SUB-2016-0001 Paras CITY OF SPOKANE VALLEY HEARING EXAMINER
Preliminary Plat of Ridgemont Estates No. 5, in the )
R-4 Zoning District; )
) FINDINGS OF FACT,
Applicant: George Paras ) CONCLUSIONS OF LAW,
File No. SUB-2016-0001 ) AND DECISION
I. SUMMARY OF DECISION
Hearing Matter: Application for a preliminary plat, in the R-4 zoning district.
Summary of Decision: Approve preliminary plat, subject to revised conditions. The preliminary
plat will expire on December 23, 2021; unless a request for an extension of time is timely
submitted at least 30 days prior to such expiration date.
II. FINDINGS OF FACT
Procedural Matters:
1. The application seeks approval of the preliminary plat of Ridgemont Estates No. 5, to
subdivide approximately 30.28 acres of land into sixty-one (61) lots for single-family dwellings; in
the Single-Family Residential Urban(R-4) zoning district.
2. The site is located at the north terminus of Vera Crest Drive, the north terminus of Stein
Road, and approximately 300 feet southeast of the intersection of Limerick Drive and Shamrock
Street; in Spokane Valley, Washington.
3. The site is currently referenced as County Assessor tax parcel nos. 45244.9005, 45244.9103
and 45244.9104; and is legally described on the preliminary plat map of record.
4. The applicant is George Paras; addressed at 603 N. Havana Street, Spokane, WA 99204.
The site owner is Z.Z.T, LLC; at the same address.
5. On June 2, 2016, the applicant submitted a complete application for the preliminary plat to
the City Community and Economic Development Department("Department").
6. On September 30, 2016, the Department issued a Mitigated Determination of
Nonsignificance (MDNS) for the application; under Chapter 21.20 of the Spokane Valley
Municipal Code (SVMC). The MDNS was not appealed.
7. On October 20, 2016, the Hearing Examiner held a public hearing on the application. The
Examiner conducted a site visit on October 19, 2016.
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 1
8. The Hearing Examiner heard the application pursuant to SVMC Chapters 17.80 (Permit
Processing Procedures), 18.20 (Hearing Examiner), and 20.20 (Preliminary Subdivisions); and the
Hearing Examiner Rules of Procedure, codified in Appendix B of the SVMC.
9. The following persons testified at the public hearing, under an oath administered by the
Hearing Examiner:
Martin Palaniuk George Paras
City Community&Economic Develop. Dept. 603 N. Havana Rd.
11707 E. Sprague Avenue, Suite 106 Spokane, WA 99204
Spokane Valley, WA 99206
Mark Johnson Mark and Sharon Howard
510 E. 3rd Avenue 1505 S. Shamrock St.
Spokane, WA 99202 Veradale, WA 99037
Al Fisher Ron Hormann
1117 S. Steen Ct. 1319 S. Shamrock St.
Veradale, WA 99037 Veradale, WA 99037
Ed Farwell Ralph and Faye Virene
1217 S. Shamrock St. 1706 S. Vera Crest Drive
Veradale, WA 99037 Veradale, WA 99037
Steve Burchette
1101 N. Fancher Rd.
Spokane Valley, WA 99202
10. Exhibits 1-15 consist of attachments to the Staff Report prepared by the Department, which is
located in the application file. Exhibit 16 is a PowerPoint presentation of the Staff Report and
Recommendations to the Hearing Examiner in File No. SUB-2016-0001, submitted by Martin
Palaniuk of the Department.
11. The Hearing Examiner takes notice of the City Comprehensive Plan, the SVMC, and the
Spokane County Standards for Road and Sewer Construction adopted by the SVMC; other
applicable development regulations; and prior land use decisions for the site and neighboring land.
12. The record includes the electronic recording of the public hearing by Hearing Examiner staff;
the Staff Report(including Exhibits 1-15) and the other documents contained in the application file
at the time of the hearing; Exhibit 16; and the items taken notice of by the Examiner.
Description of Site:
13. The site is approximately 30.28 acres in size, roughly horseshoe-shaped, and undeveloped.
The property is situated on the downhill side of a large plateau that overlooks the floor of the
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 2
Spokane Valley area. The plateau slopes down moderately overall to the north, over an elevation
change of approximately 175 feet. The topography of the site ranges from hilly to steep.
14. The site is wooded with native evergreen trees, shrubs and grasses; has some exposed areas
in its east portion; has an old clay pit in the north end of the west portion, with excavated slopes
that approach 80%; and contains a drainage channel that curves down northeasterly from the
southwest end of the site to the clay pit.
15. The east portion of the site generally has irregular, gently sloping topography. The northeast
corner, south-central portion, and west portion of the site have slopes in excess of 30%.
16. The northwest corner of the site consists of an irregular basalt bluff that drops down, nearly
vertically in some places, to the residential areas lying below to the west and northwest; and has an
average natural slope in excess of 50%. See p. 6 of environmental checklist, preliminary plat map,
and p. 2-3 of Results of Preliminary Geo-Hazard Evaluation prepared by Budinger & Associates,
Inc. on 5-31-16 ("Geo-Hazard Evaluation").
Description of Preliminary Plat:
17. The preliminary plat map illustrates or describes the following pertinent features regarding
the preliminary plat:
a. A total of 61 single-family lots ranging from 8,684 square feet to 47,126 square feet in size;with
an average lot size of approximately 15,435 square feet, and a gross density of approximately 2.0
dwelling units per acre. The preliminary plat map, and the Staff Report submitted by the
Department, incorrectly list the largest lot in the project as 43,836 square feet.
b. Lot frontages that generally exceed 80 feet, and lot depths that exceed 116 feet.
c. Tract A, an open space tract of 4.94 acres, located in the northwest portion of the preliminary plat;
which contains the clay pit on the site, and an extensive 3-part proposed sewer easement.
d. A public road extension of Vera Crest Court, along the southeast edge of the west portion of the
site; which terminates in a cul-de-sac at the northeast end, and provides frontage for Tract A and the
9 lots proposed in the west portion of the project.
e. A private road system that branches north and south through the east portion of the site; connects
to the north side of the cul-de-sac, at the end of proposed Vera Crest Court; and has proposed gates
where it connects to the cul-de-sac, and where it connects to Steen Road along the south boundary of
the east portion of the site.
f. The topography of the site in 1-foot contours.
g. The westerly extension of an existing water line and utility easement from the parcel improved
with a water tower that borders the site on the east, along the south edge of the west portion of the
site and continuing offsite to the west.
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h. The easterly extension of an existing water line and associated easement from the water tower
parcel into the east portion of the site for approximately 500 feet, and the southerly extension of the
water line and easement from such point through the site to Steen Road.
i. The northerly extension of an existing storm line from Vera Crest Drive into the west portion of the
site, for a distance of over 300 feet along the east edge of the west portion of the site; and an
extension of the storm line to the south in Vera Crest Drive from the site, for a distance of
approximately 100 feet. See preliminary plat map.
j. The northerly extension of a 60-foot wide utility easement from the northwest corner of the site,
offsite, to the intersection of Steen Court and 12th Avenue; and an existing stormwater pond in the
easement adjacent to such intersection.
