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SUB-2016-0003 CITY OF SPOKANE VALLEY HEARING EXAMINER Preliminary Plat of Greenacres Valley Addition, in the ) R-3 Zoning District; ) FINDINGS OF FACT, ) CONCLUSIONS OF LAW, Applicant: Len Zickler ) AND DECISION File No. SUB-2016-0003 ) 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 23, 2022; 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 Greenacres Valley Addition Subdivision; to subdivide approximately 4.21 acres of land into 13 residential lots for the development of 26 duplex dwelling units, or a combination of single-family and duplex dwellings; in the Single-Family Residential (R-3) zoning district("zone"). 2. The site is located east of and adjacent to Long Road, approximately 310 feet northeast of the intersection of Indiana Avenue and Long Road; in Spokane Valley, Washington. 3. The site is currently referenced as County Assessor's tax parcel no. 55074.6702; and is legally described as Lot 2 of Spokane Valley Short Plat No. SHP-2016-0005, per short plat recorded at Spokane County Auditor No. 6548469. 4. The applicant is Len Zickler, addressed at 328 W. Jay Avenue, Spokane, WA 99204. The site owner is Bratcher Living Trust; addressed at 37210 N. Timothy Road, Deer Park, WA, 99006. 5. On October 27, 2016, the applicant submitted a complete application for the preliminary plat to the City Community Development Department("Department"). 6. On December 9, 2016, 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 December 22, 2016, the Hearing Examiner held a public hearing on the application. The Examiner conducted a site visit on December 20, 2016. HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 1 8. The following persons testified at the public hearing, under an oath administered by the Hearing Examiner: Marty Palaniuk Len Zickler City Community Development Department 328 W. Jay Avenue 11707 E. Sprague Avenue, Suite 106 Spokane, WA 99218 Spokane Valley, WA 99206 Lisa Formanack Collins Nicholas Tebbe 2210 N. Long Road 2117 N. Long Rd. Spokane Valley, WA 99016 Spokane Valley, WA 99016 Susan Woods Gabe Gallinger 2009 N. Long road City Community Development Department Spokane Valley, WA 99016 11707 E. Sprague Ave., Ste. 101 Spokane Valley, WA 99206 Jeff Amistoso 1615 W. Pine Hill Road Spokane, WA 99218 9. The Hearing Examiner heard the application pursuant to Chapters 17.80, 18.20 and 20.30 of the Spokane Valley Municipal Code (SVMC); and Appendix B (Hearing Examiner Scheduling Rules and Rules of Conduct) of the SVMC. 10. The following exhibits were submitted by the Department: Exhibit 1: Vicinity Map Exhibit 2: Zoning Map Exhibit 3: Comprehensive Plan Map Exhibit 4: 2014 Aerial Map Exhibit 5: Application Submittal Exhibit 6: Preliminary Plat Map of Record Exhibit 7: Determination of Completeness Exhibit 8: Notice of Application Materials Exhibit 9: SEPA Determination Exhibit 10: SEPA Checklist Exhibit 11: Notice of Public Hearing Materials Exhibit 12: Agency Comments Exhibit 13: Public Comments Exhibit 14: Trip Generation& Distribution Letter Exhibit 15: PowerPoint presentation for Staff Report and Recommendations HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 2 11. Exhibits 1-14 are attachments to the Staff Report prepared by the Department. Exhibit 15 is a PowerPoint presentation of the Staff Report and recommendations to the Hearing Examiner, submitted at the hearing. 12. The Hearing Examiner takes notice of the City Comprehensive Plan, the SVMC, and the City of Spokane Valley 2009 Street Standards; other applicable development regulations; and prior land use decisions for the site and neighboring land. 13. The record includes the electronic recording of the public hearing by Hearing Examiner staff; the Staff Report and the other documents contained in the application file, at the time of the public hearing;the sign-in sheet for the hearing; and the items taken notice of by the Examiner. Description of Site: 14. The site is approximately 4.21 acres in size, L-shaped, relatively flat in topography, undeveloped, and covered by grass and other vegetation. 15. The site was recently created from a 2-lot short plat of the site. The short plat includes the 18,000-square foot parcel that abuts the west end of the site on the south; which is improved with a single-family dwelling, and owned by the current site owners. Description of Preliminary Plat: 16. The preliminary plat map of record ("map") for the application is dated September 14, 2016, colorized and contained in the application file. A copy of the map forms the last attachment to Exhibit 14 in the Staff Report. The preliminary plat map dated August 17, 2016, a copy of which is contained in Exhibit 6 of the Staff Report, is an earlier draft of the map. 17. The map depicts, or indicates, the following features of the project, in pertinent part: a. A total of 13 residential lots ranging from 12,002 square feet to 13,644 square feet in size; with widths/frontages ranging from 74-104 feet, and depths ranging from 116-166 feet. The site data table on the map indicates the 13 proposed lots to be"duplex" lots. b. The easterly extension of a 40-foot right of way for Shannon Road through the preliminary plat to Long Road, as a public road. c. An existing 7-foot wide border easement located along the east side of Long Road, and a proposed 13-foot wide border easement along the north side of proposed Shannon Road in the preliminary plat. d. The short plat boundaries that separate the site from the parcel lying directly south of the west end of the site; and retention of two(2)buildings on such adjacent parcel. e. An existing public sewer line located in Long Road adjacent to the site, and existing overhead electrical utilities along Long Road in proximity to the site. HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 3 18. Because a duplex dwelling can accommodate two (2) families in separate dwelling units, the project is proposing a total of 26 duplex dwelling units on 13 residential lots. See reference to duplex dwelling as two (2) "attached single-family dwellings" in SVMC 19.40.020.A.1.a; and definitions of"dwelling, duplex", "dwelling, single-family", and "dwelling unit" in Appendix A of SVMC. 19. The gross density of the preliminary plat is approximately 6.2 dwelling units per acre. Land Use Designations for Site and Neiehborin2 Properties. Surroundint Conditions: 20. The site and neighboring land are designated in the Low Density Residential category of the Comprehensive Plan. 21. The site and neighboring land, except the land lying east and southeast of the site, are zoned R-3. The land lying between the site and Montgomery Avenue to the north, and the land lying west of the site and Long Road, generally consists of lots or parcels that range from .5 acres to 2.5 acres in size, and are improved with single-family dwellings along with some agricultural uses. 22. The land lying between the site and Indiana Avenue to the south generally consists of lots or parcels that range from 7,700 square feet to .8 acres in size, and are improved with single-family dwellings. 