SUB-2014-0003 CITY OF SPOKANE VALLEY HEARING EXAMINER
Preliminary Plat of Union Hill Subdivision, in the R-3 )
Zoning District; ) FINDINGS OF FACT,
) CONCLUSIONS OF LAW,
Applicant: George Paras ) AND DECISION
File No. SUB-2014-0003 )
)
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 revised conditions. The preliminary
plat will expire on January 5, 2020; unless a request for an extension of time is timely submitted at
least 30 days prior to such expiration date.
II. FINDINGS OF FACT
Procedural Matters:
1. The application seeks approval of the preliminary plat of Union Hill Subdivision, to
subdivide approximately 3.91 acres of land into 13 lots for a total of 26 duplex dwelling units; in
the Single-Family Residential (R-3) zoning district.
2. The site is located at the northwest corner of the intersection of 10th Avenue and Union
Road, south of and adjacent to Eighth Avenue; in Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45214.9236 and
45214.9239, and is legally described on the preliminary plat map of record.
4. The applicant is George Paras, and the site owner is George J. and Pamela Paras; each at a
mailing address of 603 N. Havana Road, Spokane, WA 99204.
5. On September 3, 2014, the applicant submitted a complete application for the preliminary
plat to the City Community Development Department ("Department"); which included the
preliminary plat map of record.
6. On November 7, 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 20, 2014, the Hearing Examiner held a public hearing on the application. The
notice requirements for the hearing were met. The Examiner conducted a site visit before the
hearing on November 20, 2014, and a site visit after the hearing on December 30, 2014.
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 1
8. The following persons testified at the public hearing:
Marty Palaniuk and Lori Barlow Gabe Gallinger
City Community Development Department City Development Engineering Division
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
George Paras Leonard Griffith
603 N. Havana 12018 E. 9th Avenue
Spokane, WA 99202 Spokane, WA 99206
Janice Holton
11724 E. 8th Avenue
Spokane, WA 99206
9. The Staff Report prepared for the project by the Department attached Exhibits 1-13, and was
made part of the application file before the hearing. Exhibit 14, a power point presentation
prepared by the Department, was made part of the record at the hearing.
10. 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.
11. The Hearing Examiner takes notice of the City Comprehensive Plan, the SVMC, other
applicable development regulations, and prior land use decisions for the site and in the vicinity.
12. The record includes the electronic recording of the hearing, the documents in the application
file at the time of the hearing (including Exhibits 1-13), Exhibit 14, and the items taken notice of
by the Examiner.
Description of Site:
13. The site is approximately 3.91 acres in size, irregular in shape, undeveloped, and surrounded
by wire fencing. The property is covered with grasses and a few trees, and has some exposed soils.
14. The site is relatively flat in topography, slopes up moderately from north to south, slopes up
more steeply adjacent to 10th Avenue, and contains a small hill with a maximum slope of 16%
along the south and west edges of its southwest corner. See contours on preliminary plat map, and
p. 4 of environmental checklist in Exhibit 10.
Description of Project:
15. The preliminary plat map indicates or illustrates the following pertinent features and
information:
(a) A total of 13 duplex lots ranging from 12,001 square feet to 18,277 square feet in size, with an
average lot size of 13,320 square feet.
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(b)Lot frontages ranging from 69 feet to approximately 101 feet.
(c) A private road paved to a width of 26 feet, set back two (2) feet from the west border of the
preliminary plat, containing a hammerhead turnaround near its south end, and located within a
private road easement matching the configuration of the private road.
(d)A 10-foot wide drainage easement, and a 10-foot wide utility easement, bordering the private road
easement on the east.
(e) A 10-foot wide utility easement along the south edge of the preliminary plat, near 10th Avenue;
and a 10-foot wide utility easement, and separated sidewalk, along the east edge of the site near
Union Road.
(f) A 10-foot wide utility easement, and separated sidewalk, along the north edge of the preliminary
plat, near Eighth Avenue; and one (1) foot of right of way dedication adjacent to Eighth Avenue.
(g)Existing water lines in, and existing pavement on, Eighth Avenue, 10th Avenue, and Union Road;
and an existing sewer line in Union Road.
16. The application materials submitted on September 3, 2014 identified the preliminary plat as
proposing to develop 13 single-family lots, or a combination of single-family lots and duplex lots.
17. On October 2, 2014, the applicant submitted a project narrative that advised as follows:
(a)The applicant plans to plat the site into a 26-unit development consisting of 13 duplex lots.
(b) Terminating the private road in a cul-de-sac short of 10th Avenue, as shown on the preliminary
plat map, would allow lots accessing the private road the privacy of a cul-de-sac; and also keep
traffic off 10th Avenue bordering the playground for Opportunity Elementary School, located south
of the site across 10th.
(c) The units would mostly be rancher-style duplexes with 2-car garages and a range of 1,400 to
1,500 square feet; with the possibility of 2-unit townhome or 2-story units.
