SUB-2016-0004 CITY OF SPOKANE VALLEY HEARING EXAMINER
Preliminary Plat of Kirillov Addition Subdivision, in )
the R-3 Zoning District; ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
Applicant: Anatoliy Kirillov ) AND DECISION
File No. SUB-2016-0004 )
I. SUMMARY OF DECISION
Hearing Matter: Application for a preliminary plat, in the R-3 zoning district.
Summary of Decision: Approve preliminary plat, subject to conditions. The preliminary plat will
expire on March 17, 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
1. The application seeks approval of the preliminary plat of Kirillov Addition Subdivision; to
subdivide approximately 1.09 acres of land into five (5) residential lots, in the Single-Family
Residential (R-3)District zoning designation.
2. The site is located northwest of and adjacent to the westerly terminus of Fourth Avenue,
northwest of and adjacent to the easterly terminus of 4th Lane, and approximately 280 feet east of
the intersection of Tschirley Road and 4th Lane; in Spokane Valley,Washington.
3. The site is legally described as Lot 2 of Short Plat SHP-14-07, per short plat recorded in
Volume 29, page 72-73 of Short Plats, records of Spokane County Auditor; and is currently
referenced as County Assessor's tax parcel no. 55192.3402.
4. The applicant is Anatoliy Kirillov; who has a mailing address at 9415 E. Boone Avenue,
Spokane Valley, WA 99206. The site owners are Anatoliy and Viktoria Kirollov, who have the
same mailing address.
5. On November 10, 2016, the applicant submitted a complete application for the preliminary
plat to the City Community Development Department("Department").
6. On December 23, 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 January 12, 2017, the Hearing Examiner held a public hearing on the application. The
Examiner conducted a site visit on January 10, 2017.
HE Findings, Conclusions and Decision File No. SUB-2016-0004 Page 1
8. The following person testified at the public hearing:
Marty Palaniuk
City Community Development Department
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
9. The Hearing Examiner heard the applications 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, and admitted into the record at the
public hearing:
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: Staff Report and Recommendations to the Hearing Examiner(PowerPoint)
11. Exhibits 1-13 consist of attachments to the Staff Report prepared by the Department for the
application, located in the application file. Exhibit 14 was submitted by the Department at the
hearing,
12. The Hearing Examiner heard the application pursuant to SVMC Chapter 17.80, Chapter 18.20
and Title 20; and the Hearing Examiner Rules of Procedure, codified in Appendix B of the SVMC.
13. The Hearing Examiner takes notice of the City Comprehensive Plan, SVMC, and Spokane
County Standards for Road and Sewer Construction adopted by the SVMC; other applicable
development regulations; and prior land use decisions in the vicinity.
14. The record includes the electronic recording of the public hearing by the Hearing Examiner,
Exhibits 1-14, the documents in the application file at the time of the hearing, and the items taken
notice of by the Examiner.
HE Findings, Conclusions and Decision File No. SUB-2016-0004 Page 2
15. The site is approximately 1.09 acres in size, rectangular, and relatively flat in topography with
less than four (4) feet of slope south to north; and consists of an undeveloped field that is covered
with grass and weeds.
16. The site consists of Lot 2 of Short Plat SHP-14-07, which was recorded in 2015. Access to
Lot 2 from Tschirley Road exists through an easement for access, drainage, utilities and private
sewer that, extends through the south edge of Lot 1 of the short plat west of the site, at a width
ranging from 32 feet to 35 feet; and ends in a hammerhead turnaround in the west end of the site.
The easement contains a dirt driveway that extends westerly to Tschirley Road.
17. The preliminary plat map dated October 26, 2016 illustrates five (5) residential lots ranging
from 8,487 square feet to 9,155 square feet in size; which have a uniform depth of 130 feet, and
having lot widths ranging from 65 feet to just over 90 feet.
18. The map illustrates the extension of a private street in the easement that extends between the
site and Tschirley Road to the west, and a 30-foot wide easement in the proposed short plat; and
substitution of the existing hammerhead turnaround easement area in the west end of the site with a
hammerhead turnaround in the private street located between Lot 3 and Lot 4 of the preliminary
plat.
19. The private street in the easement would be 20 feet wide, paved, not have curb or sidewalk,
and confine drainage within the easement. See testimony of Martin Palaniuk
20. A 10-foot wide utility easement extends easterly from the southeast corner of the site, along
the north side of Fourth Avenue, to the intersection of Fourth Avenue and Manifold Avenue. The
preliminary plat would not access 4th Avenue for vehicular purposes.
21. The applicant plans to develop single-family dwellings in the project. Lot 5, the largest lot in
the project, is not large enough to meet the 12,000-square foot minimum lot size for a duplex
dwelling in the R-3 zone; but under recent changes to the SVMC, would meet a revised minimum
lot size of 10,000 square feet. See environmental checklist, and testimony of Martin Palaniuk.