23. The land lying northeast of the site, southwest of the intersection of Montgomery Road and Riverway Avenue, is zoned R-3, and consists of 45 lots for single-family dwellings in the final plat of Sonata Springs; which was finalized in 2007. On April 28, 2005, the Hearing Examiner approved a preliminary plat to divide 9.35 acres of the land in such area into 45 lots for single- family dwellings, in the former Urban Residential-7* (UR-7*) zone; with an average lot size of 7,265 square feet and a gross density of 4.8 dwelling units per acre. See Hearing Examiner decision in File No. SUB-11-04. 24. The land lying east and southeast of the site, north of Indiana Avenue, is zoned R-4, and consists of 37 lots for single-family dwellings in the final plat of Greenacres Valley Estates; which was finalized in 2007. On May 26, 2006, the Hearing Examiner approved a preliminary plat to divide 8.86 acres of land into 37 lots, with an average lot size of 8,500 square feet and at a gross density of 4.2 dwelling units per acre; along with a rezone of the property to the former UR-7 zone. See Hearing Examiner decision in REZ-28-05/SUB-13-05. 25. In April 2006, the City adopted a new Comprehensive Plan. On October 28, 2007, the City expanded and re-codified the Uniform Development Code (UDC) provisions in the SVMC, repealed its past zoning and subdivisions regulations, and adopted new zoning maps to implement the new zones in the UDC. The current zoning for the site and most of the land in the area was established at such time. 26. Several urban residential subdivisions are found between Long Road and Flora Road in the area, primarily on land zoned R-3. The area has experienced rapid housing growth over the past 10 years or so. HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 4 27. On February 25, 2013, the Hearing Examiner approved the preliminary plat of Centennial Place, to divide 9.2 acres of land located at the southwest corner of Flora Road and Indiana Avenue, into 48 lots for single-family dwellings, at a gross density of 5.2 dwelling units; and approved a rezone of such land from the R-3 zone to the R-4 zone. See Hearing Examiner decision in File No. SUB-01-12/REZ-02-12. The Centennial Place final plats for such area have been fully developed. 28. The Spokane River flows westerly through the area, and loops to the north for some distance north of the site; north of Montgomery Avenue and Riverway Road. 29. The Spokane Centennial Trail, a paved regional path that extends easterly to the state of Idaho and westerly to the City of Spokane and beyond, is located along the south side of the river, within a continuous strip of wooded State parkland. A public access to the trail is located one-half (1/2)northeast of the site, north of the intersection of Flora Road and Montgomery Avenue. 30. Greenacres Park, a city park, was recently developed on 8.3 acres of land lying just over one- half(1/2) mile south of the site; at the intersection of Boone Avenue and Long Road. A public elementary school is planned less than one-half(1/2) mile southeast of the site, at the southwest corner of the intersection of Long Road and Mission Avenue. The nearest public transit stop lies approximately one-half(1/2) mile southeast of the site, at the intersection of Barker and Mission. See environmental checklist review in Exhibit 9. 31. Barker Road has a freeway interchange with Interstate 90 (I-90) southeast of the site. Flora Road passes over I-90 southwest of the site. A roundabout intersection was recently installed at the intersection of Mission Avenue and Flora Road, southwest of the site; and Mission Parkway was extended east to the roundabout in a one-way configuration. Mission Parkway, west of its one-way configuration, merges into Indiana Avenue, and extends as a two-way road all the way west to Sullivan Road, near 1-90. 32. Various commercial uses have been developed along Indiana Avenue, west of Mission Parkway. A wide range of commercial uses is found along Broadway Avenue, east of Sullivan Road, and also along Sprague Avenue and Appleway Avenue; south of I-90. Broadway Avenue extends east to Flora Road. See Hearing Examiner decisions referenced above. 33. The City Arterial Street Plan, set forth in the Comprehensive Plan, designates Long Road as a proposed Collector Arterial, Flora Road/north of Mission as a Collector Arterial; Flora Road/south of Mission, Mission Avenue, Mission Parkway, and Indiana Avenue/west of Flora as proposed Minor Arterials; Broadway Avenue/west of Long as a Minor Arterial; and Barker Road and Sullivan Road in the area as Principal Arterials. Comments submitted by Neighborine Property Owners: 34. Several owners of neighboring properties submitted written comments and/or testimony that expressed opposition to, or concerns regarding, the proposed preliminary plat. The written HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 5 comments submitted by such owners are summarized on pages 9-10 of the Staff Report, and are copied in Exhibit 13 of the Staff Report. Consistency of Application with Approval Criteria for a Preliminary Plat: 35. The Low Density Residential category of the Comprehensive Plan is generally intended to address 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 zones. See p. 11-12 of Comprehensive Plan, and SVMC 19.40.030 through 19.40.060. 36. The Comprehensive Plan, on page 12, advises that typical lot sizes in the Low Density Residential category will range 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. 37. The minimum lot size, width and depth for a single-family lot/dwelling in the R-3 zone are 7,500 square feet, 65 feet and 90 feet, respectively; and for a duplex lot/dwelling unit are 6,000 square feet, 60 feet and 90 feet, respectively. Accordingly, undivided duplex lots must be a minimum of 12,000 square feet in size. The maximum lot coverage in both the R-2 zone and R-3 zone is 50%. 38. The R-3 zone requires front/flanking yards of 15 feet, a minimum garage setback and minimum rear yard setbacks of 20 feet, a minimum side yard setback of five (5) feet, and a maximum building height of 35 feet for residential uses. 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. The Staff Report sets forth relevant policies of the Comprehensive Plan for the current applications. Policies LUP-1.7 and NP-2.8 state that zone changes should be allowed within the Low Density Residential category of the Comprehensive Plan when specific criteria are met. This may include substantial changes within the area, the availability of adequate facilities and public services, clear mapping errors, and consistency with residential densities in the vicinity of the rezone site. 40. 