REZ-13-05_SUB-09-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Rezone from the UR-3.5 )
Zone to the UR-22 Zone, and Application ) FINDINGS OF FACT,
for the Preliminary Plat of Felts Addition; ) CONCLUSIONS OF LAW,
Applicant: Whipple Consulting Engineers, Inc.) AND DECISION
File No. REZ-13-05/SUB-09-05 )
I. SUMMARY OF DECISION
Hearing Matter: Applications for a rezone and preliminary plat.
Summary of Decision: Approve applications, subject to conditions of approval. The preliminary
plat will expire on September 19, 2010. An application to request an extension of time for the
preliminary plat must be submitted at least 30 days prior to the expiration date.
H. FINDINGS OF FACT
1. The applications seek approval of a zone reclassification from the Urban Residential-3.5
(UR-3.5) zone to the Urban Residential-22 (UR-22) zone, on 2.85 acres of land; and a
preliminary plat to subdivide such acreage into sixteen(16) lots for single-family dwellings, and
two (2) common open space tracts.
2. The site is located along the west side of Felts Road, between Fourth and Eighth Avenues,
in the NE 1/4 of Section 20, Township 25 North, Range 44 East, Willamette Meridian, Spokane
County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45201.1451. The
property is legally described on the preliminary plat map for the proposal.
4. The applicant for the proposal is Whipple Consulting Engineers, Inc., do Todd R. Whipple,
13218 E. Sprague Avenue, Spokane Valley, WA 99216. The site owner is Art Sharpe, 15182 E.
22m Avenue, Veradale, Washington 99037.
5. On April 21, 2005, the applicant submitted complete applications for a zone reclassification
and preliminary plat, and a preliminary plat map, to the City Department of Community
Development, in File No. REZ-13-05/SUB-09-05.
6. On July 29, 2005, the Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not appealed.
7. The Hearing Examiner conducted a site visit on August 31, 2005, and conducted a public
hearing on the proposal on September 1, 2005. The requirements for notice of public hearing
were met.
HE Findings, Conclusions and Decision REZ-13-05/SUB-09-05 Page 1
8. The Hearing Examiner heard the proposal pursuant to the City Hearing Examiner
Ordinance, codified in chapter 10.35 of the City Municipal Code; and the Hearing Examiner Rules
of Procedure adopted pursuant thereto.
9. The following persons testified at the public hearing held on September 2, 2004:
Karen Kendall, Assistant Planner Sandra Raskell
Spokane Valley Community Development Assistant Development Engineer
Department, Planning Division City of Spokane Valley
11707 E. Sprague Avenue, Suite 106 11707 E Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206-6124
Todd R. Whipple, P.E.
Whipple Consulting Engineers
13218 E. Sprague Avenue
Spokane Valley, WA 99216
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code, City
Subdivision Ordinance, 2001 City Standards for Road and Sewer Construction("City Road
Standards"), City Guidelines for Stormwater Management, City Code, other applicable
development regulations, City zoning maps and prior land use decisions in the vicinity
11. The record includes the documents in File No. REZ-13-05/SUB-09-05 at the time of the
public hearing, the documents and testimony submitted at the public hearing, and the items taken
notice of by the Hearing Examiner.
12. The site is 2.85 acres in size and irregular in shape. The topography of the site ranges from
relatively flat in the north half to slopes up to 20% in the south end. A single-family home is
located in the southeast portion of the property, with a detached garage and two detached sheds
also found on the site. The property is vegetated with trees, grass and shrubs; particularly in the
south portion of the site.
13. The preliminary plat map illustrates 16 lots for single-family dwellings, ranging in size from
4,992 square feet to 15,018 square feet, and with an average lot size of approximately 6,880
square feet; and two (2) common open tracts totaling 4,398 square feet in area. The existing
residence would remain on the site, but the detached structures would be removed for site
development.
14. The density(net) of the preliminary plat of record is approximately 6.33 dwelling units per
acre. The internal road system in the development would consist of 28-foot wide private roads
with a paved width of 24 feet and that connect to Felts Road in one location.