18. The environmental checklist submitted for the project advises that a majority of the
stormwater generated in the project would be collected and piped offsite to the southwest, via
easements, to an existing 10-acre drainage pond, containing drywells, that lies south of 16th
Avenue.
19. The environmental checklist indicates that a small portion of the northeast corner of the
project, that is lower in topography on the site, would pipe collected stormwater to a drainage pond
facility of approximately one (1) acre that will be constructed on Tract A of the preliminary plat;
before discharge into drywells located offsite in an existing easement (i.e. the 60-foot utility
easement that extends north of the northwest corner of the site).
20. The checklist advises that substantial grading would be required on the site to install roads,
retaining walls, building sites and utilities; including moving 30,000 to 40,000 cubic yards of
earthwork on the site.
21. An easement for vehicular access, in favor of the current site owner, extends easterly from
Steen Court to the north end of the site, and continues across the north end of the site. A similar
access easement, in favor of Evangelical Lutheran Good Samaritan Society ("Good Samaritan"),
the owner of the land lying both north and east of the site, lies directly north of the site owner's
easement, and extends across the north edge of the site to Good Samaritan's property lying to the
east. The applicant would like to vacate both easements for the project. See testimony of George
Paras.
Land Use Designations for Site and Area. Surrounding Conditions:
22. The site, and neighboring land lying within the city limits, are designated in the Low Density
Residential category of the Comprehensive Plan.
23. The land lying south and southeast of the east portion of the site is located in the
unincorporated area of the county, designated in the County Urban Growth Area (UGA), zoned
Low Density Residential (LDR) by the County, and consists of urban residential subdivisions in
the Ridgemont Estates No. 3 plat and the Morningside/Morningside Heights related plats.
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24. The final plat of Northwest Vistas, lying directly southeast of the site in the unincorporated
area of the county, was recently platted and is being developed with single-family dwellings at
urban densities.
25. The land lying north, northeast and east of the east portion of the site, for some distance, is
zoned R-4,vacant, and owned by the Good Samaritan Society.
26. The 6.46-acre parcel surrounded by the site on three (3) sides is owned by Vera Water &
Power, a local water district; zoned R-4; and improved with a large water tower, booster station,
and water facilities that serve the area.
27. The land lying west and north of the west portion of the site is zoned Single-Family
Residential Estate (R-1), and developed with single-family dwellings on lots that exceed one (1)
acre in size; in Rotchford Acre Tracts and the Shelley Acres Addition. Further to the northwest,
the land is zoned R-4 or Single-Family Residential (R-3), and is developed with the Shelley Lake
urban residential subdivisions.
28. The land lying south and southwest of the westerly portion of the site, and the adjoining
water district parcel, is zoned Single-Family Residential Suburban (R-2), and generally consists of
single-family dwellings on lots ranging from .5 to 1.0 acres in size, in the Ridgemont Estates plats;
with certain exceptions, as noted below.
29. The 2-acre, triangular-shaped parcel of land lying directly southwest of the site is zoned R-4,
improved with a single-family dwelling in the west end, and is part of a consolidated ownership in
Carl and Wendy Ostrom that includes the adjoining 1.6-acre lot to the north.
30. The 10.7-acre parcel of land that lies directly southwest of the Ostrom property is owned by
Vera Water & Power, and consists of a pond with drywells that serves as a "regional" drainage
facility for the surrounding residential plats.
31. A utility easement extends to the west from the south edge of the westerly portion of the site,
through the south ends of Lot 7, Block 8 (owned by Mark and Sharon Howard) and Lot 8, Block 8
(owned by Carl and Wendi Ostrom) of Rotchford Acre Tracts, to the intersection of Shamrock
Street and 16th Avenue; and adjacent to the northeast corner of the 10.7-acre parcel, where it abuts
16th Avenue. A perforated "sprinkler pipe" in the easement apparently allows some water to be
discharged to the Howard and Ostrom properties. See testimony of Mark Johnson (stormwater
engineer for applicant), George Paras, and Mark and Sharon Howard; and letter from Carl and
Wendi Ostrom to City Planning Division.
32. A minor drainage extends northerly east of, and below, the site, coming within approximately
50 feet of the east border of the site; passes northwesterly through the northeast corner of the site;
and turns westerly before terminating a few hundred feet north of the middle of the site. See dotted
blue lines on Figure 1, and p. 4, of Geo-Hazard Evaluation.
33. A minor drainage is located a few hundred feet south of the west portion of the site and the
water district parcel. The drainage appears to extend northwesterly along the south edge of the
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 5
southerly Ostrom parcel, and the east border of the 10.7-acre parcel owned by Vera Water &
Power, to the curving intersection of Shamrock Street and 16th Avenue; just east of the northeast
corner of the regional pond. See above citations.
34. The City Arterial Street Plan designates Rotchford Drive, and 16th and 24th Avenues east of
Sullivan Road, as Proposed Collectors; Sullivan Road, Barker Road and Sprague Avenue as
Principal Arterials; and 24th Avenue,west of Sullivan, as a Collector Arterial.
Critical Areas designated on Site and Nei;hborim Land:
35. The City DNR Streams and Wetlands map designates a DNR Type N (Non-Fish Habitat)
stream meandering northwesterly east of the site, commencing approximately 250 feet east of the
southwest corner of the site, and meandering to within approximately 50 feet east of the site;
before bisecting the northwest corner of the site, and curving northwesterly to a point lying
approximately 200 feet north of the site, at the north end of Courtney Lane. The water body
corresponds to one of the "minor drainages" described in Geo-Hazard Evaluation, described above;
and is referenced on page 8 of the environmental checklist.
36. The City DNR Streams and Wetlands map shows a DNR Type U (Unclassified) stream
extending northwesterly from the northerly terminus of the DNR Type N stream referenced above,
and then northerly to a large wetland illustrated on the map that lies along the south side of Shelley
Lake. See map in Comprehensive Plan and on Department website, and p. 8 and 12 of
environmental checklist.
37. The City Fish & Wildlife/Priority Habitats map shows Urban Natural Open Space priority
wildlife habitat along Saltese Creek and around Shelley Lake in the area, at a closest distance of
approximately one-fourth (1/4) mile north of the site. The City DNR Streams and Wetlands map
designates Saltese Creek as a DNR Type F (Fish Habitat) stream. See map in Comprehensive Plan
and on Department website.
38. The City Geohazards map shows a Latah geo-hazard on most of the west portion of the site;
and show an erodible soils geo-hazard on significant parts of the west portion of the site, along the
east edge of the site, and adjacent to the site in various directions. See City Geohazards map in
Comprehensive Plan and on Department website.
39. The City's Spokane Rathdrum Prairie Aquifer map designates the site, and the surrounding
Spokane Valley area, in a critical aquifer recharge area (CARA) of high susceptibility to
groundwater contamination. See map in Comprehensive Plan and on Department website.