See email dated 10-2-14 from George Paras to Martin Palaniuk.
Land Use Designations for Site and Area, Surrounding Conditions:
18. The site and neighboring land are designated in the Low Density Residential category of the
Comprehensive Plan. The land located along State Route No. 27 (SR-27/Pines Road), a few
blocks to the east, is designated in the Corridor Mixed category of the Plan.
19. The site and neighboring land are zoned R-3; except for several acres of land zoned Single-
Family Residential Urban (R-4) lying 320 feet southwest of the site, between 10th and 12th
Avenues north to south, and between Wilbur Road and Bowdish Road west to east. Corridor
Mixed Use (CMU) zoning, and associated commercial uses, are found along SR-27/Pines Road to
the east.
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20. The land in the vicinity consists mostly of single-family dwellings on lots or parcels of
various sizes. The land lying near the site to the north and west consists of single-family homes on
lots ranging from one-half(1/2) to one (1) acre in size; with the exception of a 1.5-acre lot abutting
the south portion of the site on the west, and a 2.5-acre parcel lying directly north/northeast of the
site across Eighth Avenue.
21. Several duplex dwellings are found approximately 340 feet west of the north one-half(1/2) of
the site, along Wilbur Road south of Eighth Avenue. Lots 10,000 square feet or larger, improved
with single-family dwellings, are located a few parcels west and southwest of the site; and are also
found east and southeast of the site.
22. The 9-acre parcel located directly south of the site across 10th Avenue is improved with an
elementary school. Three (3) City parks (Balfour, Browns and Terrace View) are located within
1.3 miles from the site; to the northwest, south/southeast and southeast. See p. 7 of Staff Report,
and testimony of Martin Palaniuk.
23. The City Arterial Street Plan designates Eighth Avenue and Bowdish Road as Minor
Arterials, and Sprague Avenue to the north as a Principal Arterial. SR-27 (Pines Road) to the east
is a 5-lane state highway. Union Road and 10th Avenue are considered Local Access streets.
24. The roads bordering the site lack curb and sidewalk. Some curbing, or curb and sidewalk, are
found along such roads and other neighboring roads at various distances from the site in the
vicinity; particularly in newer housing areas. See item j on p. 7 of Staff Report, and Hearing
Examiner site visits.
25. Ninth Avenue is improved between the site and Pines Road to the east, lacks right of way
directly west of the site for a distance of 210 feet; is not improved, within a full width right of way,
for the next 110 feet; is improved, as a half width right of way, further to the west for a distance of
approximately 180 feet in the duplex development located along Wilbur Road; and lacks right of
way between such duplex development and Bowdish Road, for a distance of approximately 470
feet. See aerial photos in Exhibit 14, County Assessor's maps in file, and maps attached to Staff
Report.
Public Comments submitted regarding Preliminary Plat:
26. Janice and Stephen Holten submitted a letter before the hearing, and Janice Holten testified at
the hearing; regarding their concerns with the project. The Holtens reside directly west of the
northwest corner of the site, along Eighth Avenue; on a .7-acre parcel (45214.9265)they own.
27. The Holtens expressed concern that Eighth Avenue is posted for 25 mph, but the speed limit
is disregarded to such an extent that emphasis patrols are regularly present in the neighborhood;
development of the site with 26 housing units will add 50-60 daily vehicle trips entering and
exiting Eighth Avenue and Union; the additional traffic presents a safety concern, especially
regarding children attending Opportunity Elementary School; Ninth Avenue should be extended
through the site, as was done in the duplex project located along Wilbur Road to the west; the
development of single-family homes on the site would give the owners of such homes a stronger
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 4
vested interest in the neighborhood and pride of ownership compared to the development of
duplexes; homes could be built along Eighth, Ninth and 10th Avenues adjacent to the site without
having to construct a private road; and deer, pheasants and an occasional moose use the site, and a
wildlife study should be done to mitigate the impact of the project on wildlife.
28. Randall Kendall submitted a detailed letter dated October 28, 2014, in opposition to the
project; which letter identified Kendall as a "P.E." (i.e. professional engineer) and "L.S.I.T." (i.e.
land surveyor in training). The letter did not provide a mailing address.
29. The County Assessor parcel sheets in the file indicate a 2.5-acre parcel (45211.2220) owned
by "Kendall Family Trust Richard & Kathleen" that lies directly north/northwest of the site across
Eighth Avenue, and is improved with a single-family dwelling. Richard Kendall is listed as
taxpayer of record for the parcel, at an address that is not the address for the parcel. Randall
Kendall may reside on such parcel, and/or be a relative of Richard Kendall.
30. The concerns raised by Randall Kendall in his letter included the following:
(a) The smallest property lying adjacent to the site is nearly one-fourth (1/4) acre in size, most
parcels lying adjacent to the site approach one-third (1/3) acre in size, and the largest parcel (i.e.the
Kendall property) is 2.5 acres in size.