HE Findings, Conclusions and Decision REZ-13-05/SUB-09-05 Page 2
15. Effective January 1, 1991, Spokane County reclassified the zoning of the site and other
nearby properties to the UR-3.5 zone, pursuant to the Program to Implement the Spokane County
Zoning Code; except for the land lying a relatively short distance southwest and west of the site,
which was reclassified to the UR-22 zone in the same zoning action. See County Resolution No.
85-0900.
16. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA) boundaries and Phase I Development Regulations, pursuant to the
GMA. See County Resolution Nos. 2-0037 and 2-0470. The County Phase I Development
Regulations designated the site and neighboring land in the UGA.
17. The County Comprehensive Plan designated the site and neighboring land in the Urban
Activity Center category, and designated the land lying south of Ninth Avenue in the vicinity in
the Low Density Residential category. The County Phase I Development Regulations retained
the existing zoning of the site and neighboring land.
18. On March 31, 2003, the site and area were incorporated into the City of Spokane Valley.
Upon incorporation, the City adopted the County Comprehensive Plan, County Zoning Code,
County official zoning maps, County Phase I Development Regulations and other County
development regulations by reference, with certain revisions.
19. The City Comprehensive Plan and City Phase I Development Regulations, respectively,
retained the comprehensive plan designations and zone classifications imposed by the County
Comprehensive Plan and Phase I Development Regulations. The site and area are located inside
the Aquifer Sensitive Area(ASA) Overlay zone designated by the City Zoning Code.
20. The land located near the site is zoned UR-3.5 and consists of single-family residences or
undeveloped land, on various sized parcels or lots; except for two duplexes located directly north
of the site; and except the land zoned UR-22 developed for multi-family housing located to the
southwest and west.
21. Some parcels zoned UR-22 are found along, or near, the west side of University Road, to
the east and northeast; and are developed for a child care center, assisted living facility or
duplexes. This includes a parcel rezoned to the UR-22 zone in 1997, and a parcel rezoned to the
UR-22 zone in 2005. See decisions in File Nos. ZE-17-96 and REZ-02-05.
22. A public transit center is located on land zoned UR-22 at the northwest corner of University
Road and 4th Avenue. The land located along the north side of Appleway Avenue, and on both
sides of Sprague Avenue in the area, is dominated by intensive commercial uses on land zoned
Regional Business (B-3). A school that previously served as a high school is located south of
Ninth Avenue in the area.
23. The City Arterial Road Plan designates University Road as an Urban Principal Arterial,
Eighth Avenue as an Urban Minor Arterial, Fourth Avenue and Farr Road as Urban Collector
Arterials, and Sprague Avenue and Appleway Avenue as Urban Principal Arterials.
III?Findings, Conclusions and Decision REZ-13-05/SUB-09-05 Page 3
24. The only public comments received regarding the proposal were submitted by the owners
(Della and Barbara Schanz) of a 1-acre parcel of land improved with a single-family residence,
located directly north of the northwest corner of the site and fronting along Fourth Avenue; and
the owner(Susan Smith) of a .88 acre parcel of land improved with a single-family residence
located directly south of the southeast corner of the site and fronting along Felts Road. Such
owners expressed opposition to the proposed rezone, based on increased noise and traffic, •
establishment of a precedent for similar rezoning and higher density housing, concerns regarding
the quality of housing and values of future tenants inhabiting the project, potential increase crime,
and other concerns.
25. The Staff Report references policy UL.9.1 of the Comprehensive Plan,which does not apply
to the Urban Activity Center category in which the site is designated; and does not reference
policies UL.11.1 through UL.11.11, which specifically relate to the Urban Activity Center
category. The other policies referenced in the Staff Report are applicable to the proposal. This
includes policy UL.9.2, which recommends that the City seek to achieve an average residential
density in the Urban Growth Area of at least four(4) dwelling units per acre, through a mix of
densities and housing types.
26. The policies of the Comprehensive Plan applicable to land designated in the Urban Activity
Center category are set forth in policies UL.11.1 through UL.11.11. Urban activity centers are
intended to be planned residential and commercial areas. Such categories are generally sized with
a 1/4-mile radius, so that the entire center is accessible by pedestrians; with public transportation
and sidewalks being important transportation features. Residential uses will typically include
single-family homes on small lots, duplexes, apartments and condominiums; with housing densities
higher than the community average. Offices, recreation and cultural facilities, shopping and other
services are also contemplated in urban activity centers. See page UL-14 of Comprehensive Plan.