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 cut-through traffic be discouraged. b. Policy TP-2.1 recommends that street designs should complement adjacent development. HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 6 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. Policies LUP-1.4 and LUP-2.3 encourage the development of transportation routes and facilities to serve residential neighborhoods, with special attention being given to pedestrian circulation/walking, biking and transit uses. f. Policy LUP-16.1 encourages new developments to be arranged in a pattern of connecting streets and blocks to allow people to safely get around easily by foot, bicycle,bus or car. g. Policy BP-1.1 encourages bike lanes, shared use paths and sidewalks throughout the City where applicable and appropriate. Policy BP-1.4 encourages sidewalks, bicycle facilities and shared use paths as part of development where appropriate. h. Map 11.4 (Recommended Pedestrian Network) in the Comprehensive Plan shows a proposed bike lane along Mission Avenue south of the site. 41. The duplex lots in the project comply with the minimum lot area of 12,000 square feet, the minimum lot width of 60 feet, and the minimum lot depth of 90 feet required in the R-3 zone. 42. The gross density of the project of approximately 6.2 dwelling units per acre is slightly above the maximum density of 6.0 dwelling units per acre contemplated by the Comprehensive Plan in the Low Density Residential category, but the R-3 zone does not impose a maximum residential density. 43. Jeff Amistoso testified, as a prospective developer of the project, that the current plan is to develop the lots as duplexes, but a combination of duplexes and single-family lots is possible; single-level ranchers are planned for the project, with a floor space of 1,500 square feet to 1,600 square feet and 2-car garages; housing would be aimed at seniors and others intending to downsize their living arrangements; the units would be of quality construction and have lap siding, fireplaces, and other amenities; and the developer would retain ownership of the units, rent the units, and maintain the yards and exterior of the units. 44. The applicant, Len Zickler, a former planner and a licensed landscape architect, testified that perimeter fencing is proposed along the north, south and east borders of the project; and that the area is in transition to higher housing densities, in the implementation of the Comprehensive Plan and the urban zoning adopted by the City for the area. The SVMC does not require fencing or landscaping as a buffer between duplex dwellings and single-family dwellings in the R-3 zone. 45. 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 HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 7 a comprehensive plan, such regulations, or the comprehensive plan, respectively, are determinative of the standards of development for the land use action. 46. 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). 47. Under the above authorities, the Hearing Examiner cannot question the choice of duplexes for the lots in the preliminary plat, because a duplex is a permitted use in the R-3 zone. The SVMC contains no restrictions on renting duplex dwellings, or single-family dwellings. There is no competent evidence in the record establishing that the rental of the duplex units in the project would increase crime, cause a blight in the area, or have any significant impact on property values in the area. 48. SVMC 22.130.030 authorizes the Senior Engineer of the Development Engineering Division of the Department ("Senior Engineer"), under the authority of the Department Director, to develop and administer the Spokane Valley street standards per SVMC 22.130.040; and to require development projects to provide transportation improvements, and dedicate right of way and border easements and future acquisition areas. 49. In December 2009, the City adopted Street Standards ("Street Standards")pursuant to SVMC 22.130.040. SVMC 22.130.070 requires the Senior Engineer, prior to the issuance of any approvals for development projects or permits subject to SVMC Chapter 22.130, to determine the extent and type of street improvements, the dedication of right of way/border easements, or designation of future acquisition areas required, to the extent allowed by law, and pursuant to various plans and standards. Such plans and standards include the Comprehensive Plan, arterial street map, Street Standards, local street plan, and Manual on Uniform Traffic Control Devices; information provided by the applicant, including engineering reports, preliminary site plans and other relevant data; a determination of the function, safety, efficiency and coordinated future expansion needs of the roadway system to serve the traveling public and emergency vehicles; and portions of the uniform development code consisting of SVMC Titles 17-25 that specifically identify future roadways, streets or other rights of way. 50. SVMC 20.20.090 requires the design of subdivisions to conform to the requirements of all applicable City plans, regulations, and design and development standards; and lists other general design requirements. This includes street alignments designed and constructed with appropriate consideration for existing and planned streets, anticipated traffic patterns, topographic and drainage conditions, public safety, adopted street standards, Comprehensive Plan, and the proposed use of the land being divided; and all road designs being in conformance with SVMC Chapter 22.130 and adopted street standards. 51. Pursuant to SVMC 20.20.100, as well as RCW 58.17.110, the Hearing Examiner is required to make written findings of fact for preliminary subdivisions, in pertinent part, that appropriate provisions are made for the public health, safety and general welfare; streets and sidewalks; sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; parks and recreation; sanitary sewer, and public potable water supplies; whether HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 8 the public interest will be served by the subdivision; and whether the public interest will be served by the preliminary subdivision. 52. Chapter 7 (Street Elements) of the City Street Standards distinguishes between "single family" units and "multi-family" dwelling units, but not between "single family" dwelling units and "duplex"dwelling units. 53. Appendix A of the SVMC defines a "duplex" dwelling differently than a "single-family" dwelling, with a duplex dwelling being designed exclusively for occupancy by two (2) families, and a single-family dwelling being designed exclusively for single-family residential purposes. Table 19.40.1 (residential zone standards) of the SVMC references standards for a "single-family" lot and for a "duplex" lot. However, SVMC 19.40.020.A.1.a characterizes a duplex dwelling as a type of "attached" single-family dwelling; so a duplex lot could be described as an "attached" single-family residential lot for two (2) dwelling units. 54. The references to "single family residential" units or lots in Chapter 7 of the Street Standards should be construed to include "duplex"units or lots. 55. Section 2.3.1 of the City of Spokane Valley Street Standards ("Street Standards") establishes typical street improvement requirements for all projects "...except for single-family dwellings, set forth more specifically herein...". Section 2.3.1.b indicates that typical requirements include the design and construction of fronting improvements on existing streets "...necessary to provide adequate transportation service to, or within, a development, as applicable (see Sections 2.3.2 and 2.3.3)" 56. Section 2.3.2 of the Street Standards is intended to address the street standards for "single- family dwellings", which reference should be construed to include "duplex" dwellings. Section 2.3.2.a of the Street Standards requires fronting improvements along all public streets adjacent to a planned subdivision, with the extent of required improvements being based on existing conditions, the identified impact of the project or transportation improvement, and the applicable standard; and with typical improvements being pavement widening, curb, gutter, grassy swale and sidewalk. 