(b) The Comprehensive Plan discourages high density infill development within low density
residential areas of 1-6 dwelling units per acre, equivalent to one (1) dwelling per 43,560 square feet
or 7,260 square feet; and the allowance of duplexes on a 6,000 square foot lot as proposed by the
applicant is inconsistent with the Comprehensive Plan, although consistent with the zoning of the
site.
(c)Considerable wildlife species use the area, including white-tailed deer, pheasant and squirrels that
would be jeopardized by increased density infill and associated increased traffic.
(d) The notice of application letter sent to neighboring property owners, and the preliminary plat
application, are misleading in listing the Leszcykowkis as site owners; because the applicant became
the owner of the site on June 13, 2014.
(e) Only 24 units can be developed on the site, based on a minimum duplex size of 6,000 square feet;
because .58 acres of the preliminary plat consists of a private road and "impervious improvements
(excluding buildings)" that leave a total dividable area for dwelling units of only 3.33 acres, i.e. 3.33
acres x 43,560 square feet per acre±6,000 square feet per dwelling unit=24 units (approximately)
(f) Lots 2-8 in the preliminary plat impermissibly include the private road area in their respective
boundaries, which reduces the true lot size by at least 2,000 square feet and below minimum lot size
requirements.
(g) The private road as illustrated on the preliminary plat map is not buildable; because the
equipment and grading needed to build the road could not physically construct the road up to the
west property line, due to the fence and property line on the adjoining property. This further
decreases the sizes of such lots in relation to the required minimum lot size.
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 5
(h) City street standards require the installation of a 10-foot maintenance and utility easement on
each side of a private road; which if provided on the west side of the private road would allow for the
construction of the private road, but would further decrease the size of Lots 2-8 by at least 600 square
feet.
(i) City street standards require a non-motorized path to be placed at the dead-end of a street to
shorten walking distances, including right of way dedication and/or easements. The terminus of the
private road short of 10th Avenue in the project, without a pedestrian access to 10th from its dead-
end, necessitates a circuitous route of nearly one-half (1/2) mile to reach 10th; with any elevation
issue along 10th being resolvable through use of a ramp or stairs.
(j)The project does not follow City design standards, zoning or municipal codes; and is too big and
dense to comply with the Comprehensive Plan, compared to the surrounding area and character of the
neighborhood.
31. Leonard Griffith, who resides six (6) parcels and 415 feet east of the site, on a 13,200-square
foot lot (45214.0302) located along the south side of Ninth Avenue, testified that he supported the
project on an overall basis because the project will not access Ninth Avenue, and George Paras is a
good builder; but he did have some concerns regarding increased traffic from the project, and
preferred the development of single-family homes on the site. See County Assessor parcel
information in file.
Consistency of Preliminary Plat with Approval Criteria in SVMC and Washington Statutes:
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).
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. See p. 11-12 of Comprehensive Plan, and SVMC
19.40.030 through 19.40.060.
35. The Comprehensive Plan, on page 12, advises that the majority of the Low Density
Residential designation will provide for densities ranging from 6,000 to 10,000 square feet;
existing lot sizes and community character will be strongly considered when developing the City's
zoning map; some areas designated in such category still lack necessary urban services and
infrastructure; and upon the provision of urban services, such as water and sewer, an increase in
density in some areas may be warranted.
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 6
36. 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.
(0 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.
37. 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.
38. The R-3 zoning district requires a minimum lot size of 7,500 square feet, a duplex lot area per
dwelling unit of 6,000 square feet, a minimum lot width of 65 feet for single-family dwellings and
60 feet for duplex dwellings, 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.
39. Appendix A of the SVMC provides the following relevant definitions, in pertinent part:
"Lot area: The area of a horizontal plane intercepted by the vertical projections of the front, side and
rear lot lines of a building lot."
"Lot depth: The mean horizontal distance between the front lot line and the rear lot line of a building
lot measured at the respective midpoints of the front lot line and rear lot line within the lot
boundary."
"Lot width: The width of a lot at the front building line..."
"Lot line: a boundary of a building lot."
"Lot line, front: The boundary of a building lot that is the line of an existing or dedicated street..."
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"Street, local access: A street providing access to abutting property."
"Front yard: An area extending across the full width of a lot and lying in between the front lot line
and building setback line. The front yard is usually the location of the main entrance to the building
and/or its orientation to the primary street."
"Frontage: The full length of a plot of land or a building measured alongside the road onto which the
plot or building fronts...Interior lots which front on two streets are double frontage lots."
"Driveway: Any area, improvement or facility between the roadway of a public or private street and
private property, which provides ingress/egress for vehicles from the roadway to a lot(s) or
parcel(s)."
40. Pursuant to Table 19.40-1 (Residential Zone Dimensional Standards) in SVMC 19.40.020,
setbacks, when adjacent to a private street or driveway easement, are established from the inner
edge of the street or driveway. The front yard setback in the R-3 district is 15 feet, under such
table. The setback for the private street in the preliminary plat is 20 feet, due to the adjoining 10-
foot easements for utilities and drainage located on the east side of the private street. See p. 3-4 of
Staff Report.
