SUB-2002-0010CITY OF SPOKANE VALLEY HEARING EXAMINER
Application for the Modified Preliminary Plat of Trailside at )
Coyote Rock, in the MUC Zoning District; ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
Applicant: Neighborhood, Inc./Coyote Rock, LLC ) AND DECISION
File No. SUB -02-10 )
I. SUMMARY OF DECISION:
Hearing Matter: Application for a modified preliminary plat, in the MUC zoning district.
Summary of Decision: Approve modified preliminary plat, subject to conditions. The
preliminary plat, as conditioned, will expire on December 5, 2021; unless an application for a time
extension is submitted at least 30 days prior to such expiration date, and approved under the
SVMC.
II. FINDINGS OF FACT:
Procedural Background:
1. The application seeks approval of the modified preliminary plat of Trailside at Coyote Rock,
to subdivide approximately 2.8 acres of land ("site") into 13 lots for single-family dwellings; in the
Mixed Use Center (MUC) zoning district.
2. The site is located north of and adjacent to Coyote Rock Drive, approximately 400 feet
northeast of the intersection of Rivercrest Drive and Coyote Rock Drive; in Spokane Valley,
Washington.
3. The site consists of County Assessor's tax parcel no. 45044.153 1, and is legally described on
the preliminary plat map of record.
4. The applicant is Coyote Rock, LLC; which has a mailing address of 1950 W. Bellerive Lane,
Suite 107, Coeur d'Alene, ID 83814. The site owner is The Neighborhood, Inc., at the same
mailing address.
5. On December 2, 2010, the applicant submitted a complete application for the preliminary plat
of Trailside at Coyote Rock to the City Community Development Department ("Department"),
under the Spokane Valley Municipal Code (SVMC). On January 27, 2011, the applicant submitted
a revised preliminary plat map.
6. On February 4, 2011, the Department issued a Determination of Nonsignificance (DNS) for
the application, pursuant to SVMC Chapter 21.20. The DNS was not appealed.
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 1
7. On March 4, 2011 and July 6, 2011, the Hearing Examiner held a public hearing on the
application. The Examiner conducted site visits on July 6, 2011 and July 13, 2011.
8. On July 26, 2011, the Hearing Examiner issued Findings of Fact, Conclusions of Law, and
Decision in File No. SUB -02-10; which returned the application to the applicant for modification.
Such action was based on a revised delineation of the ordinary high water mark (OHWM) of
portions of the Spokane River lying north of the east portion of the site, designated in the Pastoral
Area of the former City Shoreline Master Program; the 200 -foot setback required for subdivisions
in the Pastoral Area under the former Master Program; and the significant impact that application
of the 200 -foot setback, measured from the revised OHWM, would have on the lots in the
preliminary plat designated in the Pastoral Area. See decision in file #1 of application file.
9. The Hearing Examiner's decision required a full delineation of the OHWM of portions of the
Spokane River lying north of the east portion of the site; which inundate the land during high
water, and which were identified by the Washington State Department of Ecology (DOE) at the
March 4, 2011 hearing session. The decision also required the investigation of a possible wetland
designated between the site and the same area of the river on City critical areas maps, and
delineation of the wetland as necessary; and a determination of the impact such wetland may have
on the OHWM of the river and the preliminary plat.
10. In December 2015, the City repealed the City Shoreline Master Program that was in effect
when the application was submitted in 2011, and adopted a new City Shoreline Master Program in
SVMC Chapter 21.50; pursuant to City Ordinance No. 15-024.
11. On September 6, 2016, the applicant submitted a letter to the Department dated August 16,
2016, that agreed to waive the vesting of the application under the development regulations in
effect when the application was submitted as complete in 2011; so that the application could be
reviewed under the updated City Shoreline Master Program, including reliance on the shoreline
buffers designated in relation to the site. Such waiver was found acceptable by the Department.
12. On September 6, 2016, the applicant submitted a modified preliminary plat map; which is
referenced below as the "preliminary plat map" or "map". The design of the project illustrated on
the preliminary plat map is the same as that shown on the preliminary plat map of record for the
Hearing Examiner's 2011 decision on the application, but contains some revised information.
13. On September 16, 2016, the City Cleric timely published notice of a hearing to be conducted
by the Hearing Examiner on the revised application on October 6, 2016. On September 20, 2016,
the applicant timely posted notice of the hearing on the site. On September 21, 2016, the applicant
timely mailed notice of the hearing to the owners and taxpayers of record of the land located within
400 feet of the site. Notice of the hearing complied with SVMC 17.80.120.
14. On October 6, 2016, the Hearing Examiner conducted a public hearing on the modified
application. The following persons testified at the public hearing, under an oath administered by
the Hearing Examiner:
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 2
Lori Barlow, Senior Planner Drew Dittman
City Community Development Department 3909 N. Schreiber Way
11707 E. Sprague Avenue, Suite 106 Coeur d'Alene, ID 83815
Spokane Valley, WA 99206
15. The Hearing Examiner heard the application pursuant to SVMC Chapter 17.80, Chapter
18.20 and Title 20; and the Hearing Examiner Scheduling Rules and Rules of Conduct, codified in
Appendix B of the Uniform Development Code (UDC), a part of the SVMC.
16. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan, the
SVMC, the Spokane County Standards for Road and Sewer Construction (as adopted by reference
by City), and other applicable development regulations; and prior land use decisions for the site
and neighboring land.
17. At the hearing, the Hearing Examiner included in the record all the documents in the original
application file, referenced as file #1, and all the documents for the modified application,
referenced as file #2, in File No. SUB -02-10; at the time the October 6, 2016 hearing commenced.
18. Exhibits 1-10 listed below are attached to revised Staff Report in file #2, and Exhibit 11
listed below was submitted by the Department at the public hearing and admitted into the record by
the Hearing Examiner:
Exhibit 1:
Vicinity Map
Exhibit 2:
Zoning Map
Exhibit 3:
Comprehensive Plan Map
Exhibit 4:
Aerial Map
Exhibit 5:
Revised Drawing and Waiver Request Letter
Exhibit 6:
Shoreline Jurisdiction Map
Exhibit 7:
Shoreline Buffer Map
Exhibit 8:
Public Access Map
Exhibit 9:
Notice of Public Hearing
Exhibit 10:
Agency Comments
Exhibit 11:
Power point presentation for Staff Report and Recommendations
19. The Hearing Examiner takes notice of, and includes in the record as "Hearing Examiner
Exhibit #1, a colorized copy (2 pages) of the shoreline buffer map in Appendix A-2 of City
Ordinance No. 15-024; which ordinance adopted the current City Shoreline Master Program,
codified in SVMC Chapter 21.50. The map shows the shoreline buffer, the correct location of the
OHWM of the Spokane River, and the location of the 200 -foot shoreline area based on such
OHWM in relation to the site.
20. The Hearing Examiner takes notice of, and includes in the record as Hearing Examiner
Exhibit #2, .an excerpt from the Washington State Department of Fish & Wildlife's public website
that lists the types of priority species and habitats designated by the WDFW in Spokane County.
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 3
21. The Hearing Examiner takes notice of, and includes in the record as Hearing Examiner
Exhibit #3, a colorized copy of Map 8.3 (Fish & Wildlife Habitat) of the Comprehensive Plan.
22. The record includes the electronic recording of the hearing; the documents contained in file
#1 and file #2 of File No. SUB -02-16 at the time of the hearing, including the revised Staff Report;
Exhibit 11 submitted at the hearing; Hearing Examiner Exhibits #1-3; and the items taken notice of
by the Hearing Examiner in the record or this decision.
Description of Site:
23. The site is approximately 2.8 acres in size, irregular in shape, and undeveloped except for a
damaged chain link, fence located along the north boundary.
24. The site is relatively flat in topography; except for an approximately 30% cut slope that
extends lengthwise through the middle of the site, slopes down to the north, and creates an
elevation difference of approximately 10-15 feet. The site slopes down at a more moderate grade
northerly of the steep slope, toward the north boundary of the site. See preliminary plat map.
25. The portion of the site lying southerly and above the steep slope on the site has been graded
and cleared of vegetation. The un -graded portions of the site are vegetated with native grasses, and
scattered native trees and shrubs. See environmental checklist in Exhibit 10 in file #1, and 2016
aerial map in Exhibit 4 of revised Staff Report in file #2.
Description of Modified Preliminary Plat:
26. The modified preliminary plat map (map") submitted on September 6, 2006 shows the
approximate location of the shoreline buffer on the site; which only affects the northerly ends of
Lots 1 and 3, and a northeast portion of Lot 2, of the preliminary plat. See Exhibit 7 of revised
Staff Report.
27. Lot 1 of the preliminary plat is approximately 22,000 square feet in size. The map does not
list the area of such lot, or label the lot as Lot 1. Lots 2-13 of the modified preliminary plat range
from 7,430 to 9,470 square feet in size.
28. The map shows the "typical" ("typ") location of the shoreline buffer required by SVMC
21.50.230 on the site; which buffer generally includes the northerly 75 feet of Lot 1, and the
northerly 50-70 feet of portions of Lot 2-3, of the preliminary plat.
29. The map does not clearly show the edge of the shoreline buffer located along all, or a portion,
of the northerly borders for Lots 3-6, and 9-12; and along the east border of Lot 1 north of Lot 2.
See shoreline buffer map in Exhibit 7 of revised Staff Report.
30. The map, and Exhibit 7 of the revised Staff Report, do not show the revised OHWM of the
Spokane River lying north of the east portion of the site; where the OHWM was adjusted southerly
at the time the City adopted the current SMP to include the two (2) areas of land lying north of the
east portion of the site that are periodically inundated by the river.
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 4
31. The map does not show the extension of the 200 -foot shoreline jurisdiction on the site.
Because of the revision to the OHWM of the river, the 200 -foot shoreline jurisdiction extends
much farther to the south, in relation to the east portion of the site, than was depicted on the former
preliminary plat map submitted on January 27, 2011. See map in Exhibit 6 of revised Staff Report,
Hearing Examiner Exhibit #1, and email dated 9-20-16 from Karin Divens of the Washington State
Department of Fish & Wildlife (WDFW).
32. The map illustrates the proposed extension of water and sewer stubs from the southerly ends
of Lots 2-13 to public water and sewer lines installed in the adjacent Coyote Rock Drive.
33. The environmental checklist submitted with the application advised that a dock for Lot 1 of
the preliminary plat, which abuts the river, will be proposed through a separate permit.
