SUB-2014-0002 Mathis Findings and Decision CITY OF SPOKANE VALLEY HEARING EXAMINER
Preliminary Plat of Mathis Addition, in the R-3 )
Zoning District; ) FINDINGS OF FACT,
) CONCLUSIONS OF LAW,
Applicant: Mathis Construction ) AND DECISION
File No. SUB-2014-0002 )
)
I. SUMMARY OF DECISION
Hearing Matter: Application for a preliminary plat, in the R-3 zoning district.
Summary of Decision: Approve preliminary plat, subject to conditions. The preliminary plat will
expire on December 16, 2021; unless a request for an extension of time is timely submitted at least
30 days prior to such expiration date.
II. FINDINGS OF FACT
1. The application seeks approval of the preliminary plat of Mathis Addition; to subdivide
approximately 10.55 acres of land into thirty-eight (38) lots for single-family dwellings, in the
Single-Family Residential (R-3) District zoning designation.
2. The site is located at the southwest corner of the intersection of Forker Road and Bannen
Road; directly east of the intersection of Sanson Road, Evergreen Road and Forker Road; in
Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 46353.0207, and is
legally described on the preliminary plat map of record.
4. The applicant, and site owner, is Mathis Construction; which entity is addressed at c/o Bruce
Mathis, P.O. Box 14262, Spokane, WA 99214.
5. On August 28, 2014, the applicant submitted a complete application for the preliminary plat
to the City Community Development Department ("Department").
6. On October 31, 2014, the Department issued a Determination of Nonsignificance (DNS) for
the application, under Chapter 21.20 of the Spokane Valley Municipal Code (SVMC). The DNS
was not appealed.
7. On November 13, 2014, the Hearing Examiner held a public hearing on the application. The
Examiner conducted a site visit on November 12, 2014.
8. The following persons testified at the public hearing:
HE Findings, Conclusions and Decision File No. SUB-2014-0002 Page 1
Marty Palaniuk and Lori Barlow Mike Meidling
City Community Development Department P.O. Box 369
11707 E. Sprague Avenue, Suite 106 Greenacres, WA 99016
Spokane Valley, WA 99206
9. Exhibits 1-12 consist of attachments to the Staff Report prepared by the Department, which
report is located in the application file. Exhibit 13 consists of three (3) photos attached to the
email from Mike Meidling to Martin Palaniuk, sent on October 18, 2014 at 9:15 a.m.
10. The record also includes the photos of the site and area displayed by planner Martin Palaniuk
at the public hearing, taken the day before the hearing; and a copy of the affidavit of publication for
the notice of hearing, prepared by the Spokane Valley News Herald on October 31, 2014.
11. The Hearing Examiner heard the application pursuant to SVMC Chapter 17.80, Chapter
18.20 and Title 20; and the Hearing Examiner Rules of Procedure, codified in Appendix B of the
SVMC.
12. The Hearing Examiner takes notice of the City Comprehensive Plan, SVMC, and Spokane
County Standards for Road and Sewer Construction adopted by the SVMC; other applicable
development regulations; and prior land use decisions in the vicinity.
13. The record includes the electronic recording of the hearing by the Hearing Examiner; the
Staff Report (including Exhibits 1-12), and the other documents in the application file at the time
of the public hearing; Exhibit 13, and the photos of the site and area displayed by City planning
staff at the hearing; the affidavit of publication for the notice of hearing for the application; and the
items taken notice of by the Examiner.
14. Notice for the public hearing was provided by the Department mailing a notice of hearing to
all owners of property located within 400 feet of the site, by first class mail on October 28, 2014;
the Department publishing a notice of hearing in the Spokane Valley News Herald, on October 24,
2014; and the applicant posting a notice of hearing sign along the frontage of the site with
Evergreen Road/Forker Road, on October 15, 2014. See Exhibit 11; affidavits of posting, mailing
and publication in file; and public notice packet given to applicant by City Planning staff.
15. On October 15, 2014, the applicant, who owns a sign company, had a notice of hearing sign
posted on the site. The sign was posted along the west edge of the site; facing Evergreen Road and
Forker Road, where they merge at their intersection with Sanson Road; and facing west toward
such intersection. See testimonies of Bruce Mathis and Mike Meidling, affidavit of posting dated
10-15-14, and photos of site displayed at hearing.
16. In conformance with the notice of hearing requirements in SVMC 17.80.120.B.1, the posted
sign was of the appropriate size and dimensions, posted along the most heavily traveled street(s)
lying adjacent to the site, provided by the applicant, posted at least 15 days before the public
hearing, constructed of material of sufficient weight and reasonable strength to withstand normal
weather conditions, contained the proper lettering and content for a notice of hearing for the
HE Findings, Conclusions and Decision File No. SUB-2014-0002 Page 2
project, and contained the proper spacing for the lettering. See testimony of Bruce Mathis and
Martin Palaniuk.
17. On October 31, 2014, Martin Palaniuk visited the site to post a SEPA notice on the sign,
and observed that the sign was still in place. On November 12, 2014, the day before the hearing,
the Hearing Examiner visited the site, and observed that the sign was not visible on the post
erected for the sign. Palaniuk visited the site the same day, and confirmed that the sign was not up
but the sign post was still in place. At the hearing, Palaniuk confirmed the Examiner's observation
that it had been very windy over the last few days before the hearing, and agreed with testimony
submitted by Bruce Mathis that high winds had probably blown the sign down during the last few
days before the hearing. See Hearing Examiner opening remarks, and testimony of Martin
Palaniuk.
18. Mike Meidling, who along with Teri McLane own contiguous 1-acre and 9-acre parcels lying
north of the site across Forker Road, contended that the posted notice of hearing should have been
placed facing traffic either along Evergreen or Forker Road, so that it could be readily seen by
passing traffic; instead of being placed parallel to Evergreen/Forker and facing toward the
intersection of such roads with Sanson Road. However, the sign can be viewed by traffic as it
passes the sign; persons can also stop their vehicles along the road, and get out and view the sign
from the roadway; and posting the sign facing traffic in one direction would not allow traffic to
view the sign coming from the other direction on the road. See testimony of Mike Meidling.
