PE-1916-03_PUDE-02-03_ZE-02-03 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Preliminary Plat of Manos Valley Estates, )
PUD, Planned Unit Development Overlay ) FINDINGS OF FACT,
Zone, and Zone Reclassification from the ) CONCLUSIONS OF LAW,
UR-3.5 Zone to the UR-7 Zone; ) AND DECISION
Applicant: Michael Manos )
File No. PE-1916-03/PUDE-2-03/ZE-3-03 )
This matter coming on for public hearing on May 15, 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 Manos Valley Estates,
PUD, to subdivide approximately 6.65 acres of land into 35 lots for single-family dwellings and
seven(7) common open space tracts totaling approximately one (1) acre; a Planned Unit
Development(PUD) Overlay zone; and a zone reclassification from the Urban Residential-3.5
(UR-3.5) zone to the Urban Residential-7 (UR-7)zone.
2. The site is located south of and adjacent to Fourth Avenue, approximately 660 feet west of
Adams Road, in the NW %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. 45232.9137. The subject
property is legally described as Tract"D"of Short Plat No. SP-79-118,per plat recorded in
Volume 1 of Short Plats, Page 84, records of Spokane County Auditor; Except the West 94 feet
thereof; and Except the North 5 feet thereof dedicated for Fourth Avenue; Situate in the County of
Spokane, State of Washington.
4. The owner of the site and the applicant for the proposal is Michael Manos, 14409 E. 6th
Avenue, Spokane Valley, WA 99216.
5. On February 4, 2003, the applicant submitted complete applications for a preliminary plat,
PUD Overlay zone and zone reclassification in Spokane County Division of Planning File No. PE-
191 6-03/PUDE-2-03/ZE-2-03.
6. On February 28, 2003, the County Division of Planning issued a Determination of
Nonsignificance (DNS) for the proposal.
7. On March 19, 2003, the applicant submitted a revised preliminary plat map ("plat map")and
preliminary PUD site development plan("PUD plan"), which together comprise the preliminary
plat map and preliminary PUD site development plan of record.
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8. On March 25, 3003, the City of Spokane Valley and Spokane County entered into an
interlocal agreement authorizing the County Hearing Examiner to act as hearing examiner pro tern
for the City of Spokane Valley.
9. 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.
10. The City Department of Community Development, Division of Current Planning,processed
the subject applications on and after March 31, 2003. The Division retained the same file and file
number for the subject applications as the County.
11. The Hearing Examiner, as hearing examiner pro tem for the City of Spokane Valley,
conducted a site visit on May 14, 2003, and conducted a public hearing on the proposal on May
15, 2003. The requirements for notice of public hearing were met.
12. The Hearing Examiner heard the proposal pursuant to the City Ordinance No. 57 and the
City Hearing Examiner Rules of Procedure.
13. The following persons testified at the public hearing held on May 15, 2003:
John Todd, Division of Current Planning Dick Thiel, City Engineer
City of Spokane Valley City of Spokane Valley
11707 East Sprague Avenue 11707 East Sprague Avenue Suite 106
Spokane Valley, WA 99206-6110 Spokane Valley, WA 99206
Michael Manos Eugene Fisher
PO Box 141735 3504 N. Kenny Road
Spokane Valley, WA 99214-1735 Otis Orchards, WA 99027-9623
John D. Clardy Wayne Scott Creach
PO Box 762 14208 E. 4th Avenue
Deer Park, WA 99006-0762 Spokane Valley, WA 99216-2105
Sandra Raskell, City Engineering
City of Spokane Valley
11707 East Sprague Avenue Suite 106
Spokane Valley, WA 99206
14. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code,
official City Zoning Map for the vicinity, City Subdivision Ordinance, 2001 Spokane County
Standards for Road and Sewer Construction(adopted by City), 1998 Spokane County Guidelines
for Stormwater Management(adopted by City), City Code,other applicable development
regulations, and prior land use decisions in the vicinity.
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15. The record includes the documents in File No. PE-1916-03/PUDE-2-03/ZE-2-03 at the time
of the public hearing held on May 15, 2003, the documents and testimony submitted at the public
hearing, the letter dated 5-15-03 from Eugene Fisher submitted after the public hearing, and the
items taken notice of by the Hearing Examiner.
16. The subject property is approximately 6.65 acres of land in size, generally square in shape
and relatively flat in topography. The north end of the site is improved with two (2) single-family
residences, a detached garage for one of the residences, and associated residential landscaping.
