
HE Findings, Conclusions and Decision SUB-12-03/PUD-5-03 Page 2
conditions also requested the dedication of 19 feet of right of way along the frontage of the site
with 10t1'Avenue, and the installation of a separated pedestrian pathway or concrete sidewalk
along the internal private road.
17. On November 17, the Department of Community Development submitted an updated staff
report to the Examiner regarding the revised project. The staff report recommended that the
Examiner continue the hearing until December 18, 2003,to allow an environmental threshold
determination to be issued for the revised project, in order to address the changes to road
dedication and access from the original proposal heard on July 24, 2003.
18. On November 20, 2003, the Examiner conducted a public hearing on the revised proposal
in File No. SUB-12-03/PUD-5-03. The Examiner heard the revised proposal pursuant to the City
Ordinance No. 57 and the City Hearing Examiner Rules of Procedure.
19. The following persons testified at the public hearing:
Micki Harnois, Community Development Sandra Raskell, Traffic Engineering
City Of Spokane Valley City Of Spokane Valley
11707 E Sprague Ave 11707 E Sprague Ave Ste 106
Spokane Valley, WA 99206-6110 Spokane Valley, WA 99206-6124
Greg Arger Prokey Arger
300 N Mullan Rd Ste 204 300 N Mullan Rd Ste 204
Spokane Valley, WA 99206-6806 Spokane Valley, WA 99206-6806
Don Ramsey Brian McGinn
Traffic Engineer Winston& Cashatt
City of Spokane Valley 601 W Riverside Ave Ste 1900
11707 E. Sprague Avenue Spokane, WA 99201-0695
Spokane Valley, WA 99206-6110
Kevin Snyder, Manager Ken Geibel
Current Planning 110 W Cataldo Ave
City of Spokane Valley Spokane, WA 99201-3206
11707 E. Sprague Avenue
Spokane Valley, WA 99206-6110
20. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code,.
City Subdivision Ordinance, 2001 Spokane County Standards for Road and Sewer Construction
(adopted by City), City Code, other applicable development regulations, and prior land use
decisions in the vicinity.
21. The record includes the documents in File No. SUB-12-03/PUD-5-03/REZ-9-03/VAR-3-03
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.
HE Findings, Conclusions and Decision SUB-12-03/PUD-5-03 Page 3
0
22. At the public hearing, the Examiner denied the request by City staff to continue the matter
until December 18, 2003. At the conclusion of the public hearing, the Examiner rendered an oral
decision to approve the preliminary plat and PUD Overlay zone, subject to the revisions to the
preliminary plat map submitted on November 10, 2003, the recommended conditions of
approval, and the entry of a written decision. The oral decision required the applicant to install a
6-foot wide sidewalk, inclusive of curb, adjacent to a 24-foot wide traveled way of the internal
private road in the revised project. The applicant concurred with such requirement at the public
hearing.
23. The site is 4.93 acres in size,relatively flat in topography, and slopes gently from north to
south. An existing home,which is currently being occupied, and a detached garage are located in
the northwest corner of the site, with access off Eighth Avenue. A barbed wire fence is found
along the west boundary of the site.
24. On June 28, 2001,the Hearing Examiner approved a preliminary plat to subdivide the site
into 14 lots for single-family dwellings, under the UR-3.5 zone. See decision in County File No.
PE-1884-01. The preliminary plat was never finalized.
25. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA)boundaries and Phase I Development Regulations,pursuant to the
GMA. The Phase I Development Regulations designated the site and area in the UGA, and
retained the zoning of the site and neighboring properties.
26. On March 31, 2003,the subject property and surrounding land were officially incorporated
into the City of Spokane Valley. On the same date,the City adopted by reference the County
Comprehensive Plan, Subdivision Ordinance,Zoning Code, Phase I Development Regulations,
Hearing Examiner Rules of Procedure, and other development regulations,with certain revisions.
The City also adopted a hearing examiner ordinance.
27. The land surrounding the site is zoned UR-3.5, except for four(4) lots zoned UR-7 lying
directly north and northeast of the site across Eighth Avenue,which are developed for"zero lot
line"duplexes. The residential subdivision located directly east of the site, which was platted in
1985, is of the same size as the proposal, developed with duplexes on 28 lots, and has a density
(net) of 6.88 dwelling units per acre. The residential subdivision located directly west of the site
is divided into lots slightly larger than those in the proposal, and is developed with single-family
residences.