Public Comments submitted rewarding Prelimina: Plat:
40. Several neighboring property owners expressed concerns and/or opposition to the project,
including concerns regarding the past diversion and displacement of groundwater or stormwater
resulting in erosion and drainage impacts to downhill properties, erosion and landslide issues
associated with the clay pit on the site and the clay layer on adjoining properties, the potential
removal of timber along the west edge of the site and adjoining lots to create view lots, past and
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 6
potential future damage to nearby residences and structures from blasting, impacts on wildlife, past
drainage problems caused to the Ostrom property along Shamrock Street from an uphill
development (Ridgemont Estates No. 2) constructed by George Paras (applicant), the alleged
failure of Paras to responsibly address such drainage problems and lack of oversight by City and
County departments in addressing the drainage problems, the poor condition of the road surface on
Vera Crest Drive southwest of the site and traffic impacts from the project on such roadway, proper
installation of public sewer facilities, creation of an ATV/dirt bike nuisance in the open areas on
Tract A and local streets, impacts on school capacity, and other concerns.
Consistency of Preliminary Plat with Approval Criteria:
41. The Low Density Residential category of the Comprehensive Plan provides for a range of
single-family residential densities from 1-6 dwelling units per acre; and is implemented by the R-1,
R-2, R-3 and R-4 zoning districts of the SVMC.
42. The Staff Report submitted by the Department sets forth relevant policies of the
Comprehensive Plan for the application, and found the application to substantially conform to such
policies. Additional relevant policies include the following:
(a) Policy TP-1.1 recommends that street design provide for connectivity between residential
neighborhoods and collectors, and that through traffic be discouraged.
(b)Policy TP-2.1 recommends that street design should complement adjacent development.
(c) Policy TP-4.1 recommends that high-speed traffic be restricted from residential neighborhoods
and utilize traffic calming strategies to reduce vehicle speeds where appropriate.
(d) Policy TP-8.1 recommends that the City's transportation system be used to support desired land
uses and development patterns.
(e) TP-11.1 recommends that street standards, land uses, densities and building placement support
the facilities and services needed along transit routes to make transit viable.
(f) Policy LUP-16.1 encourages new developments to be arranged in a pattern of connecting streets
and blocks to allow people to safely get around easily by foot,bicycle,bus or car.
43. SVMC 19.40.040 describes the R-4 zoning district as low density residential development
that is intended to preserve the character of existing development, subject to compliance with the
dimensional standards of SVMC Chapter 19.40 established for such zoning district.
44. The R-3 zoning district requires a minimum lot size of 6,000 square feet, a minimum lot width
of 50 feet, a minimum lot depth of 80 feet, front/flanking yards of 15 feet, a minimum garage
setback and minimum rear yard setbacks of 20 feet, a side yard setback of five (5) feet, and a
minimum height of 35 feet; for the development of single-family dwellings. Setbacks located
adjacent to a private driveway easement must be established from the inner edge of the driveway.
See Table 19.40-1 of SVMC 19.40.020.
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45. As stated in the Staff Report on page 4, the preliminary plat complies with, or will be
required to comply with(i.e. minimum setbacks and heights), such lot standards.
46. SVMC 20.20.090.B.3.c prohibits a lot from having an average depth greater than three (3)
times its average width. Lots 7-9, Block 1 of the preliminary plat do not comply with such
standard. Spokane Valley Planning Division condition #3 recommended for the project, set forth
on page 14 of the Staff Report, requires the approval of an administrative exception under the
SVMC to allow such deviations. The Staff Report, on page 3, indicates that such approval is
likely, based on the steep slopes on such lots that limit development of the northwest ends of such
lots. See contours on preliminary plat map.
47. The City Road Standards, and the County Road Standards that are incorporated by reference
in the City Road Standards, authorize the City Engineer or the County Engineer to require a traffic
impact analysis (TIA) when it is determined that an existing route with a history of traffic accidents
will be further impacted by an increase in traffic from the proposal; the project would adversely
impact public roadway traffic circulation or access; or the project will generate enough peak hour
trips to lower or aggravate the minimum acceptable level of service (LOS). See Section 1.30 of
County Road Standards.
48. The applicant submitted a TIA prepared by Whipple Consulting Engineers, Inc. on July 21,
2016, under the direction of Todd Whipple, a registered professional engineer in the state of
Washington. The trip distribution in the analysis indicates that approximately 70%of the PM peak
hour trips generated by the project would go to or from the west, via Vera Crest Drive, to the
intersection of Sullivan Road and 24th Avenue; and 30% of the trips generated by the project would
go to or from the east, via Steen Road, 17th Court and Morningside Heights Drive, to the
intersection of Chapman Road and Barker Road.
49. The TIA found that the project would not cause any level of service (LOS) service issues at
area intersections, or exceed transportation concurrency requirements; but did not address the
impacts of the project at the intersection of Barker Road/Sprague Avenue, from project traffic
traveling along Barker Road between such intersection and the intersection of Chapman
Road/Barker.
50. Sean Messner, Senior Traffic Engineer for the City, identified project traffic impacts at the
intersection of Sprague Avenue/Barker Road; a traffic stressed intersection that the City is planning
to improve in the near future, with monies that the City has been collecting over the years from
numerous developments in the area that have impacted or will impact the intersection at project
buildout, respectively.
51. The City, pursuant to the issuance of a MDNS under the SEPA provisions of the SVMC,
signed by the applicant, requested the applicant to contribute a mitigation fee of$6,579 to the City
through a voluntary agreement, to mitigate impacts at the intersection of Sprague Avenue/Barker
Road. The fee is based on an estimate of 18 PM peak hour trips of project traffic that are expected
to impact the intersection, and a mitigation trip rate fee of$365.50 per PM peak hour trip.
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 8
52. The City certified transportation concurrency for the project under the SVMC, subject to the
conditions of approval recommended by County Engineering. See letter dated 8-4-16 from Sean
Messner of City Engineering to Todd Whipple, memorandum from Chad Riggs of City
Engineering to Marty Palaniuk; City Engineering condition of approval #9 on p. 16 of Staff
Report; SVMC Chapter 22.20, 22.130.020 and SVMC 22.130.040; and Spokane County Standards
for Road and Sewer Construction, adopted by the City.
53. The City Engineering conditions of approval recommended for the project require the
applicant to improve Vera Crest Drive in the project to a local access public street standard,
including curb and sidewalk; and to install a public cul-de-sac at the terminus of the public street,
where there is also a connection to the private street system in the project.
54. City Engineering properly found the project to be consistent with the street connectivity
requirements in the SVMC, and an allowance for private streets; based on the steep topography on
the site, and the lack of connecting streets on adjacent land.
55. City Engineering conditions for the project require the applicant to apply for and obtain a
design deviation under the City's road standards; to allow more than nine (9) lots to connect to a
private road, and to allow private road connections to the public streets of Vera Crest Drive and
Steen Road. See p. 16 of Staff Report.
56. The TIA, on page 10, noted that existing sidewalks are found on both sides of Sullivan Road,
the north side of the westbound approach of 24th Avenue to Sullivan; along Steen Road between
the site and a distance of 240 feet south of 20th Court to the south; along 17th Court, on the south
and east side of Morningside Heights Drive; along Chapman Road until 920 feet north of Apollo
Road; and on the west side of Barker Rod. Vera Crest Drive south of the site lacks sidewalks, but
will have sidewalks where extended in the project.