57. The minimum arterial street design criteria, including the criteria for Collector streets, is set forth in Tables 7.1 and 7.2 of the Street Standards. The improvement standards for a local access street are set forth in Table 7.3 of the Street Standards. Also see related provisions in Chapter 7 (Street Elements) of the Street Standards. 58. The conditions of approval recoarncnded for the project by the City Development Engineering Division ("City Engineering") require Long Road to be improved along the frontage of the site to a Collector Arterial standard; including the addition of sufficient asphalt to provide a half width of 20 feet, measured from centerline to gutter. Curb, gutter, a 10-foot roadside swale, and a 5-foot sidewalk are also required along the frontage of the site. A 7-foot wide border easement has already been provided by the site owner along Long Road, pursuant to the short plat that was recently approved for the site and the adjoining parcel to the south. HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 9 59. The conditions of approval recommended by the City Engineering Division require the applicant to extend and improve Shannon Avenue through the site as a City local access street. This includes 30 feet of asphalt; and the installation of curb, gutter, a 10-foot roadside swale, a 5- foot sidewalk and a border easement on both sides of the road. 60. The applicant submitted a trip distribution letter for the project prepared by a professional traffic engineering consultant on November 10, 2016. The traffic engineer estimated that the 26 duplex units in the project would generate approximately 13.5 PM peak hour trips, based on the lower trip generation for a duplex unit compared to a single-family dwelling unit; estimated that project traffic would generally be distributed 60% along Long Road to the south, 15% along Montgomery Avenue to the north, and 25% along Shannon Avenue to the east; noted that the project would have several direct access routes to arterials; and advised that the project is not expected to have significant impacts on the local street system. See letter dated 11-10-16 from J. Matthew Weber, P.E. to Marty Palaniuk. 61. On December 1, 2016, Sean Messner, the City Senior Engineer, approved a certificate of transportation concurrency for the project; for 13 duplex units (26 single-family units) and 26 PM peak hour trips. 62. Washington case law, and RCW 82.02.020, generally prohibit the imposition of a condition on development by local government that is not reasonably necessary as a direct result of the development. Any condition imposed must also be "roughly proportionate" to the impact of the development. See Isla Verde Intl Holdings v. City of Camas, 146 Wn.2d 740 (2002); United Development v. Mill Creek, 106 Wn. App. 681 (2000), review denied, 145 Wn.2d 1002 (2001); and Sparks v. Douglas County, 127 Wn.2d 901 (1995). 63. The project will provide- sidewalks along a portion of Long Road, which currently lacks sidewalks in the vicinity; along with other frontage improvements. Similar sidewalk and road improvements will potentially be extended along other portions of Long Road, as housing densities continue to increase in the area. Neighboring property owners did not support their concerns regarding traffic congestion and traffic safety with competent engineering proof,to rebut the traffic recommendations for the project by City Engineering and the applicant's consulting traffic engineer. 64. The traffic improvements for the project requested by City Engineering conform to the City Street Standards, are reasonably necessary as a direct result of the impact of the project, and appear to be "roughly proportionate" to the impact of the project; and make appropriate provisions for streets and sidewalks, and for sidewalks and planning features for children walking along Long Road in the future to the new elementary school planned at the intersection of Long Road and Mission Avenue. 65. Lisa Formanack Collins, the owner of the 2.5-acre parcel lying directly north of the site, along the east side of Flora Road, testified that the project would encroach on a portion of her driveway, relying on a boundary established by the fence line. HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 10 66. The ground photo on page 8 of Exhibit 15 shows the paved driveway on the Collins property where it widens to the south as it approaches Long Road, and appears to encroach on the extreme northwest corner of the site. Len Zickler testified that the encroachment may be into the City right of way along Long Road, although there may be a slight encroachment on the site; and advised that he and the developer of the project would work with the owner of the Collins property to address any encroachment in the development of the site. 67. The conditions of approval require a survey of the site by a professional surveyor for the final plat. Any issues of prescriptive rights maintained by the owners of the Collins property regarding the driveway encroachment would be a private matter that the Hearing Examiner cannot resolve in the current decision. 68. Nicholas Tebbe, the owner of the approximately 2-acre parcel lying directly west of the site, improved with a single-family dwelling, requested that the westerly portion of Shannon Avenue extended through the project site be moved 50-70 feet to the north so that it would line up with a future road that Tebbe contemplates to extend through his property in the future to develop it for housing; generally in the alignment of Mansfield Avenue located six (6) parcels to the west, or in the alignment of existing Shannon Avenue located east of the site, which appears to be located approximately 15 feet farther to the south than Mansfield Avenue. 69. Nicholas Tebbe advised that if Shannon Avenue was extended through the project along its alignment in the development lying east of the site, instead of veering to the south as illustrated in the project, and continued west of Long Road, the road would pass just north of his house; and be able to provide access for future development on his property, the parcel owned by his neighbor to the west, who he indicated is interested in developing his property, and the other parcels lying between Tebbe's parcel and Mansfield Avenue to the west. See County Assessor's section map for the S V2 of Section 7 in application file. 70. Nicholas Tebbe also expressed concern that the approach of Shannon Avenue to Long Road in the project aligns with the large front picture window of his house, which is five (5) feet tall and at least eight (8) feet wide; and headlights from vehicles traveling southwest along proposed Shannon Avenue in the project for approximately 400 feet (i.e. between proposed Lots 8 and 13) would shine directly into his front picture window and disturb the privacy and enjoyment of his residence. Tebbe further expressed concern that vehicles turning left from the Shannon approach onto Long Road could veer onto his front lawn during slick conditions or through careless driving. See testimony of Nicholas Tebbe, and email dated 11-26-16 from Nicholas Tebbe to Martin Palaniuk. 