19. The posted, published and mailed notices of hearing fully complied with the notice of hearing
requirements set forth in SVMC 17.80.120.B.1.
20. The site is approximately 10.55 acres in size, irregular in shape, relatively flat in topography,
and covered by grass and weeds.
21. The City's Critical Areas maps do not designate any priority wildlife habitat, wetlands or
geo-hazard areas on the site; but designate the site and area in a critical aquifer recharge area
(CARA) of high susceptibility to groundwater contamination.
22. The City's DNR streams and wetlands map, dated May 2009, illustrates a DNR Type F
stream extending westerly through the north edge of the site near Forker Road, from the east and
northeast; continuing easterly off-site north of Sanson Road; and extending southwesterly all the
way to the Spokane River. See Map 8.1 after p. 24 of Comprehensive Plan, map on website for
Community Development Department, and p. 2 of pre-application worksheet in file.
23. In November 2013, the applicant's surveyor applied to the Washington State Department of
Natural Resources (DNR) for a water type modification under WAC 222-16-030, to delete the
stream from the City's map. This was approved by the required DNR committee on December 17,
2013, based on there being no defined stream channel on the site, and no perennial water source for
the drainage located along the north edge of the site. The DNR forest practices water type maps
currently show the DNR Type F stream terminating one (1) block (700-800 feet) east of the site,
just southwest of the intersection of Forker Road and Best Road. See WAC 222-16-030 and 222-
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16-031; SVMC 21.40.030C; p. 3 of Department environmental checklist review; and map locater
for forest practices stream types in Washington, on State DNR website.
24. The preliminary plat map of record, dated November 11, 2014, illustrates division of the site
into 38 lots ranging from 7,500 square feet to 16,532 square feet in size; with the average lot size in
the project exceeding 10,000 square feet.
25. The preliminary plat map illustrates an internal system of public roads that includes the
extension of Sanson Road through the site, from Evergreen Road/Forker Road to Bannen Road.
The internal road system includes the northerly extension of three (3) cul-de-sacs from proposed
Sanson Road in the project, each terminating one lot south of Forker. The map illustrates the
dedication of a 4-foot width of the site to the City for right of way, along the east border of the site
adjacent to Bannen Road.
26. The land lying northerly of Forker Road and Sanson Road in the vicinity is situated in the
unincorporated area of Spokane County, designated outside the Spokane County Urban Growth
Area, designated Rural Conservation by the Spokane County Comprehensive Plan, and zoned
Rural Conservation (RCV) by the Spokane County Zoning Code. Such land generally consists of
larger acreage parcels that are improved with single-family dwellings and/or rural uses (including
farming and animal-keeping), or are undeveloped; slope up steadily to the north and northeast, and
are wooded with Ponderosa pine trees to varying degrees. See aerial map in Exhibit 4.
27. The site and neighboring land lying southerly of Forker Road and Sanson Road in the area
are designated in the Low Density Residential category of the Comprehensive Plan, and zoned R-3.
Such land generally consists of single-family dwellings on lots or parcels 10,000 square feet or
larger in size; but also includes a large church and sports field, on the 7-acre parcel lying directly
south of the site.
28. The single-family parcels located east of the site along Bannen Road are one-half(1/2) acre
in size or greater. The single-family parcels located directly southwest of the site across Evergreen
Road are 10,000 square feet in size or larger. See maps in Exhibits 1-4, and County Assessor maps
in file.
29. An undeveloped strip of land, varying between 9.5 feet and 14 feet in width, lies between the
easterly one-third (1/3) of the site and Forker Road. The land is part of a 2-acre parcel of
undeveloped land that continues east of the site, across Bannen Road, as a narrow strip of land
abutting Forker Road; widens out significantly east of Best Road, south of Forker Road; and abuts
an assemblage of several large parcels of undeveloped land lying south of Forker Road, west of
Progress Road. See County Assessor map for the S '/A of Section 35 in file; preliminary plat map
of record; County Assessor parcel information in file; and aerial map in Exhibit 4.
30. The County Arterial Road Plan designates Forker Road as an Urban Minor Arterial in the
vicinity. The City Arterial Street Plan designates Evergreen Road and Wellesley Avenue in the
vicinity as Minor Arterials, and Sullivan Road to the east as a Principal Arterial. Sanson Road,
Bannen Road, and the other City streets in the vicinity are considered Local Access streets. See p.
13 of Staff Report.
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31. Public comments regarding the project were submitted by Mike Meidling and Teri McLane,
who own 10 acres across Forker Road from the site, in the unincorporated area of the county; and
Jordan Miller, who apparently resides along Forker Road northeast of the site. Such residents
expressed the following concerns:
(a) Increased traffic and speeding along Forker Road and Evergreen Road.
(b) Traffic safety issues along Forker Road, where it curves to the northeast from the intersection
of such road with Evergreen Road and Sanson Road. This included traffic volumes, sight distance
along the curve and at intersection with Sanson, slope and degree of curve, narrowness of paved
surface at 22 feet, presence of large vehicles and deer on the roadway, and the intersection of the
driveway for the Meidling/McLane property along the curve; and the construction of homes on the
site along the roadway that may further reduce sight distance for traffic at the curve.
(c) Limited sight distance at the intersection of Forker and Bannen Road, including limitations on
visibility from such intersection looking to the east and the potential reduction of sight distance
looking to the west by new housing on site; and the need for a traffic study to address the traffic
safety issues for the project.
(d)Housing density and lot sizes that are inconsistent with neighboring properties.
(e)The need for open space along the north and west edge of the proposed development.
(f) Noise and smell complaints that new residents may make regarding cattle, sheep and/or horses
raised on the Meidling/McLane acreage.
(g) Impacts on deer, hawks,turkeys and other wildlife that use the area.
(h) Impacts on quality of life, safety of children along road, and other concerns.
