SUB-2017-0001 CITY OF SPOKANE VALLEY HEARING EXAMINER
Preliminary Plat of Cascade Valley Subdivision, in )
the R-3 Zoning District; ) FINDINGS OF FACT,
) CONCLUSIONS OF LAW,
Applicant: Viking Builders, LLC ) AND DECISION
File No. SUB-2017-0001 )
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 April 26, 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 Cascade Valley Subdivision to
subdivide an approximately 4-acre site into 22 residential lots, in the Single-Family Residential
zoning district("R-3 zone")
2. The site is located north of and adjacent to the intersection of Mission Avenue and Arties Road;
in Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 55074.1357, and is legally
described on the preliminary plat map of record.
4. The applicant, and the site owner, is Viking Builders, LLC; which is addressed at c/o Scott
Krajack, 19425 E. Broadway Avenue, Spokane Valley, WA 99016. The applicant's agent is
Whipple Consulting Engineers, Inc.; which has a mailing address of c/o Ray Kimball, 2528 N.
Sullivan Road, Spokane Valley, WA 99216.
5. On January 10, 2017, the applicant submitted a complete application for the preliminary plat
to the City Community&Economic Development Department("Department").
6. On March 10, 2017,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 April 13, 2017, the Hearing Examiner held a public hearing on the application.
8. The Hearing Examiner heard the application pursuant to Chapters 17.80, 18.20, and 20.30 of
the Spokane Valley Municipal Code (SVMC); and Appendix B (Hearing Examiner Scheduling
Rules and Rules of Conduct) of the SVMC.
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9. The following persons testified at the public hearing, under an oath administered by the
Hearing Examiner:
Marty Palaniuk Ray Kimball
City Community Development Department Whipple Consulting Engineers, Inc.
11707 E. Sprague Avenue, Suite 106 2528 N. Sullivan Road
Spokane Valley, WA 99206 Spokane Valley, WA 99216
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: 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: Arties Road Design Deviation
Exhibit 14: Trip Generation& Distribution Letter
Exhibit 15: Staff Report and Recommendations to the Hearing Examiner(PowerPoint)
11. Exhibits 1-14 consist of attachments to the Staff Report prepared by the Department for the
application, located in the application file. Exhibit 15 was submitted by the Depatlment at the
hearing.
12. On April 14, 2017, the Department received a letter from James Cole that expressed concerns
regarding the urban housing density of the project, and its inconsistency with the acreage lots and
farmland in the vicinity. Cole resides at 18217 E. Mission, on a 7.2-acre parcel lying one(1)parcel
east of the site, at the northwest corner of the intersection of Mission Avenue and Greenacres Road.
See parcel information in file regarding tax parcel no. 55074.1449.
13. The letter from James Cole was received after the hearing, was not timely submitted, and
cannot be included in the record. See Section E.9 of Hearing Examiner Rules and Rules of Conduct,
in Appendix B of SVMC.
14. The Hearing Examiner takes notice of the City Comprehensive Plan, the SVMC, other
applicable development regulations, and prior land use decisions for the site and neighboring land.
15. The record includes the electronic recording of the public hearing by the Hearing Examiner,
Exhibits 1-15, the documents in the application file at the time of the hearing, the sign-in sheet for
the hearing, and the items taken notice of by the Examiner.
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16. The site is 4.0 acres in size, irregular in shape, relatively flat in topography, and undeveloped.
The property is covered with grass, weed, shrubs and some deciduous trees.
17. The preliminary plat map of record dated December 16, 2016 illustrates division of the site
into 22 residential lots, ranging from 5,038 square feet to 9,559 square feet in size; and tracts of
4,340 square feet and 2,597 square feet, respectively, that may be dedicated to the City for the
Mission Avenue Improvement Project, prior to final plat approval.
18. The residential lots are intended to be developed with single-family dwellings, and have
frontages ranging from 50 feet to 79.8 feet. The average lot size is approximately 5,923 square feet.
19. The map illustrates an internal public road system for the preliminary plat that connects to
Mission Avenue in one (1) location,has a stub road of approximately 130 feet that does not show a
turnaround at the west end, and terminates to the north in a half-width right of way that extends
along the north edge of the preliminary plat.
20. The density (i.e. "gross density") of the preliminary plat is 5.5 dwelling units per acre. See
definition of"density, gross"in Appendix A of SVMC.
21. The site and neighboring land are designated in the Single Family Residential (SFR) category
of the Comprehensive Plan, and zoned R-3.