Aboveground power lines and a streetlight are found along the frontage of the site. Underground
utilities and curbing are found on the site in the planned location of internal roads for an expired
preliminary plat that was previously approved for the site The site is otherwise undeveloped and
covered with grasses and weeds.
17. On April 27, 1992, the County approved the preliminary plat/PUD of Manos Valley Estates,
P.U.D., to divide approximately 6.72 acres, including the current site, into 35 lots for single-family
dwellings and seven (7) open space tracts totaling approximately 1.1 acres; a PUD Overlay zone;
and a rezone from the UR-3.5 zone to the UR-7 zone. See Hearing Examiner Committee decision
in File No. PE-1655-92/PUDE-4-92/ZE-12-92.
18. The above-referenced preliminary plat/PUD expired on October 1, 1998 without being
approved as a final plat. Prior to such expiration date, the northerly five(5) feet of the property
involved in the preliminary plat were dedicated to Spokane County for road right of way along
Fourth Avenue. This reduced the site to its current size of 6.65 acres. Underground utilities and
curbing were also installed on the property as stated above,prior to expiration of the preliminary
plat.
19. The current plat map/PUD plan of record illustrates division of approximately 6.65 acres of
land into 35 lots for single-family dwellings and seven(7) common open space tracts totaling
approximately one (1) acre in combined area. The plat map/PUD plan contains numerous
inaccuracies, including total area, square footages of single-family lots, length of the exterior
boundaries of the site, amount of common open space and noncommon open space, gross density,
net density, minimum lot size and the failure to show platted residential lots to the north and east.
20. The lots in the preliminary plat/PUD range from 4,000 square feet (Lot 1) to approximately
7,300 square feet (Lot 23). The existing improvements on the subject property would be removed
for site development. The project would be developed in three (3)phases. A homeowner's
association would be formed to provide maintenance for the private roads and common open space
tracts.
21. The proper dimensions for the north, south,west and east boundaries appear to be,
respectively, 567.86 feet, 568.26 feet, 509.61 feet and 510.26 feet. See County Assessor's map for
Section 23. These dimensions translate to a site area of 6.65 acres.
22. The proposal would be served by a system of private roads connecting to Fourth Avenue in
two (2) locations. The plat map/PUD plan illustrates an overall paved width of 34 feet for the
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internal private roads, including a traveled width of 24 feet, a 6-foot wide paved sidewalk on one
side, and 1.8-foot wide, Type"C"asphalt concrete curbs on both sides of the traveled width. The
plat map illustrates curb and a 6-foot wide sidewalk along the frontage of the site with Fourth
Avenue.
23. The common open space tracts in the proposal would be accessed via sidewalks installed
along one side of the internal roads in the project. The large open space tract located in the
southwest corner of the project would be used primarily for drainage, and for passive recreation.
The plat map/PUD plan indicates the proposed use of the large open space tract located in the
northeast corner of the project for recreational vehicle and boat storage. The plat map/PUD plan
indicates that the central open space tract would be used for a playground, and illustrates two
pathways extended to the internal private road system. The other open space tracts in the project
are small and would be utilized for passive recreation and/or drainage.
24. At the public hearing, the applicant requested that the central common open space tract be
reserved for a small private park for passive recreation, instead of a playground. This was based
on the proposed marketing of the housing on the site by the applicant primarily to retired persons,
and in response to concerns from City Planning and City Engineering that the playground area
lacked visibility from the internal private roads and did not represent a safe and open environment
for children.
25. After the public hearing,the applicant's consulting engineer submitted a letter requesting that
the common open space tract located in the northeast corner of the project be reserved for a well-
designed parking area for visitors, instead of an RV and boat storage area. This responded to the
objection by City Current Planning that the PUD Overlay zone requires all storage to be inside a
closed building. See Zoning Code 14.704.355.
26. The plat map/PUD plan illustrates Type III landscaping along the frontage of the site with
Fourth Avenue, as required by the UR-7 zone. The plat map also illustrates Type I landscaping
and a retention pond on the common open space tract located in the southwest corner of the
project.