28. The land lying southerly of the site is developed with single-family residences on parcels of
various size, including both urban-sized and acreage parcels. Two single-family dwelling lots
located directly south of the west half of the site, across 10th Avenue,were created through a 3-
lot short plat (SP-1233-00) that was recorded on September 1, 2000. Such lots are somewhat
larger than the proposed lots in the current project.
29. The Comprehensive Plan designates Eighth Avenue adjacent to the site and Adams Road to
the east as Urban Minor Arterials, and designates Evergreen Road to the west as an Urban -
Principal Arterial. Evergreen Road, north of Sprague Avenue,was widened a few years ago to a
HE Findings, Conclusions and Decision SUB-12-03/PUD-5-03 Page 4
5-lane section, including center turn lane; and at the same time a new freeway interchange was
installed at Evergreen Road and Interstate 90.
30. The City intends to improve Evergreen Road south of Sprague Avenue in the near future,
including widening such road to a 5-lane section south of Eighth Avenue, and to a 3-lane road
section between Eighth and 16th Avenues. This would include the addition of curb and sidewalk.
31. Evergreen Road and Eighth Avenue in the vicinity are currently 2-lane paved roads,
without curb or sidewalk, except along the frontage of the duplex subdivision located directly
east of the site. The right of way for 10th Avenue west of the site is only 25 feet wide, unpaved
and currently closed to public travel west of Best Road. The right of way for 10th Avenue tapers
from a width of 50 feet to 25 feet from the southwest corner of the site to Calvin Road east of the
site; and is unpaved adjacent to the site, and between the site and Calvin Road.
32. The 10-foot wide dedication illustrated on the revised map/plan for Eighth Avenue is
inconsistent with the City Engineer's request for a l-foot dedication and an additional border
easement of 10-13 feet. The City's Engineer's request is consistent with the right of way
requirements for a 2-lane Minor Arterial under the 2001 Road Standards, and is controlling. This
reduction in dedication would increase the size of common open space Tracts "A"and`B"to
approximately 4,182 square feet and 5,249 square feet,respectively.
33. The net acreage of the revised project, for the purpose of determining the density(net) of
the revised project, is equal to the sum of the areas of the site to be dedicated for Eighth Avenue
(1 foot only) and 10th Avenue (19 feet),plus the area of the site underlying the 30-foot private
road right of way(a total of approximately.65 acres), subtracted from the gross acreage of the
site (4.93 acres). Such net acreage is approximately 4.28 acres of land.
34. The density(net) of the proposal,under the revised plan submitted on November 10, 2003,
and based on a net acreage of 4.28 acres, is 5.14 dwelling units per acre. This is less than the
density(net) of the original project of 5.31 dwelling units per acre. Such density(net) is also less
than the maximum residential density of six (6) dwelling units per acre allowed in the UR-7 zone
under the City's Phase I Development Regulations,pursuant to the recent rezone of the site to the.
UR-7 zone.
35. The revised map/site plan, under the alternate plan proposed on November 10, 2003, and
the enlargement of Tracts "A"and"B"if only one(1) foot of the frontage of the site is dedicated
for Eighth Avenue, would provide a total of approximately 22,780 square feet(.52 acres) of
common open space. The area of the PUD Overlay zone after right of way dedication for Eighth
and 10th Avenues is approximately 4.7 acres. The percent of common open space in the
proposed PUD Overlay zone is therefore 11%,which equals the minimum percentage of
common open space required in the PUD Overlay zone.
36. The revised map/plan proposes a front yard setback from the internal private road in the
proposal of 20 feet from the lot front line. This deviates from the minimum setback required in
the UR-7 zone outside of a PUD Overlay zone,which is 40 feet from the lot front line along the
HE Findings, Conclusions and Decision SUB-12-03/PUD-5-03 Page 5
internal private road. The PUD Overlay zone authorizes the Examiner to approve reduced
building setbacks if adequate light and air can be assured for all structures.