57. City Engineering, and the TIA, did not identify a need to improve the surface of Vera Crest
Drive south of the site; as requested by neighboring property owners based on the condition of the
asphalt. The City Transportation Improvement Plan, and the City's Pavement Preservation Plan,
do not include improvements to such road as a future project. The Staff Report advised, on page
11, that the City is aware of issues regarding Vera Crest Drive, and is pursuing public funding to
address roadway concerns.
58. Spokane County Fire District 1 ("Spokane Valley Fire Department") submitted detailed
conditions of approval for the project on October 13, 2016; which address the provision of fire
hydrants, fire access, grade requirements, turnarounds, gates, and other items for the project.
59. Neighboring property owners did not submit competent traffic engineering evidence to rebut
the expert traffic engineering recommendations by City Engineering and the TIA regarding the
project, including the lack of mitigation requested for Vera Crest Drive south of the site.
60. The project will be served with public sewer and water. County Utilities, Vera Water &
Power, and Fire District 1 respectively certified that the preliminary plat meets the public sewer
and public water concurrency requirements set forth in the SVMC. Public sewer will be extended
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 9
north from the northwest corner of the site, in the existing 60-foot wide utility easement, to an
existing sewer line located at the intersection of Steen Court and 12th Avenue. See concurrency
certifications of availability in preliminary plat application, separate certifications on 5-24-16,
conditions of approval recommended by Spokane Regional Health District on 7-8-16, and
conditions of approval recommended by Spokane County Utilities on 10-10-16.
61. The Department notified Central Valley School District#356 of the application and the DNS
issued for the project, but the school district did not submit any comments. Since the district did
not respond with timely written comments, the Department may assume that the district has no
significant concerns with the potential impact of the project on its facilities. The lack of timely
comment by the district may also be construed as a lack of objection to the DNS issued by the
Department. See WAC 197-11-545.
62. There is no competent evidence in the record that the project will have any significant
adverse impact on school capacity. The SVMC does not require direct concurrency for schools or
parks, and provides no mechanism or basis for the imposition of impact fees on new development,
including the current project, to mitigate impacts on such facilities. Accordingly, the preliminary
plat makes appropriate provisions for parks and schools. See SVMC Chapter 22.20.
63. The preliminary plat map does not illustrate the existing access easements that extend across
the north end of the site, the natural wooded areas on the site, the location of the erodible soils and
Latah formation geo-hazards on the site, or the DNR Type N stream that bisects the northeast
corner of the site; which aspects of the site are required to be illustrated on the preliminary plat,
under SVMC 20.30.020.B (10-11).
64. The Geo-Hazard Evaluation, which was prepared for the project by Stephen Burchett, a
geotechnical engineer for Budinger & Associates, Inc., identified the Latah formation and erodible
soils geo-hazards that are illustrated on the site by City Critical Area maps; and the slopes of 30%
or greater ("steep slopes") geo-hazard that is present in numerous areas on the site, as shown on the
preliminary plat map.
65. The Geo-Hazard Evaluation described the historic and physical geologic setting of the site
and area in great detail. This includes two (2) basalt layers, and Latah formation sediment lying
between the basalt layers, on the site; basalt rock mapped at the base of the slope west of the site,
and visible as rock outcrop 100-200 feet below the site; the Latah formation in the clay pit in the
north end of the site; the Latah formation covered with flood deposits and talus (rocky debris) on
the slope to the west; and a mantle of flood deposits that cover the gentle slopes lying south and
east of the site.
66. The Geo-Hazard Evaluation noted that test pits excavated in the northeast portion of the
northwest slope of the site (in Tract A of the preliminary plat) encountered Latah formation
deposits; the deposits were loose and unconsolidated in their upper horizon, but were undisturbed
at depth; and there was no recent or historic evidence of landslide activity on the site that would
constitute a separate geo-hazard.
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 10
67. The Geo-Hazard Evaluation considered a previous version of the project that did not include
the extension of Vera Crest Drive as a public road, showed an overall wider area for Tract A, and
had different lot numbers for some of the lots in the project; and made reference to a"Tract B" and
"19t Court" that are not shown in the previous project design or on neighboring land. The
evaluation nevertheless appears valid for the project.
68. Figure 2 (Soils Map) and Figure 3 (Geologic Hazards map) attached to the Geo-Hazard
Evaluation show the location of the Latch formation (LaB and LaD) soils on land corresponding to
the southeast ends of Lots 8-9, Block 1, and adjoining portions of Vera Crest Drive, in the west
portion of the project; and on significant portions of Lots 14-22, Block 3 of the preliminary plat.
69. Figures 2-3 of the Geo-Hazard Evaluation show slopes of 30% or greater on easterly portions
of Lots 1-2, and northeasterly portions of Lots 5-9, of Block 1; significant portions of Tract A; Lots
14-15 and 17-21 of Block 2; and westerly portions of Lots 4, 7 and 11 of Block 3 of the
preliminary plat.
70. Figures 2-3 of the Geo-Hazard Evaluation show the location of the "erodible soil" types
(BaB, BkC, BkD, LaD, SzE and UhB) that affect significant portions of the site. The Geo-Hazard
Evaluation advised that the soils lying on the steeper portions of the western slope of the site are
identified as presenting a "severe" erosion hazard, while the soil types mapped on the gently
sloping area to the east on the site are not; generally indicating that it is primarily the function of
the slope that drives the erosion process, regardless of soil type.
71. The Geo-Hazard Evaluation found that the completed development should not present an
erosion hazard, considering that the steeper slopes on the site are not anticipated to be developed;
most of the lots with steep slopes have sufficient area above the slopes for residential development,
using ordinary construction methods; current landscaping practices and conditions observed in
"severe hazard" soils on land developed around the site do not exhibit obvious uncontrollable
erosion problems; current conditions on the site do not suggest that significant erosion is currently
occurring or is likely, the vegetation is well established, and gullies, washouts and other significant
erosion problems were not observed; and the greatest potential risk is from erosion during and
following the construction of roadways and homes,
72. The Geo-Hazard Evaluation recommended specific geotechnical evaluation and engineering
for development that impacts the steeper areas of the site, and where construction of roads or other
improvements will create slopes greater than 30%. The report found that such development may
be accomplished without adversely impacting adjacent and/or downhill properties, and that the
remainder of the project does not require extraordinary engineering or construction measures due
to the natural topography.
73. The Geo-Hazard Evaluation also addressed hydrologic considerations for site development.
The report found that groundwater is likely present 150-200 feet deep within the underlying basalt,
and is not likely to impact the project; shallow groundwater may be expected to seasonally perch
upon the Latah formation and in isolated basins on the upper basalt surface; soils and vegetation on
the western slope indicate wetter soil conditions where the slope intersects the Latah formation,
and the remainder of the site appears to be relatively well-drained and supports sparse semi-arid
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 11
vegetation; stormwater is expected to rapidly run off the steeper slopes during significant events,
and generally flow east and north from the northeast property corner; the minor drainages in the
vicinity of the site are expected to carry stormwater runoff for relatively short periods of time
following large storm events, should not be considered seasonal/intermittent streams or creeks, and
do not represent a significant risk of stream bank erosion or other hydraulic geo-hazard in their
current condition; and appropriate stormwater management during and following construction can
mitigate potential impacts from development.