22. The site and neighboring land are designated in the Low Density Residential category of the
Comprehensive Plan, and zoned R-3. The land lying northerly and easterly of the site consists of a
residential subdivision improved with single-family homes on lots that are smaller than the lots in
the current project, but are not burdened by an internal private street.
23. The short plat lot located between the site and Tschirley Road to the west is approximately
36,660 square feet (.84 acres) in size; but is burdened by the easement located along its south edge
that occupies approximately one-fourth (1/4) of the lot area. A residence located in the middle
portion of the lot faces to the west, and has an attached garage on its north side. The attached
garage accesses Tschirley Road through a driveway that extends westerly along the north edge of
the lot. A detached garage located in the northeast corner of the lot accesses Tschirely Road via a
driveway that extends southwesterly to the unpaved driveway located in the easement on the lot.
See aerial map in Exhibit 4.
HE Findings, Conclusions and Decision File No. SUB-2016-0004 Page 3
24. A 2-acre parcel of land is located directly south of the easterly two-thirds (2/3) of the site.
Based on the 2016 aerial map in the file, the parcel appears to contain some structures along with a
mass of large storage items that cannot be identified from the aerial map. A 1.7-acre, L-shaped
parcel is located south of the west end of the site, extends southwesterly to Tschirley Road, and is
improved with a single-family dwelling. The land lying southwest of the site, east of Tschirley
Road, consists of a vacant lot and a lot improved with a single-family dwelling, respectively.
Comments submitted by Neighboring Property Owners:
25. Brad Hull, the owner of the short plat lot located directly west of the site submitted an email
regarding the project to the Department on December 19, 2016. Hull expressed concern regarding
the means of access to the detached accessory building (shop) located in the northeast corner of his
lot, once a private street is constructed in the easement located along the south edge of the lot, to
serve the lots finalized in the proposed preliminary plat; and access to the private street is limited
to such lots. Hull advised that there is only 5-6 feet of space located between his house and the
north border of his lot; and about 10 feet of space, with trees growing in it, between the easement
and the south side of his house. Hull advised that his shop was constructed prior to the short plat
that created his lot and the current site, and the access easement across his lot; and he would like to
be able to extend an approach off the private street to serve his shop, and use the private street for
access. Hull expressed concern about the significant amount of traffic on the private street, which
he advised posed an increased risk to his daughter and other children playing outside in their yard.
See Exhibit 13.
Consistency of Application with Approval Criteria for a Preliminary Plat:
26. 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.
27. 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.
28. 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. Undivided duplex lots must be a minimum of 12,000
square feet in size.
29. 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
HE Findings, Conclusions and Decision File No. SUB-2016-0004 Page 4
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.
30. 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.
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.
32. 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 street designs being in conformance with SVMC Chapter 22.130
and adopted street standards.
33. 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
the public interest will be served by the subdivision; and whether the public interest will be served
by the preliminary subdivision.
34. The Development Engineering Division of the Department found the project to be exempt
from transportation concurrency review, because it would generate less than the threshold for
HE Findings, Conclusions and Decision File No. SUB-2016-0004 Page 5
review of 10 peak PM peak hour trip; reviewed the private street to determine connectivity needs
and impacts on the surrounding area, and indicated in its recommended conditions of approval that
the private street would be allowed under Section 7.3.2 of the City street standards; required the
private street to be designed to the standards set forth in the City street standards; and did not
require any improvements along Tschirley Road.
35. Section 7.3.2 of the City Street Standards permits private streets where connectivity to the
public street system is not compromised, where future through connection to public streets is not
possible, the private street does not landlock present or planned parcels, the private street serves 2-9
single-family dwelling lots, the private street provides direct access to a public street, access to the
private street is limited to properties immediately adjacent to it, and the private street is not used to
connect two (2) public streets. The standards recommend that the design of the private street
discourage through traffic of nonresidents, and advises that traffic calming measures be utilized in
the design of private streets.
36. Private streets up to 500 feet long, such as the private street proposed in the easement located
between the site and Tschirley Road, are required to have a paved width of 20 feet, and posted on
both sides as a fire lane and with "no parking" signs. A minimum 10-foot maintenance and utility
easement is required on each side of the private street, although a design deviation could be granted
by City Development Engineering under the City Street Standards to allow a reduced easement. See
Table 7.3 on p. 7-7 of Street Standards; and conditions of approval recommended by City
Development Engineering and the Spokane County Fire District 1 ("Spokane Valley Fire District"),
respectively.