27. The plat map/PUD plan illustrates a 6-foot high cedar fence along the south and west
boundaries of the site, and along the west and south boundaries of a 94-foot wide strip of property
located adjacent to the west boundary of the site. The adjacent 94 feet of land to the west is not
part of the preliminary plat/PUD and is not owned by the applicant. The proposed fencing
illustrated along the south and west boundary of such strip of land should be relocated to the west
boundary of the site,to meet the screening requirements of the UR-7 zone. The plat map/PUD
plan illustrates some additional screening along the boundaries of the southerly portion of the
common open space tract located in the northeast corner of the project.
28. The individual square footages listed for the common open space tracts on the plat map/PUD
plan appear to be generally accurate. The 12,375-square foot area listed for the central common
open space tract on the plat map/PUD plan appear to be accurate only if the area of the pathways
leading from such tract to the internal private road system are included as part of the tract.
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29. The area encompassed by roads in the preliminary plat/PUD appears to be approximately
1.25 acres. The residential density(net) of the project, determined by dividing the number of
proposed lots (35)by the difference between the gross acreage of the site (6.65 acres) and the area
encompassed by roads (1.25 acres), is approximately 6.48 dwelling units per acre. This assumes
that the common open space tract located in the northeast corner of the project is reserved for
parking or other permitted use. The average lot size is approximately 5,500 square feet.
30. Effective January 1, 1991, the zoning of the site was reclassified from its zoning under the
now expired County Zoning Ordinance to the Urban Residential-3.5 (UR-3.5)zone,pursuant to
the Program to Implement the Spokane County Zoning Code.
31. In 1997, the County adopted interim urban growth area(IUGA)boundaries, and associated
interim development regulations,pursuant to the State Growth Management Act(GMA). The site
and neighboring land were included in the IUGA. See County Resolution No. 97-0321.
32. In 1998, the County Zoning Code was amended to increase the maximum residential density
in the UR-3.5 zone from 3.5 dwelling units per acre to 4.35 dwelling units per acre. See County
Resolution No. 98-0482.
33. 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 County also repealed the IUGA and associated interim development regulations. See County
Resolution Nos. 2-0037 and 2-0470. The Phase I Development Regulations designate the site and
area in the UGA.
34. The County Comprehensive Plan designated the site and neighboring land, except to the
north, in the Low Density Residential category of the County Comprehensive Plan. The County
Comprehensive Plan designated neighboring land to the north, northeast and northwest in the
Medium Density Residential category.
35. The County's Phase I Development Regulations retained the zoning of the site and
neighboring land. The land lying west of the site is zoned UR-3.5 and is improved with a
nonconforming retail/wholesale nursery/greenhouse. The land lying south and east of the site is
zoned UR-3.5 and consists of single-family homes platted at urban densities. The land lying
northeast of the site is improved with a large church and associated elementary school/middle
school.
36. The land lying north and northwest of the site is zoned UR-7 and is developed for single-
family homes and a duplex along Fourth Avenue. This includes the final plat/PUD of Cherry
Grove PUD, located directly north of the site. The preliminary plat for such development was
approved in 1991, for 18 lots, along with a PUD Overlay zone and a zone reclassification from the
UR-3.5 zone to the UR-7 zone. See File No. PE-1599-90/PUDE-3-90/ZE-20-90.
37. The City Comprehensive Plan and Phase I Development Regulations,respectively,retain the
comprehensive plan designations and zone classifications imposed by the County Comprehensive
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Plan and Phase I Development Regulations. The site is located inside the Aquifer Sensitive Area
(ASA) Overlay zone and the Public Transit Benefit Area designated by the City Zoning Code.
38. The Arterial Road Plan in the City Comprehensive Plan designates Fourth Avenue as an
Urban Collector Arterial, Adams Road to the east as an Urban Minor Arterial, and Sprague
Avenue to the north and Evergreen Road to the west as Urban Principal Arterials. The Plan also
designates a proposed Urban Principal Arterial extending from east to west through the area,
between Fourth Avenue and Sprague Avenue to the north. A county sewer interceptor is located
in the county right of way for such future arterial. The construction of such future arterial is
speculative at the current time. Fourth Avenue in the area consists of a 2-lane paved road without
curb or sidewalk, except along the frontage of the Cherry Grove PUD to the north.
39. 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. The
subject application meets the sewer and water concurrency requirements of the City's Phase I
Development Regulations.
40. The Phase I Development Regulations do not require direct concurrency for schools,parks,
police or fire protection. County Fire District No. 1 requested that the existing fire hydrants
located on the site be used in the development, and found emergency and fire access for the project
to be adequate. Central Valley School District was contacted regarding the project but did not
submit any comments.