22. Neighboring land generally consists of lots and parcels that range from .2 to 2.7 acres in size,
and are improved with single-family dwellings. The larger parcels to the north and east include
outbuildings, livestock pens, agricultural equipment storage and/or a large field; along with single-
family dwellings. See narrative attached to application in file.
23. The half-width right of way proposed along the north edge of the preliminary plat aligns with
the half-width right of way that is located directly to the west in the final plat of Scott and Weiler
Addition, and extends easterly to Long Road.
24. On January 23, 2017, the Hearing Examiner approved the preliminary plat of Greenacres
Valley Addition, to subdivide 4.21 acres of land lying east of and adjacent to Long Road,
approximately 310 feet northeast of the intersection of Indiana Avenue and Long Road, into 13
residential lots for the development of 26 duplex dwelling units, or a combination of single-family
and duplex dwellings; in the R-3 zone. The density of such project is approximately 6.18 dwelling
units per acre. See Hearing Examiner decision in File No. SUB-2016-0003.
25. Several urban residential subdivisions, developed at densities ranging from approximately 4-5
dwelling units per acre, are found between Long Road and Flora Road in the area,primarily on land
zoned R-3. Higher density, multifamily developments are under construction along Flora Road, at
and near Mission Avenue. The area has experienced rapid growth over the past 10 years or so.
26. The City Arterial Street Plan, set forth on page 5-78 of the Comprehensive Plan, designates
Flora Road and Broadway Avenue (south of Interstate 90) as Minor Arterials; Mission Avenue,
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Mission Parkway, and Indiana Avenue west of Flora as Collector Arterials; and Barker Road and
Sullivan Road as Principal Arterials.
27. Greenacres Park, a city community park, was recently developed on 8.3 acres of land lying a
few blocks southwest of the site; at the intersection of Boone Avenue and Long Road. A public
elementary school is scheduled for construction within a few weeks; approximately one (1) block
southwest of the site, at the southwest corner of the intersection of Long Road and Mission Avenue.
28. The nearest public transit stop lies approximately .4 miles southeast of the site, at the
intersection of Barker and Mission. The Spokane River, and the Centennial Trail, are located
approximately one-half(1/2)mile north of the site.
29. Barker Road has a freeway interchange with Interstate 90 (I-90) southeast of the site. Flora
Road passes over I-90 southwest of the site. A roundabout intersection was recently installed at the
intersection of Mission Avenue and Flora Road, southwest of the site; and Mission Parkway was
extended east to the roundabout in a one-way configuration. Mission Parkway, west of its one-way
configuration, merges into Indiana Avenue; and extends as a two-way road all the way west to
Sullivan Road, near I-90.
30. Various commercial uses are found along Indiana Avenue, west of Mission Parkway. A wide
range of commercial uses is found along Broadway Avenue, east of Sullivan Road, and along
Sprague Avenue and Appleway Avenue, respectively; south of I-90. Broadway Avenue extends
east to Flora Road, south of I-90. See Hearing Examiner decision in File No. SUB-2016-0003.
31. No public comments were timely received before or at the hearing regarding the preliminary
plat application.
32. In December 2016, the City adopted a new Comprehensive Plan, and adopted new standards
for residential development in Chapter 19.70 of the SVMC.
33. The SFR category of the Comprehensive Plan is intended to address a range of single-family
residential densities,to be implemented through a series of zoning districts that would allow a range
of minimum lot sizes. See p. 4-63 of Comprehensive Plan.
34. The Comprehensive Plan contains the following relevant policies for the preliminary plat
application:
a. Policy ED-P6 promotes the development or redevelopment of vacant and underutilized properties,
particularly those with potential to serve as a catalyst for economic development.
b.Policy LU-P7 recommends that residential neighborhoods be protected from incompatible land uses,
and adverse impacts associated with transportation routes.
c.Policy LU-P8 recommends ensuring that neighborhoods are served by safe and convenient motorized
and non-motorized transportation routes.
d. Policy LU-P14 recommends that a variety of housing types be enabled.