27. Policy UL.11.7 of the Comprehensive Plan recommends that design standards and a design
review process for urban activity centers be adopted; to ensure that commercial and industrial
projects are developed with minimal impact on surrounding land uses, are consistent with
community appearance/design guidelines and assure pedestrian as well as vehicular access.
28. Policy UL.11.8 of the Comprehensive Plan indicates that urban activity centers may contain,
but are not limited to, combinations of retail stores and services; professional offices; office/light
industrial; light manufacturing; multi-family housing and mixed-use developments; heavy
commercial uses; research and development centers; churches, entertainment and art centers;
health, human service and public facilities; schools and universities; and parks and open space.
29. Policy UL.11.10 of the Comprehensive Plan recommends that a residential component be
included within urban activity centers through the use of incentives and/or the minimum
requirements for residential development.
30. Policy UL.11.11 of the Comprehensive Plan recommends that design standards and land use
plans be adopted for urban activity centers, based on several principles set forth in such policy.
HE Findings, Conclusions and Decision REZ-13-05/SUB-09-05 Page 4
31. Policies UL.2.3 through 2.09 of the Comprehensive Plan recommend that the City establish
a design review process, to run concurrent with the land use approval process, for mixed-use
areas and certain other types of development. Such process would include the development of
urban design guidelines, to provide consistency of application for the design review process; the
establishment of a design review board, consisting of members from designated professional
groups, to review the larger, more complex projects; use of the administrative process to provide
design review for small projects; and the development of neighborhood, subarea and community
plans, with specific design standards that reflect and preserve neighborhood character.
32. The City Phase I Development Regulations require that all zone reclassifications be
consistent with the implementing zones specified in such regulations for the Comprehensive Plan
designations that apply to the subject property. The implementing zones for the Urban Activity
Center category, in which the site is designated, are the UR-22, B-1 and B-2 zones.
33. The County did not establish a design review process or design review board; adopt
neighborhood, community or sub-area plans for the area; or adopt design standards other than the
existing County Zoning Code and County Phase I Development Regulations, to implement the
policies of the County's comprehensive plan regarding urban activity centers or the Urban
Activity Center category. The City of Spokane Valley has not adopted any such process, plans or
standards upon or since incorporation, other than to adopt the County's Zoning Code and Phase I
Development Regulations.
34. The Examiner takes notice that the City is working on a new comprehensive plan and
implementing regulations to replace the interim comprehensive plan and zoning code adopted
from the County; which will likely provide more guidance for rezoning and developing land in the
area.
35. RCW 36.70A.470 requires that the review of local projects subject to the land use
processing procedures set forth in chapter 36.70B RCW be used to make individual project
decisions, not land use planning decisions; and that project review continue even in the presence
of a deficiency in a comprehensive plan or development regulations. Such statute defines a
deficiency in a comprehensive plan or development regulation as the absence of required or
potentially desirable contents of a comprehensive plan or regulation.
36. Pursuant to RCW 36,70A.470, the Hearing Examiner does not have authority to deny or
delay approval of the proposed rezone on the basis that the City has not yet adopted policies, a
design review process or design standards to fully implement the policies of the Urban Activity
Center. The Examiner must apply the policies and development regulations currently in effect to
the proposal.
37. The purpose and intent statement of the UR-22 zone stated in Zoning Code 14.622.100 has
not been altered since the County Zoning Code was adopted in 1986; and is somewhat obsolete,
since it was not updated when the County Comprehensive Plan and County Phase I Development
HE Findings, Conclusions and Decision REZ-13-05/SUB-09-05 Page 5
Regulations took effect in 2002, or to reflect changes to the County Zoning Code in 1996 to
permit single-family and duplex dwellings.
38. Zoning Code 14.622.100 indicates that UR-22 zones are intended primarily for multiple-
family dwellings, and to add to the variety of housing types and densities in urban areas; that such
zones are usually located adjacent to major(Urban Principal) or secondary(Urban Minor)
arterials, and permit offices to provide some of the service needs for high-intensity land uses; and
that the UR-22 zone may be used provide higher density housing in locations close to
employment, shopping and major transportation routes where movements of people can be
handled efficiently and with the least overall adverse impact. Zoning Code 14.622.100 indicates
that the purpose of the development standards of the UR-22 zone is to provide for the orderly
development of residential property in a manner that provides a desirable living environment
compatible with surrounding land uses and a variety of housing types and assures the protection
of property values.