37. The Hull lot located west of the site is not landlocked in the typical sense; because vehicular
access is available between the attached garage of the home located on such lot and Tschirley Road,
via a private driveway located on the north end of the parcel. Access to the detached shop on the
site could be feasible through the 10-foot space located between the easement located along the
south edge of the lot and the south edge of the house; although it would go through trees located
along the south side of the house.
38. Access from the detached shop on the Hull lot to the private street constructed in the easement
appears to be a private matter between Brad Hull and the owner of the site. The owner of the site
could grant access to the detached shop from the private street through a private agreement with
Hull, which may include Hull offering some consideration for the site owner's cost in developing
the private street.
39. 1 he traffic impacts of the preliminary piat along the private street appear to be small, with
only five (5) lots accessing the easement, and the distance traveled along the easement is only about
280 feet. The narrowness of the street would appear to limit speeds of traffic along the street. A
requirement for "traffic calming" along this narrow stretch of a 20-foot private street does not
appear warranted.
40. Public agencies did not object to the application, or the environmental impact generated by
the proposal.
HE Findings, Conclusions and Decision File No. SUB-2016-0004 Page 6
41. 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.
42. 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.
43. As conditioned, the preliminary plat application complies with the direct concurrency
requirements set forth in SVMC Chapter 21.20 (Concurrency).
44. 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.
45. The preliminary plat and dedication, as conditioned, conform to the Comprehensive Plan and
will serve the public use and interest.
46. 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:
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 conditions of the various agencies specified
below.
HE Findings, Conclusions and Decision File No. SUB-2016-0004 Page 7
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 Approval:
The "applicant", as referenced in the conditions of approval below, shall be deemed to include the owner
and developer of the site, and their heirs, assigns and successors-in-interest.
A. The following general 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 October 26, 2016 and shall have a maximum of five (5) 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
surveyor shall certify on the final plat that it is a true and correct representation of lands in the subdivision
based on an actual survey. 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 March 17. 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.
HE Findings, Conclusions and Decision File No. SUB-2016-0004 Page 8
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 Chapter 20.40.
2. The final plat dedication shall state: "All lots within this plat shall comply with the building
setback requirements, maximum building height standard, maximum lot coverage standard and
other applicable lot development standards for the R-3 zoning district or successor zoning
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 17525 E 4th Lane
2 17601E 4th Lane
3 17611 E 4th Lane
4 17625 E 4th Lane
L5 17629 E 4th 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.) 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 is received. All documents (plans, reports, etc.) shall be submitted
through the Building Department Permit Center located at 11707 E Sprague Avenue, Suite 108.
3. Frontage improvements and dedications are not required for Tschirley Road.
4. The internal street was reviewed to determine the connectivity needs and impacts of the
surrounding area. Based on such review, the City will allow the private street as proposed, pursuant
HE Findings, Conclusions and Decision File No. SUB-2016-0004 Page 9
to SVSS Section 7.3.2. The private street shall be designed per SVSS Chapter 7 and Standard Plan
R-133.
5. 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.
6. This project will generate less than 10 peak hour vehicular trips, and is therefore exempt from
traffic concurrency review under SVMC Section 22.20.020.C.3.
7. The driveway approach design shall follow the 2009 SVSS, or as amended. If Tschirley Road
will not have full-width pavement or curb and gutter, then a driveway approach per Standard Plan
R-116 may be used with the approach starting at the edge of the existing pavement
8. All stormwater facilities shall be designed per the 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 located 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 located within a tract(see SRSM 11.2).
9. If drywells are proposed that do not receive stormwater from public facilities, and are in
Garrison or Springdale soils, the testing to confirm the soil classification and that the drywells will
function as designed may be performed during construction. If this option is exercised, then the
following note shall be placed on the cover of the plans:
"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
soil conditions are suitable and capable of infiltrating storm water at the design flow rate.
The engineer shall submit a copy of the documentation detailing the observations,
conclusions, and basis for the conclusions to the City of Spokane Valley Development
Engineering. If the engineer determines that the soils do not meet the design
requirements, or that a condition exists preventing the drywell from functioning as
designed, the design engineer shall be notified and the design revised to meet existing
conditions. Any revisions to the design shall be submitted to the City of Spokane Valley
for review and acceptance."
10. A maintenance agreement 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. The
maintenance agreement shall be accepted and recorded prior to approval of the final plat.
11. For the General Construction Notes, use the notes in SVSS Appendix 4A rather than the notes
in the SRSM Appendix 3B.
12. Show all utilities and utility easements (i.e. Telephone, power, etc.). The permittee is
responsible for arranging all utility adjustments, improvements, or relocations that are required for
completion of the project. All rigid objects shall be located out of the clear zone. The clear zone
requirements are contained in the 2009 SVSS, or as amended. The permittee shall contact each
utility purveyor impacted by the project, and conduct the following procedures:
HE Findings, Conclusions and Decision File No. SUB-2016-0004 Page 10
a. Discuss with the purveyor the proposed work, including private services, utility
improvements, and any relocations and adjustments; as well as the costs for such
activities;
b. When utility relocations are required, obtain from the purveyor a written statement that the
purveyor acknowledges and concurs with, or has 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.