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e. Policy LU-P16 recommends that development be maximized along major transit corridors and near
transit centers and commercial uses.
f. Policy T-P2 recommends consideration of neighborhood traffic and livability conditions, and
addressing potential adverse impacts of public and private projects, during the planning, designing,
permitting and construction phases.
g.Policy T-P5 recommends that high-speed traffic be restricted from residential neighborhoods.
h. Policy T-P6 recommends working collaboratively with developers to ensure that areas experiencing
new development are well served by motorized and non-motorized options.
i. Policy T-P9 recommends providing and maintaining quality street, sidewalk and shared-use path
surfaces that provide a safe environment for all users.
j.Policy H-P3 recommends supporting the development of affordable housing units using financial and
regulatory tools.
k. Policy CF-P3 recommends coordinating the construction of public infrastructure with private
development to minimize costs.
1. Policy CF-P4 recommends requiring adequate emergency vehicle road access and water
supply/pressure for new development within the City.
m. Policy CF-P6 recommends ensuring that facilities and services meet minimum Level of Service
standards.
n. Policy CF-P 10 recommends that new development be connected to public sewer and water.
o. Policy U-P 1 recommends the efficient co-location of new utilities. Policy UL-P3 promotes the
undergrounding of utility distribution lines. Policy UL-P4 recommends coordination with utility
service providers to prevent obstructions to regional utility corridors.
p. Policy P-P8 recommends planning for access to parks, trails and other open spaces in all
neighborhoods.
The Staff Report, on page 8-9, lists many of the same policies, and adds other relevant policies.
35. SVMC 19.20.010(Zoning districts)indicates that the SFR category of the Comprehensive Plan
is implemented by the R-1, R-2 and R-3 zones. SVMC 19.20.015 (Zoning districts purpose) states
that the R-3 zone allows for single-family residential development at an urban density that provides
flexibility and promotes reinvestment in existing single-family neighborhoods.
36. The R-3 zone establishes a maximum density of six (6) dwelling unit per acre, minimum lot
sizes of 5,000 square feet for a single-family dwelling and 10,000 square feet for a duplex dwelling,
minimum front/flanking yards of 15 feet, a minimum garage front yard setback and minimum rear
yard setbacks of 20 feet, a minimum side yard setback of five (5) feet, a maximum building height of
35 feet for residential uses, and no open space requirement. See Table 19.70-1 of SVMC 19.70.020.
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37. The preliminary plat, as conditioned, complies with or will comply with all the dimensional
standards set forth for residential development in SVMC Chapter 19.70.
38. RCW 36.70B.030 and RCW 36.70B.040 require that a comprehensive plan and development
regulations adopted by local government under the State Growth Management Act(GMA) serve as
the foundation for project review; and that where standards for development are specified in local
development regulations, or in the absence of applicable development regulations, are addressed in
a comprehensive plan, such regulations, or the comprehensive plan, respectively, are determinative
of the standards of development for the land use action.
39. Under Washington case law, where the comprehensive plan of a local government conflicts
with zoning regulations or other development regulations, the zoning and development regulations
are controlling. See Citizens for Mount Vernon v. City of Mount Vernon, 133 Wn.2d 861 (1997).
40. Under the above authorities, the Hearing Examiner cannot question the density, lot sizes, or
other dimensional features of the preliminary plat,because they comply with SVMC Chapter 19.70.
The project proposes the development of single-family dwellings, which are the same housing type
that exists on neighboring land. There is no evidence in the record that the project will have any
significant adverse impact on neighboring land uses or property values in the area.
41. 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, the Comprehensive Plan, and the proposed use
of the land being divided; and all road designs being in conformance with SVMC Chapter 22.130
and adopted street standards.
42. Pursuant to SVMC 20.20.100 and RCW 58.17.110, the Hearing Examiner is required to make
written findings that the public use and interest will be served by the preliminary plat, and the
preliminary plat and dedication, as conditioned, make appropriate provision for the public health,
safety and general welfare; all other requirements found to be necessary and appropriate, and for
which written standards and policies have been adopted; and open spaces, streets, alleys, drainage
ways, schools/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 other relevant facts.
43. The applicant's professional traffic engineering consultant prepared a trip distribution letter
for the preliminary piat. The letter determined that the project would generate an estimated 22 peak
hour vehicle trips during the PM peak hour of traffic, including 14 trips into and 8 trips out of the
project; the trips would likely be distributed 60%to and from the east via Mission Avenue,and 40%
to and from the west via Mission Avenue; the project was likely to have a minimal impact on the
transportation system; the applicant was not required to submit a traffic impact analysis (TIA) for
the project,because it would not add 20 or more peak hour trips to an intersection of arterial streets;
and frontage improvements alone should be sufficient to mitigate the traffic impacts of the project.