41. Section 7.5.14 of the City Street Standards, in pertinent part, prohibits private streets and
driveways from being located closer than two (2) feet from any point from an interior property line.
The private street/easement in the project is set back two (2) feet from the west border of the
preliminary plat, based on the easement boundaries shown and scale listed on the preliminary plat
map. Also seep. 3 of Staff Report.
42. Section 7.3.2 of the City Street Standards states that private streets are local access streets,
privately owned and maintained; and sets forth detailed criteria for allowing such streets. Table 7.3
of such standards establishes design criteria for private streets, and public local access streets.
43. The SVMC requires the right of way for public streets in plats and short plats to be dedicated
to the City; but does not require the land reserved for a private street or driveway to be "dedicated",
or prevent such traveled ways from being placed in a private easement within a lot.
44. Department staff testified that the City allows private roads and driveways to be placed in a
private easement, and allows lots proposed in plats and short plats to include the area occupied by
such easement in determining the "lot area"; because the definition of "lot area" in the SVMC
measures area from the "front lot line", the definition of "front lot line" refers to the line of a
"dedicated street", and a private street or driveway is not a "dedicated" street. See testimony of
Gabe Gallinger and Lori Barlow, and p. 3 of Staff Report.
45. The definition of"lot area" in the SVMC is ambiguous for lots fronting on a private street;
because the definition depends on the definition of "lot line, front" (i.e. front lot line) in the
SVMC, and the definition of"lot line, front" in the SVMC refers to "dedicated" public streets in
City ownership and not privately owned and maintained private streets.
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 8
46. Since the term "lot line" is defined in the SVMC as the boundary of a lot, the west
boundaries of Lots 1-8 in the preliminary plat should be construed as the front lot lines of such lots
for the purpose of computing the area, width and depth of such lots. This is consistent with the
determination of the front yard setback for such lots; because setbacks from private streets are
measured from the "inner edge" of the private street, and not from the "front lot line" as is the case
for lots fronting along dedicated public streets. This interpretation is also consistent with the
determination of lot frontage for such lots, which is measured along the street that the lot or the
building on the lot fronts along.
47. The private street in the preliminary plat meets all the criteria set forth in Section 7.3.2 of the
City Street standards that must be met for the City to allow and approve the private street, as set
forth below:
(a) The private street does not compromise connectivity to the public street system because Union
Road connects Eighth Avenue to 10th Avenue, the west boundary of the site is located only 310 feet
from Union Road, and block lengths for public streets may be up to 600 feet. Further, the
configuration of parcels and the location of structures located along the alignment of Ninth Avenue
extended west of the site, where there is no or partial City right of way or unimproved right of way,
makes it speculative as to whether such road can ever be extended 320 feet west to existing Ninth
Avenue, or beyond such point to Pines Road; the relatively small traffic impacts of the project do not
require such connections; and the four (4) easterly lots in the preliminary plat will be able to access
Ninth Avenue via Union Road. See Section 7.5.14 of City Street Standards, testimony of Gabe
Gallinger, and p. 5 of Staff Report.
(b) A future through connection of a private street between Eighth and 10th Avenues in the
preliminary plat is not possible because of the steep topography located in the south end and
southwest corner of the site adjacent to 10th Avenue.
(c) The private street does not land lock existing or planned parcels, because the parcels abutting the
site on the west front along Eighth Avenue or 10th Avenue.
(d) The private street serves from 2-9 "single family dwelling lots". If interpreted literally, a private
road could not serve any "duplex lots"; which could not have been intended by Section 7.3.2, and
renders such section ambiguous. The City Engineer approved the extension of the private street in
the preliminary plat, to serve eight (8) duplex lots. See p. 5, 6, and condition # 9 on p. 14 of Staff
Report.
(e)The private street provides direct access to a public street, i.e. Eighth Avenue.
(f) The private street meets the design criteria set forth in Table 7.3 of the City Street Standards;
including a 26-foot width of pavement based on a length ranging from 500-600 feet, the requirement
that"no parking" signs be posted along the street by the local fire district, and no required sidewalk.
(g) The design of the private street discourages through vehicle traffic of non-residents, by not
connecting to 10th Avenue.
(h) A homeowner's association must be established to maintain the private street and associated
drainage facilities in perpetuity, with CC & R's for the homeowner's association submitted and
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 9
recorded to ensure perpetual maintenance of the street and facilities. See condition #13 on p. 15 of
Staff Report.
48. The private street in the preliminary plat has a 10-foot wide maintenance and utility easement
on only one (1) side of the private road, whereas footnote 7 in Table 7.3 of Section 7.5.14 of the
City Street Standards requires such easement on both sides of the private road. City Engineering
advised that the inclusion of utilities on both sides of the road, or only one (1) side of the road,
depends on the demands of the utility providers, and negotiations between the developer and the
utility providers; which process often allow an easement on only one side of the road. The length
of the private street does not exceed 600 feet, as provided in Section 7.5.11 of the City Street
Standards.