71. Section 7.5.13.3 of the Street Standards provides that local access streets shall be located at the minimum spacing specified in Table 7.5 of the standards, measured from centerline to centerline. Table 7.5 (Minimum Intersection Spacing for Local Access Streets) in such section requires a local access street to be located a minimum distance of 150 feet from other local access streets. 72. Gabe Gallinger, an engineer for City Engineering, testified that City Engineering interprets the intersection spacing requirements set forth in the Street Standards as applying to both sides of HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 11 the street, but the rule is not hard and fast and design deviations to the spacing requirements may be approved if certain criteria are met; City Engineering would probably not be opposed to approving a design deviation that would allow the easterly extension of a street along the north edge of the Tebbe property to Long Road, either along the alignment of Mansfield Avenue several parcels to the west or Shannon Avenue east of the site, if Shannon Avenue intersected Long Road at the location illustrated on the preliminary plat map; there is nothing in the Street Standards that requires a public street to be extended in a strict horizontal alignment, as long as horizontal curve and other geometric requirements are met, and a curving street can provide a traffic calming function; Shannon Avenue could be moved a short distance to the north, and the space between the road and the parcel lying south of the west end of the site could be reserved for a small open space tract; and the Street Standards do not compel that Shannon Avenue line up with Mansfield Avenue located several parcels to the west, or that the applicant align Shannon to facilitate future speculative development on the Tebbe property. 73. The aerial map in Exhibit 4 illustrates the location of the Tebbe residence in relation to the boundaries of the site. The Hearing Examiner takes notice, from his site visit on December 20, 2016, that the front picture window located on the east wall of the Tebbe residence is located near the north wall of the residence. The Examiner estimates that the north one-half(1/2) of the right of way for Shannon Avenue in the project would pass directly north of the Tebbe residence, if extended across Long Road, and the headlights of vehicles stopped in such portion of the right of way would not directly shine into the picture window, but would still have some lighting impacts; however, the headlights of vehicles traveling southwest along Shannon Avenue in the project for approximately 400 feet would likely be directed at the picture window. 74. Len Zickler testified that a slight adjustment could be made in the alignment of Shannon Avenue in the project to the north, without significantly affecting the design of the project. The Hearing Examiner takes notice that on December 19, 2016, the City revised the development standards for single-family dwelling units in the R-3 district to allow a minimum lot size of 5,000 square feet, which equates to a minimum lot size for a duplex lot of 10,000 square feet. 75. Len Zickler testified that the best way to mitigate headlight impacts to the picture window on the Tebbe residence is for Tebbe to install landscaping on his front lawn. However, this places the entire burden on Nicholas Tebbe to reduce such impacts, and would impair the view out his front window. 76. To help reduce headlights impacts to the Tebbe property located to the west, the approach of Shannon Avenue to Long Road in the project should be moved at least 10 feet to the north, and the lots in the project modified in accordance therewith. There is insufficient support in the Street Standards to require the applicant to align Shannon Avenue so that it could be extended across Long Road in its current alignment east of the site, or to align with Mansfield Avenue several properties west of Long Road. 77. The project will be served with public sewer and water. County Utilities, Consolidated Irrigation District No. 19, and Spokane County Fire District 1 (Spokane Valley Fire Department) respectively certified that availability of public sewer, public water and adequate fire flow for the 26 dwelling units proposed in the project; which establishes compliance with the concurrency HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 12 requirements set forth in the SVMC. Such certifications were not rebutted by neighboring property owners though competent proof 78. The SVMC does not require direct concurrency for schools or parks. Central Valley School District #356 was contacted regarding the project, but did not submit any comments. Greenacres Park, and the new elementary school planned on the existing school site located at the intersection of Long Road and Mission Avenue, are located within walking distance of the project to the south. 79. The City has not designated any priority wildlife habitat areas on or near the site. The nearest priority habitat is Urban Natural Open Space designated along the Spokane River north of the site. See Map 8.3 in Comprehensive Plan. 80. Public agencies did not object to the applications, or the environmental impact generated by the proposal. Fire District 1 submitted standard fire flow conditions for the project, but expressed no concerns regarding the project. 81. The environmental checklist submitted by the applicant, and the DNS issued by the Community Development Department, properly addressed the environmental impacts of the project. The procedural requirements of the State Environmental Policy Act and SVMC Title 21 (Environmental Controls) have been met. 82. The Staff Report contains a detailed analysis of the consistency of the project with the Comprehensive Plan, the development regulations of the SVMC, and the approval criteria for the preliminary plat set forth in the SVMC. The Hearing Examiner adopts such findings and analysis by reference, as supplemented above. 83. As conditioned, the preliminary plat application complies with the direct concurrency requirements set forth in SVMC Chapter 21.20 (Concurrency). 84. The preliminary plat application, as conditioned, complies with the R-3 district and the zoning, subdivision and other requirements for land development set forth in the SVMC; and with other applicable development regulations. 85. The preliminary plat and dedication, as conditioned, conform to the Comprehensive Plan and will serve the public use and interest. 86. The preliminary plat and dedication, as conditioned, make appropriate provision for the public health, safety and general welfare; for all other requirements found to be necessary and appropriate and for which written standards and policies have been adopted; and for open spaces, streets, alleys, 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: HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 13 III. CONCLUSIONS OF LAW: 1. Any finding of fact above that is a conclusion of law is hereby deemed such. 2. The approval of the preliminary plat, as conditioned, is appropriate under SVMC Title 20 (Subdivision Regulations), SVMC Chapter 18.20 (Hearing Examiner), and RCW Chapter 58.17. 