41. At the public hearing, the applicant objected to some of the updated conditions of approval
submitted by City Engineering in its memo dated May 7, 2003,which memo revised the
conditions of approval previously recommended by Spokane County Engineering.
42. Pursuant to RCW 58.17.110 and the City Subdivision Ordinance, the preliminary plat is
subject to review under the zoning and other development regulations in place at the time the
application was submitted as complete, i.e. February 4, 2003. This includes the 2001 Standards
for Road and Sewer Construction and the 1998 Guidelines for Stormwater Management.
43. County road standards have changed since the original preliminary plat of Manos Estates,
PUD was approved for the site in 1992, so that less right of way is required along county roads.
This was in part due to placement of certain road features in border easements. See 1981 County
Road Standards, and 2001 County Standards for Road and Sewer Construction. The City
Comprehensive Plan recommends the installation of separated sidewalks in all new urban
residential subdivisions. The 2001 Standards for Road and Sewer Construction recommend that
adequate vehicular and pedestrian access be provided to all parcels of land.
44. Policy T.4a.12 of 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; but indicates 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 that
make connecting systems impractical.
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45. City Engineering condition#1 requires the applicant to dedicate "... [a]dditional right of way
(10) feet...to provide 30 feet total from centerline of 4th Avenue...", and a"... 5-foot future
dedication area... in order to comply with a 35-foot ultimate width required from centerline for the
arterial collector standard."
46. At the public hearing, the City Engineer recommended the installation of contiguous
sidewalk along Fourth Avenue, indicating that this would involve the reservation of less City right
of way than separated sidewalks. Contiguous sidewalks are permitted under the 2001 Standards
for Road and Sewer Construction Standards only if authorized by the City Engineer. See 2001
Standards for Road and Sewer Construction, Sheet A-1 of Standard Plans.
47. The 2001 Standards for Road and Sewer Construction actually require more right of way for
a Collector Arterial with a contiguous sidewalk(57-foot total right of way width, or 28.5-foot half
width from centerline)than a Collector Arterial with a separated sidewalk(45-foot total right of
way width, or 22.5-foot half width). However, the total road profile is greater for a Collector
Arterial with a separated sidewalk,because of the width of the minimum 7-foot wide planting
strip, which is placed outside the right of way along with sidewalk in a border easement. Border
easements are not required for curbed roads with contiguous sidewalk. See 2001 Standards for
Road and Sewer Construction, p. 3-2 through 3-7, and Sheet A-1 of Standard Plans.
48. City Engineering condition#1 is unnecessary. The County Engineer's map for Section 23
indicates that with the 5-foot of right of way previously dedicated by the applicant for Fourth
Avenue, 30 feet of City right of way exists south of centerline adjacent to the site. No additional
right of way or future acquisition area is needed. If separated sidewalks are installed along Fourth
Avenue for the preliminary plat, the applicant would be required to dedicate a border easement.
See 2001 Standards for Road and Sewer Construction,p. 3-2. City Engineering condition#9
requires the dedication of border easements for Fourth Avenue.
49. The last page of the comments submitted by City Engineering lists several road related issues
that the City Engineering found not to meet current standards and/or were against sound
engineering principles. These concerns are in part based on the street design requirements for
PUD Overlay zones set forth in Section 14.704.380 of the City Zoning Code.
50. Contrary to the comments submitted by City Engineering, the prohibition of on-street
parking, the requirement for an additional one-half(1/2) stall per unit for guest parking, and the
other requirements set forth in Zoning Code 14.704.380 (1) do not apply to 24-foot wide, 2-way
private roads; but only apply to 22-foot, 2-way private roads. Zoning Code 14.704.380 (2) and(3)
apply to all streets in a PUD Overlay zone.
51. The applicant's request to convert the common open space tract located in the northeast
corner of the project to a visitor parking area, along with the 2-car garages and 18-foot long
driveways for additional parking on individual lots, ensures the adequacy of parking in the project.
52. Under the 2001 Standards for Road and Sewer Construction, Type "C"curbing is to be used
"... only in special cases..."with the approval of the.City Engineer, and Type "B"curbing is the
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standard type of curbing. The City Engineer requested that approximately 150 feet of existing
Type C curbing be removed from the site and replaced with standard concrete vertical curbing
Type B; on the basis that Type C curbing does not sufficiently restrict vehicles from encroachment
on the sidewalk.