34. The environmental checklist states that 2 -story residences are planned on the site, at a
maximum building height of 30 feet.
Land Use Designations for Site and Area, Surrounding Conditions
35. The Hearing Examiner's 2011 decision, in Findings of Fact #'s 31-42, described the City
land use designations for the site and neighboring land, and surrounding conditions; which findings
are adopted by reference herein.
36. The applicant previously extended and/or improved Coyote Rock Drive, Rivercrest Drive,
and Lockwood Street, and Pit Street; north of Empire Avenue; in the vicinity as public streets.
Such streets are fully improved with pavement, curbs, separated sidewalks, gutters, planting strips,
street trees, lighting, border easements and utilities.
37. The City Arterial Street Plan designates Empire Way and Cement Road in the area as
Collector Arterials. Trent Road (SR -290) and Pines Road (SR -27) are multi -lane state highways
in the area. Pines Road extends southerly from Trent Road, opposite the intersection of Cement
Road and Trent Road. Upriver Drive, north of the Spokane River, is a County Urban Minor
Arterial.
38. The site, and neighboring land located between Trent Avenue and the Spokane River, are
designated in the Mixed Use Center category of the Comprehensive Plan and zoned MUC; except
for a 31 -acre parcel of land that abuts the south and west sides of the river, north and east of the
site. The 31 -acre parcel is designated in the Park/Open Space category of the Comprehensive Plan,
zoned Park/Open Space (P/OS), and is owned by the City.
39. The site owner owns the undeveloped parcels of land lying east, south and southeast of the
site, southerly of the 31 -acre parcel owned by the City. Spokane County has constructed a public
sewer lift station along the east side of Coyote Rock Drive, approximately 800 feet east of the site.
40. In 2006, the Department approved boundary line adjustments for various lots owned by the
site owner in the Grandview Acres plat, recorded in 1908. This resulted in the configuration of 29
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 5
shoreline lots located directly west of the site, for a distance of one-half (1/2) mile; and a shoreline
lot and upland lot occupying the west portion of the site, in the Grandview Acres plat area. See
decision in File No. BLA-18-06, and County Assessor's map for area.
41. The site owner is in the process of developing the 29 shoreline lots to the west for single-
family homes, along a private road that the site owner extended west of the intersection of Coyote
Rock Drive and Lockwood Street.
42. On March 18, 2010, the Hearing Examiner approved the preliminary plat of Rivercrest at
Coyote Rocks; to subdivide 11 acres of land lying directly south and southeast of the site, across
Coyote Rock Drive, into 51 lots for single-family dwellings and a 2.6 -acre "remainder parcel". See
decision in File No. SUB -03-09. The preliminary plat was finalized on November 8, 2010, and is
being developed with single-family homes.
43. The land lying south and southwest of the site, along Empire Avenue, generally consists of
single-family homes on lots ranging from 10,000 square feet to over one (1) acre in size. The land
lying southeast of the site across Coyote Rock Drive and Pit Street, north of Empire Avenue,
consists primarily of industrial uses.
44. The 31 -acre parcel of land lying directly north and northeast of the site, referenced above,
consists of undeveloped parkland owned by the City. The Spokane Centennial Trail, a regional
public trail system that has both paved and soft surfaces, extends through the parcel, north and
northeast of the site; and extends over the Spokane River along a pedestrian bridge, north of the
west end of the site. See map, and Hearing Examiner Exhibit #1, and County Assessor parcel
information in file.
45. The portion of the 31 -acre parcel lying northerly of the site is heavily vegetated with native
trees, shrubs and grasses. The State Parks and Recreation Commission ("State Parks") owns and
manages the trail facility located on the 31 -acre parcel owned by the City, through a cooperative
agreement with the City.
46. The Centennial Trail continues along the north side of the Spokane River, west of the
pedestrian bridge, through State parkland. A trailhead and parking area for the trail are found
northeast of the bridge, and access Upriver Drive.
47. The land lying north of the Spokane River in the area is situated in unincorporated Spokane
County, and designated outside the County Urban Growth Area (UGA). Plantes Ferry Park, a large
regional county park containing numerous athletic fields, is located east of the Spokane River; less
than one-half (1/2) mile northeast of the site. Mirabeau Park, a large developed City park, is
situated approximately two (2) miles south of the site.
Critical Areas designated on Site and Neighboring Land:
48. The critical areas regulated by the City under SVMC Chapter 21.40 are identified and
illustrated on the critical areas maps contained in the Comprehensive Plan and/or on the City's
website. See Hearing Examiner Exhibit #3.
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 6
49. The City DNR streams and wetlands map on the City's website designates the Spokane River
as a "DNR Type S water", pursuant to the critical area provisions of the SVMC and WAC Chapter
222-16-030. Such water type has a base "riparian management zone" (RMZ) of 130 feet,
measured from the OHWM, under the critical area provisions of SVMC 21.40.030 and WAC
Chapter 222-30.