See testimony of Mike Meidling, emails from Mike Meidling to Martin Palaniuk, dated 10-18-24
at 9:15 a.m. and 11:23 a.m. (with photos attached to 9:15 a.m. email, marked as Exhibit 13 at
hearing), and dated 10-22-14; and letter dated 10-20-14 from Jordan Miller.
32. RCW 36.70B.030 and RCW 36.70B.040 require that a comprehensive plan and development
regulations adopted by local government under the State Growth Management Act (GMA) serve as
the foundation for project review; and that where standards for development are specified in local
development regulations, or in the absence of applicable development regulations, are addressed in
a comprehensive plan, such regulations, or the comprehensive plan, respectively, are determinative
of the standards of development for the land use action.
33. Under Washington case law, where the comprehensive plan of a local government conflicts
with zoning regulations or other development regulations, the zoning and development regulations
are controlling. See Citizens for Mount Vernon v. City of Mount Vernon, 133 Wn.2d 861 (1997).
HE Findings, Conclusions and Decision File No. SUB-2014-0002 Page 5
34. The Low Density Residential category of the Comprehensive Plan provides for a range of
single-family residential densities from 1-6 dwelling units per acre; and is implemented by the R-1,
R-2, R-3 and R-4 zoning districts of the SVMC.
35. The Staff Report submitted by the Department sets forth relevant policies of the
Comprehensive Plan for the application, and found the application to substantially conform to such
policies. Additional relevant policies include the following:
(a) Policy TP-1.1 recommends that street design provide for connectivity between residential
neighborhoods and collectors, and that through traffic be discouraged.
(b)Policy TP-2.1 recommends that street design should complement adjacent development.
(c) Policy TP-4.1 recommends that high-speed traffic be restricted from residential neighborhoods
and utilize traffic calming strategies to reduce vehicle speeds where appropriate.
(d) Policy TP-8.1 recommends that the City's transportation system be used to support desired land
uses and development patterns.
(e) TP-11.1 recommends that street standards, land uses, densities and building placement support
the facilities and services needed along transit routes to make transit viable.
(f) Policy LUP-16.1 encourages new developments to be arranged in a pattern of connecting streets
and blocks to allow people to safely get around easily by foot, bicycle, bus or car.
36. SVMC 19.40.040 describes the R-3 district as providing low density residential development
that is intended to preserve the character of existing development, subject to compliance with the
dimensional standards of SVMC Chapter 19.40 established for such zoning district.
37. The R-3 zoning district requires a minimum lot size of 7,500 square feet, a minimum lot width
of 65 feet, a minimum lot depth of 90 feet, front/flanking yards of 15 feet, a minimum garage
setback and minimum rear yard setbacks of 20 feet, a side yard setback of five (5) feet, and a
minimum height of 35 feet; for the development of single-family dwellings. Setbacks located
adjacent to a private driveway easement must be established from the inner edge of the driveway.
See Table 19.40-1 of SVMC 19.40.020.
38. As stated in the Staff Report on page 4, the preliminary plat complies with, or will be
required to comply with (i.e. minimum setbacks and heights), such lot standards.
39. Pursuant to RCW 36.70B.030 and RCW 36.70B.040, the Hearing Examiner cannot question
the lot sizes, frontages, widths and depths; the number of dwelling units; or the proposed land uses
in the preliminary plat, to the extent such features comply with the development standards of the
HDR zone.
40. The lot sizes in the preliminary plat range from 9,416 square feet to 16,532 square feet, along
the north and west borders of the site; with an average lot size of approximately 12,400 square feet.
HE Findings, Conclusions and Decision File No. SUB-2014-0002 Page 6
The lot sizes along the east border of the site range from 7,719 square feet to 14,425 square feet,
with an average lot size of approximately 10,400 square feet.
41. The lot sizes in the preliminary plat along the east, west and north borders of the site are
similar to those for the lots located southwest of the site in the City, zoned R-3; as well as the lots
located one (1) lot east, one (1) lot south and one (1) lot southeast of the site, respectively. The
smaller lots in the project are located within the interior of the project, or along the south property
line adjacent to the church and its sports fields.
42. By placing the larger lots in the project along the east, west and north boundaries of the
preliminary plat, the project provides transition between the smaller lots in the project and the
larger lots and parcels located offsite to the north, west and east; while staying within the concept
of the R-3 district. The average lot size in the project along such boundaries exceeds the minimum
lot size in the Single-Family Residential Suburban (R-2) district of 10,000 square feet.
43. SVMC 20.20.090.B.4 requires lots fronting along arterials to install a screening device on the
lot, limiting visibility between the arterial and the adjoining lots. The Spokane Valley Planning
Division conditions of approval listed on page 11 of the Staff Report require that a screening
device be installed along Forker Road (an arterial) adjacent to the lots proposed along such road,
conforming to SVMC 22.70.030.B.
44. The screening standard set forth in SVMC 22.70.030.B includes the installation of a sight-
obscuring fence consistent with the requirements for a"clearview triangle"; which fence must be at
least six (6) feet high and 100% sight-obscuring, composed of one or more materials listed in such
code section. The fence must be screened by a mix of plantings located within a 5-foot wide buffer
strip that are layered and/or combined to obtain an immediate dense sight-obscuring barrier of 2-3
feet in height, and selected to reach six (6) feet in height upon maturity.
45. SVMC 22.70.020.0 prohibits residential fencing, or any sight obstruction including
vegetation, which constitutes a hazard to the traveling public from being permitted on any lot in
any zone within the area designated as the "clearview triangle"; according to the detailed
specifications for the clearview triangle set forth in SVMC 22.70.020.0
46. The City Road Standards, and the County Road Standards which are relied on in the City
Road Standards, in pertinent part authorize the City Engineer or the County Engineer to require a
traffic impact analysis when it is determined that an existing route with a history of traffic
accidents will be further impacted by an increase in traffic from the proposal; the project would
adversely impact public roadway traffic circulation or access; or the project will generate enough
peak hour trips to lower or aggravate the minimum acceptable level of service (LOS). See Section
1.30 of County Road Standards.