13. 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.
14. All new dry wells and other injection wells shall be registered with the Underground Injection
Control program (UIC) at the Department of Ecology, prior to use. Discharge from the well(s)must
comply with the ground water quality requirement (nonendangerment standard) at the top of the
ground water table. Contact shall be made with the UIC staff at UIC Program, Depai tment of
Ecology, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143, or go to the Ecology website
http:// www.ecy.wa.gov/programs/wq/Irndwtr/uic/UTConlineregis.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.
15. A Construction Stormwater Permit will need to be obtained from the Department of Ecology,
if both the following conditions apply:
a. The construction project disturbs one (1) or more acres of land (area is the cumulative
acreage of the entire project whether in a single or in a multiphase project), and,
b. If there is a possibility that stormwater could run off the site during construction and into
surface waters or into conveyance systems leading to surface waters of the state.
Construction site operators must apply for a permit 60 days prior to discharging stormwater. More
information can be obtained from http://www.ecy.wa.gov/programs/wq/stormwater/construction/.
SPOKANE COUNTY ENVIRONMENTAL SERVICES DEPARTMENT:
1. A wet (live) sewer connection to the area-wide Public Sewer System shall be constructed. A
sewer connection permit shall be obtained. Depending on the nature of the connection, either a
public easement or a private easement will be required.
2. The applicant shall submit to the 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 by the Department. Prior to plan submittal, the
applicant shall contact Chris Knudson or Colin Depner at 477-3604 to discuss details of the sewer
plans.
HE Findings, Conclusions and Decision File No. SUB-2016-0004 Page 11
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. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
4. Water service shall be coordinated through the Director of Utilities, Spokane County.
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."
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 COUNTY FIRE DISTRICT 1 (SPOKANE VALLEY FIRE DEPARTMENT):
1. One new fire hydrant shall be installed on 4th Lane at Tschirley Road.
HE Findings, Conclusions and Decision File No. SUB-2016-0004 Page 12
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. 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 4th Lane. Where the street cannot be clearly determined 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 showingteh 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 four (4) inches tall and contrasting to the
background. A new street sign shall be provided at intersections.
7. The fire apparatus access road/driveway and turnaround shall be posted as "No Parking—Fire
Lane", and in the following locations:
a. Access 20-26 feet, posted both sides
b. Access 26-32, feet posted one side (same side as hydrant)
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. The private road as shown hereon is dedicated for utility purposes
in addition to ingress and egress as stated."
C. Prior to or durin! 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,
HE Findings, Conclusions and Decision File No. SUB-2016-0004 Page 13
within a maximum period of twenty-four(24)hours from the time of discovery, the City of Spokane
Valley Community and Economic Development Department of said discovery.
SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION:
1. A pre-construction conference with Development Engineering is required prior to the start of
construction. The grading permit shall be taken out prior to scheduling the pre-con meeting, with
proof of the permit issuance provided at the meeting. During the meeting, standards and submittal
requirements for the Construction Certification will be given to the project engineer/inspector.
2. Permits are required for any access to or work within the right-of-way of the Spokane Valley
roadway system. A traffic control plan will be required to accompany the right-of-way obstruction
permit.
3. 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.
4. 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.
5. 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 in accordance with SVSS Chapter 9.
WASHINGTON STATE DEPARTMENT OF ECOLOGY:
1. Proper erosion and sediment control practices must be used on the construction site and
adjacent areas to prevent upland sediments from entering surface water. Local stormwater ordinances
will provide specific requirements. Also refer to the Stormwater Management Manual for Eastern
Washington (http://www.ec%.wa.gov/programs/wti/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 that 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. 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.
D. Prior to or during on-site construction, the applicant or successors in interest shall compl' with
the following requirements:
HE Findings, Conclusions and Decision File No. SUB-2016-0004 Page 14
SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION:
1. The maintenance agreement recording number shall be referenced on the face of the Final
Plat.
2. 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 17th day of March, 2017
SPOKANE VALLEY HEARING EXAMINER
4
Michas. 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.
This decision was mailed by regular mail to the Applicant, and to all government
agencies and persons entitled to notice under SVMC 17.80.130(4), on March 17, 2017. The
date of issuance of the Hearing Examiner's decision is therefore March 20, 2017.
THE APPEAL CLOSING DATE IS APRIL 10, 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-
-Ili-may
onday-
il+r aay of each week, except holidays, between the hours ot-8:U0 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-2016-0004 Page 15