37. The City Department of Community Development stipulated at the public hearing that a
20-foot front yard setback along the internal private road would ensure adequate light and air for
all structures. A 20-foot front yard setback is also sufficient to allow vehicles to be parked in the
driveway of the lots developed along the internal private road in the project without encroaching
into the right of way. Further, the applicant plans to adopt covenants for the preliminary plat to
restrict parking along the internal private road. The reduced front yard setback proposed along
the internal private road appears is appropriate.
38. Neighboring property owners did not testify or submit letters regarding the revised
preliminary plat map/PUD site plan.
39. The primary issues presented at the public hearing involved the adequacy of traffic and
pedestrian circulation("connectivity")between Eighth and 10th Avenue through the site, and
pedestrian access along the internal private road in the proposal.
40. 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 PUDs and other land use projects
that contribute to a system of fully connected routes. See Policies UL.2.22 and UL.3.2(h)
41. Policy T.3e.1 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.
42. The 2001 Road Standards applicable to the revised project authorize the City Engineer to
plan transportation systems in the City based on certain guidelines and standards set forth in the
2001 Road Standards.
43. The guidelines set forth in the 2001 Road Standards include,without limitation,providing
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.
44. The guidelines set forth in the 2001 Road Standards do not require a secondary access road
to serve fire district vehicles in new subdivisions in the UR-7 zone, unless the number of lots is
HE Findings, Conclusions and Decision SUB-12-03/PUD-5-03 Page 6
0
equal to or greater than 50 lots, or the fire district concludes that an additional access road is
needed to ensure fire safety based on the layout and location of the development.
45. The 2001 Road Standards require the installation of curb, gutter and sidewalk on both sides
of a public road, including cul-de-sac roads 400 feet or greater in length measured from the
centerline of the intersecting street to the radius point of the cul-de-sac.
46. The 2001 Road 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.
47. 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) in a PUD project that 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.
48. Spokane County Fire District#1 requested that a fire hydrant be installed at the intersection
of the internal private road in the project(Rees Lane) and 10th Avenue,but otherwise indicated
that access would be adequate for the revised proposal. See letters dated October 29, 2003 and
May 28, 2003.
49. The Staff Report states that the City has not yet adopted implementing standards in regard
to providing fully connected streets, 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, and that City staff cannot require a cross street connection between the
proposal and the surrounding area. The Staff Report nevertheless encourages the Examiner and
the applicant to consider the provision of"appropriate cross-street connections within the
proposed plat."
50. The City Traffic Engineer testified that there was potential for 10th Avenue to eventually be
extended from Adams Road east to Evergreen Road, and that traffic and pedestrian circulation
would be enhanced in the vicinity if a public road was extended through the site between Eighth
and 10th Avenues. The applicant's traffic engineering consultant disputed the likelihood of such
future extension, and the need for a public road connection between Eighth and 10th Avenues.
51. The City Traffic Engineer indicated that the revised proposal would not provide much I;
increase in traffic along Eighth Avenue, and would not have any significant adverse impacts on
traffic circulation in the area.
52. The Examiner does not agree that City staff lacks the ability to require connectivity of cross
streets under existing City regulations in the appropriate case, and that no definitive test exists
with regard to such issue. While the 2001 Road Standards could be more specific on the issue of
connectivity, they do prohibit private roads from"obstructing public road circulation", and
authorize the City Engineer to consider the need for adequate vehicular and pedestrian access for
HE Findings, Conclusions and Decision SUB-12-03/PUD-5-03 Page 7
0
all parcels in reviewing proposed street systems. The PUD Overlay zone also authorizes City
staff to consider access to the road and pedestrian network outside a proposed PUD in approving
pedestrian circulation facilities for the PUD.
53. 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, adjacent to and west of the subject property.
54. Given the position taken in the Staff Report that a cross street connection cannot be
required between Eighth and 10th Avenues,the memorandum dated November 14, 2003 from
City Engineering which does not insist on such a connection,the apparent lack of objection from
the fire district, the existence of other cross connections between Eighth Avenue and 10th Avenue
one block both east and west of the site, and the applicant's agreement to dedicate 19 feet of land
along the frontage of the site, it would be inappropriate to deny the project based on the lack of a
cross connection between Eighth Avenue and 10th Avenue.