47. City Traffic Engineering certified transportation concurrency for the preliminary plat
application, i.e. that the traffic from the project will not degrade the level of service of public road
intersections in the area to a failing level during the peak hour; and the project meets City
transportation concurrency requirements. See certificate of transportation concurrency dated 9-22-
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14; SVMC Chapter 22.20, SVMC 22.130.040, SVMC 22.130.040, and SVMC 22.130.040.020;
and Spokane County Standards for Road and Sewer Construction, as adopted by City.
48. The applicant submitted a traffic distribution letter dated September 16, 2014, prepared by
Ann Winkler, a professional traffic engineer, for Sunburst Engineering. Winkler found in the letter
that overall traffic distribution from the site would be 25% to the north along Forker Road, and
75% to the south along Evergreen, with incidental traffic on Bannen Road resulting from the
extension of Sanson Road through the site. Winkler found that the intersection of Evergreen and
proposed Sanson Road, and the intersection of Wellesley and Evergreen would be most impacted
by traffic from the project, both intersections appeared to have adequate capacity, and there is no
danger of either intersection falling into unacceptable levels of service. The letter did not note any
traffic safety concerns for the project.
49. The conditions of approval recommended by City Engineering requested that four (4) feet of
the site along Bannen Road, which currently has 45 feet of right of way, be dedicated for right of
way purposes; the paved surface of Bannen be widened to 15 feet from centerline along the
frontage of the site; and curb, gutter, swale, sidewalk and a border easement be provided along
such frontage.
50. The conditions of approval recommended by City Engineering requested that the paved
surface of Evergreen Road, which currently has an adequate 60 feet of right of way, be widened to
22 feet from centerline along the frontage of the site; and curb, gutter, swale, sidewalk and a border
easement be provided along such frontage. The conditions also require that proposed Sanson
Road, and the proposed cul-de-sacs, in the project be fully improved to City street standards;
including a paved surface, and curbs, gutters, swales, sidewalks and border easements. See p. 12-
14 of Staff Report.
51. The conditions of approval recommended by County Engineering requested that Forker Road
be improved to a Minor Arterial standard where is abuts the site, by adding 12-14 feet of asphalt,
and curb and sidewalk along the south side of the road. Direct access to Forker Road is prohibited.
See p. 14-15 of Staff Report.
52. City Engineering, County Engineering and the applicant's traffic engineering consultant did
not note any traffic safety concerns with the project, as conditioned; or find the need for a traffic
impact analysis to study traffic safety impacts.
53. Neighboring property owners did not support their traffic safety concerns with competent
traffic engineering evidence, which is needed to rebut the findings and recommendations made by
City Engineering, County Engineering and the applicant's traffic engineer. The applicant is
required to significantly expand the paved width of Evergreen, Forker and Bannen Roads along the
frontage of the site; add sidewalk, curb and other frontage improvements along such roads; and
provide an additional four (4) feet of right of way along Bannen. The SVMC, as well as the
County Road Standards, require sight distance to be maintained along such roads, including the
screening required along Forker Road.
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54. The project will be served with public sewer and water. County Utilities, and Trentwood
Irrigation District No. 3 and County Fire District 1, respectively certified that the preliminary plat
meets the public sewer and public water concurrency requirements set forth in the SVMC. See
Spokane Regional Health District conditions in Exhibit 12, and concurrency certifications in
preliminary plat application.
55. Both City Engineering conditions of approval, and Spokane County Engineering conditions,
require the project to manage and treat stormwater in accordance with the drainage provisions set
forth in the SVMC, and the Spokane Regional Stormwater Manual. This assures the appropriate
management of drainage on the site, and the treatment of stormwater required in a CARA of high
susceptibility to groundwater contamination.
56. The Department notified East Valley School District#356 of the application and DNS issued
for the project, which the school district did not respond to. Since the district did not respond with
timely written comments, the Department may assume that the district had no information relating
to the potential impact of the proposal as it relates to the district's jurisdiction or special expertise.
The lack of timely comment by the district may also be construed as a lack of objection to the DNS
issued by the Department. See WAC 197-11-545.
57. The SVMC does not require direct concurrency for schools or parks, and provides no
mechanism or basis for the imposition of impact fees on new development, including the current
project, to mitigate impacts on such facilities. Under the circumstances, the preliminary plat makes
appropriate provisions for parks and schools. See SVMC Chapter 22.20.
58. Public agencies did not object to the project, or the environmental impact generated by the
proposal; and the conditions of approval requested by such agencies are recommended as
conditions of approval in the Staff Report.
59. The site does not contain any designated priority wildlife habitat areas for White-tailed deer
or other priority species. The Washington State Department of Fish & Wildlife was contacted
regarding the project, but did not submit any comments. There is no competent evidence in the
record that the project would have any significant probable environmental impacts on the deer
population in the area, or other priority wildlife, that would require special protection for such
habitat or species, or require the applicant to have a habitat management plan prepared for the
project; under SVMC 21.40.030 and SVMC 21.40.040.
60. The record indicates that the environmental impacts of the project were given sufficient
consideration by the applicant and the Department, and the project will not have a significant
probable adverse impact on the environment. The DNS issued for the project was not appealed.
The procedural requirements of the State Environmental Policy Act and SVMC Title 21
(Environmental Controls) have been met.
61. As set forth in the Staff Report, and as supplemented by the above findings, the preliminary
plat (and dedication) is consistent with the Comprehensive Plan; will serve the public use and
interest; makes appropriate provision for the public health, safety and general welfare; and makes
HE Findings, Conclusions and Decision File No. SUB-2014-0002 Page 9
appropriate provisions for the facilities, services and factors set forth in RCW 58.17.110 and
SVMC 20.20.100. This includes, without limitation, open spaces, streets, drainage ways, schools
and school grounds, playgrounds, parks and recreation, sidewalks and other planning features for
children who only walk to and from school, noise and dust emissions, sanitary wastes and sewer,
public potable water supplies, easements, utilities, critical areas, and all other relevant facts as
specified in RCW 58.17.110 and SVMC 20.20.100.