39. The UR-22 zone permits various types of residential and public/semi-public uses; including,
without limitation, single-family, duplex, multifamily, retirement housing, day care center, church,
library, business and professional offices. The minimum lot area for a single-family dwelling unit
in the UR-22 zone is 1,600 square feet, and for a duplex is 3,200 square feet. The minimum lot
size for other uses permitted in the UR-22 zone is generally 6,000 square feet. The UR-22 zone
does not require frontage along an arterial. The maximum building height in the UR-22 zone is
50 feet.
40. Considering the dominance of residential housing in the area, the distance from the site to
the Sprague Avenue commercial corridor, and the location of other UR-22 zoning in the area, the
most suitable implementing zone for the site under the City Phase I Development Regulations is
the UR-22 zone.
41. The preliminary plat proposes the development of single-family housing on the site, which
provides better consistency of development with neighboring residences than multi-family housing
that could be developed on the site under the UR-22 zone. The environmental checklist indicates
that the units would cater to middle incomes.
42. The proposed rezone is generally consistent with the purpose and intent of the UR-22 zone,
as set forth in Zoning Code 14.622.100. The proposal is located near an Urban Minor Arterial
(Eighth Avenue) and Urban Collector Arterial (Fourth Avenue), within walking distance of the
Sprague Avenue/Appleway Avenue transportation and commercial corridor, and within walking
distance of public transit. A high level of public services is available to the site.
43. The UR-22 zone requires the installation of a 6-foot high, sight-obscuring screen, and the
installation of five (5) feet of Type III landscaping, adjacent to land zoned UR-3.5 (north, south
and west property lines), except where adjacent to a public road. Such screening may consist of a
sight-obscuring fence, wall or solid landscaping. This will help buffer site development from
neighboring single-family residences.
HE Findings, Conclusions and Decision REZ-13-05/SUB-09-05 Page 6
44. Policy UL.2.14 of the Comprehensive Plan recommends that separated sidewalks be
required on public roads in all new residential subdivisions. Policy T.3e.1 recommends that the
City transportation network provide safe and convenient bicycle and walking access between
housing, recreation, shopping, schools, community facilities and mass transit access points; and
that obstructions and conflicts with pedestrian and bicycle movement be minimized.
45. 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.
46. Policy T.4a.4 of the Comprehensive Plan recommends that private roads be allowed within
developments as a principal means of circulation; provided adequate measures are in place to
assure safe travel, emergency access and permanent private maintenance.
47. Policy T.2.2 of the Comprehensive Plan recommends that transportation improvements
needed to serve new development be in place at the time new development impacts occur, or that
a financial commitment, consistent with the City's Capital Facilities Plan, be made to complete the
improvement within six(6) years.
48. Policy T.4a.2 of the Comprehensive Plan recommends that the capacity of existing roads be
maximized to minimize the need for new or expanded roads, through the use of signalization,
improved signage and other means.
49. Guidelines set forth in the City 2001 Standards for Road and Sewer Construction("City
Road Standards") recommend the provision of adequate vehicular and pedestrian access to all
parcels of land, minimizing through traffic movements and excessive speeds on local access
streets, logical street patterns, minimizing vehicular and pedestrian-vehicular conflict points,
considering traffic generators in designing a street system in a proposed development, and
considering bordering arterial routes.
50. The City Road Standards require the installation of curb and sidewalk along the frontage of
new residential developments with public roads, and along both sides of a new public road, in the
urban residential zones. The standards require separated sidewalk, unless City Engineering
authorizes a deviation based on local conditions and other factors.