55. The Examiner agrees with the analysis of the City Engineer that the proposed striped
pathway along the internal public road does not adequately ensure pedestrian safety, and that a
separated pathway or concrete sidewalk separated by a curb from the 24-foot wide traveled way
of the private road is needed.
56. The project would be served with public sewer and water, and modern, underground
utilities. Vera Water and Power Company requested that the applicant provide a utility easement
and a water plan for the project,but certified that public water was available to serve the project.
57. The subject application meets the sewer and water concurrency requirements of the City's
Phase I Development Regulations.
58. The Phase I Development Regulations do not require direct concurrency for schools, parks,
police or fire protection. Central Valley School District was contacted regarding the project but
did not submit any comments. City Parks and Recreation did not comment on the project. Due
to its relatively small size, the revised proposal is unlikely to have a significant impact on City
parks and recreation facilities.
59. The UR-7 zone implements the Low Density Residential category of the Comprehensive
Plan. The density of the proposal is within the density range recommended by the Low Density
Residential category of 1-6 dwelling units per acre, and at least 4 dwelling units per acre in new
development. The site is located along a Minor Arterial, and has good access to the major
arterial systems in the area.
60. The preliminary PUD site plan submitted for the project, as revised by the alternate plan
submitted by the applicant on November 10, 2003, and subject to the installation of a concrete
sidewalk along the private road, complies with the requirements of Zoning Code 14.704.140 of
the Zoning Code, the design criteria set forth in Zoning Code 14.704.390, and the other
requirements of the PUD Overlay zone.
•
61. As conditioned, the proposal will not have more than a moderate effect on the quality of the
HE Findings, Conclusions and Decision SUB-12-03/PUD-5-03 Page 8
environment and will be reasonably compatible with neighboring land uses. The MDNS issued
for the original proposal is adequate for the revised proposal.
62. 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 PUD Overlay zone. This includes the extension
of public sewer to the area, adoption of the 2002 Comprehensive Plan and the Phase I
Development Regulations, designation of the site in the UGA, incorporation of the City of
Spokane Valley, and increased population growth in the area.
Based on the above findings of fact, the Hearing Examiner enters the following:
II. CONCLUSIONS OF LAW
1. The preliminary plat and dedication, as conditioned, conform to the City Comprehensive
Plan and will serve the public use and interest.
2. The preliminary plat and dedication, as conditioned,make appropriate provision for the
public health, safety and general welfare; and also make appropriate provision for open spaces,
roads, drainage ways, schools and school grounds,playgrounds,parks and recreation, sidewalks
for children who walk only to school, sanitary wastes,potable water supplies, easements,
utilities,planning features, and all other relevant facts as specified in RCW 58.17.110 and the
City Subdivision Ordinance.
3. The preliminary plat, as conditioned, meets the general design and other requirements listed
in Chapter 12.400 of the City Subdivision Ordinance for a proposed subdivision.
4. The proposed zone reclassification and PUD Overlay zone,as conditioned, conform to the
City Comprehensive Plan, and bear a substantial relationship to the public health, safety and
welfare.
5. A change in economic, technological, or land use conditions has occurred to warrant
approval of the proposed PUD Overlay zone. A substantial change of circumstances has
occurred in the area since the site was last zoned.
6. The proposed PUD Overlay zone, as conditioned,meets the criteria established by
Washington case law for approving a rezone.
7. The procedural requirements of the State Environmental Policy Act and the City's Local
Environmental Ordinance have been met.
8. The proposal, as conditioned, complies with the UR-7 zone, the PUD Overlay zone,the
County Zoning Code, the County Subdivision Ordinance and other applicable development
regulations.
HE Findings, Conclusions and Decision SUB-12-03/PUD-5-03 Page 9
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 57, as amended.
III. DECISION
Based on the Findings of Fact and Conclusions of Law above,the revised applications for a
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.
CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT,
CURRENT PLANNING
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 and final Planned Unit Development(PUD) site development plan shall be
designed substantially in conformance with the preliminary plat map/PUD site development plan
of record submitted on October 8, 2003, as modified by the alternate plan submitted by the
applicant on November 10, 2003, and as modified to reflect only one (1)foot dedication along
Eighth Avenue; 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 Current Planning Division for review and approval.