62. As set forth in the Staff Report, the preliminary plat complies with the zoning standards of
the R-3 district, and complies with all applicable development standards and the requirements set
forth in the SVMC.
63. Minor changes are needed to the wording of conditions of approval for clarity and format
purposes.
Based on the above findings of fact, the Hearing Examiner enters the following:
CONCLUSIONS OF LAW
1. Any finding of fact above that is a conclusion of law is deemed a conclusion of law.
2. The approval of the preliminary plat application, as conditioned, is appropriate under SVMC
Title 20 (Subdivision Regulations) and SVMC Chapter 18.20 (Hearing Examiner), and RCW
Chapter 58.17.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the application for a
preliminary plat is hereby approved, subject to the revised conditions of the various agencies
specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Hearing 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:
The "applicant", as referenced in the conditions of approval below, shall be deemed to
include the owner and developer of the site, and their successors-in- interest.
A. General conditions:
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SPOKANE VALLEY PLANNING DIVISION:
1. The approved preliminary plat shall have a maximum of thirty-eight (38) lots for single-
family dwellings. Any proposed increase in the number of lots or dwellings, and any alteration to
the preliminary plat map or conditions of approval that would constitute a change of conditions,
shall require the submittal of a change of conditions application and the review and approval of
such application by the Hearing Examiner after a public hearing; pursuant to SVMC 20.50
(Preliminary Plat, Short Plat, and Binding Site Plan Alterations).
2. Pursuant to SVMC 20.30.060 (Extensions of Time) 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.
3. Pursuant to SVMC 20.20.050 (Prohibition against sale, lease or transfer of property) any sale,
lease, or transfer of any lot or parcel created pursuant to the SVMC 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.
4. SVMC 20.20.080 (Professional Land Surveyor) requires the preparation of all preliminary
and final subdivisions be made by or under the supervision of a professional land surveyor. The
professional land surveyor shall certify on the final plat that it is a true and correct representation of
the lands actually surveyed. A survey is required for all final plats. All surveys shall comply with
the, Survey Recording Act (RCW Chapter 58.09) and Survey and Land Descriptions (WAC 332-
130.
5. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), as superseded by RCW
58.17.140, preliminary plats approved prior to December 31, 2014 automatically expire seven (7)
years after preliminary approval is granted, unless a time extension is approved for the preliminary
plat. The expiration date for the current preliminary plat is December 16, 2021. If a request for an
extension of time is not submitted at least 30 days prior to the date of expiration of the preliminary
plat, and approved by the Department, the preliminary approval expires and the preliminary plat is
null and void.
6. Pursuant to SVMC 20.40.030 (Filing Short Plat, Plat, or Binding Site Plan), the City of
Spokane Valley shall record the final plat with the Spokane County Auditor's Office, upon receipt
of all required signatures on the face of the plat.
7. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by the
applicant prior to recording.
B. Prior to or at the time of the submittal of a proposed final plat, the applicant or successors
in interest shall comply with the following requirements:
HE Findings, Conclusions and Decision File No. SUB-2014-0002 Page 11
SPOKANE VALLEY PLANNING DIVISION:
1. The proposed final plat shall comply with all submittal requirements specified in SVMC
20.40.
2. The final plat dedication shall state: "All lots within this plat shall comply with the building
setback requirements, maximum building height standard, maximum lot coverage standard and
other applicable lot development standards for the R-3 zoning district or successor zoning
designation, to the extent permitted by Washington State law in effect at the time of building
permit application."
3. Pursuant to SVMC 20.20.090.B.4.b, a screening device shall be installed along Forker Road
adjacent to proposed Lots 1, 3-5, 11-13, and 21-22 of Block 2. The screening will consist of Type
I —Full Screening, as defined in SVMC 22.70.030 (B). Submit one large-size, detailed landscape
plan indicating the type of fencing and plantings to be installed in the landscape strip.
4. All landscaping and screening requirements must be reviewed, accepted and installed prior to
final plat acceptance.
SPOKANE VALLEY BUIDLING DIVISION:
5. The following addresses have been assigned and shall be designated on the final plat:
Block 1
Lot 1 5422 N. Evergreen Road; or 13908 E. Sanson Avenue
Lot 2 13916 E. Sanson Avenue
Lot 3 13924 E. Sanson Avenue
Lot 4 14004 E. Sanson Avenue
Lot 5 14012 E. Sanson Avenue
Lot 6 14020 E. Sanson Avenue
Lot 7 14026 E. Sanson Avenue
Lot 8 14102 E. Sanson Avenue
Lot 9 14106 E. Sanson Avenue
Lot 10 14110 E. Sanson Avenue
Lot 11 14114 E. Sanson Avenue
Lot 12 14118 E. Sanson Avenue
Lot 13 14112 E. Sanson Avenue; or 5417 N. Bannen Road
Block 2
Lot 1 5504 N Evergreen Road; or 13907 E. Sanson Avenue
Lot 2 5503 N "Public" Court; or 13917 E. Sanson Avenue
Lot 3 5507 N "Public" Court
Lot 4 5519 N "Public" Court
Lot 5 5520 N "Public" Court
Lot 6 5506 N "Public" Court
Lot 7 5504 N "Public" Court; or 14011 E. Sanson Avenue
HE Findings, Conclusions and Decision File No. SUB-2014-0002 Page 12
Lot 8 14019 E Sanson Avenue
Lot 9 5501 N Bolivar Court; or 14025 E. Sanson Avenue
Lot 10 5509 N Bolivar Court
Lot 11 5515 N Bolivar Court
Lot 12 5521 N Bolivar Court
Lot 13 5522 N Bolivar Court
Lot 14 5514 N Bolivar Court
Lot 15 5508 N Bolivar Court
Lot 16 5502 N Bolivar Court; or 14101 E Sanson Avenue
Lot 17 14109 E Sanson Avenue
Lot 18 5505 N "Public" Court; or 14115 E Sanson Avenue
Lot 19 5511 N "Public" Court
Lot 20 5517 N "Public" Court
Lot 21 5523 N "Public" Court
Lot 22 5524 N "Public" Court
Lot 23 5516 N "Public" Court
Lot 24 5512 N "Public" Court
Lot 25 5506 N "Public" Court; or 14025 E. Sanson Avenue;
or 5503 N Bannen Road
SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION:
1. A Professional Engineer, licensed in the State of Washington, shall prepare required
engineering documents (including civil/street plans, drainage plans, drainage calculations, traffic
studies, shared access driveway plans, etc.). The plans shall conform to the 2009 City of Spokane
Valley Street Standards (or as amended), the 2008 Spokane Regional Stormwater Manual (or as
amended), the City of Spokane Valley Municipal Code and all other federal, state and local
regulations, as applicable.