74. The Geo-Hazard Evaluation concluded, overall, that most of the site may be developed in an
ordinary manner, consistent with current building practices; portions of some lots that lie on
steeper slopes should not be developed without specific geotechnical engineering evaluation and
design to mitigate potential impacts from construction and to accommodate the specific soil
conditions on each lot; large portions of the western hillside that the site is located on, and
surrounding area, have been developed in similar soil, geologic and hydraulic conditions; and the
associated risks of such may be mitigated for the project through appropriate engineering design.
75. The Geo-Hazard Evaluation recommended, on an overall basis, that specific geo-hazard
mitigation plans be developed for the design of structures, retaining walls and site disturbance on
the steeper portions of the subdivisions, including lots corresponding to Lots 5-9 of Block 1, Lots
21-22 of Block 2, and Lots 4, 7 and 11 of Block 3 of the preliminary plat; geotechnical evaluation
and engineering where construction of roads or other improvements will create slopes steeper than
30%; the analysis include local and global slope stability, engineering design of cuts and fills,
management of stormwater runoff, and effective erosion control; management of the runoff from
the western hillside to reduce the potential for adverse impacts; leaving slopes undisturbed to the
extent practical; and the implementation of erosion control plans be implemented during
development and disturbance of the site. See p. 5 and Figures 2-3 of report.
76. City Engineering condition #8, set forth on page 16 of the Staff Report, generally requires
compliance with the overall recommendations set forth on page 5 of the Geo-Hazard Evaluation;
but falls short of both the report and SVMC 21.40.050.B(1) in not requiring a geo-hazard
mitigation plan (instead of a geo-hazard evaluation) prepared by a qualified geo-technical engineer
for the design of structures, retaining walls and site disturbance on the "steeper"portions of the site
at the time of building permit application or construction approvals. Further, the trigger for such
plans should be slopes equal to or greater than 30%, not simply "greater than 30%", consistent
with the geo-hazard type of slopes equal to or greater than 30%. It should also be made clear that
"site disturbance" includes tree removal on slopes of 30% or greater. The condition should be
revised to remedy such shortcomings.
77. The Geo-Hazard Evaluation adequately documents the extent and nature of the geo-hazards
on the site, assesses the geo-hazards associated with the project, provides mitigating measures for
such geo-hazards, and requires a geo-hazard mitigation plan at the time of building permit
application or construction approvals; as required by SVMC 21.40.050.B.
78. The report prepared by Budinger& Associates, Inc. on June 21, 2010 in the file sets forth the
results of a limited hydrogeologic exploration and analysis for the project, and was jointly prepared
by a geologist and a geotechnical engineer. The report found that stormwater may not infiltrate
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 12
onsite; although the soils in the basins on the site may be permeable enough to allow infiltration at
relatively low rates, hold surface water during periods of substantial precipitation, and provide
treatment, using drywells and detention/retention facilities. The report also found that the soils at
the bottom of the hill (i.e. on the Valley floor), in the 60-foot wide utility easement that extends
north of the site, appear to be reasonably permeable and suitable for high capacity drywells; and
recommended that stormwater collected on the site be discharged to the soils in such easement.
79. The conceptual stormwater plan accepted by City Engineering for the project generally
follows the results set forth in the June 21, 2010 report prepared by Budinger&Associates, Inc.; in
providing for collection of 20% of the stormwater generated by the project, in a small part of the
northeast portion of the project, collecting and storing the stormwater in a 1-acre pond in Tract A
of the project, and then conveying the remaining 80% of the stormwater offsite to the existing
stormwater pond in the offsite easement that contains good soils and drywells for infiltration, and
swales for treatment.
80. The applicant entered into an agreement with Vera Water& Power water district that requires
the applicant to extend Vera Crest Drive in the project; and requires Vera to construct a 20-inch
pipe in the utility easement that extends westerly from Vera's water tower parcel, and through the
southwest end of the site and the Howard and Ostrom properties, to 16th Avenue and the regional
pond located on Vera's 10.7-acre parcel to the southwest. See testimony of George Paras.
81. The 20-inch pipe will be used to convey overflow water from Vera's water tower and booster
station located next to the site, during emergencies; and to convey up to 80% of the drainage
collected onsite from the impervious surfaces in the project and on nearby properties to the south,
to Vera's pond to the southwest. The perforated pipe that is currently located in the easement, and
that contributes undesired drainage to the Ostrom property, will be removed. The stormwater plan
will also eliminate the risk of drainage collected from the site in the existing pond located in the
utility easement lying between the site and the intersection of Steen Court and 12th Avenue
overflowing the pond during large storm events, and flowing down Shamrock Street and flooding
adjoining residential lots. See letter from Carl and Wendi Ostrom.
82. The 20-inch pipe planned to be installed by Vera Water & Power is much larger than needed
to accommodate the drainage from the project, and the chances of a large design storm occurring at
the same time as a water emergency in Vera's water facilities is considered very unlikely. See
testimony of George Paras, and expert testimonies of Mark Johnson and Steve Burchett.
83. The minor drainage located south of the site that was identified in the Geo-Hazard Evaluation
may be contributing water to the southerly Ostrom parcel; since the Geo-Hazard Evaluation
appears to show such drainage extending northwesterly along the south edge of such parcel, before
it reaches the intersection of Shamrock Street and 16th Avenue. Such drainage is not the
responsibility of the project.
84. The record indicates that the drainage provisions for the project are likely to substantially
mitigate the existing drainage problems from development on and near the site.
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 13
85. The City Engineering conditions of approval for the project require the applicant to submit
engineered drainage plans and calculations that comply with the Spokane Regional Stormwater
Manual, the City's street standards and pertinent SVMC code sections; requires all stormwater
facilities to be designed in accordance with the Spokane Regional Stormwater Manual; the
establishment of a homeowner's association for the perpetual operation and maintenance of the
private streets in the project and associated facilities including stormwater systems; and temporary
erosion and sedimentation control structures to be installed prior to side work, and to be
maintained throughout the duration of construction and until the site stabilizes. This assures the
appropriate management of drainage on the site, and the treatment of stormwater required in a
CARA of high susceptibility to groundwater contamination.
86. A condition of approval should be added that requires the final plat to indicate the lots, or
portions of lots, that are affected by slopes equal to or exceeding 30%; a known geo-hazard for site
development.
87. The applicant should be required to retain a qualified wildlife biologist to type the DNR Type
N stream that extends northerly along and outside the east border of the site, and bisects the
northeast corner of the site after it turns to the northwest; except where a specialist from the State
Department of Natural Resources (DNR) physically inspects the stream and determines that the
stream, or parts thereof, lacks a defined channel, or where the site is far enough away from the
stream channel that it is not affected by the stream or the 30-50 foot wide riparian management
zone (RMZ) that may be prescribed for the stream as a DNR Type Np or DNR Type Ns stream
under SVMC 21.40.030, and Tables 21.40-9 and 21.40-10 therein.