4. Prior to fmal plat approval,the applicant shall submit a fmal plat and final PUD site
development plan for review and approval by the Current Planning Division. The preliminary
plat and PUD Overlay zone shall expire five(5) years from the date of this decision,as provided
in the Subdivision Ordinance.
5. The final plat and final PUD shall comply with all applicable requirements of the
Subdivision Ordinance, Zoning Code and other development regulations.
HE Findings, Conclusions and Decision SUB-12-03/PUD-5-03 Page 10
6. The final preliminary plat/PUD shall not exceed a residential density(net) of six (6)
dwelling units per acre.
7. Prior to final plat approval, the applicant shall construct a minimum six (6)-foot concrete
sidewalk and curb along one (1)side of Rees Lane, which 6-foot width may be measured from
the outer face of the curb, in conformance to Section 14.704.380.3 of the City's Interim Zoning
Code. The final PUD site development plan shall specify the provision of such required
pedestrian facilities on its face.
8. The proposal shall comply with the required minimum setbacks of the Urban Residential-7
(UR-7) zone, except that the front yard setback along Rees Lane may be reduced to a distance of
20 feet from the lot front line.
9. The applicant and final plat/PUD shall comply with the conditions stated in the Mitigated
Determination of Nonsignificance (MDNS) issued in File No. SUB-12-03/PUD-5-03/REZ-9-
03/VAR-3-03 on July 8, 2003.
10. The final plat shall provide for the easements requested by Avista Utilities in its letter dated
October 23, 2003.
11. The Preliminary Plat and PUD Overlay zone shall expire five (5)years from the date of this
decision, on December 1, 2008; unless a time extension application and supporting data are
submitted to the Division of Current Planning at least thirty(30) days prior to said expiration
date, in accordance with the City Subdivision Ordinance, and the application is approved by the
City.
12. 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 the West Half of Tract 147 of Vera, as per plat
recorded in Volume"0"of Plats, Page 30, records of Spokane County Auditor, situate in
Spokane County, Washington, is the subject of a land use action by the City of Spokane
Valley Hearing Examiner on December 1, 2003, approving a preliminary plat and Planned
Unit Development Overlay zone, and imposing various development conditions. File No
SUB-12-03/PUD-5-03,relating to such approval, is available for inspection and copying in
the City of Spokane Valley Department of Community Development."
HE Findings, Conclusions and Decision SUB-12-03/PUD-5-03 Page 11
0
CITY OF SPOKANE VALLEY DEPARTMENT OF PUBLIC WORKS, CITY ENGINEER
Prior to release of a building permit or use of property as proposed:
1. 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.
2. Frontage improvements are required for Eighth Avenue,which road is designated as an
Urban Minor Arterial, and has an existing right-of-way width of 50 feet adjacent to the site. The
improvements required include 22 feet of asphalt from centerline along the property frontage,2
feet of curb and gutter, a 7-10 foot wide planter strip, and a 5-foot wide sidewalk. One (1) foot
of right of way dedication and a border easement of 10-13 feet along Eighth Avenue are also
required.
3. Right-of-way dedication of 19 feet is required for 10th Avenue.
4. As determined by the City of Spokane Valley Traffic Engineer, the proposed striped
pedestrian pathway shall be changed to a 6-foot wide concrete sidewalk including curb.
5. A Temporary Erosion and Sedimentation Control(TESC)plan shall be prepared by a
Washington State licensed Professional Engineer and implemented throughout the duration of
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 City
guidelines, as found in the 2001 Edition of the Spokane County Standards for Road and Sewer
Construction, the 1998 Spokane County Guidelines for Stormwater Management, and all other
Federal, State or local regulations. The TESC structures (such as silt ponds, silt traps) shall be
installed prior to other site work. The TESC measures shall be implemented and maintained
throughout the duration of construction, including house construction.
6. The applicant is responsible for arranging for all necessary utility adjustments,relocations,
or improvements as required for completion of the project. The applicant needs to contact the
purveyors of each affected utility regarding private service,utility improvement, and any
relocation and adjustment costs.
7. 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 Drawings"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/her staff.