49. Avista Utilities submitted written comments on October 17, 2014 that did not object to the
utility easement being located only on the east side of the private road; although it advised that an
overhead electrical line crosses from east to west over Lots 10 and 4 in the preliminary plat, and
that the line will either need to be removed or rerouted, or a new easement created in the plat
centered on the line, including the likelihood of undergrounding the electric line and running it
through the easement strips shown on the preliminary plat.
50. Section 1.11 of the City Street Standards authorizes the City's Senior Traffic Engineer to
approve a design deviation to the standards. The approval of a design deviation should be required
as a condition of approval, to allow a utility easement to be constructed on only one (1) side of the
private street.
51. As stated in the Staff Report on page 5, the preliminary plat complies with, or will be
required to comply with (i.e. minimum setbacks and heights), the zoning and subdivision
regulations set forth in Titles 9 and 22 of the SVMC.
52. 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, because such features comply with the development standards of the R-3
district.
53. The project generally maintains the character of the existing and future residential
neighborhood in the area; which neighborhood is dominated by R-3 zoning, and includes pairs of
divided duplex lots, 170 feet west of the site, that appear smaller than the undivided duplex lots
proposed in the project. See County Assessor map for S '/2 of Section 21 in file.
54. Section 3.3.1 of the City Street standards require the preparation of a traffic impact analysis
(TIA) for projects adding 20 or more peak hour trips to an intersection of arterial streets within a
one mile radius of the project site as shown by a trip generation and distribution letter; or, projects
impacting local access intersections, alleys, or driveways located within an area with a current
traffic problem as identified by the City or previous traffic study, such as a high-accident location,
poor roadway alignment or capacity deficiency.
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 10
55. City Traffic Engineering found that the project would generate only 14 peak hour trips, did
not require the submittal of a TIA for the project, or identify any traffic safety or capacity concerns
for the project as conditioned; and issued a certificate of transportation concurrency for the project
for a 26-unit townhouse/condominium development. See Exhibit 12.
56. Project opponents did not submit competent traffic engineering evidence establishing that the
project fails to meet concurrency requirements for level of service at area intersections impacted by
the project, the project would have a significant adverse impact on traffic capacity or traffic safety
in the area, or a TIA needs to be prepared for the project.
57. The project meets the transportation concurrency requirements set forth in the SVMC. See
SVMC Chapter 22.20, SVMC 22.130.040, and City Street Standards.
58. The conditions of approval recommended by City Engineering require the applicant to:
(a) Fully improve the frontage of the site along Eighth Avenue to a Minor Arterial standard. This
includes the dedication of one(1)foot of right of way and a border easement; widening the pavement
from 10 feet to 22 feet from centerline; and installing curb, gutter, drainage and a separated sidewalk.
(b) Fully improve the frontage of the site along Union Road to a Local Access standard. This
includes the dedication of a border easement; widening the pavement from 11 feet to 14 feet from
centerline; and installing curb,gutter, drainage and a separated sidewalk.
(c) Dedicate a border easement along 10th Avenue; but not make frontage improvements, likely due
to the lack of access and small amount of traffic that the project would generate along 10th Avenue,
and the extensive road improvements required along Union Road and Eighth Avenue for the project.
(d) hlstall a 10-foot wide pedestrian access easement, with a 6-foot wide impervious pathway for
non-motorized traffic, between 10th Avenue and the south end of the private street; to facilitate
access to the nearby elementary school. See Section 7.5.11 of City Street Standards, and email dated
10-6-14 from Sean Messner, City Senior Traffic Engineer,to Chad Riggs.
59. The project will be served with public sewer and water. County Utilities, Model Irrigation
District 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.
60. City Engineering conditions of approval require the project to manage and treat stormwater in
accordance with the drainage provisions set forth in the SVMC, and the 2008 Spokane Regional
Stormwater Manual. This assures the appropriate management of drainage on the site, and the
treatment of stormwater required in a critical aquifer recharge area (CARA) of high susceptibility
to groundwater contamination.
61. The Department notified Central Valley School District #356 of the application and DNS
issued for the project, which notifications 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
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 11
information relating to the potential impact of the proposal as it relates to the district's jurisdiction
or special expertise, including any need to install sidewalk along 10th Avenue: 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.
62. 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.
63. 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.
64. The land in the area does not contain any designated priority wildlife habitat areas for White-
tailed deer or other priority species. 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.
65. 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.
66. 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
appropriate provision 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.
67. 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.
68. The listings of the Leszcykowskis as site owners in the application and the notice of
application appear to be simple clerical errors made by a relative of the applicant (Kurt Paras) in
the application, and repeated by Department staff in the notice of application. George Paras was
listed as the site owner by the applicant's surveyor in the pre-application conference form
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 12
submitted on June 17, 2014, and the preliminary plat map submitted in September 2014; and by
Department staff in the DNS issued on November 7, 2014, and the notice of hearing issued in
November 2014.