88. If it is determined that the site is impacted by the DNR Type N stream or its associated RMZ,
these features should be illustrated on the face of the final plat, and the final plat should limit
development within the stream and its RMZ as specified in SVMC 21.40.030.D-J.
89. The site is not located near any other designate priority wildlife habitat areas,the WDFW did
not respond to the notice of the application or the MDNS issued for the project, and competent
evidence was not submitted by a wildlife biologist in the record to establish that the site contains
priority wildlife habitat or would have a significant adverse impact on a priority wildlife habitat or
species. There is no basis in the record to require the preparation of a habitat management plan for
the project under SVMC, unless an adjustment of the RMZ for the DNR Type N stream is
requested under SVMC 21.40.040.
90. The record indicates that past blasting activities associated with the construction of Vera's
water line through the east portion of the site, and possibly blasting associated with construction in
the Ridgemont Estates plats to the south, damaged some improvements on nearby properties; and
neighbors were not notified in advance regarding the proposed blasting. See testimonies of Al
Fisher, Sharon Howard and George Paras.
91. George Paras for the applicant testified that blasting would likely only be needed in the
central part of the east portion of the site where considerable rock is present, excluding the lower
30% and the north end of the east portion of the project; the lots in the east portion are "single-
loaded" lots, where the lots will only have access along one (1) private road, which minimizes the
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 14
amount of ground disturbed to develop a home and avoids steep grades and the need for retaining
walls on a lot; the blasting would likely occur all at the same time; he plans to get the best blasting
contractor he can find to perform blasting for the project; and blasting contractors are bonded, and
typically takes photos before and after blasting activities to ascertain any damage caused by
blasting.
92. The applicant should be required to give reasonable notice to nearby property owners, at least
one (1)week in advance, before any blasting activities are conducted on the site.
93. George Paras testified that the project would be a gated community, the homes would of a
rancher style less than two (2) stories tall, he does not plan to develop the lots along the west edge
of the project or remove the trees in in the west end of such lots to create views, he plans to leave
as many trees on the site as possible in developing the project, and home will not be constructed on
the steep slopes on the property.
94. The applicant should be required to make reasonable efforts to ensure that Tract A in the
project is not used by dirt bikes or ATV vehicles to create a noise nuisance to neighboring property
owners, including applicable provisions in the covenants that prohibit the creation of such
nuisance.
95. Public agencies did not object to the project, or the environmental impact generated by the
proposal. The conditions of approval requested by such agencies are recommended as conditions
of approval in the Staff Report.
96. The record indicates that the environmental impacts of the project were given sufficient
consideration by the applicant and the Department, and the project will not have a significant
probable adverse impact on the environment. The DNS issued for the project was not appealed.
The procedural requirements of the State Environmental Policy Act and SVMC Title 21
(Environmental Controls) have been met.
97. As set forth in the Staff Report, and as supplemented by the above findings, the preliminary
plat (and dedication) is consistent with the Comprehensive Plan; will serve the public use and
interest; makes appropriate provision for the public health, safety and general welfare; and makes
appropriate provisions for the facilities, services and factors set forth in RCW 58.17.110 and
SVMC 20.20.100. This includes, without limitation, open spaces, streets, drainage ways, schools
and school grounds, playgrounds, parks and recreation, sidewalks and other planning features for
children who only walk to and from school, noise and dust emissions, sanitary wastes and sewer,
public potable water supplies, easements, utilities, critical areas, and all other relevant facts as
specified in RCW 58.17.110 and SVMC 20.20.100.
98. As set forth in the Staff Report, the preliminary plat complies with the zoning standards of
the R-3 district, and complies with all applicable development standards and the requirements set
forth in the SVMC.
99. Minor changes are needed to the wording of conditions of approval for clarity and format
purposes.
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 15
Based on the above findings of fact, the Hearing Examiner enters the following:
CONCLUSIONS OF LAW
1. Any finding of fact above that is a conclusion of law is deemed a conclusion of law.
2. The approval of the preliminary plat application, as conditioned, is appropriate under SVMC
Title 20 (Subdivision Regulations) and SVMC Chapter 18.20 (Hearing Examiner), and RCW
Chapter 58.17.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the application for a
preliminary plat is hereby approved, subject to the revised conditions of the various agencies
specified below.
Any conditions of approval of public agencies that have been added or significantly altered
by the Hearing Examiner are italicized.
This approval does not waive the applicant's obligation to comply with all other requirements
of other public agencies with jurisdiction over land development.
Conditions of Al)i roval:
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 followinu 4.leneral conditions appl% to the preliminan. plat approval.
SPOKANE VALLEY PLANNING DIVISION:
1. The approved preliminary plat shall have a maximum of sixty-one (61) lots for single-family
dwellings. Any proposed increase in the number of lots or dwellings, and any alteration to the
preliminary plat map or conditions of approval that would constitute a change of conditions, shall
require the submittal of a change of conditions application and the review and approval of such
application by the Hearing Examiner after a public hearing; pursuant to SVMC 20.50
(Preliminary Plat, Short Plat, and Binding Site Plan Alterations).
2. Pursuant to SVMC 20.30.060 (Extensions of Time) an application form and supporting data
for time extension requests must be submitted to the Director at least thirty (30) calendar days prior
to the expiration of the preliminary plat approval.
3. Pursuant to SVMC 20.20.050 (Prohibition against sale, lease or transfer of property) any sale,
lease, or transfer of any lot or parcel created pursuant to the SVMC that does not conform to the
requirements of the preliminary plat approval or that occurs without approval, shall be considered a
violation of chapter 58.17 RCW, and shall be restrained by injunctive action and shall be illegal, as
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 16
provided in Chapter 58.17 RCW. Each sale, lease, or transfer of each separate lot or parcel of land
in violation of any provision of this ordinance shall be deemed a separate and distinct offense.
4. SVMC 20.20.080 (Professional Land Surveyor) requires the preparation of all preliminary
and final subdivisions be made by or under the supervision of a professional land surveyor. The
professional land surveyor shall certify on the final plat that it is a true and correct representation of
the lands actually surveyed. A survey is required for all final plats. All surveys shall comply with
the, Survey Recording Act (RCW Chapter 58.09) and Survey and Land Descriptions (WAC 332-
130.
5. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), 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 preliminary plat
is December 23. 2021. If a request for an extension of time is not submitted at least 30 days prior
to the date of expiration of the preliminary plat, and approved by the Department, the preliminary
approval expires and the preliminary plat is null and void.
6. Pursuant to SVMC 20.40.030 (Filing Short Plat, Plat, or Binding Site Plan), the City of
Spokane Valley shall record the final plat with the Spokane County Auditor's Office, upon receipt
of all required signatures on the face of the plat.
7. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by the
applicant prior to recording.
B. Prior to or at the time of the submittal of a proposed final plat, the applicant or successors in
interest shall comply with the following requirements:
SPOKANE VALLEY PLANNING DIVISION:
1. Submit a final plat application 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-4 zoning district or successor zoning
designation to the extent permitted by Washington State law in effect at the time of building permit
application."
3. Seek and obtain an administrative exception to the lot depth requirements for Lots 7, 8 and 9
of Block 1.