50. The northerly 130 feet of Lot 1 on the site may be affected by such zone, which has varying
managing requirements in the inner core, inner zone and outer zone of the RMZ. See Map 8.3 of
Comprehensive Plan, and text and Table 21.40-9 referenced in SVMC 21.40.030(D)
51. The City priority wildlife habitat and species (PHS) map designates Urban Natural Open
Space (LINOS) habitat along the Spokane River in the area. The habitat extends between the site
and the river; and continues southerly through the northerly portions of the westerly lots in the
project, in an area of native vegetation lying within and northerly of the steep slope that extends
easterly through the site. See Map 8.3 of Comprehensive Plan, City PHS map on City website,
slopes on preliminary plat map, and vegetated and excavated areas of site depicted on map in
Exhibit 6.
52. SVMC 21.40.030 advises that priority wildlife and species habitats in the City are illustrated
in the Comprehensive Plan (i.e. Map 8.3/Fish & Wildlife Habitat), as may be amended from time
to time; include Wetlands, Riparian, Urban Open Space, and the various habitats of native species;
the status of individual species is included in the WDFW recommendations for priority species and
WAC Chapter 232-12; and where differences in regulations exist as a result of overlapping priority
habitat, the regulation providing the highest degree of protection shall apply.
53. The City is required under the State Growth Management Act to provide for critical areas.
This includes "fish and wildlife conservation areas"; and "open space corridors" within and
between urban growth areas for multiple purposes, including those areas needed as critical habitat
by wildlife. Fish and wildlife conservation areas include the areas defined by the WDFW, and
"habitats of local importance" found to be of local importance by a county or city in the state. See
WAC 365-196-485 and WAC 365-190-030(5).
54. The types and locations of priority wildlife and species habitats listed on the City PHS map
are based on the habitats defined by the WDFW, and mapped by the WDFW, on its public website;
with certain exceptions, as discussed below.
55. The WDFW does not identify or map UNOS as a priority habitat in the state of Washington,
on its website, or list such habitat type on the list of priority habitats in Spokane County, or for
other counties, on the website; but does list Biodiversity Areas & Corridors on its list of priority
species and habitats in Spokane County, which appear to be similar to the UNOS habitat type. See
Hearing Examiner Exhibit #2, and WDFW PHS website.
56. The LINOS habitat mapped by the City on its PHS map appears to be a "habitat of local
importance" designated by the City, that is designed to meet the City's obligation to provide open
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 7
space corridors for critical habitat under the GMA; and is subject to protection under SVMC
21.40.030.
57. The interactive PHS map on the WDFW website does not show any priority habitats located
on the site. However, the base 130 -foot RPZ established by SVMC 21.40.030 along the Spokane
River, as a DNR Type S stream, appears to comprise Riparian priority habitat recognized by both
the WDFW and the City. See PHS interactive map on WDFW website.
58. SVMC 21.50.540.13 (Fish and wildlife conservation areas -Shoreline critical areas regulations)
provides that the shoreline buffer as mapped by the City protects "riparian" habitat, and both the
buffer and the water and land underneath the Spokane River are fish and wildlife habitat
conservation areas (FWHCAs); and the City protects the shoreline functions of these areas through
the shoreline buffer established in SVMC 21.50.260, and the vegetation conservation standards in
SVMC 21.50.260. See SVMC 21.50.540(B.1)
59. SVMC 21.50.540.B.2 also designates, as FWHCAs, the areas where state or federal
designated endangered, threatened or sensitive species have a primary association; state priority
habitats and areas associated with state priority species, as identified by the WDFW; and/or State
natural preserves and natural resource conservation areas defined, established and managed by the
DNR. SVMC 21.50.540.0 establishes performance standards for FWHCA's.
60. By definition, the area of the site that is designated as UNOS priority habitat is not a FWHCA
designated under SVMC 21.50.540.B.2, because it is not identified by WDFW as priority wildlife
habitat, it is not a DNR natural preserve or resource recreation area, and there is no evidence in the
record that it has a primary association with a state or federal designated endangered, threatened or
sensitive species.
61. The shoreline buffer that applies to the site under SVMC 21.50.230 may be intended to
supplant the 130 -foot wide RPZ that applies to the Spokane River under SVMC 21.40.030.D,
based on the statement in SVMC 21.50.450 that the shoreline buffer protects riparian habitat; but
this is less than clear. The core zone of "30 feet" and the "inner zone" of 45 feet within the RMZ
occupy the same 75 -foot area landward of the OHWM of the river as the shoreline buffer
designated on Lot 1, the only lot in the project that contains land within 130 feet of the river. The
remaining 55 feet of the 130 -foot RMZ lies outside the riparian buffer. The RPZ is required to be
managed as provided in SVMC 21.40.030.D and WAC 222-30-020.
62. The City critical areas wetland map identifies a wetland along the south side of the Spokane
River, at varying distances parallel to and northwesterly of Lots 10-13 of the preliminary plat.
However, the wetland map is not current; because it fails to recognize the recent revision to the
OHWM of the Spokane River in such area, which now encompasses the wetland area and renders
its designation obsolete. See location of OHWM on map in Hearing Examiner Exhibit #1.
63. The federal Flood Insurance Rate Map (FIRM) adopted by the City on July 6, 2010 appears to
designate the extreme northwest portion of Lot 1 of the preliminary plat in a "Zone AE"; i.e. a
mapped "area of special flood hazard", or "100 -year floodplain". See Exhibit 26, page 6 of
environmental checklist, preliminary plat map, and SVMC Chapter 21.30.