53. Due to the relative narrowness of the private roads in the project, there is a concern for
parking encroachment on the sidewalk on the private roads. Further, the applicant is proposing
sidewalk only on one side of the private roads. The PUD Overlay zone requires the installation of
6-foot wide pedestrian pathways that are functionally and safely convenient to each dwelling unit
served and each recreational area within the PUD, and located and designed in accordance with the
approval of the City Engineer. On this basis,the City Engineer's request for Type B curbing is
appropriate.
54. The UR-7 zone permits a maximum residential density of seven(7) dwelling units per acre.
However, the Phase I Development Regulations restrict the density of new development on land
rezoned to the UR-7 zone after January 15, 2002 to six (6) dwelling units per acre. The Examiner
cannot waive this requirement for the project, as requested by the applicant. Restricting the
density of the preliminary plat/PUD, as it is currently designed,would appear to require the
elimination of two (2) single-family lots.
55. The conversion of the central common open space tract to a small private park for passive
recreation, as opposed to a playground, lessens the need to make the open space more open and
visible from the private roads. However,the applicant cannot completely control who will
purchase and own the homes in the project, such that young children may be present and need
space for recreation. The Examiner has added a condition recommending that the applicant make
such tract more visible and open from the private roads in the project.
56. The project is a relatively small residential development and is unlikely to have any
significant adverse impact on public parks in the area. The common open space in the project is
approximately 15% of the site, more than the 10%required by the PUD Overlay zone. Additional
common open space areas, or larger lot sizes,will likely be necessary in the project to meet
residential density requirements. The amount of common open space and the recreational
opportunities provided in the common open space by the project make appropriate provision for
open space and park and recreational opportunities.
57. County Engineering conditions of approval previously submitted for the project indicate that
the proposal meets direct transportation concurrency requirements. The City Engineering
conditions do not address concurrency and require the submittal of a"trip distribution and traffic
analysis". This is extremely late in the review process to address transportation issues, since the
Phase I Development Regulations require transportation concurrency review before a development
project is submitted to the Hearing Examiner.
58. The Examiner has modified City Engineering condition#12 to require that the transportation
concurrency review requirements of the Phase I Development Regulations be met for the project.
It appear likely that the City Engineer will be able to issue a transportation concurrency certificate
for the project without further traffic mitigation
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59. The 1998 Guidelines for Stormwater Management indicate that drainage facilities generally
need to be located within drainage swale easements and street right-of-way for residential
developments. Detention or retention ponds within single-family residential neighborhoods are
required to be located in separate tracts dedicated to an entity responsible for the maintenance of
the ponds, usually a homeowner's association. The project has been conditioned to meet such
requirements.
60. City Engineering condition#11 requests that drainage from Fourth Avenue be confined to
dedicated public right of way. If separated sidewalks are required or installed, such drainage
would need to be placed in a drainage or border easement conveyed to the City.
61. The plat map omits certain requirements for preliminary plat maps, as specified in paragraph
12.400.106 (2) of the Subdivision Ordinance. This includes information regarding the site owner,
method of water supply and sewage disposal, and the location of all proposed easements.
62. The PUD plan contains inadequate or incorrect information with regard to the requirements
for a preliminary PUD site development plan under Section 14.704.140 of the County Zoning
Code. The function of all common open space tracts is not identified. The densities (net) of each
phase of the preliminary plat/PUD is not specified. A schematic landscaping plan was not
submitted for the project; and there is no indication that the landscaping plan submitted in 1993 for
the original expired preliminary plat has any application to the current project.
63. The project proposes a reduced front yard building setback of 20 feet, whereas the standard
front yard setback in the UR-7 zone is 25 feet. The PUD Overlay zone authorizes the Examiner to
approve reduced building setbacks provided there is adequate provision of light and air for all
structures. See Zoning Code 14.704.325. The City Engineer did not object to the proposed
deviation in front yard setbacks in the project, and a 20-foot setback provides an adequate
separation of vehicles in the driveways of each lot from the roads in the project and Fourth
Avenue. The reduced front yard setback is appropriate.
64. Certain lots in the preliminary plat do not meet the minimum lot size of 4,200 square feet
required for a single-family residence in a PUD Overlay zone in the UR-7 zone, i.e. Lots 1, 14, 26,
30 and 35. Such lots will have to be modified to remedy this deficiency.