4. The applicant shall retain a qualified wildlife biologist to type, and delineate as necessary, the
DNR Type N stream designated east of the site and that extends through the northeast corner of
the site and north of the site, as shown on the City DNR Streams and Wetland map; unless a
qualified employee of the State Department of Natural Resources determines through a site visit
that the stream does not have a defined channel and/or exist as a stream in such location. Any
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 17
part of the DNR stream that is determined to exist, and the riparian management zone for such
DNR stream, located on the site shall be illustrated on the final plat, and shall be protected
through language in the final plat dedication,pursuant to SVMC 21.40.030.
5. The applicant shall make reasonable efforts to notify nearby property owners of anticipated
blasting activities on the site, at least one (1) week prior to such blasting.
6. The applicant shall make reasonable efforts to ensure that Tract A in the project does not
become a noise nuisance for the operation of dirt bikes or all-terrain vehicles. The private
covenants adopted for the project shall state such requirement.
SPOKANE VALLEY BUILDING DIVISION:
1. The following addresses have been assigned and shall be designated on the final plat:
Block 1
Lot 1 1532 S Vera Crest Court
Lot 2 1524 S Vera Crest Court
Lot 3 1510 S Vera Crest Court
Lot 4 1504 S Vera Crest Court
Lot 5 1428 S Vera Crest Court
Lot 6 1422 S Vera Crest Court
Lot 7 1416 S Vera Crest Court
Lot 8 1408 S Vera Crest Court
Lot 9 1402 S Vera Crest Court
Tract A 1326 S Vera Crest Court
Block 2
Lot 1 17016 E "To Be Named" Lane
Lot 2 17010 E "To Be Named" Lane _
Lot 3 16982 E"To Be Named" Lane
Lot 4 16976 E"To Be Named" Lane
Lot 5 17021 E"To Be Named" Lane
Lot 6 16985E"To Be Named"Lane
Lot 7 16979 E"To Be Named"Lane
Lot 8 17019 E "To Be Named"Lane
Lot 9 17015E"To Be Named" Lane _
Lot 10 16983 E"To Be Named" Lane
Lot 11 16974 E "To Be Named" Lane
Lot 12 17017 E"To Be Named" Lane
Lot 13 17011 E"To Be Named" Lane
Lot 14 16981 E "To Be Named" Lane
Lot 15 16975 E"To Be Named" Lane
Lot 16 16969 E"To Be Named" Lane
Lot 17 17013 E"To Be Named" Lane
Lot 18 17015 E"To Be Named" Lane
Lot 19 16979 E"To Be Named" Lane
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 18
Lot 20 16973 E "To Be Named" Lane _
Lot 21 _ 16967 E "To Be Named"Lane
Lot 22 17012 E "To Be Named"Lane
Lot 23 17006 E Vera Crest Lane
Lot 24 16986 E Vera Crest Lane
Lot 25 16980 E Vera Crest Lane
Lot 26 16972 E Vera Crest Lane
Block 3
Lot 1 1523 S Steen Lane
Lot 2 1519 S Steen Lane
Lot 3 1511 S Steen Lane
Lot 4 _ 1503 S Steen Lane
Lot 5 1421 S Steen Lane
Lot 6 1415 S Steen Lane
Lot 7 1409 S Steen Lane
Lot 8 1405 S Steen Lane
Lot 9 1337 S Steen Lane
Lot 10 1323 S Steen Lane
Lot 11 1315 S Steen Lane
Lot 12 1303 S Steen Lane
Lot 13 1229 S "To Be Named" Lane
Lot 14 _ 1223 S "To Be Named" Lane
Lot 15 1217 S "To Be Named" Lane
Lot 16 1211 S "To Be Named" Lane
Lot 17 1205 S "To Be Named" Lane
' Lot 18 16911 S Steen Lane
Lot 19 1208 S "To Be Named"Lane
Lot 20 1226 S "To Be Named"Lane
Lot 21 16917 S Steen Lane
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. The extension of Vera Crest Drive shall be designated and designed as a local access public
street, per Typical Street Section R-120; with a public full cul-de-sac at the terminus before the
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 19
beginning of the private street Vera Crest Lane, per Typical Street Section R-130. Any right-of-
way and/or border easement dedications shall be designated on the final plat language and map.
Note: the building setback begins at the edge of the border easement.
4. The internal streets connecting Vera Crest Drive and Steen Road in the development were
reviewed to determine the connectivity needs and impacts of the surrounding area. Based on this
review, the City will allow the private street(s) as proposed. The private street(s) shall be designed
per Spokane Valley Street Standards (SVSS) Chapter 7 and Standard Plan R-133. Pursuant to
SVSS 7.3.2, private streets serve 2-9 lots and do not connect two (2) public streets. Design
deviation requests have been submitted and approved to allow the private streets to serve more
than nine (9) lots, and to connect two public streets.
5. Private streets shall have a concrete driveway approach, per applicable SVSS Standard Plans,
where they connect to public streets.
6. In accordance with SVMC 19.40.020 (Residential Standards), all residential driveways shall
be paved. Private driveways shall conform to SVSS Section 7.3.4.
7. Driveway approach design shall follow the 2009 SVSS, or as amended.
8. All lots proposing construction of structures, retaining walls or site disturbance (including
tree removal) on slopes equal to or greater than 30%, or where the construction will create slopes
equal to or greater than 30%, shall submit a geo-hazard mitigation plan, prepared by a qualified
geo-technical engineer, prior to building permit issuance or actual construction approvals, and
prior to any disturbance of such slopes, per the Ridgemont Estates 5th Addition Geo-Hazard
Evaluation prepared by Budinger&Associates, dated May 31, 2016.
9. Prior to the recording of the Phase 1 final plat, the applicant shall submit payment (i.e. SEPA
impact fee imposed by MDNS) to the City in the form of cash or letter of credit in the amount of
$6,579 for the Sprague/Barker intersection improvement project included in the 2016
Transportation Improvement Plan.
10. All stormwater facilities are to 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 lot. Non-roadside facilities, such as ponds
(especially consolidated ponds, which are those receiving runoff from more than one lot shall be
placed within a tract (see SRSM 11.2).
11. A Homeowner's Association (HOA) is required for the perpetual operation and maintenance
of the on-site private street and associated facilities including but not limited to the stormwater
systems at the end of the service life of the respective components, and any other improvements
that may be legally required in the future. A draft copy of the CC&Rs for the HOA shall be
submitted with the drainage submittal.
12. An Operations and Maintenance Manual, per SRSM Chapter 11, shall be submitted with the
initial submittal of final design plans for the street and/or stormwater systems.
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 20
13. SVSS Appendix 4A (General Construction Notes) shall be included in the civil plans.
14. All utilities and utility easements (i.e. Telephone, power, etc.) shall be shown. 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 duties:
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. Receipt of
statements will be reg uired_prior to plan approval.
15. 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.
16. 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 (non-endangerment standard) at the
top of the ground water table. Contact the UIC staff at UIC Program, Department of Ecology, P.O.