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 8
Consistency, object with Approval Criteria for Preliminary Plat:
64. Neighboring property owners did not comment on the modified preliminary plat.
65. The only concerns submitted regarding the project were submitted by Karin Divens, the
WDFW Habitat Biologist for the area. Diverts expressed concern that the OHWL, i.e. OHWM,
and the "shoreline setback" are not clearly indicated on the modified preliminary plat map;
provision of the original preliminary plat map would be helpful, so that the revisions made by the
modified plat map can be easily identified; the WDFW continues to be concerned with protection
of the shoreline area and the river, protecting the current condition of the riparian habitat, and the
continued addition of docks in the free flowing section of the river in the area; the WDFW has
observed the loss of shoreline vegetation since the construction of several of the homes along the
river, i.e. by the applicant to the west; and the shoreline rules regarding access and vegetation
removal will need to be enforced by the Department.
66. Finding of Fact #136 of the Hearing Examiner's 2011 decision on the preliminary plat found
that the original preliminary plat should be required to comply with the conditions of approval
imposed on the shoreline substantial development permit that was retroactively issued by the City
in 2007, for the grading of the site in 2006, except for a modification that conditionally allowed a
reduced riparian buffer of 75 feet as agreed to by the applicant, DOE and the WDFW; the original
preliminary plat should also be conditioned on compliance with the regulations of the former City
Shoreline Master Program; such combined conditions incorporate and enhance the mitigation
recommended in the habitat management plan (HMP) prepared by Larry Dawes of Biology, Soils
& Water, Inc., on behalf of the applicant, to mitigate the encroachment of the grading project on
the riparian buffer required by the former Master Program; and such combined conditions provide
appropriate mitigation for the impact of the project on the UNOS priority wildlife habitat
designated on the site by the City PHS map.
67. The 2007 shoreline substantial development, and the associated modification for a reduced
riparian buffer, still apply to the site. Condition #7 of the Planning Division of the Department,
listed on page 13 of the revised Staff Report, require construction of the project to comply with the
HMP prepared by Larry Dawes. The other conditions of approval recommended by the
Department require the shoreline buffer to be shown on the final plat and permanently marked on
the ground with methods approved by the Department; impose detailed requirements to avoid
impacts to the shoreline buffer on the site; and require that construction within the remainder of the
200 -foot shoreline area on the site observe the maximum building heights permitted by the
Shoreline Master Program.
68. The residences planned on the lots in the project would be located between the steep slopes
on the site and Coyote Rock Drive to the south, which plans should greatly limit potential impacts
inside the 200 -foot shoreline area on the site.
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 9
69. The final plat should be conditioned on compliance with the City Shoreline Master Program,
codified in SVMC Chapter 21.50. The final plat map should be revised to show the approximate
location of the OHWM of the river adjacent to and north of the site, the approximate location of
the 200 -foot line of shoreline jurisdiction on the site, and the location of the shoreline buffer where
it abuts the site; and to label Lot 1.
70. Subject to the additional conditions of approval recommended above, the preliminary plat
appears to adequately mitigate its impact on the UNOS priority wildlife habitat designated on the
site, and the Riparian habitat located along the river that is associated with designation of the
Spokane River as a DNR Type S stream.
71. The steeply sloped area of the site appears to contain some slopes of 30% or greater, which
condition constitutes a geologic hazard under the geo-hazard provisions set forth in SVMC
21.40.050. See contours on preliminary plat map, and p. 4 of environmental checklist. The revised
Staff Report does not address such geo-hazard.
72. Pursuant to SVMC 21.40.050, the applicant should be required to submit a geo-hazard
evaluation that documents the extent and nature of the geo-hazard, and provide mitigating
measures and an assessment of geo-hazards associated with the project. A geo-hazard mitigation
plan may be required at the time of building permit application, or construction approvals.
73. The revised Staff Report adequately addresses the consistency of the modified preliminary
plat with pertinent policies of the Comprehensive Plan; the approval criteria for the preliminary
plat, the MCU zoning district, the Shoreline Master Program and other relevant provisions of the
SVMC; and other applicable development regulations. The Hearing Examiner includes such facts
and analysis in the Staff Report as findings of fact herein, as supplemented by the Hearing
Examiner in the above findings.
74. 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.
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW:
1. Any finding of fact above that is a conclusion of law is deemed a conclusion of law.
2. The preliminary plat application, as conditioned, complies with the approval criteria for a
preliminary plat set forth in SVMC Title 20 (Subdivision Regulations) and SVMC Chapter 18.20
(Hearing Examiner); and RCW Chapter 58.17.
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 10
Any conclusion of law above that is a finding of fact shall be deemed such.
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 single-family dwellings in the MUC zoning
district, is hereby approved, subject to the conditions of the various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the 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. The following general conditions apply to the approval of the preliminary plat:
SPOKANE VALLEY COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT -
PLANNING DIVISION:
1. The final plat shall be designed in substantial conformance with the preliminary plat map of record
submitted on September 6, 2016; and shall have a maximum of thirteen (13) residential lots and 13
dwelling units, which are limited to 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 by the
applicant 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 Section 20.30.050 (Expiration of Preliminary Approval) and RCW 58.17.240, the
approval for the preliminary plat of Trailside at Coyote Rock, in File No. SUB -02-10, shall automatically
expire on December 5, 2021, unless a time extension is timely submitted and approved for the project. If a
request for an extension of time is not timely submitted and approved, the preliminary approval expires and
the plat is null and void. 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 21.50.230.B.1, shoreline buffers shall be maintained in predominantly natural,
undisturbed, undeveloped, and vegetated condition unless approved otherwise pursuant to SVMC 21.50.