See letter dated 1-3-17 from Todd Whipple, P.E. of Whipple Consulting Engineers, Inc.
HE Findings, Conclusions and Decision File No. SUB-2017-0001 Page 6
44. On February 8, 2017, City Traffic Engineering in the City Public Works Department certified
transportation concurrency for the project for 22 PM peak hour trips. See application file.
45. Arties Road in the preliminary plat, where it intersects Mission Avenue, aligns with Arties
Road lying south of Mission Avenue; and has a reverse curve in the preliminary plat near Mission
Avenue that enables the creation of more developable lots in the project,but does not meet relevant
design criteria in the City's Street Standards adopted in December 2009. The applicant requested a
design deviation, which noted that the intersection would have to be offset approximately 60 feet in
order to align with Arties Road to the south; the reverse curve allows the intersection to align with
Arties Road at Mission Avenue,but shifts to the east as quickly as possible to the north,to facilitate
the creation of lots in the project; and the reverse curve and radii meet fire codes, and will encourage
traffic to travel at lower speeds as is desirable for residential neighborhoods. The City Development
Engineering Division of the Department granted a design deviation for the reverse curve on January
24, 2017, under the provisions of the Street Standards. See design deviation approval dated 1-24-
17 in Exhibit 13, p. 5 of Staff Report, and testimonies of Martin Palaniuk and Ray Kimball.
46. The conditions of approval recommended by City Development Engineering indicate that
Mission Avenue is designated as a 2-lane "Proposed Minor Arterial"; and frontage improvements
along Mission will not be required for the project,because the City has a capital improvement project
along Mission Avenue between Flora Road and Barker Road that will increase the half street width
of the road to 20.5 feet of asphalt, and install curb and sidewalk. The improvement project was
adopted under the former Arterial Street Plan, which designated Mission Avenue as a Proposed
Minor Arterial. The Arterial Street Plan was modified with the adoption of the new Comprehensive
Plan in December 2016, and currently designates Mission Avenue as a"Collector".
47. The City Development Engineering conditions of approval require the applicant to install curb,
gutter and sidewalk from the northerly point of curvature of the curb returns for the preliminary plat
along Mission Avenue to the northerly boundaries of the tracts illustrated in the south end of the
project (Tracts 1 and 2); and advise that adjacent sidewalks on the tracts may be replaced by
separated sidewalks with roadside swales, or the City may waive the applicant's responsibility to
construct sidewalks due to "means and methods"required by the capital improvement project. The
conditions require full width road improvements for the remainder of Arties Road in the project, and
construction of the streets in the project as local public access streets. The conditions advise that
Tracts 1 and 2 may be modified during the civil engineering design process, require coordination of
such process between City staff and the applicant, and advise that the City will agree to accept the
dedication of the tracts if offered by the applicant.
48. Ray Kimball, the applicant's consulting civil engineer, objected to the easement language
requested by Avista Utilities that prohibits water meter boxes from being placed within a 10-foot
wide "dry"utility easement to be dedicated behind the border easement reserved adjacent to public
streets; explaining that it is customary for water facilities and water boxes, including those installed
by Consolidated Water District,the water utility serving the project,within the utility easement. The
easement language does allow lateral crossings by storm drain, water and sewer lines in the utility
easement,but prohibits storm drain dry wells in the utility easement. See testimony of Ray Kimball.
49. The City Development Engineering conditions of approval do not require a border easement
for Mission Avenue, including the border easement shown in Tracts 1 and 2 of the preliminary plat
HE Findings, Conclusions and Decision File No. SUB-2017-0001 Page 7
that front Mission Avenue. The Department recommended that the language for the dry utility
easements be worked out between Avista, Consolidated Water District, the applicant and
Department staff prior to final plat approval; which appears appropriate.
50. On November 15,2016,the Spokane County Environmental Services Department certified the
availability of public sewer for the project, Consolidated Water District No. 19 certified the
availability of public water for the project, and Spokane County Fire District 1 ("Spokane Valley
Fire District") certified the adequacy of fire flows for the project.
51. Public agencies did not object to the project, or its potential environmental impacts. Central
Valley School District was contacted regarding the project,but did not submit any comments.
52. The environmental checklist submitted by the applicant, and the DNS issued by the
Department, properly addressed the environmental impacts of the project. The procedural
requirements of the State Environmental Policy Act (SEPA) and SVMC Title 21 (Environmental
Controls) have been met.
53. 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.