51. The applicant submitted a traffic trip distribution analysis prepared by a consulting traffic
engineer, which indicated that 95% of the trips from the site would use Felts Road to travel north
to Fourth Avenue, with 55% of such trips traveling east to University Road, and 45% of such
trips traveling west to reach Farr Road; and which indicated the remaining 5% of the trips from
the site would travel south on Felts Road to reach Eighth Avenue. The analysis found that the
project would generate only 16 PM peak hour trips, which is below the threshold required for a
detailed traffic analysis. fi
HE Findings, Conclusions and Decision REZ-13-05/SUB-09-05 Page 7
52. City Engineering accepted the trip distribution analysis and certified transportation
concurrency for the proposal. City Engineering conditions require the applicant to improve Felts
Road along the frontage of the site by adding 15 feet of asphalt, curb, gutter, sidewalk, a planting
strip and border easement. Such conditions also require the private roads in the final plat to be
developed to City standards.
53. County Utilities certified the availability of public sewer for the project, and indicated that
public sewer would be extended to the area by the County in late 2005. Modern Electric Water
Company and Spokane County Water District No. 3 certified the availability of public water for
the project.
54. The proposal complies with the sewer, water and transportation concurrency requirements
of the City Phase I Development Regulations. The applicant is not required to illustrate direct
concurrency for other public services such as schools, park, police or fire.
55. City Engineering conditions require the applicant to submit final drainage and road plans in
compliance with the City Road Standards and the City Guidelines for Stormwater Management.
The common open space tracts in the preliminary plat will presumably be used to help manage
stormwater drainage.
56. The Examiner concurs with the analysis in the Staff Report finding the preliminary plat and
rezone to be consistent with the Comprehensive Plan and applicable development regulations, as
supplemented herein.
57. The concerns raised by neighboring property owners were not substantiated, or are
insufficient to warrant denial or modification of the proposal.
58. In accordance with the City Subdivision Ordinance, the design, shape, size and orientation
of lots in the preliminary plat are appropriate for the proposed use of such lots, and the character
of the area in which the lots are located. Block dimensions reflect due regard for the needs of
convenient access, public safety, emergency vehicle access, topography, road maintenance and
provision of suitable sites for the proposed use. Road alignments in the proposal are designed
with appropriate consideration for existing and planned roads, anticipated traffic patterns,
topographic and drainage conditions, safety and the proposed use of the site.
59. No public agencies objected to the proposal, as conditioned, or its environmental impact.
The project will not have more than a moderate effect on the quality of the environment.
60. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare.
61. The proposal has been conditioned for compliance with the UR-22 zone, the City Zoning
Code, the City Subdivision Ordinance, and other applicable development regulations. No
deficiencies with regard to the compliance of the proposal, as conditioned, with applicable
development regulations have been established in the record.
HE Findings, Conclusions and Decision REZ-13-05/SUB-09-05 Page 8
62. Under Washington case law, it is not necessary that a proposed rezone be supported by a
substantial change in circumstances in the area since the site was last zoned, if the proposed
rezone is consistent with a local comprehensive land use plan. Significant changes have,
nevertheless, occurred in the area since the zoning of the site was reclassified to the UR-3.5 zone
in 1991. This includes the extension of public sewer to the area, adoption of the Comprehensive
Plan and the Phase I Development Regulations, inclusion of the site in the UGA and City of
Spokane Valley, and other rezones to the UR-22 zone in the area.
63. The Examiner has made minor modifications to the conditions of approval submitted for the
proposal, relating to format and clarity.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed preliminary plat and zone reclassification to the UR-22 zone, as conditioned,
generally conform to the Comprehensive Plan.
2. The preliminary plat and dedication will serve the public use and interest; and make
appropriate provision for the public health, safety and general welfare.
3. The preliminary plat and dedication make appropriate provision for open spaces, roads,
drainage ways, schools and school grounds, playgrounds, parks and recreation, sidewalks for
children who walk only to school, non-motorized transportation, sanitary wastes, potable water
supplies, easements, utilities, planning features, and all other relevant facts as specified in RCW
58.17.110 and the City Subdivision Ordinance.
4. The proposed subdivision meets the general design requirements specified in Section
12.400.122 of the City Subdivision Ordinance, and other requirements for the approval of
preliminary plats listed in chapter 12.400 of such ordinance.
5. The proposed rezone bears a substantial relationship, and will not be detrimental, to the
public health, safety or welfare.
6. A change in economic, technological, or land use conditions has occurred to warrant the
proposed rezone, and a substantial change of circumstances has occurred in the area since the site
was last zoned.
7. The procedural requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met. The proposal, as conditioned, will not have a
significant, probable adverse impact on the environment.