65. The Phase I Development Regulations require that 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 Low Density Residential
category, in which the site is designated, are the UR-3.5 and UR-7 zones.
66. The maximum building height in the UR-7 zones is 35 feet. The plat map/PUD plan
indicates that the homes in the project will be single-story and will be approximately 16-18 feet
tall.
67. The preliminary plat will be served with public sewer and water, and modern utilities. The
site lies in a developing urban area,where other urban subdivisions have been approved and
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developed. The site is located along an Urban Collector Arterial, and has good access to the major
arterial road systems.
68. The Staff Report sets forth applicable policies of the GMA Comprehensive Plan, in addition
to the specific policies listed above, and analyzes the consistency of the proposal with such
policies. The Examiner concurs with such analysis and hereby adopts and incorporates the same
by reference as findings of fact herein.
69. The design, shape, size and orientation of lots in the preliminary plat, as conditioned by the
Examiner, 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, as conditioned, 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.
70. No public agencies or members of the public objected to the approval of the proposal, as
conditioned, or its environmental impact. The project will not have more than a moderate effect
on the quality of the environment.
71. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare.
72. The proposal has been conditioned for compliance with the UR-7 zone, the County Zoning
Code, the County Subdivision Ordinance, and other applicable development regulations.
73. Changed conditions have occurred 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 2002
Comprehensive Plan and the Phase I Development Regulations, final approval and development of
the Cherry Grove PUD project, approval of the Cherry Grove preliminary plat/PUD Overlay zone
and rezone to the UR-7 zone, incorporation of the City of Spokane Valley, and increased
population growth in the area.
74. The Examiner has added certain conditions of approval to ensure compliance with
development standards and to remedy deficiencies in the preliminary plat/PUD.
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
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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 zone reclassification and PUD Overlay zone. A substantial change of
circumstances has occurred in the area since the site was last zoned.
6. The proposed zone reclassification and PUD Overlay zone, as conditioned,meet the criteria
established by Washington case law for approving a rezone.
7. The procedural requirements of the State Environmental Policy Act and the City's Local
Environmental Ordinance have been met.
8. The proposal, as conditioned, complies with the UR-7 zone, the PUD Overlay zone,the
County Zoning Code, the County Subdivision Ordinance and other applicable development
regulations.
9. The procedural requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met. The proposal, as conditioned,will not have a
significant, probable adverse impact on the environment.
10. Approval of the subject applications is appropriate under the City Zoning Code and City
Ordinance No. 57.
III. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject applications for a
preliminary plat, PUD Overlay zone and zone reclassification to the UR-7 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.
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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 Preliminary Plat, Planned Unit Development(PUD) Overlay zone and Zone
Reclassification apply to the property legally described as:
Tract"D"of Short Plat No. SP-79-118,per plat recorded in Volume 1 of Short
Plats, Page 84,records of Spokane County Auditor; Except the West 94 feet
thereof; and Except the North 5 feet thereof dedicated for Fourth Avenue; Situate
in the County of Spokane, State of Washington.
3. The final plat and final PUD site development plan shall comply with the City Subdivision
Ordinance, the Urban Residential-7 (UR-7) zone,the PUD Overlay zone, the Aquifer Sensitive
Area Overlay zone, other applicable provisions of the City Zoning Code, and other applicable
development regulations.
4. The final plat and final PUD site development plan shall be designed substantially in
conformance with the preliminary plat map/PUD site development plan of record submitted on
March 19, 2003, subject to compliance with the conditions of approval and development
regulations. No substantial modification to the preliminary plat/PUD or conditions of approval
shall occur without the submittal of a change of condition application and its approval by the
Hearing Examiner after a public hearing.
5. The Division of Current Planning must review and approve any proposed final plat and final
PUD site development plan.
6. A final plat name/number, approved by the Current Planning Division, shall be indicated
before the final plat is filed.
7. Appropriate road name(s) assigned by the City Division of Building shall be drafted on the
face of the final plat.
8. Appropriate utility easements shall be indicated on copies of the proposed final plat. The
approval of utility easements by appropriate utility companies shall accompany the submittal of the
final plat.
9. The final plat map shall indicate,by a clear, dashed line,the required yard setbacks from all
private or public roads. The dedication shall state: "Front yard, side yard and rear yard setbacks
are specifically drafted on this final plat. The setbacks indicated on this plat may be varied from if
proper zoning approvals are obtained."