3. Any conclusion of law above that is a finding of fact is hereby deemed such. IV. DECISION: Based on the Findings of Fact and Conclusions of Law above, the application for a preliminary plat is hereby approved, subject to the revised conditions of the various agencies specified below. Any conditions of approval of public agencies that have been added or significantly altered by the 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 Ap proval: The "applicant", as referenced in the conditions of approval below, shall be deemed to include the owner and developer of the site, and their heirs, assigns and successors-in-interest. A. The following Qeneral conditions apply to the preliminary plat approval: SPOKANE VALLEY PLANNING DIVISION: 1. The final plat shall be designed in substantial conformance with the preliminary plat map of record dated September 14, 2016, and shall have a maximum of 13 residential lots; unless a preliminary plat modification is requested and approved pursuant to SVMC 20.50 (Preliminary Plat, Short Plat, and Binding Site Plan Alterations). 2. Pursuant to SVMC 20.30.060 (Extensions of Time), an application form and supporting data for time extension requests must be submitted to the Director at least thirty (30) calendar days prior to the expiration of the preliminary plat approval. 3. Pursuant to SVMC 20.20.050 (Prohibition against sale, lease or transfer of property) any sale, lease, or transfer of any lot or parcel created pursuant to the SVMC that does not conform to the requirements of the preliminary plat approval or that occurs without approval, shall be considered a violation of chapter 58.17 RCW, and shall be restrained by injunctive action and shall be illegal, as provided in Chapter 58.17 RCW. Each sale, lease, or transfer of each separate lot or parcel of land in violation of any provision of this ordinance shall be deemed a separate and distinct offense. 4. SVMC 20.20.080 (Professional Land Surveyor) requires the preparation of all preliminary and final subdivisions be made by or under the supervision of a professional land surveyor. The professional land HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 14 surveyor shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. A survey is required for all final plats. All surveys shall comply with the, Survey Recording Act (RCW Chapter 58.09)and Survey and Land Descriptions(WAC 332-130. 5. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), the preliminary plat approval automatically expires five (5) years after preliminary approval is granted, unless a time extension is approved for the preliminary plat. The expiration date for the current preliminar\ plat is January 23, 2022. If a request for an extension of time is not submitted at least 30 days prior to the date of expiration of the preliminary plat, and approved by the Department, the preliminary approval expires and the preliminary plat is null and void. 6. Pursuant to SVMC 20.40.030 (Filing Short Plat, Plat, or Binding Site Plan), the City of Spokane Valley shall record the final plat with the Spokane County Auditor's Office, upon receipt of all required signatures on the face of the plat. 7. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by the applicant prior to recording. 8. The preliminary plat shall be revised,prior to final plat approval, so that Shannon Avenue intersects Long Road at least 10 feet north of the location illustrated on the preliminary plat map of record, and the slant of the road to the southwest in the preliminary plat is decreased accordingly to reduce vehicle headlight impacts to the Nicholas Tebbe residence located west of the site. B. Prior to or at the time of the submittal of a proposed final plat. the applicant or successors in interest shall comply with the following requirements: SPOKANE VALLEY PLANNING DIVISION: 1. Submit a final plat that complies with all submittal requirements specified in SVMC 20.40. 2. The final plat dedication shall state: "All lots within this plat shall comply with the building setback requirements, maximum building height standard, maximum lot coverage standard and other applicable lot development standards for the R-3 zoning district or successor zoning designation to the extent permitted by Washington State law in effect at the time of building permit application." SPOKANE VALLEY BUILDING DIVISION: 1. The following addresses have been assigned and shall be designated on the final plat: Lot Address _ 1 17910/17912 E Shannon Ave 2 17916/17918 E Shannon Ave 3 18006/18008 E Shannon Ave 4 18010/18012 E Shannon Ave 5 18018/18020 E Shannon Ave 6 18026/18028 E Shannon Ave 7 17903/17905 E Shannon Ave 8 17907/17909 E Shannon Ave 9 17911/17913 E Shannon Ave 10 17919/17921 E Shannon Ave HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 15 11 18001/18003 E Shannon Ave _ 12 18009/18011 E Shannon Ave _ 13 18021/18023 E Shannon Ave SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION: 1. A Professional Engineer, licensed in the State of Washington, shall prepare required engineering documents (including civil/street plans, drainage plans, drainage calculations, traffic studies, shared access driveway plans, etc.) The plans shall conform to the 2009 City of Spokane Valley Street Standards (SVSS) or as amended, the 2008 Spokane Regional Stormwater Manual (SRSM) or as amended, the City of Spokane Valley Municipal Code (SVMC) 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.) shall be submitted through the Building Department Permit Center located at 11707 E Sprague Avenue, Suite 108. 3. Long Road is designated as a Collector Arterial, and half-street frontage improvements are required per Spokane Valley Street Standards (SVSS) Chapter 2 and SVSS Standard (Std.) Plan R-122, "Swale Section". The required improvements are detailed below: a. 20 feet of asphalt width from street centerline to edge of gutter. b. 2-foot wide Type `B' curb and gutter per SVSS Std. Plan R-102. c. 10-foot wide roadside swale per SVSS Std. Plan S-130. The applicant shall install seed/grass in the roadside swale and maintain the swale. d. 5-foot wide concrete sidewalk per SVSS Std. Plan R-103. 4. The following information was used to determine the widths of Long Road right-of-way(ROW) and border easement dedications per SVSS Std. Plan R-122. Existing dedication widths were estimated using information from the Spokane County Assessor's Office. The project applicant is responsible for verifying all values listed below. a. Existing half ROW width is 30 feet. b. Required half ROW width is 24 feet. c. ROW dedication not required. d. A 7-foot wide border easement was dedicated as part of Short Plat No. SHP-2016-0005. 1. No additional border easement is required. 2. Note: building setbacks begin at the edge of border easement. 