HE Findings, Conclusions and Decision REZ-13-05/SUB-09-05 Page 9
8. The proposal, as conditioned, complies with the UR-22 zone, the Aquifer Sensitive Overlay
zone, other applicable provisions of the City Zoning Code, and other applicable development
regulations.
9. Approval of the zone reclassification is appropriate under Section 14.402.020 of the City
Zoning Code, and under Chapter 10.35 of the City Municipal Code.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject applications for a
preliminary plat and zone reclassification are hereby approved, subject to the conditions of the
various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
This approval does not waive the applicant's obligation to comply with all other
requirements of other public agencies with jurisdiction over land development.
CONDITIONS OF APPROVAL
A. General
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The Spokane Valley Interim Zoning Map shall be updated to specify an Urban Residential-
22 (UR-22) designation for the site.
2. The final plat map shall substantially conform to the preliminary plat map of record
submitted on April 21, 2005, and be limited to a maximum of sixteen(16) single-family residential
lots, unless a preliminary plat modification is approved pursuant to Section 12.100.120
(Modifications) of the Spokane Valley Interim Subdivision Ordinance ("Subdivision Ordinance").
3. Pursuant to Section 12.100.116 (Expiration of Approval) of the Subdivision Ordinance, the
preliminary plat approval shall automatically expire on September 19, 2010, unless a time
extension is timely submitted for the preliminary plat in accordance with the Subdivision
Ordinance. If a request for an extension of time is not submitted and approved, the preliminary
approval expires and the plat is null and void
4. Pursuant to Section 12.100.118 (Extensions of Time) of the Subdivision Ordinance, an
application form and supporting data for time extension requests must be submitted to the
Director at least thirty(30) calendar days prior to the expiration of the preliminary plat approval.
HE Findings, Conclusions and Decision REZ-13-05/SUB-09-05 Page 10
5. Pursuant to Section 12.100.130 (Enforcement) of the Subdivision Ordinance, any sale,
lease, or transfer of any lot or parcel created pursuant to the Subdivision Ordinance that does not
conform to the requirements of the preliminary plat approval or that occurs without approval,
shall be considered a violation of chapter 58.17 RCW, and shall be restrained by injunctive action
and shall be illegal, as provided in chapter 58.17 RCW. Each sale, lease, or transfer of each
separate lot or parcel of land in violation of any provision of this ordinance shall be deemed a
separate and distinct offense.
6. Except where noted in conditions of approval, the proposal shall comply with the provisions
of Chapter 14.622 (Urban Residential 22) of the Spokane Valley Interim Zoning Code ("Zoning
Code").
7. Pursuant to Section 14.622.375 (Utilities) of the Zoning Code, all utility hardware shall be
placed underground or screened from view with a decorative block wall or landscaping. Said
screening shall be as high as the highest portion of the equipment and shall be permanently
maintained.
WASHINGTON STATE BOUNDARY REVIEW BOARD FOR SPOKANE COUNTY:
8. A Notice of Intention needs be filed with the Boundary Review Board if a water purveyor
proposes to serve water in another water purveyor's service as designated in the Coordinated
Water System Plan.
B. Prior to fmal plat approval, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. In order to comply with Section 14.622.365 (Walls) of the Zoning Code, the applicant shall,
prior to final plat approval, construct a six (6)-foot high concrete, masonry, or decorative block
wall, solid landscaping or site-obscuring fence along the north, south and west property lines.
Further, the applicant shall submit a written agreement agreeing that the applicant or successors in
interest shall continuously maintain in good condition the six (6)-foot high concrete, masonry, or
decorative block wall, solid landscaping or site-obscuring fence. Further, the applicant shall at the
same time agree that at time of sale of any and all of the parcels created through the short plat
action, the applicant shall notify in writing all buyers of the requirement to maintain the six (6)-
foot high concrete, masonry, or decorative block wall, solid landscaping or site-obscuring fence
along the portion of the property under their direct control.
2. Pursuant to Section 12.400.134 (Professional Land Surveyor) of the Subdivision Ordinance,
a final plat shall be submitted and shall be made by or under the supervision of a professional land
surveyor who shall certify on the final plat that it is a true and correct representation of the lands
actually surveyed. All surveys shall comply with the Survey Recording Act (chapter 58.09
RCW), Survey and Land Descriptions (chapter 332-130 WAC), and the City of Spokane Valley
Interim Standards for Road and Sewer Construction, as amended.