54. As conditioned, the preliminary plat application complies with the direct concurrency
requirements set forth in SVMC Chapter 21.20 (Concurrency).
55. The preliminary plat application, as conditioned, complies with the R-3 zone and the zoning,
subdivision and other requirements for land development set forth in the SVMC; and with other
applicable development regulations.
56. The preliminary plat and dedication, as conditioned, substantially conform to the
Comprehensive Plan and will serve the public use and interest.
57. 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. Any conclusion
of law below that is a finding of fact is hereby deemed such.
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2. The approval of the preliminary plat, as conditioned below, is appropriate under SVMC Title
20(Subdivision Regulations), 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 conditions of the various agencies specified below.
Any conditions of approval of public agencies that have been added or significantly altered by
the Examiner are italicized. This approval does not waive the applicant's obligation to comply with
all other requirements of other public agencies with jurisdiction over land development.
Conditions of 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 December 16,2016,and shall have a maximum of twenty-two(22)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 exration date for the current preliminary plat is April 26, 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.
HE Findings, Conclusions and Decision File No. SUB-2017-0001 Page 9
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 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 1605 N Arties Road _
2 1609 N Arties Road
3 1613 N Arties Road
4 1617 N Arties Road
5 1621 N Arties Road/ 18008 E Augusta Avenue
6 18004 E Augusta Avenue
7 18005 E Augusta Avenue
8 1705 N Arties Road/ 18007 E Augusta Avenue `
9 1613 N Arties Road
10 1713 N Arties Road
11 1717 N Arties Road/ 18014E Nora Avenue
12 18010 E Nora Avenue
_ 13 1718 N Arties Road/ 18018 E Nora Avenue
14 1714 N Arties Road
15 1710 N Arties Road
16 1706 N Arties Road
17 1702 N Arties Road
18 1618 N Arties Road
19 1612 N Arties Road
20 1608 N Arties Road
21 1604 N Arties Road
122 1602 N Arties Road
HE Findings, Conclusions and Decision File No. SUB-2017-0001 Page 10
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 has been received. All documents (plans, reports, etc) shall be submitted through
the Building Department Permit Center, which is currently located at 11707 E Sprague Avenue, Suite
108.
3. Mission Avenue was designated as a 2-Lane Proposed Minor Arterial at the time the Mission
Avenue Improvement Project was adopted. Frontage improvements along Mission Avenue will not be
required as a part of this project. The City is progressing with a capital improvement project for Mission
Avenue from Flora Road to Barker Road., which will include the project's frontage along Mission
Avenue.
a. The new half-street cross-section for Mission Avenue, as provided in the City's capital
improvement project, will be as follows:
i. 20.5' of asphalt width from center of right of way to face of curb.
ii. 0.5' wide Type 'A' curb per SVSS Std. Plan R-102.
iii. 6' wide adjacent concrete sidewalk per SVSS Std. Plan R-103.
b. The applicant shall coordinate with City staff to account for the design elements required for an
accurate tie-in of the project's new internal street and the City's proposed improvements to
Mission Avenue.The applicant shall provide full-width improvements to the new internal street
(curb & gutter, sidewalk, and as applicable, swales), beginning at the northerly point of
curvature for the project's two curb returns along Mission Avenue.
i. The internal street's asphalt pavement section shall follow the designed centerline
alignment, and extend to and intersect with the existing Mission Avenue. A minimum
edge of asphalt radius of 30' shall be provided to tie into the existing Mission Avenue
edge of pavement.
ii. Beginning at the northerly point of curvature for the project's two curb returns
along Mission Avenue, to the northerly boundary of the designated Tracts 1 and 2,
the project shall provide curb, gutter and adjacent sidewalks.
1. Through design coordination with the City,the following may occur:
a. Adjacent sidewalks on Tract 1 and 2 may be replaced by separated
sidewalks with roadside swales.
b. The applicant's responsibility to construct the sidewalk may be waived
due to means and methods required by the City's capital improvement
project.
iii. From the northerly boundary of Tracts 1 and 2,the project shall provide full width
road improvements in accordance with the 2009 SVSS.
HE Findings, Conclusions and Decision File No. SUB-2017-0001 Page 11
4. The following factors determine the right-of-way and border easement dedications for Mission
Avenue. All information is estimated from the Spokane County Assessor's Office database. The
project applicant is responsible for verifying all values listed below.
a. The existing half ROW width is 30'.
b. The required half ROW width is 29'.
i. ROW dedication is not required.
c. A Border Easement is not required. The portions of the border easements that front
Mission Avenue in Tracts 1 and 2 of the preliminary plat map of record are not required.