HE Findings, Conclusions and Decision SUB-12-03/PUD-5-03 Page 12
0
SPOKANE COUNTY DIVISION OF UTILITIES/CITY OF SPOKANE VALLEY
DEPARTMENT OF PUBLIC WORKS
1. 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 Spokane
County Sanitary Sewer Ordinance. Sewer connection permits shall be required."
2. 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. Commercial developments shall
submit historical and or estimated water usage as part of the sewer plan submittal.
3. Sewer plans acceptable to the Division of Utilities shall be submitted prior to final plat
approval.
4. Security shall be deposited with the Division of Utilities for the construction of the public
sewer connection and facilities and for the prescribed warranty period. Security shall be in a
form acceptable to the Division of Utilities and in accordance with the Spokane County Sanitary
Sewer Ordinance.
5. Security shall be submitted to the Division of Utilities prior to approval of Sewer Design
Plans.
6. Any water service for the final plat shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE REGIONAL HEALTH DISTRICT
1. The fmal plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record,
for distribution by the City of Spokane Valley Department of Community Development/Current
Planning 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.
3. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County or the City of Spokane Valley Department of Public Works, as applicable.
4. Water service shall be coordinated through the Director of Utilities, Spokane County, or the
City of Spokane Valley Department of Public Works, as applicable.
5. Water service shall be by an existing public water supply when approved by the Regional
HE Findings, Conclusions and Decision SUB-12-03/PUD-5-03 Page 13
Engineer(Spokane), State Department of Health.
6. Prior to filing the final plat,the applicant shall provide evidence that the plat lies within the
recorded service area of the water system or purveyor proposed to serve the plat.
7. The water purveyor shall approve a plan for water facilities that is adequate for domestic
use, domestic irrigation use, and fire protection use. The fire protection district and the
appropriate health authorities must approve such plan. The health authorities,water supplier
(purveyor), and the fire protection district will certify,prior to the filing of the final plat, on the
face of 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 reproductions.
8. The purveyor will also certify prior to filing 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 pan and time 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 the plat. The contractual
arrangements will include a provision holding the City of Spokane Valley, Spokane County,
Spokane Regional Health District, and the purveyor harmless from claims by any lot purchaser
refused a building permit due to failure of the plat sponsor to satisfactorily complete the
approved water system.
9. A public sewer system will be made available for the plat and individual service will be
provided to each lot prior to sale. The use of individual on-site sewage disposal systems shall not
be authorized.
10. A statement shall be placed in the dedication to the effect that: "A public sewer system will
be made available for the plat and individual service will be provided to each lot prior to sale.
The use of individual on-site sewage disposal systems shall not be authorized."
11. The dedicatory language on the plat shall state: "The use of private wells and water
systems is prohibited."
12. The final plat dedication shall contain the following statement: "The public water system,
pursuant to the Water Plan approved by county and state health authorities, the local fire
protection district, Spokane County, City of Spokane Valley Department of Community
Development/Current Planning, and water purveyor shall be installed within this subdivision
and the applicant shall provide 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 AIR POLLUTION CONTROL AUTHORITY f
1. All applicable air pollution regulations must be met. See memorandum to City of Spokane
Valley dated October 20, 2003, from Ron Edgar of SCAPCA.
HE Findings, Conclusions and Decision SUB-12-03/PUD-5-03 Page 14
SPOKANE COUNTY FIRE DISTRICT 1
1. A new fire hydrant shall be installed at the corner of 10th and Rees Lane.
DATED this 1st day of December, 2003.
CITY HEARING EXAMINER PRO TEM
Michael C. Dempsey, WSBAi 8235 /
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 57, the decision of the Hearing
Examiner on a combined application for a preliminary plat and Planned Unit Development
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 December 1, 2003. THE APPEAL CLOSING DATE IS
DECMEBER 15, 2003.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245, (509)477-7490. The file may be
inspected during normal working hours, listed as Monday-Friday of each week, except holidays,
between the hours of 8:30 a.m. and 5:00 p.m. After the appeal period, the file maybe inspected
at the City of Spokane Valley Department of Community Development, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, 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 SUB-12-03/PUD-5-03 Page 15
� Y
E
U