HE Findings, Conclusions and Decision REZ-13-05/SUB-09-05 Page 11
3. The submitted final plat shall comply with all submittal requirements specified in Chapter
12.400 of the Subdivision Ordinance.
4. Pursuant to Section 12.400.144 (Filing) 400 of the Subdivision Ordinance, the City of -
Spokane Valley shall record with the Spokane County Auditor's Office the final plat, upon receipt
of all required signatures on the face of the plat, provided that also pursuant to such section, the
applicant shall submit, prior to recording, all required recording fees, including appropriate fees to
pay for the cost of three (3) copies of the recorded final plat for distribution to the City of
Spokane Valley Planning, Engineering and Building Divisions.
5. Place the following note on the face of the final plat: "All lots shall comply with the building
setback requirements, maximum building height standard, maximum lot coverage standard and
other applicable lot development standards for the UR-22 zone or successor zoning designation in
effect at the time of building permit application."
6. The applicant shall receive approval and complete demolition of the three (3) detached
structures located on Parcel No. 45201.1451, prior to submitting the final plat.
7. If any grading is conducted on the site, engineered grading permits shall be required per City
Grading Ordinance 04-016.
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
8. A Professional Engineer, licensed in the State of Washington, shall submit final street 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(or as amended), the 1998
Spokane County Guidelines for Stormwater Management(or as amended), and all other
applicable standards.
9. Frontage improvements are required for Felts Road. Felts Road is designated as a Local
Access Street. Existing right-of-way consists of twenty(20) feet from right-of-way centerline to
property frontage. Improvements required include a total of fifteen(15) feet of asphalt from
centerline to property frontage, Type B curb and gutter, ten(10) foot planter strip, and a five (5)
foot sidewalk. This requires a twelve (12) foot border easement.
10. The proposed private street shall be designed to meet current Spokane Valley street
standards.
11. Prior to final plat approval, the applicant or successors in interest shall submit written
evidence of the formation of a Homeowner's Association(HOA) to perpetually operate and
maintain the on-site private street and associated facilities including but not limited to 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.
HE Findings, Conclusions and Decision REZ-13-05/SUB-09-05 Page 12
12. Prior to construction plan acceptance by the City of Spokane Valley Public Works
Department, the applicant or successors in interest shall submit an Operations and Maintenance
Manual, prepared by the applicant's engineer, for the street and stormwater systems. This manual
shall include a discussion of the design life of the various components, recommended 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.
13. Final plat language will be determined at the time of final plat application. Please contact
the City of Spokane Valley Public Works Department to obtain this language.
SPOKANE COUNTY DIVISION OF UTILITIES:
14. 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. Uses on properties within the
project shall be required to connect to the sewer and pay applicable charges per the County Sewer
Ordinance. Sewer connection permits shall be required."
15. A public Sanitary Sewer easement shall be shown on the face of the plat, and the 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, it's successors and assigns at all times hereinafter, at their own cost and expense, may
remove all crops, brush, grass or trees that may interfere with the constructing, installing,
operating, maintaining, repairing, altering, replacing, removing and all other uses or purposes
which are may be related to a sewer system. The grantor(s) reserves the right to use and enjoy
that property which is the subject of this easement for purposes which will not interfere with the
County's full enjoyment of the rights hereby granted; provided, the Grantor(s) shall not erect or
construct any building or other structure or drill on the easement, or diminish or substantially add
to the ground cover over the easement. The easement described hereinabove is to and shall run
with the land."
16. The applicant shall submit expressly to Spokane County Division of Utilities, under separate
cover, only those plan sheets showing sewer plans and specifications for the public sewer
connections and facilities for review and approval. Commercial developments shall submit
historical and or estimated water usage as part of the sewer plan submittal.
17. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization
of the project.
18. Security shall be deposited with the Division of Utilities for the construction of the public
sewer connection and facilities and for the prescribed warranty period. Security shall be in a form
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acceptable to the Division of Utilities and in accordance with the Spokane County Sanitary Sewer
Ordinance.