Box 47600, Olympia, WA 98504-7600, (360) 407-6143; or go to:
http://www.ecv.wa.gov/programs/wq/gmdwtr/uic/UIConlinereAs.html for registration forms and
further information. Copies of the registration for drywells, which receive public road stormwater
runoff, shall be sent to Development Engineering. The City of Spokane Valley NPDES Permit
Number is WAR04-6507.
17. A Construction Stormwater Permit will need to be obtained from the Department of Ecology
if both of the following two conditions apply:
a. Construction project disturbs one or more acres of land (area is the cumulative acreage of the
entire project whether in a single or in a multiphase project), and,
b. If there is a possibility that stormwater could run off the site during construction and into
surface waters or into conveyance systems leading to surface waters of the state. Construction site
operators must apply for a permit 60 days prior to discharging stormwater. More information can
be obtained from http://www.ecy.wa.gov/programs/wq/stormwater/construction/
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 21
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.
SPOKANE REGIONAL HEALTH DISTRICT:
1. The final plat shall be designed substantially as indicated on the preliminary plat of record
and/or any attached sheets as noted.
2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the Planning Department to the utility companies, Spokane Valley Engineer, and
the Spokane Regional Health District.
3. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County.
4. Water service shall be coordinated through the Director of Utilities, Spokane County.
5. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
6. Prior to filing the final plat, the applicant shall demonstrate to the satisfaction of the Spokane
Regional Health District that an adequate and potable water supply is available to each lot of the
plat.
7. Prior to filing the final plat, the applicant shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
8. A public sewer system will be made available for the lot and individual service will be
provided to each lot prior to sale. The use of individual on-site sewage disposal shall not be
authorized.
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."
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 22
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 DEPARTMENT:
1. Four new fire hydrants shall be installed at the following intersections:
a. Cul de Sac of Vera Crest Court
b. Vera Crest Lane& Steen Lane
c. 15th Lane (Lane C) & Steen Lane
d. 16th Lane (Lane A) & Steen Lane
2. Hydrants shall stand plumb. The traffic breakaway flange is to 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. All fire hydrants shall have a minimum of three outlets, 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. The turnaround appears adequate as drawn, and shall be verified as part of grading review.
7. Vera Crest Court/Lane shall connect to Steen Lane/Road, to provide two approved apparatus
access points for the new development as the number of lots exceeds 30. (IFC D107.1)
8. Access road must meet grading requirements.
9. The fire apparatus access road/driveway and turnaround shall be posted as "No Parking—Fire
Lane."
a. Access 20 to 26ft posted both sides
b. Access 26 to 32ft posted one side (same side as hydrant if provided)
10. Road names require approval, and shall coincide with established road names in the
surrounding road grid. Recommendations based on the existing grid are as follows:
a. Lane F=N. Flora Lane
b. Lane E=E. 14th Lane
c. Lane D = E. Ben Burr Lane
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 23
d. Lane C = E. 15th Lane
e. Lane B =E. Kamiakin Lane
f. Lane A=E.16th Lane
11. Addresses shall be posted at the entrance of the private drive so they are visible from 8th
Avenue during and after construction. Numbers shall be a minimum 4" tall and contrasting to the
background. A new street sign shall be provided.
12. If gates are proposed, a"to-scale" drawing shall be submitted(minimum width 20 feet).
AVISTA UTILITIES
1. The final plat dedication shall state:
"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, and common areas."
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 on the site prior to or
during future on-site construction, the applicant, developer, contractor, and/or any other parties
involved in construction shall immediately cease all on-site construction, shall act to protect the
potential or known historical and cultural resources area from outside intrusion, and shall notify,
within a maximum period of twenty-fours from the time of discovery, the City of Spokane Valley
Community and Economic Development Department of said discovery.
2. A Cultural Resource Survey shall be prepared and submitted for approval prior to any
grading or construction activity.
SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION:
1. A pre-construction conference with Development Engineering is required prior to the start of
construction. The grading permit is to 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 forty-eight (48) hours prior to construction. The sign shall be clearly
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 24
visible from the right-of-way and provide project construction details. See SVSS section 9.7 of the
Street Standards.
3. Permits are required for any access to or work within the right-of-way of the Spokane Valley
roadway system. A traffic control plan shall accompany the right-of-way obstruction permit.
4. TESC structures (such as filter fence, silt ponds, silt traps) shall be installed prior to the start
of site work and maintained throughout the duration of construction and until the site has
stabilized.
5. All survey monuments shall be protected during construction. Any disturbed or damaged
monuments shall be replaced prior to certification/final plat and/or release of surety.
6. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed Washington State Professional Engineer/Land Surveyor. All work
is subject to inspection by the City Senior Development Engineer or by his staff
7. Upon completion of the improvements, a Construction Certification package and record
drawings are required for the improvements and shall be submitted and approved prior to Final Plat
approval 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. The operator of a construction site that disturbs one (1) acre or more of total land area, and
that 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 Baseline General Permit for Stormwater Discharges
Associated with Construction Activities.
2. If any soil or ground water contamination is known to be on the site, additional information is
needed. The applicant may be required to submit additional studies and reports including, but not
limited to, temporary erosion and sediment control plans, a stormwater pollution prevention plan, a
site map depicting sample locations, a list of known contaminants with concentrations and depths
found and other information about the contaminants.
3. 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.ecy.wa.gov/programs/wq/stormwater/construction; or by contacting the Water Quality
program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600; (360) 407-6401.
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 place of use, or period of use), then it is subject to approval from the
Department of Ecology pursuant to RCW 90.03.380 and RCW 90.44.100.
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 25
SPOKANE REGIONAL CLEAN AIR AGENCY:
1. Dust emissions during demolition, construction, and excavation projects shall be controlled.
Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers
or suspension of activity during certain weather conditions.
2. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto
paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately
to clean these surfaces.
3. Debris generated as a result of this project shall be disposed of by means other than burning.
4. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
5. A Notice of Construction and Application for Approval shall be submitted and approved by
SCAPCA prior to the construction, installation, or establishment of an air pollution source. This
includes emergency generators rated at 500 hp (375 kW) or higher, natural gas heating equipment
units rated at 4 MMBTU/hr or higher (input), and heating equipment units fired with other fuels
(e.g. diesel) rated at 1 MMBTU/hr (input) or higher. Contact Spokane Clean Air for a Notice of
Application.
6. A Notice of Intent shall be submitted to Spokane Clean Air prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact Spokane Clean Air for a Notice of Intent application.
Prior to Final Plat:
1. Right-of-way dedication and border easements must be designated on the final plat map.
2. The Homeowner Association's UBI number shall be referenced on the Final Plat.
3. Plat language will be determined at the time of final plat submittal. Contact Development
Engineering after civil plan approval and/or prior to first submittal of final plat to obtain plat
language.
DATED this 23rd day of December, 2016
SPOKANE VALLEY HEARING EXAMINER
/Ciatj
Michae C. Dempsey, WSB ....35
HE
HE Findings, Conclusions and Decision File No. SUB-2016-0001 Page 26
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 December 23, 2016, 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 December 27,2016, counting
to the next business day. THE APPEAL CLOSING DATE IS JANUARY 17s 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-2016-0001 Page 27