4. Pursuant to SVMC 21.50.230.B.4, the final plat shall illustrate a 15 -foot building setback from the
shoreline buffer.
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 11
5. Pursuant to SVMC 21.50.370.B.7, the shoreline buffer shall be shown on the plat and permanently
marked on the ground with methods approved by the Director. This includes locations where the shoreline
buffer abuts the site.
6. Pursuant to SVMC 21.50.370.B.9, the recorded final plat shall state that use and development within
the defined shoreline buffer area is prohibited. Title notices shall be recorded with each newly created lot
that contains the restrictive language.
7. The final plat shall show the approximate ordinary high water mark (OHWA4) of the Spokane River
Where it lies adjacent to or north of the site, and the approximate location of the 200 foot shoreline
boundary on the site. The modied preliminary plat rnap submitted on September 6, 2016 does not show
the correct location of the OHWM of the river north of the site, where it was recently revised.
8. The final plat shall idents Lot I as Lot 1.
B. Prior to final plat submittal, or in association with final plat submittal, the applicant or successors in
interest shall comply with the following requirements:
SPOKANE VALLEY COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT -
PLANNING DIVISION:
1. Submit a final plat that complies with all submittal requirements specified in SVMC 20.40.
2. Place the following notes in the final plat dedication:
"All lots within this plat shall comply with the building setback requirements, maximum building
height standard and other applicable lot development standards for the Mixed Use Center (MUC)
district or successor zoning designation to the extent permitted by Washington State law in effect at
the time of building permit application."
"The maximum height limit for all new or redeveloped primary structures located within 200' of the
OHWM shall be 35'. The maximum height limit for accessory or appurtenant structures shall be
25' "
"New projects, including the subdivision of land and related construction of single family residences,
are prohibited when the use or development requires structural flood hazard reduction or other
structural stabilization measures within the shoreline to support the proposed or future development."
"Pursuant to Spokane Valley Municipal Code 21.50.230, use and development with the defined
shoreline buffer area is prohibited."
3. Pursuant to SVMC 19.40.020(B) (Residential Standards), all residential driveways and off-street
parking areas shall be paved with asphalt, Portland cement, grasscrete, paver blocks or other equivalent
hard surface material.
4. The applicant shall contact and consult with the Washington State Department of Archaeology and
Historic Preservation (DHAP), and the Spokane Tribe of Indians, to determine the likelihood of any
archaeological resources being found in the shoreline area of the site that may be impacted by
development. The City shall be informed of the consultation in writing. If the City Planning Division
determines from such consultation that the presence of such resources in the shoreline areas is likely, the
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 12
applicant shall submit a professional archaeological survey to locate, identify and protect such resources. If
a cultural resources site survey is required, it shall be prepared consistent with Section 21.50.280.13 of the
SVMC. No grading permits or building permits shall be issued prior to the consultation or subsequent
determination.
5. Upon discovery of potential or known archaeological resources at the site prior to, or during, future
on-site construction, the applicant, developer, contractor and/or any other parties involved in the
construction shall immediately cease all onsite construction, act to protect the potential or known historical
and cultural resources area from outside intrusion, and notify, within a maximum period of 24 hours from
the time of discovery, the City of Spokane Valley Community and Economic Development Department of
said discovery.
6. Reasonable caution shall be exercised to ensure that construction -related equipment, machine fluids
and fuels shall not be operated, stored, located, and/or transferred in any part of the shoreline area (i.e. 200
feet from the ordinary high water mark of the Spokane River) in a manner that such fluids or fuels can
drain into, or later make their way into, the Spokane River, can contaminate the water quality of the
Spokane River, or can harin the related water habitat/wildlife.
7. Construction of the project shall comply with the Habitat Management Plan prepared by Larry
Dawes of Biology Soil & Water, Inc. on March 9, 2007.
SPOKANE VALLEY COMM[_JNITY AND ECONOMIC DEVELOPMENT DEPARTMENT -
DEVELOPMENT ENGINEERING DIVISION:
8. 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.
9. The Driveway approach design shall follow the 2009 City Road Standards, or as amended. The
applicant is required to submit civil plans showing approaches and revised swale design. If an existing
approach is to be altered or abandoned then the unused portion of the original approach shall be removed
and replaced with curb, gutter and sidewalk matching that which is adjacent.
SPOKANE COUNTY DIVISION OF UTILITIES:
10. The final plat dedication shall state: "Public sewers shall be constructed to provide for the
connection of each lot to Spokane 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 Spokane County Sanitary
Sewer Ordinance. Sewer connection permits shall be required."
11. The appropriate General Facilities Charges (GFC) will be assigned to this development.
12. The applicant shall submit expressly to the Spokane County Division of Utilities, under separate
cover, only those plan sheets showing sewer plans and specifications for the public sewer connections and
facilities for review and approval. Commercial developments shall submit historical and or estimated
water usage as part of the sewer plan submittal. Prior to plan submittal, the applicant shall contact the
Spokane County Division of Utilities to discuss the details of the sewer plans.