2. The review of civil plans and supporting documents cannot proceed until an application for a
Land Disturbance permit has been received. All documents (plans, reports, etc.) must be submitted
through the Building Department Permit Center located at 11703 E. Sprague Avenue, Suite B-3.
3. Basement construction may be prohibited without the applicant's submittal of further design
and/or construction recommendations from a Professional Civil Engineer licensed in the State of
Washington. The issuance of a building permit will be based upon meeting the criteria outlined in
the subsequent report by the Engineer.
4. Frontage improvements and right-of-way and border easement dedications are required per
Street Standards, Chapter 2, and are described below. The right-of-way dedication and border
easement widths were determined assuming that the center of the road coincides with the center of
the right-of-way. The applicant shall confirm right-of-way location and widths. Note: building
setbacks begin at the edge of the border easement.
HE Findings, Conclusions and Decision File No. SUB-2014-0002 Page 13
Right-of-Way Improvements
Required Improvements Required Required
Street Classification ROWExistinP C S S ,I, ROW BE Notes
W K Dedication Dedication
Forker Minor Arterial See Spokane County Conditions of approval for specific requirements
Road
22' Evergreen N of
Evergeen Minor Arterial 60' from 2' 10' 5' 39' 0' 9' Sanson is not in
CL City of SV
Jurisdiction.
15'
Bannen Local Access 45' from 2' 10' 5' 32' 4' 13'
CL
Sanson
(extensio Local Access 0 30' 2' 10' S' 13sidech
64' 38'
n)
N/S 13' each
Local Access 0 30 2' 10' 5' 64' 38
Streets 2' 10' 5' side
P: Pavement,from centerline
C: Curb and gutter
SW: Swale
SK: Sidewalk
T: Total width of required improvements
5. A Homeowner's Association (HOA) is required for the perpetual irrigation and maintenance
of the required Type II landscaping within the 5-foot Landscape Easement adjacent to Forker Road
on Lots 1, 3, 4, 5, 12, and 13 of Block 2. A draft copy of the CC&R's for the HOA shall be
submitted with the initial submittal of the street and drainage plans.
6. The internal streets shall be designated and designed as local access public streets, per
Typical Street Section R-120. Any right-of-way and/or border easement dedications shall be
designated on the final plat and in the final plat dedicaiton.
7. Driveway approach design shall follow the 2009 City Street Standards, as amended.
8. All stormwater facilities are to be designed pursuant to the Spokane Regional Stormwater
Manual (SRSM). Linear roadside facilities such as swales shall be located within the right of way
and/or border easements when adjacent to public streets, or within a tract or easement when
adjacent to a private road or driveway serving more than one lot. Non-roadside facilities such as
ponds, especially consolidated ponds that receive runoff from more than one lot, shall be placed
within a tract (see SRSM 11.2).
9. Use General Construction Notes found in the Street Standards Appendix 4A, rather than
those in the Spokane Regional Stormwater Manual Appendix 3B.
10. Show any utility easements (i.e. telephone, power, etc.). The permittee is responsible for
arranging for all necessary utility adjustments, relocations, or improvements as required for the
HE Findings, Conclusions and Decision File No. SUB-2014-0002 Page 14
completion of the project. The applicant needs to contact the purveyors of each affected utility
regarding private service, utility improvement, and any relocation and adjustment costs. All rigid
objects shall be located out of the clear zone. These clear zone requirements can be found in the
2009 City of Spokane Valley Street Standards, or as amended.
11. If sewer and/or water needs to be brought to the properties, and to do this requires an
Engineering design, copies of the approved sewer and water plans shall be submitted to
Development Engineering. The civil plans for the project shall show the extents of pavement
removal and replacement.
12. All new dry wells and other injection wells must be registered with the Underground
Injection Control program (UIC) at Department of Ecology prior to use and the discharge from the
well(s) must comply with the ground water quality requirement (non-endangerment standard) at the
top of the ground water table. Contact the UIC staff at UIC Program, Department of Ecology, P.O.
Box 47600, Olympia, WA 98504-7600, (360) 407-6143, or go to:
http://www.ecy.wa.gov/programs/wq/grndwtr/uic/UlConlineregis.html, for registration forms and
further information. Copies of the registration for drywells, which receive public road stormwater
runoff, are to be sent to Development Engineering. The City of Spokane Valley NPDES Permit
Number is WAR04-6507.
13. A Construction Stormwater Permit shall be obtained from the Department of Ecology if both
the following conditions apply:
a. The construction project disturbs one or more acres of land (area is the cumulative
acreage of the entire project whether in a single or in a multiphase project), and
b. If there is a possibility that stormwater could run off the site during construction and
into surface waters, or into conveyance systems leading to surface waters of the state.
Construction site operators must apply for a permit 60 days prior to discharging stormwater. More information
can be obtained from http://www.ecy.wa.gov/programs/wq/stormwater/construction/
SPOKANE COUNTY DEPARTMENT OF BUILDING AND PLANNING:
The following comments have been submitted by Spokane County and apply to that portion of the
plat lying within or directly adjacent to Spokane County right-of-way.