19. Security shall be submitted to the Division of Utilities prior to approval of the Sewer Design
Plans.
20. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended. Please contact Gene Repp at 477-7488, in
this regard.
SPOKANE REGIONAL HEALTH DISTRICT:
21. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
22. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the Planning Department to the utility companies, City of Spokane Valley
Public Works Department, and the Spokane Regional Health District. Written approval of the
easements by the utility companies shall be received prior to the submittal of the final plat.
23. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
24. Water service shall be coordinated through the Director of Utilities, Spokane County.
25. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
26. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
27. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection use shall be approved by the water purveyor. Said water plan must have been approved
by the fire protection district and the appropriate health authorities. The health authorities, water
supplier (purveyor), and the fire protection district will certify, prior to the filing of the final plant,
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 reproduction.
28. 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 plan 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
arrangement will include a provision holding City of Spokane Valley, Spokane Regional Health
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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.
29. 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.
30. 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. Use
of individual on-site sewage disposal systems shall not be authorized."
31. The dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
32. 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, City of Spokane Valley 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."
WASHINGTON STATE DEPARTMENT OF ECOLOGY(SPOKANE):
33. All demolition waste must be disposed of at a permitted solid waste facility. It is
encouraged to salvage, reuse and recycle as much of the waste as possible.
34. Landscaping should incorporate waste prevention measures and the use of organic
materials. Water needs may be reduced by use of drought tolerant plantings, compost material,
mulch, and drip irrigation.
C. Prior to or during on-site construction the applicant or successors in interest shall:
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
1. A Temporary Erosion a.ncl Sedimentations Control(TESC) plan, prepared by a Washington
State licensed Professional Engineer, shall be prepared and submitted with the site construction
plans. The TESC plan shall follow the 1998 Spokane County Guidelines for Stormwater
Management, as adopted by the City. The TESC structures (such as silt ponds, silt traps) shall be
installed prior to the start of site work, and the TESC measures shall be implemented and
maintained throughout the duration of construction and until the site has stabilized.
2. The permittee is responsible for arranging for all necessary utility adjustments, relocations,
or improvements as required for completion of the project. The developer needs to contact the
purveyors of each affected utility regarding private service, utility improvement, and any
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relocation and adjustment costs. All rigid objects located in the clear zone shall be relocated
outside of the clear zone. The clear zone distances shall follow the 2001 Spokane County Road
and Sewer Standards, as adopted by the City.
3. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
4. 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.
QWEST:
5. Submit two (2) full size final plat maps with lot addresses noted and the serving power
utility design at least six (6) weeks before the developer's and/or builder's open utility trench date.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
6. 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.
7. 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.
8. Debris generated as a result of this project shall be disposed of by means other than burning.
9. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
10. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
11. A Notice of Construction and Application for Approval shall be submitted and approved by
SCAPCA prior to the construction, installation, or establishment of an air pollution source. This
includes emergency generators rated at 500 hp (375 kW) or higher, natural gas heating equipment
units rated at 4 MMBTU/hr or higher(input), and heating equipment units fired with other fuels
(e.g. diesel) rated at 1 MMBTU/hr(input) or higher. Contact SCAPCA for a Notice of
Application,
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12. A Notice of Intent shall be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application.
DATED this 19th of September, 2005
CITY HEARING EXAMINER PRO TEM
61
Mic ael C. Dempsey, WSBA#82.
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 10.35 of the Spokane Valley City Municipal Code, the decision of the
Hearing Examiner on a combined application for a zone reclassification and preliminary plat is
final and conclusive unless within fourteen(14) calendar days from the Examiner's written
decision, a party of record aggrieved by such decision files an appeal with the City Council of the
City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane Valley, Washington.
This decision was mailed by certified mail to the Applicant, and by first class mail to other
parties of record, on September 19, 2005. THE APPEAL CLOSING DATE IS SEPTEMBER
OCTOBER 3, 2005.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-7490. The file may be
inspected during normal working hours, listed as Monday- Friday of each week, except holidays,
between the hours of 8:30 a.m. and 5:00 p.m. After the appeal period, the file may be inspected.
at the City of Spokane Valley Department of Community Development, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, Washington. Copies of the documents in
the record will be made available at the cost set by City of Spokane Valley Ordinance.
Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
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