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 13
13. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization of the
project.
14. 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. The security shall be in a form acceptable
to the Division of Utilities, and in accordance with the Spokane County Sanitary Sewer Ordinance.
15. Security shall be submitted to the Division of Utilities prior to approval of the Sewer Design Plans.
SPOKANE REGIONAL HEALTH DISTRICT:
16. The final plat shall be designed as indicated on the preliminary plat of record and/or any attached
sheets as noted.
17. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for
distribution by the Planning Department to the utility companies, City of Spokane Valley Engineer, and the
Spokane Regional Health District.
18. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County.
19. Water service shall be coordinated through the Director of Utilities, Spokane County.
20. Water service shall be by an existing public water supply when approved by the Regional Engineer
(Spokane), State Department of Health.
21. Prior to filing the final plat, the sponsor 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.
22. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the recorded
service area of the water system proposed to serve the plat
23. A plan for water facilities adequate for domestic use, domestic irrigation use, and fie 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 requirements and will adequately satisfy their respective needs. Said
water plan and certification will be drafted on a transparency suitable for reproductions.
24. 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 arrangements will include a provision
holding City of Spokane Valley from claims by any lot purchaser refused a building permit due to failure of
the plat sponsor to satisfactorily complete the approved water system.
25. A public sewer system shall be made available for the plat and individual service will be provided to
each lot prior to sale. The use of individual on-site sewage disposal systems shall not be authorized.
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 14
26. 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."
27. The final plat dedication shall state: "Use of private wells and water systems is prohibited."
28. 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."
AVISTA UTILITIES: .
1. The final plat dedication shall state: "Utility easements shown on the herein described plat are hereby
dedicated to the serving utility companies for the construction, reconstruction, maintenance, protection,
relocation, inspection and operation of their respective overhead or underground facilities; fiber optics,
cable, phone, natural gas and electric. The rights granted herein shall prohibit: encroachment of drainage
swales or `208 structures' when they interfere with the utilization of these easement strips by the serving
utilities; changes in grade that alter coverage over installed facilities; installation of water meter boxes; and
placement of surface structures of brick, rock or masonry that interfere with the rights granted herein. The
installation of street light poles is also prohibited unless installed by the serving utility company. Utility
companies shall also have the right to trim or remove trees, bushes, and landscaping, without
compensation, when they are situated within the easement strip. This provision shall not prohibit fences or
any lateral crossings of the easement strips with domestic water or sewer lines. If the developer or his
subcontractor should ditch beyond the limits of the platted easement strips shown hereon, the easement
shall then be identified by the actual physical location of the installed utilities".
WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFE:
1. One point of access to the Centennial Trail from the final plat or to the City's shoreline property is
required. The location is to be determined by the Washington State Park Department and the City of
Spokane Valley. The access shall be contained within a recorded easement prior to the recording of the
final plat. The developed access shall be consistent with SVMC 21.50.360 (Recreational Development and
Use), SVMC 21.50. 250 (Public Access) and SVMC 21.50.260 (Shoreline Vegetation Conservation).
WASHINGTON STATE PARKS AND RECREATION COMMISSION:
1. A legal easement shall be secured from State Parks for providing a single point of access to the
Centennial Trail.
2. Fencing along the common property line shall be permanently maintained to prevent trespass, illegal
dumping, and uncontrolled trail access. Individual lots shall not have access to the trail. These restrictions
shall be stated in the title notice recorded for each individual lot that is created.
C. Prior to or during on-site construction, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT -PLANNING
DIVISION:
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 15
1. Pursuant to SVMC 21.50.180.A.10, all clearing and grading activities shall comply with SVMC 24.50
(Land Disturbing Activities). Adherence to the following items is required during project construction:
a. Materials adequate to immediately correct emergency erosion situations shall be maintained on
site;
b. All debris, overburden, and other waste materials form construction shall be disposed of in such
a manner so as to prevent their entry into a water body. Such materials from construction shall
not be stored or disposed of on or adjacent to Shorelines of the State; and
c. The shoreline buffer shall be clearly marked on the ground prior to and during construction
activities to avoid impacts to the buffer;
2. Pursuant to SVMC 21.40.050, if the applicant proposes any development on a slope of 30% or
greater on the site, the applicant shall submit a geo-hazard evaluation that documents the extent and
nature of the geo-hazard, and provide mitigating measures and an assessment of geo-hazards associated
Wth such development. A geo-hazard mitigation plan may be required at the time of building permit
application, or construction approvals.
SPOKANE VALLEY COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT -
DEVELOPMENT ENGINEERING DIVISION:
1. Permits are required for any access to or work within the right-of-way of the City of Spokane Valley
roadway system. A traffic control plan shall accompany the right-of-way obstruction permit.
2. NOTICE -The Regional Pavement Cut Policy may prevent or limit pavement cuts in the adjacent
street(s). There is a three (3) -year moratorium on pavement cuts for newly paved streets. Please contact the
City right-of-way inspector for further information. Coyote Rock Drive was paved in 2009.
3. 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.
WASHINGTON STATE DEPARTMENT OF ECOLOGY:
1. The applicant is encouraged to use construction products containing recycled and non-toxic materials
whenever possible, to reuse and recycle all leftover construction materials, and reduce waste generated and
practice "Green Building" principles in all aspects of the project.