69. 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, for the development of up to 13 duplex lots and 26 duplex dwellings, 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.
The following general conditions apply to the approval of the preliminary plat:
SPOKANE VALLEY PLANNING DIVISION:
1. The final plat shall be designed in substantial conformance with the preliminary plat map of
record submitted on September 3, 2014; and have a maximum of thirteen (13) residential lots and
26 dwelling units, limited to single-family dwellings and/or duplex 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 by the applicant, and the review and approval of such
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 13
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 all preliminary and final
subdivisions be prepared by or made 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 on all final plats. All surveys shall comply with
the Survey Recording Act (RCW 58.09), Survey and Land Descriptions (WAC Chapter 332-130).
5. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval) and RCW 58.17.240,
preliminary plat approval automatically expires five (5)years after preliminary approval is granted
unless a time extension is approved for the project. The expiration date for the current preliminary
plat is January 5, 2020. If a request for an extension of time is not submitted and approved, 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 approved 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.
Prior to or at the time a proposed final plat is submitted for review and approval, the applicant
shall comply with the following requirements:
SPOKANE VALLEY PLANNING DIVISION:
1. Submit a proposed final plat that complies with all submittal requirements specified in
SVMC Chapter 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
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 14
designation, to the extent permitted by Washington State law in effect at the time of building
permit application "
SPOKANE VALLEY BUILDING DIVISION:
1. The following addresses have been assigned and shall be designated on the final plat:
Block 1
Lot 1 805 S "Fox Lane"; or 11814 E 8th Avenue
Lot 2 813 S "Fox Lane"
Lot 3 821 S "Fox Lane"
Lot 4 829 S "Fox Lane"
Lot 5 901 S "Fox Lane"
Lot 6 909 S "Fox Lane"
Lot 7 917 S "Fox Lane"
Lot 8 925 S "Fox Lane"
Lot 9 818 S Union Road
Lot 10 828 S Union Road
Lot 11 904 S Union Road
Lot 12 912 S Union Road
Lot 13 922 S Union 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.) 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. Dedications and frontage improvements are summarized in the table below and are detailed
in comments 4, 5 and 6 below:
Street Designation Existing Required Existing Required
R/W Dedications Improvements Improvements
8th Minor 50, 1' R/W +/- 20' paving Pavement
Arterial (+/- 10' on widening to 22'
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 15
13' Border project side of from centerline;
Easement centerline) Curb;
Gutter;
Swale; Sidewalk
+/- 24' paving
10th Local 50, 7' Border (all on project None
Access Easement side of
centerline)
Pavement
+/- 22' paving widening to 15'
Local 12' Border (+/- 11' on from centerline;
Union Access 45' Easement project side of Curb;
centerline) Gutter;
Swale;
Sidewalk
4. For 8th Avenue, frontage improvements including pavement widening, curb, gutter, swale and
sidewalk are required per Street Standards Chapter 2. Existing utilities are required to be relocated
to 2' behind the sidewalk. The applicant is required to install seed/grass in the roadside swale and
to maintain the swale. The following factors are used in determining right-of-way and border
easement dedications:
8th Avenue is designated as a Minor Arterial street. Frontage improvements needing to be
constructed include 22 feet of asphalt width from road centerline, Type B curb and gutter (2 feet
wide), 10-foot wide roadside swale, and a 5-foot wide sidewalk. The total width of improvements
is 39 feet.
The current right-of-way is 50 feet; with 1/2 of the right-of-way being 25 feet. The minimum 1/2
right-of-way width, which is to 2 feet behind the back of the future curb, is 26 feet. A right-of-way
dedication of 1 foot, and a border easement of 13 feet that extends from the right-of-way to back of
sidewalk, are required. The right-of-way dedication and border easement width were determined
assuming that the center of the road coincides with the center of the right-of-way. The applicant
shall confirm the right-of-way location and width(s). Note: the building setbacks begin at the edge
of the border easement.
5. For 10th Avenue, frontage improvements are not required. The following factors are used to
determine the right-of-way and border easement dedications:
10th Avenue is designated as a local access street. Frontage improvements on local access streets
include 15 feet of asphalt width from road centerline, Type B curb and gutter (2 feet wide), 10-foot
wide roadside swale, and a 5-foot wide sidewalk. The total width of improvements is 32 feet.
The current right-of-way is 50 feet; with V2 of the right-of-way being 25 feet. The minimum '/2
right-of-way width, which is to 2 feet behind the back of the future curb, is 19 feet. Existing right-
of-way is adequate; a border easement, which extends from the right-of-way to back of sidewalk,
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 16
of 7 feet is required. The border easement width was determined assuming that the center of the
road coincides with the center of the right-of-way. The applicant shall confirm the right-of-way
location and width(s). Note: the building setbacks begin at the edge of the border easement.