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10. Four(4) current certificates of title shall be furnished to the Division of Current Planning
prior to filing the final plat.
11. Prior to filing all or a portion of the final plat, the applicant's surveyor shall submit one or
more maps outlined in red of the area being finalized. The scale shall match the appropriate
Assessor's map scale.
12. At the time of final plat submittal, the applicant shall demonstrate either on the face of the
final plat or on an acceptable attachment that all lots located on a cul-de-sac or curvilinear street
meet or exceed the minimum required frontage.
13. A survey is required prior to the filing of the final plat.
14. The street address for each lot shall be indicated on the face of the final plat. The Division of
Current Planning reserves the right to confirm the actual address at the time a building permit is
issued.
15. The applicant shall install a 6-foot high, sight-obscuring fence along the perimeter of the site
adjacent to Urban Residential-3.5 (UR-3.5)zoning. Such fencing shall be of uniform construction
along its entire length.
16. Any final plat shall not exceed a residential density(net) of six (6) dwelling units per acre.
Note: The preliminary plat map of record exceeds such maximum density.
17. The lots in the final plat shall meet the minimum lot area for a single-family residence in the
UR-7 zone, in a PUD Overlay zone, of 4,200 square feet. Note: Some lots in the preliminary plat
map of record do not meet the minimum lot area.
18. The recreational vehicle and boat storage use illustrated on the common open space tract
located in the northeast corner of the preliminary plat is not permitted in the PUD Overlay zone
unless such use is fully enclosed. The use of such tract shall be converted to a parking area for
visitors, or other suitable use approved by the Division of Current Planning.
19. The central common open space tract in the project shall be reserved for passive
recreational use instead of a playground. The applicant is encouraged to make such tract more
visible and open to the private road system serving the project, to provide a more safe and open
environment for children that may use such tract.
20. The preliminary PUD site development plan does not meet the requirements of Section
14.704.140 of the City Zoning Code in certain respects, including the failure to identify the
function of all common open space tracts, tabulation of the densities (net) in each phase of the
preliminary plat/PUD, and the lack of a schematic landscaping plan. The final PUD site
development plan shall remedy such deficiencies.
21. The Preliminary Plat shall expire five (5) years from the date of this decision, on May 30,
2008; unless a time extension application and supporting data are submitted to the Division of
HE Findings, Conclusions and Decision PE-1916-03/PUDE-2-03/ZE-3-03 Page 13
Current Planning at least thirty(30) days prior to May 30, 2008, in accordance with the City
Subdivision Ordinance, and the application is approved by the Division of Current Planning.
22. 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 Tract"D"of Short Plat No. SP-79-118,per plat
recorded in Volume 1 of Short Plats, Page 84,records of Spokane County Auditor; Except
the West 94 feet thereof; and Except the North 5 feet thereof dedicated for Fourth Avenue;
Situate in the County of Spokane, State of Washington, is the subject of a land use action by
the City of Spokane Valley Hearing Examiner on May 30, 2003, approving a preliminary
plat, Planned Unit Development Overlay zone and zone reclassification for the subject
property, and imposing various development conditions. File No. PE-1916-03/PUDE-2-
03/ZE-2-03, relating to such approval, is available for inspection and copying in the City of
Spokane Valley Department of Community Development."
CITY OF SPOKANE VALLEY DEPARTMENT OF PUBLIC WORKS, CITY ENGINEER
Prior to release of a building permit or use of property as proposed:
1. The applicant shall dedicate sufficient right-of-way to the City of Spokane Valley to provide
a width of 30 feet from the centerline of Fourth Avenue adjacent to the site. Note: County maps
and the preliminary plat map of record indicate that sufficient right of way has already been
dedicated.
2. 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.
3. 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.
4. No construction work is to be performed within the existing or proposed public right-of-way,
until the City Engineer issues a permit. All work is subject to inspection and approval by the City
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Engineer.
5. All construction within the existing or proposed public right-of-way shall be completed prior
to filing the final plat, or a bond in the amount estimated by the City Engineer to cover the cost of
construction of improvements, construction certification, "Record Drawings"plans and
monumenting the street centerlines shall be filed with the City Engineer.
6. Road design, construction and drainage control is the responsibility of the developer.
7. Approach permits are required for any access to the Spokane Valley roadway system. Work
within the City's right-of-way will require a separate permit.