2. To limit use and exposure to toxic chemicals, the applicant should incorporate integrated pest
management (IPM) approaches to landscape management. See www.ecy.wa.gov/programs/swfa/upest, for
information on IPM in indoor residential environments.
3. Landscaping should incorporate waste prevention measures and the use of organic materials. Water
needs are reduced by use of drought tolerant plantings, compost material, mulch and drip irrigation.
Pesticide and herbicide use is eliminated or reduced by use of pest resistant and native plantings. Compost
is also an effective soil amendment. Chipped woody debris can be used to mulch ornamental beds, suppress
weeds, retain moisture, control erosion, and provide a base for pathways. It is recommended using organic
debris generated on-site if possible for landscaping.
4. 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
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 16
place of use, or period of use), then it is subject to approval from the Department of Ecology pursuant to
Sections 90.03.380 RCW and 90.44.100 RCW.
5. If any part of the proposed project involves development within the Special Flood Hazard Area, a
Floodplain Development Permit must be issued by the local jurisdiction.
6. Proper erosion and sediment control practices must be used on the construction site and adjacent
areas to prevent upland sediments from entering surface water. Local stormwater ordinances will provide
specific requirements. Also refer to the Stormwater Management Manual for Eastern Washington
(http://www.wcy.wa.gov/programs/wq/stormwater/eastern manual/manual.html). All ground disturbed by
construction activities must be stabilized. When appropriate, use native vegetation typical of the site.
7. Any operation which would generate a waste discharge or have the potential to impact the quality of
state waters, must receive speck prior authorization from the Department of Ecology as provided under
Chapter 90.48 RCW, Chapter 173-216 WAC, Chapter 173-220 WAC, chapter 173-200 WAC and Chapter
173-201A WAC.
8. Routine inspections and maintenance of all erosion and sediment control Best Management Practices
(BMPs) are recommended both during and after development of the site.
9. A Stormwater Pollution Prevention Plan for the project site may be required and should be developed
by a qualified person(s). Erosion and sediment control measures in the plan must be implemented prior to
any clearing, grading or construction. These control measures must be effective to prevent soil from being
carried into surface water by stormwater runoff. Sand, silt and soil can damage aquatic habitat and are
considered pollutants. The plan must be upgraded as necessary during the construction period.
10. Proper disposal of construction debris must be in such a manner that debris cannot enter the natural
stormwater drainage system or cause water quality degradation of surface waters. Dumpsters and refuse
collection containers shall be durable, corrosion resistant, nonabsorbent, nonleaking, and have close fitting
covers. If spillage or leakage does occur, the waste shall be picked up immediately and returned to the
container and the area properly cleaned.
11. The operator of a construction site that disturbs one acre or more of total land area, and which has or
will have a discharge of stormwater to a surface water or to a storm sewer, must apply for coverage under
Department of Ecology's Construction Stormwater General Permit.
12. Owners of sites where less than one acre of total land area will be disturbed must also apply if the
construction activity is part of a larger plan of development or sale in which more than one acre will
eventually be disturbed. Discharge of stormwater from such sites without a permit is illegal and subject to
enforcement action by the Department of Ecology. Application should be made at least 60 days prior to
commencement of construction activities. A permit application and related documents are available online
at: http://www.egy.wa.goy/proarams/wq/stormwater/construction; or by contacting the Water Quality
program, Department of Ecology.
SPOKANE REGIONAL CLEAN AIR AGENCY:
13. Dust emissions during demolition, construction and excavation projects must be controlled. This may
require the use of water sprays, tarps, sprinklers or suspension of activity during certain weather
conditions.
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 17
14. Measures must 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.
15. Debris generated as a result of this project must be disposed of by means other than burning.
16. Spokane Clean Air strongly recommends that all traveled surfaces (i.e. ingress, egress, parking areas,
access roads, etc.) be paved and kept clean to minimize dust emissions.
17. If objectionable odors result from this project, effective control apparatus and measures must be
taken to reduce odors to a minimum.
18. Special attention should be given to proper maintenance of diesel powered construction equipment to
reduce the impact of diesel exhaust, a suspected carcinogen.
D. Final Plat:
SPOKANE VALLEY COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT— DEVELOPMENT
ENGINEERING DIVISION:
1. Plat language will be determined at the time of final plat submittal. The applicant shall contact
Development Engineering after civil plan approval and/or prior to the first submittal of the final plat to
obtain plat language.
DATED this 5th day of December, 2016
CITY HEARING EXAMINER PRO TEM
Michael C. Dempsey, WSBA #8235
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code (SVMC), 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.
On December 5, 2016, a copy of this decision will be mailed by regular mail to the
Applicant, and to all government agencies and persons entitled to notice under Section
HE Findings, Conclusions and Decision File No. SUB -02-10 Page 18
17.80.130(4) of the SVMC_ The date of issuance of the Hearing Examiner's decision is
December 8, 2016. THE APPEAL CLOSING DATE IS DECEMBER 29, 2016.
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 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 Department of Community Development -Planning Division, 11707 E.
Sprague Avenue, Spokane Valley, WA, 99206; by contacting Lori Barlow 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 -02-10 Page 19