1. A Professional Engineer, licensed in the State of Washington, shall submit final road and
drainage plans, a drainage report, and calculations that conform to the 2010 Edition of the Spokane
County Road Standards, the 2008 Spokane Regional Stormwater Manual, and all applicable
standards. The plans and report shall receive the County Engineer's acceptance prior to release of
a construction or building permit or approval of the final plat.
2. Construction of the proposed public streets and easements shall be performed under the direct
supervision of a licensed engineer/surveyor, who shall furnish the County Engineer with"Record
HE Findings, Conclusions and Decision File No. SUB-2014-0002 Page 15
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.
3. No construction work is to be performed within the existing or proposed public right-of-way
until a permit has been issued by the County Engineer. All work is subject to inspection and
approval by the County Engineer.
4. 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 County Engineer to cover the cost
of construction of improvements, construction certification, "Record Drawings" plans and
monumenting the street centerlines shall be filed with the County Engineer.
5. Road design, construction and drainage control for 1/2 right-of-ways and stub road
connections are the responsibility of the applicant.
6. Approach Permits are required for any access to the Spokane County road system.
7. The final plat dedication shall state that no direct access be allowed from lots to Forker Road,
until such time as authorized by the County Engineer.
8. The County Engineer has designated a Minor Arterial Roadway Section for the improvement
of Forker Road which is adjacent to the proposed development. This will require the installation of
12-14 feet of asphalt. The construction of curbing and sidewalk is also required.
9. The proposed plat shall be improved to the standard set forth in Spokane County Resolution
No. 10-0262 as amended; which establishes regulations for roads, approaches, drainage and fees in
new construction.
10. The applicant is advised that underground or overhead utilities may exist that affect the
applicant's property, including property to be dedicated or set aside for future acquisition. Spokane
County will assume no financial obligation for adjustments or relocation regarding these utilities.
The applicant should contact applicable utilities regarding the responsibility for adjustment or
relocation costs, and make arrangements for necessary work.
11. The applicant shall grant applicable border easements adjacent to Spokane County Right-of-
Way per Spokane County Standards.
12. Any part of the drainage system that lies outside of the public right-of-way will neither be
maintained nor operated by Spokane County forces. Prior to plan acceptance by the County
Engineer, the applicant shall provide a mechanism, acceptable to the County Engineer, 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
HE Findings, Conclusions and Decision File No. SUB-2014-0002 Page 16
management system shall be prepared the applicant's Engineer, and included in the project
documents submitted to the County Engineer for acceptance, along with a discussion of the design
life of the various components, a calculated cost for repair and maintenance, and a calculated
replacement cost. Homeowner's Associations are accepted by the Spokane County Engineer for
carrying out the required maintenance functions and responsibilities.
SPOKANE COUNTY DIVISION OF UTILITIES:
13. 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.
14. 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. Prior to plan submittal, the applicant is
required to contact Chris Knudson or Colin Depner at 477-3604 to discuss details of the sewer
plans.
15. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization
of the project.
16. Security shall be deposited with the Division of Utilities for the construction of the public
sewer connection and facilities and for the prescribed warranty period. Security shall be in a form
acceptable to the Division of Utilities and in accordance with the Spokane County Sanitary Sewer
Ordinance.
17. Security shall be submitted to the Division of Utilities prior to approval of the Sewer Design
Plans.
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 Planning Department to the utility companies, Spokane Valley Engineer, and
the Spokane Regional Health District.
3. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
4. Water service shall be coordinated through the Director of Utilities, Spokane County.
HE Findings, Conclusions and Decision File No. SUB-2014-0002 Page 17
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 demonstrate to the satisfaction of the Spokane
Regional Health District that an adequate and potable water supply is available to each lot of the
plat.
7. Prior to filing the final plat, the applicant shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
8. 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 plat,
on the face of said water plan that the plan is in conformance with their respective needs. Said
water plan and certification will be drafted on a transparency suitable for reproduction.
9. 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 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.
10. A public sewer system will be made available for the lot and individual service will be
provided to each lot prior to sale. The use of individual on-site sewage disposal shall not be
authorized.
11. The final plat dedication shall state: "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."
12. The final plat dedication shall state: "The sponsor will assume responsibility for the
provisions of domestic-use water."
13. The final plat dedication shall state: "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."
SPOKANE VALLEY FIRE DEPARTMENT:
1. The new road names require approval for the east and the west north/south cul-de-sacs.
HE Findings, Conclusions and Decision File No. SUB-2014-0002 Page 18
2. One new hydrant need to be installed at the southwest corner of Lot 16
3. Hydrants shall stand plumb. The traffic breakaway flange shall be set at the finished
curb/grade elevation with the lowest outlet of the hydrant no less than 18 inches above the curb
grade. There shall be a clear area around the hydrant of not less than 36 inches as measured from
the outside edge of the barrel or outlet ports, whichever is greater, for clearance of a hydrant
wrench on both outlets and the control valve.
4. All hydrants shall have a minimum of three outlets, one 4 '/2 inch inside diameter pumper
outlet and two 2 '/2 inch inside diameter outlets. Threads on all outlets shall be National Standard
Thread (NST).
5. The pumper port shall face the street. Where the street cannot be clearly defined or
recognized, the port shall face the most likely route of approach and location of the fire apparatus
while pumping, as determined by the Spokane Valley Fire Department.
6. A water plan shall be provided that shows the location of the required hydrants and the size
of the water main.
7. The fire apparatus access road/driveway and turnaround shall be posted as "No Parking-Fire
Lane."
a. Access 20' to 26' posted on both sides
b. Access 26' to 36' posted on one side (same side as hydrant if provided)
AVISTA UTILITIES:
1. The applicant shall identify the utility easements on the final plat map, and coordinate utility
easements with Avista Utilities prior to final plat submittal.