5. The internal street proposed as Shannon Avenue shall be designated and designed as a local access public street per Typical Street Section R-120. Any right-of-way and/or border easement dedications shall be designated on the final plat language and map. Not: the building setback begins at the edge of the border easement. Where streets end at the plat boundary, the right-of-way and border easements shall continue to the plat boundary. Note: The above conditions require Shannon Avenue to be moved at least 10 feet north along Long Road from the location currently illustrated on the preliminary plat map. 6. In accordance with the SVMC 19.40.020 (Residential Standards), all residential driveways shall be paved. Private driveways shall conform to SVSS Section 7.3.4. HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 16 7. The driveway approach design shall comply with the 2009 SVSS, or as amended. 8. 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 street 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 within a tract(see SRSM 11.2). 9. If drywells are proposed that do not receive stormwater from public facilities, and they are in Garrison or Springdale soils, the testing to confirm the soil classification and that drywells will function as designed may be performed during construction. If such option is exercised, the following note shall be placed on the cover of the plans: a. Per Spokane Regional Stormwater Manual methods, a qualified licensed engineer shall evaluate, classify and document the soils in the excavated drywell infiltration zone prior to installation of the filter fabric, drainage rock or drywell barrel; and shall determine if the soil's conditions will be suitable and capable of infiltrating storm water at the design flow rate. The engineer shall submit a copy of the documentation detailing the observations, the conclusions and the basis for the conclusions to the City of Spokane Valley Development Engineering. If the engineer determines that the soils do not meet the design's requirements, or that a condition exists preventing the drywell from functioning as designed, the design engineer shall be notified and the design shall be revised to meet existing conditions. Any revisions to the design shall be submitted to the City of Spokane Valley for review and acceptance. 10. For the General Construction Notes, use those in the SVSS Appendix 4A rather than those in the SRSM Appendix 3B. 11. Show all utilities and utility easements (i.e. Telephone, power, etc.). The permittee is responsible for arranging all utility adjustments, improvements, or relocations as required for completion of the project. All rigid objects shall be located out of the clear zone. The clear zone requirements can be found in the 2009 SVSS, or as amended. The permittee shall contact every utility purveyor impacted by the project and conduct the following procedures: a. Discuss with the purveyor the proposed work including private services, utility improvements, and any relocations and adjustments as well as the costs for these activities, b. When utility relocations are required, obtain from the purveyor a written statement that they acknowledge and concur with or have alternatives for the needed work; and c. Forward a copy of the statement to Spokane Valley Development Engineering. The receipt of statements will be required prior to plan approval. 12. If sewer and/or water needs to be brought to the properties, and to do this requires an Engineering design, copies of the approved sewer and water plans shall be submitted to Development Engineering. The civil plans for the project shall show the extents of pavement removal and replacement. 13. All new dry wells and other injection wells shall 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 (nonendangerment standard) at the top of the ground water table. Contact the UIC staff at UIC Program, Depaituient of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143, or go to: http://www.ecy.wa.gov/programs/wq/grndwtr/uic/ UIConlinereis.html for registration forms and further information. Copies of the registration for drywells, HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 17 which receive public road stormwater runoff, shall be sent to Development Engineering. The City of Spokane Valley NPDES Permit Number is WAR04-6507. 14. A Construction Stormwater Permit shall be obtained from the Department of Ecology, if both of the following conditions apply: a. A 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 b. If there is a possibility that stormwater could run off the site during construction and into surface waters or into conveyance systems leading to surface waters of the state. Construction site operators must apply for a permit 60 days prior to discharging stormwater. More information can be obtained from http://www.ec .wa.u.ov/proams/wq/stormwater/construction. SPOKANE COUNTY ENVIRONMENTAL SERVICES DEPARTMENT: 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. The applicant shall submit expressly to Spokane County Environmental Services Department, 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 developer is required to contact Chris Knudson or Colin Depner at 477-3604 to discuss details of the sewer plans. 3. Sewer plans acceptable to the Spokane County Environmental Services Department shall be submitted prior to the finalization of the project. 4. Security shall be deposited with the Spokane County Environmental Services Department 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 Spokane County Environmental Services Department and in accordance with the Spokane County Sanitary Sewer Ordinance. 5. Security shall be submitted to the Division of Utilities prior to approval of the Sewer Design Plans. SPOKANE REGIONAL HEALTH DISTRICT: 1. The final plat shall be designed substantially as indicated on the preliminary plat of record and/or any attached sheets as noted; subject to conditions of approval. 2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for distribution by the Planning Department to the utility companies, Spokane Valley Engineer, and the Spokane Regional Health District. 3. The sewage disposal method shall be as authorized by the Director of the Spokane County Environmental Services Department. 4. Water service shall be coordinated through the Director of the Spokane County Environmental Services Utilities Department. HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 18 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 public sewer system shall be made available for the lot and individual service shall be provided to each lot prior to sale. The use of individual on-site sewage disposal shall not be authorized. 9. 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." 10. The final plat dedication shall state: "Use of private wells and water systems is prohibited." 11. 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 1 (SPOKANE VALLEY FIRE DEPARTMENT): 1. One(1)new fire hydrant shall be installed at the approximate mid-point of the project 2. Hydrants shall stand plumb. The traffic breakaway flange shall be set at the finished curb/grade elevation with the lowest outlet of the hydrant no less than 18 inches above the curb grade. There shall be a clear area around the hydrant of not less than 36 inches, as measured from outside edge of the barrel or outlet ports,whichever is greater, for clearance of a hydrant wrench on both outlets and the control valve. 