6. For Union Road, frontage improvements including pavement widening, curb, gutter, swale
and sidewalk are required per Street Standards Chapter 2. Existing utilities are required to be
relocated to 2 feet behind the sidewalk. The applicant shall install seed/grass in the roadside swale
and to maintain the swale. The following criterion is used for determining right-of-way and border
easement dedications.
Union Road is designated as a local access street. Frontage improvements requiring construction
include 15 feet of asphalt width from road centerline, Type B curb and gutter (2 feet wide), 10-foot
wide roadside swale, and a 5-foot wide sidewalk. The total width of improvements is 32 feet.
The current right-of-way is 45 feet; and the street centerline is offset from the center of right-of-
way, with 20 feet from the street centerline to the west right-of-way line. The minimum %2 right-
of-way width, which is 2 feet behind the back of the future curb, is 19 feet. The existing right-of-
way is adequate. A border easement of 12 feet that extends from the right-of-way to the back of
sidewalk is required. The border easement width was determined assuming that the center of the
road coincides with the center of the right-of-way. Applicant is to confirm right-of-way location
and width(s). Note: the building setbacks begin at the edge of the border easement.
7. The Union Road frontage improvements shall include an ADA pedestrian ramp at the
northwest corner of Union Road and 10th Avenue, to align with the existing pedestrian ramp at the
southwest corner of Union Road and 10th Avenue.
8. A 10-foot wide pedestrian access easement, with a 6-foot wide impervious pathway for non-
motorized travel, shall be provided between the south end of the Private Street and 10th Avenue per
City Street Standards Section 7.5.11.
9. The internal street was reviewed to determine connectivity needs and impacts to the
surrounding area. Based on such review, the City will allow platting of the private street as
proposed, pursuant to City Street Standards Section 7.3.2. The private street shall be designed per
Street Standards Chapter 7 and Standard Plan R-133. The applicant shall obtain a design
deviation from the City's Senior Traffic Engineer, under Section 1.11 of the City Street Standards,
to allow a utility and maintenance easement to be constructed on only one (1) side of the private
street. See footnote 7 in Table 7.3 on page 7-7 of City Street Standards.
10. This project was reviewed by the City of Spokane Valley Traffic Engineer, and a Certificate
of Transportation Concurrency was issued. No further trip generation or distribution information is
necessary.
11. The driveway approach design shall follow the 2009 City Street Standards, or as amended.
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 17
12. All stormwater facilities shall be designed per 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 (1) lot. Non-roadside facilities such as ponds
(especially consolidated ponds, which are those receiving runoff from more than one lot) shall be
located within a tract (see SRSM 11.2).
13. A Homeowner's Association (HOA) is required for the perpetual operation and maintenance
of the on-site private street and associated facilities; including but not limited to the stormwater
systems at the end of the service life of the respective components, and any other improvements
that may be legally required in the future. A draft copy of the CC&Rs for the HOA shall be
submitted with the drainage submittal.
14. An Operations and Maintenance Manual, per Chapter 11 of the Spokane Regional
Stormwater Manual, shall be submitted with the initial submittal of final design plans for the street
and/or stormwater systems.
15. The General Construction Notes found in the Street Standards Appendix 4A shall be used,
rather than those contained in the Spokane Regional Stormwater Manual Appendix 3B.
16. Any utility easements (i.e. telephone, power, etc.) shall be shown. The permittee is
responsible for arranging for all necessary utility adjustments, relocations, or improvements as
required for completion of the project. The applicant needs to contact the purveyors of each
affected utility regarding private service, utility improvement, and any relocation and adjustment
costs. 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.
17. If sewer and/or water needs to be brought to the properties, and this would require 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.
18. 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. For registration forms and further
information, go to http://www.ecy.wa.gov/programs/wq/grndwtr/uic/UlConlineregis.html. Copies
of the registration for drywells, which receive public road stormwater runoff, shall be sent to
Development Engineering. The City of Spokane Valley NPDES permit# is WAR04-6507.
19. A Construction Stormwater Permit shall be obtained from the State Department of Ecology if
both of the following conditions apply:
a. The construction project disturbs one (1) or more acres of land (area is the cumulative
acreage of the entire project whether in a single or in a multiphase project), and,
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 18
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 at http://www.ecy.wa.gov/programs/wq/stormwater/construction.
SPOKANE COUNTY DIVISION OF UTILITIES:
1. The final plat dedication shall state: "Public sewers shall be constructed to provide for the
connection of each parcel to the County's system of sewerage. 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."