2. The final plat dedication shall state:
"Easements for utilities (gas, phone, fiber, cable TV) as shown on the herein described plat
are hereby granted over the rights-of-way for the private streets and adjoining said streets to
the City of Spokane Valley and its permitted serving utilities for the construction,
reconstruction, maintenance, protection, inspection and operation of their respective
facilities, together with the right to prohibit changes in grade over installed underground
facilities and the right to prohibit, trim and/or remove trees, bushes and landscaping without
compensation and to prohibit brick, rock or masonry structures that may interfere with the
construction, reconstruction, reliability, maintenance, and safe operation of same. If the
developer or his subcontractor should ditch beyond the limits of the platted easement strips
shown herein, the easement shall then be identified by the actual physical location of the
installed utilities."
HE Findings, Conclusions and Decision File No. SUB-2014-0002 Page 19
C. Prior to or during on-site construction, the applicant or successors in interest shall:
SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION:
1. A pre-construction conference with Development Engineering is required prior to the start of
construction. The grading permit shall be taken out prior to scheduling the pre-con meeting with
proof of the permit issuance provided at the meeting. During this meeting, standards and submittal
requirements for the Construction Certification will be given to the project engineer/inspector.
2. For construction affecting public right-of-way, the applicant shall forty-eight (48) hours prior
to construction securely post a sign at each ingress to the project area. The sign shall be clearly
visible from the right-of-way and to provide project construction details. See section 9.7 of the
Street Standards.
3. Permits are required for any access to or work within the right-of-way of the Spokane Valley
roadway system. A traffic control plan shall accompany the right-of-way obstruction permit.
4. TESC structures (such as filter fence, silt ponds, silt traps) shall be installed prior to the start
of site work and maintained throughout the duration of construction and until the site has
stabilized.
5. All survey monuments shall be protected during construction. Any disturbed or damaged
monuments shall be replaced prior to certification/final plat and/or release of surety.
6. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed Washington State Professional Engineer/Land Surveyor. All work
is subject to inspection by the City Senior Development Engineer or by his staff.
7. Upon completion of the improvements, a Construction Certification package and record
drawings are required for the improvements and shall be submitted and approved prior to Final Plat
approval.
8. For sureties, the City only accepts Letters of Credit or Cash Savings Assignments.
WASHINGTON STATE DEPARTMENT OF ECOLOGY:
1. The water purveyor is responsible for ensuring that the proposed use(s) are within the
limitations of its water rights. If the proposal's actions are different than the existing water right
(source, purpose, the place of use, or period of use), then it is subject to approval from the
Department of Ecology pursuant to Section 90.03.380 RCW and 90.44.100 RCW
SPOKANE TRIBE OF INDIANS:
1. Pursuant to RCW 27.53.060, it is unlawful on the private and public lands of this state for
any person, firm, corporation, or any agency or institution of the state or a political subdivision
thereof to knowingly remove, alter, dig into, or excavate by use of any mechanical, hydraulic, or
HE Findings, Conclusions and Decision File No. SUB-2014-0002 Page 20
other means, or to damage, deface, or destroy any historic or prehistoric archaeological resource or
site, or remove any archaeological object from such site, except for Indian graves or cairns, or any
glyptic or painted record of any tribe or peoples, or historic graves as defined in chapter 68.05
RCW, disturbances of which shall be a class C felony punishable under RCW Chapter 9A.20,
without having obtained a written permit from the Director of the Washington State Office of
Archaeology and Historic Preservation for such activities.
2. Upon any discovery of potential or known archaeological resources at the subject properties
prior to or during future on-site construction, the developer, contractor, and/or any other parties
involved in construction shall immediately cease all on-site construction, shall act to protect the
potential or known historical and cultural resources area from outside intrusion, and shall notify,
within a maximum period of twenty-fours from the time of discovery, the City of Spokane Valley
Community Development Department of said discovery.
SPOKANE REGIONAL CLEAN AIR AGENCY:
1. 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.
2. 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.
3. Debris generated as a result of this project shall be disposed of by means other than burning.
4. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
5. 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 Spokane Clean Air for a Notice of
Application.
6. A Notice of Intent shall be submitted to Spokane Clean Air 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 Spokane Clean Air for a Notice of Intent application.
Prior to or at the time of submittal of a proposed final plat:
1. Right-of-way dedication and border easements must be designated on the final plat map.
HE Findings, Conclusions and Decision File No. SUB-2014-0002 Page 21
2. Plat language will be determined at the time of final plat submittal. To obtain plat language,
contact Development Engineering after civil plan approval and/or prior to first submittal of final
plat.
DATED this 16th day of December, 2014
SPOKANE VALLEY HEARING EXAMINER
Michael C. Dempsey, WSBA #82
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code (SVMC), and RCW
Chapter 36.70C, the decision of the Hearing Examiner on an application for a preliminary
plat is final and conclusive unless within twenty-one (21) calendar days from the date of
issuance of the Examiner's decision, a party with standing files a land use petition in
Superior Court pursuant to RCW Chapter 36.70C. Pursuant to RCW Chapter 36.70C, the
date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed.
This decision was mailed by regular mail to the Applicant, and to all government
agencies and persons entitled to notice under SVMC 17.80.130(4), on December 16, 2014.
The date of issuance of the Hearing Examiner's decision is therefore December 19, 2014.
THE APPEAL CLOSING DATE IS JANUARY 9, 2015.
The complete record in this matter is on file during the appeal period with the Office of
the Hearing Examiner, Third Floor, Public Works Building, 1026 W. Broadway Avenue,
Spokane, Washington, 99260-0245; and may be inspected by contacting Kristine Chase at
(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 8:00 a.m. and 4:30 p.m. After the
appeal period, the file may be inspected at the City of Spokane Valley Community
Development Department-Planning Division, 11707 E. Sprague Avenue, Spokane Valley,
WA, 99206; by contacting Marty Palaniuk at (509) 921-1000. Copies of the documents in the
record will be made available at the cost set by the City of Spokane Valley.
Pursuant to RCW 36.70B.130, affected property owners may request a change in
valuation for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision File No. SUB-2014-0002 Page 22