3. The fire hydrant shall have a minimum of three (3) outlets, including one 4-1/2 inch inside diameter pumper outlet with Storz and two 2-1/2 inch inside diameter outlets. Threads on all outlets shall be National Standard Thread(NST). 4. The pumper port shall face the street. Where the street cannot be clearly defined or recognized, the port shall face the most likely route of approach and location of the fire apparatus while pumping, as determined by the local fire protection authority. 5. Provide water plan showing location of required hydrant and size of water main. 6. Addresses shall be posted so they are visible from the access road 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 at intersections. AVISTA UTILITIES: 1. The final plat dedication shall state: HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 19 "Easements for utilities as shown on the herein described plat are hereby dedicated for the use of serving utility companies 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. Serving utilities reserve the right to cross the private streets,border easements. C. Prior to or during on-site construction, the applicant or successors in interest shall comply with the following requirements: SPOKANE VALLEY PLANNING DIVISION: 1. Upon any discovery of potential or known archaeological resources at the subject property prior to or during future on-site construction, the developer, contractor, and/or any other parties involved in construction shall immediately cease all on-site construction, shall act to protect the potential or known historical and cultural resources area from outside intrusion, and shall notify, within a maximum period of twenty-four hours from the time of discovery, the City of Spokane Valley Community and Economic Development Department of said discovery. SPOKANE TRIBE OF INDIANS: 1. A Cultural Resource Survey and an Inadvertent Discovery plan shall be prepared prior to any grading or construction activity. The applicant shall coordinate with the Spokane Tribe of Indians to conduct the survey and shall submit the survey,along with verification of the Tribe's acceptance,to the City. SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION: 1. A pre-construction conference with Development Engineering is required prior to the start of construction. The grading permit shall be taken out prior to scheduling the pre-con meeting with proof of the permit issuance provided at the meeting. During this meeting, standards and submittal requirements for the Construction Certification will be given to the project engineer/inspector. 2. For construction affecting public right-of-way, 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 to provide project construction details. See SVSS section 9.7. 3. Permits are required for any access to or work within the right-of-way of the Spokane Valley roadway system. A traffic control plan shall accompany the right-of-way obstruction permit. 4. TESC structures (such as filter fence, silt ponds, silt traps) shall be installed prior to the start of site work and maintained throughout the duration of construction and until the site has stabilized. 5. All survey monuments shall be protected during construction. Any disturbed or damaged monuments shall be replaced prior to certification/final plat and/or release of surety. 6. Construction within the proposed public streets and easements shall be performed under the direct supervision of a licensed Washington State Professional Engineer/Land Surveyor. All work is subject to inspection by the City Senior Development Engineer or by his staff. HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 20 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 according to SVSS Chapter 9. 8. All public improvements shall provide a Performance/Warranty Surety per SVSS Chapter 9. For sureties,the City only accepts Letters of Credit or Cash Savings Assignments. WASHINGTON STATE DEPARTMENT OF ECOLOGY: 1. Proper erosion and sediment control practices shall 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.ecy.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. 2. Any operation which would generate a waste discharge, or have the potential to impact the quality of state waters, must receive specific 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. 3. All new dry wells and other injection wells must be registered with the Underground Injection Control program (UIC) at Department of Ecology prior to use and the discharge from the well(s) must comply with the ground water quality requirement (non-endangerment standard) at the top of the ground water table. Contact the UIC staff at UIC Program, Department of Ecology, P.O. Box 47600,Olympia, WA 98504-7600, (360) 407-6143 or go to lit:tp://www.ecy.wa.ttov/proj,rarnshN q/aurrndwtr/uic/ registration/rcg_info.htniI for registration forms and further information. 4. 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, non-leaking, 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. 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. HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 21 C. Prior to the approval of a final plat, the following requirements shall be met: 1. Right-of-way dedication and border easements shall be designated on the final plat map. 2. Plat language will be determined at the time of final plat submittal. Note: contact Development Engineering after civil plan approval and/or prior to first submittal of final plat to obtain plat language. DATED this 23`d day of January, 2017 SPOKANE VALLEY HEARING EXAMINER 7y),Lif 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), and RCW Chapter 36.70C, the decision of the Hearing Examiner on an application for a preliminary plat is final and conclusive unless within twenty-one (21) calendar days from the date of issuance of the Examiner's decision, a party with standing files a land use petition in Superior Court pursuant to RCW Chapter 36.70C. Pursuant to RCW Chapter 36.70C, the date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed. On January 23, 2017, 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 SVMC 17.80.130(4). The date of issuance of the Hearing Examiner's decision is therefore January 26,2017. THE APPEAL CLOSING DATE FOR THE PRELIMINARY PLAT DECISION IS FEBRUARY 16, 2017. The complete record in this matter is on file during the appeal period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 W. Broadway Avenue, Spokane, Washington, 99260-0245; and may be inspected by contacting Kristine Chase at (509) 477-7490. The file may be inspected during normal working hours, listed as Monday- Friday of each week, except holidays, between the hours of 8:00 a.m. and 4:30 p.m. After the appeal period, the file may be inspected at the City of Spokane Valley Community Development Department-Planning Division, 11707 E. Sprague Avenue, Spokane Valley, WA, 99206; by contacting Marty Palaniuk at (509) 921-1000. Copies of the documents in the record will be made available at the cost set by the City of Spokane Valley. Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. HE Findings, Conclusions and Decision File No. SUB-2016-0003 Page 22