8. The applicant is advised that there may exist utilities either underground or overhead
affecting the applicant's property, including property to be dedicated or set aside future
acquisition. The City of Spokane Valley will assume no financial obligation for adjustments or
relocation regarding these utilities. The applicant should contact the applicable utilities regarding
the responsibility for adjustment or relocation costs and to make arrangements for any necessary
work. NOTE: There currently exist overhead utility poles along Fourth Avenue,which shall be
relocated at a cost to the developer.
9. The applicant shall grant applicable border easements adjacent to Spokane Valley right of
way per the 2001 County Standards for Road and Sewer Construction, as adopted by the City of
Spokane Valley.
10. Erosion Control: 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.
11. The present design allows stormwater from Fourth Avenue to flow into the interior"208"
drainage system for the plat. The City Engineer recommends that all drainage from the public
right-of-way on Fourth Avenue be managed on dedicated public right-of-way, separate from the
interior plat system. Any part of the drainage system that lies outside of the public right-of-way
will neither be maintained nor operated by City of Spokane Valley forces. Prior to plan acceptance
by the City Engineer, the applicant shall provide a mechanism for the perpetual maintenance of the
stormwater drainage system. The mechanism shall also provide for the funding of routine
maintenance and the replacement of the various components of the drainage system at the end of
the service life of the respective components, and any other improvements that may be legally
required in the future. An Operations and Maintenance manual for the stormwater management
system shall be prepared by the applicant's Engineer and included in the project documents
submitted to the City Engineer for acceptance; along with a discussion of the design life of the
HE Findings, Conclusions and Decision PE-1916-03/PUDE-2-03/ZE-3-03 Page 15
various components, a calculated annual cost for repair and maintenance, and a calculated
replacement cost.
12. Prior to final plat approval, the project shall be reviewed for transportation concurrency
under the Phase I Development Regulations adopted by the City. This will require preparation of
a trip distribution and/or traffic analysis for the project area by a Washington State licensed
Professional Transportation Engineer retained by the applicant. The information acquired from the
study will be used to determine in the final design, and a letter will be compiled with this data and
included in the final project submittal to the City of Spokane Valley for engineering review.
13. The roads and drainage in the final plat shall be updated to meet the 2001 Edition of the
Spokane County Standards for Road and Sewer Construction, the 1998 Spokane County
Guidelines for Stormwater Management in order to meet requirements for planning review.
14. The City Engineer recommends that common open space in the final plat be dedicated for
guest parking, similar to the Cherry Grove PUD to the north.
15. Crosswalks should be clearly marked at the entrances to the central common open space
tract, which is to be dedicated for a private park.
16. Illumination shall be provided along the interior streets, at each crosswalk, and at the
intersections of Fourth Avenue and private roads.
17. Curbs must be standard concrete vertical curb "Type B", in order to discourage parking on
sidewalks. This requires 150 feet of existing"Type C" curbing to be removed.
18. Radii for interior curbs at the private road and Fourth Avenue intersections shall be 30 feet.
This radius is due to the narrow roadway width.
SPOKANE COUNTY DIVISION OF UTILITIES/CITY OF SPOKANE VALLEY
DEPARTMENT OF PUBLIC WORKS
1. The 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 project 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 the finalization
of the project.
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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 j.
Ordinance.
5. Security shall be submitted to the Division of Utilities prior to approval of Sewer Design
Plans.
6. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE REGIONAL HEALTH DISTRICT
1. The final 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
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. 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 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
HE Findings, Conclusions and Decision PE-1916-03/PUDE-2-03/ZE-3-03 Page 17
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
1. All applicable air pollution regulations must be met. See memorandum to County Planning
dated February 28, 2003, from Ron Edgar of SCAPCA.
SPOKANE COUNTY FIRE DISTRICT 1
1. Existing fire hydrants on this property shall be used. Established road names shall be used.
If a gate is proposed,then a `to-scale' drawing is required for review by Spokane County Fire
District 1.
HE Findings, Conclusions and Decision PE-1916-03/PUDE-2-03/ZE-3-03 Page 18
DATED this 30th day of May, 2003.
CITY HEARING EXAMINER PRO TEM
Cit4e r
Micha C. Dempsey, WSBA 23
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, zone reclassification 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 May 30, 2003. THE APPEAL CLOSING DATE IS JUNE 13, 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 may be 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.
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