2. A Public Sanitary Sewer Easement shall be shown on the face of the plat, and the final plat
dedication shall state: "The perpetual easement granted to Spokane County, Its successors and
assigns is for the sole purpose of constructing, installing, operating, maintaining, repairing,
altering, replacing, removing, and all other uses or purposes which are or may be related to a
sewer system. Spokane County, its successors and assigns as times hereinafter, at their own cost
and expense, may remove all crops, brush, grass or trees that may interfere with the constructing,
installing, operating, maintaining, repairing, altering, replacing, removing and all other uses or
purposes which are or may be related to a sewer system. The grantor(s) reserves the right to use
and enjoy that property which is the subject of this easement for purposes which will not interfere
with the County's full enjoyment of the rights hereby granted; provided, the Grantor(s) shall not
erect or construct any building or other structure or drill on the easement, or diminish or
substantially add to the ground cover over the easement. The easement described hereinabove is
to and shall run with the land."
3. 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
shall contact Chris Knudson or Colin Depner at 477-3604 to discuss details of the sewer plans.
4. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the
finalization of the project.
5. 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.
6. Security shall be submitted to the Division of Utilities prior to approval of the Sewer
Design Plans.
7. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 19
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. 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.
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 shall 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 shall
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 shall 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.
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 20
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 DISTRICT I (FIRE DEPARTMENT):
1. The new private road shall be named "Fox Lane" to coincide with established road names in
the surrounding grid.
2. Fire apparatus access road/driveway and turnaround shall be posted as "No Parking-Fire
Lane."
a. Access 20 feet to 26 feet posted on both sides
b. Access 26 feet to 36 feet posted on one side (same side as hydrant if provided)
3. Addresses shall be posted at the entrance of the private drive, so they are visible from 8th
Avenue during and after construction. Numbers shall be a minimum of 4 inches tall and
contrasting to the background. A new street sign shall be provided.
AVISTA UTILITIES:
1. The overhead electric line crossing east to west through Lot 10 and Lot 4 shall be removed,
or rerouted, or a new easement shall be created within the plat that would be centered on the line.
Contact David Chambers with Avista Utilities, at 495-4419, to coordinate the solution.
2. Labels shall be added to the plat showing the street to be "Private Street/Utility Easement".
3. 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
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 21
strips shown herein, the easement shall then be identified by the actual physical location of the
installed utilities."
Prior to or during on-site construction, the applicant shall comply with the following
conditions:
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 the 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, a sign shall be securely posted at each point of
ingress to the project area at least forty-eight (48) hours prior to construction. The sign shall be
clearly visible from the right-of-way, and 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 the engineer's 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), it is subject to approval from the Department
of Ecology pursuant to RCW 90.03.380 and RCW 90.44.100.
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 22
SPOKANE TRIBE OF INDIANS:
1. Pursuant to RCW 27.53.060, on the private and public lands of this state it shall be unlawful
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
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 RCW Chapter
68.05, 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 the
City of Spokane Valley Community Development Department of said discovery, within a
maximum period of twenty-four (24) hours from the time of 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.
HE Findings, Conclusions and Decision File No. SUB-2014-0003 Page 23
Prior to Final Plat:
1. Right-of-way dedication and border easements shall be designated on the final plat map.
2. The Homeowner Association's UBI number shall be referenced on the Final Plat.
3. Plat language will be determined at the time of final plat submittal. Contact Development
Engineering, after civil plan approval and/or prior to first submittal of final plat, to obtain plat
language.
DATED this 5th day of January, 2015
SPOKANE VALLEY HEARING EXAMINER
AZ/
Michael C. Dempsey, WSBA C;
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
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 under Chapter 17.90 of the Spokane Valley
Municipal Code (SVMC) and Chapter 36.70C RCW files a land use petition in Superior
Court, pursuant to such chapters.
On January 5, 2015, a copy of this decision will be mailed by regular mail to the
applicant, the City Community Development Department, any person who testified at the
hearing or provided substantive written comments on the application during the hearing or
the public comment period on the application and provided a mailing address, and any
person who filed a written request for a copy of the notice of application or the final decision.
Pursuant to RCW Chapter 36.70C, the date of issuance of the Hearing Examiner's
decision on such application is three (3) days after it is mailed, extended to the next business
day when the last day for mailing falls on a weekend or holiday. The date of issuance of the
decision regarding the preliminary plat is, accordingly, January 8, 2015.
Any aggrieved party of record may file a written petition for reconsideration with the
Hearing Examiner within 10 calendar days of the Hearing Examiner's written decision,
which deadline is January 15, 2015, counting to the next business day; pursuant to Section J
of Appendix B (Hearing Examiner Scheduling Rules and Rules of Conduct) of the SVMC.
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This decision will be become final on January 29, 2015, unless a land use petition or
petition for reconsideration are timely submitted as stated above.
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
W. Broadway Avenue, Spokane, Washington, 99260-0245; and may be inspected by
contacting Kristine Chase, Staff Assistant for the Hearing Examiner, 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, or if transferred sooner than expiration of the appeal period,
the file may be inspected at the City of Spokane Valley Department of Community
Development-Planning Division, 11707 E. Sprague Avenue, Spokane Valley, WA, 99206; by
contacting Martin 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.
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