5. The internal streets shall be designated and designed as local access public streets,per Typical
Street Section R-120. Any right-of-way and/or border easement dedications shall be designated on
the final plat language and map. The following requirements shall be met:
a. The minimum paved road width shall be 30', and the dedicated right-of-way width shall be 38'
when providing separated sidewalk. If adjacent sidewalk is proposed, right-of-way shall be
dedicated to 2'behind the back of the adjacent sidewalk.
b. The north end of the proposed street shall comply with Standard Plan R-131.
6. In accordance with Section 8.3 of the 2009 SVSS, all residential driveways shall be paved.
Driveway approach design shall follow the 2009 SVSS, or as amended.
7. All stormwater facilities shall be designed per the SRSM.
8. The areas designated as Tracts 1 and 2 may be modified during the civil engineering design process.
Coordination with City staff and the applicant will be required.
a. Should the applicant decide to dedicate Tracts 1 and 2 to the City as a part of the final plat,
the City agrees to accept such dedication.
b. No residential structure shall be allowed on Tracts 1 or 2.
9. For the General Construction Notes, use those in SVSS Appendix 4A rather than those in
SRSM Appendix 3B.
10. Show all utilities and utility easements, i.e. telephone, power, etc. The permittee isresponsible 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 take the following actions:
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
HE Findings, Conclusions and Decision File No. SUB-2017-0001 Page 12
c. Forward a copy of the statement to Spokane Valley Development Engineering. Receipt of
statements will be required prior to plan approval.
11. If sewer and/or water needs to be brought to the property, and 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.
12. 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 (i.e. nonendangerment 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.ecy.wa.gov/programs/wq/grndwtr/uic/
UlConlineregis.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.
13. A Construction Stormwater Permit shall be obtained from the Department of Ecology, if both of
the following conditions apply:
a. Construction project disturbs one (1)or more acres of land(area is the cumulative acreage of
the entire project whether in a single or in a multiphase project), and,
b. If there is a possibility that stormwater could run off the site during construction and into
surface waters or into conveyance systems leading to surface waters of the state.
Construction site operators must apply for a permit 60 days prior to discharging stormwater. More
information can be obtained from http://www.ecv.wa.gov/programs/wq/stormwater construction.
SPOKANE COUNTY ENVIRONMENTAL SERVICES DEPARTMENT:
1. The final plat dedication shall state: "Public sewers shall be constructed to provide for the
connection of each parcel to the County's system of sewerage. Uses on properties within the project
shall be required to connect to the sewer and pay applicable charges per the County Sewer Ordinance.
Sewer connection permits shall be required. All existing uses, not currently connected to the sanitary
sewer system, are required to be connected."
2. The applicant shall submit expressly to the Spokane County Environmental Services Department,
under a 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 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 Department shall be submitted prior to the finalization of the project.
4. Security shall be deposited with the Spokane County Environmental Services Department for the
construction of the public sewer connection and facilities and for the prescribed warranty period.
Security shall be in a form acceptable to the Department and in accordance with the Spokane County
Sanitary Sewer Ordinance.
HE Findings, Conclusions and Decision File No. SUB-2017-0001 Page 13
5. Security shall be submitted to the Division of Utilities prior to approval of the Sewer Design Plans.
SPOKANE REGIONAL HEALTH DISTRICT:
1. The final plat shall be designed substantially as indicated on the preliminary plat of record and/or
any attached sheets as noted.
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 ofHealth.
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 therecorded
service area of the water system proposed to serve the plat.
8. 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 shall not be authorized.
9. The final plat dedication shall state: "A public sewer system will be made available for the plat
and individual service will be provided to each lot prior to sale.Use of individual on-site sewage disposal
systems shall not be authorized."
10. The final plat dedication shall state: "Use of private wells and water systems is prohibited."
11. The final plat dedication shall state: "The public water system,pursuant to the Water Plan approved
by County and State health authorities,the local fire protection district,City of Spokane Valley and water
purveyor, shall be installed within this subdivision, and the applicant shall provide for individual
domestic water service as well as fire protection to each lot prior to sale of each lot and prior to
issuance of a building permit for each lot."
SPOKANE VALLEY FIRE DISTRICT NO. 1 (SPOKANE VALLEY FIRE DEPARTMENT):
1. One (1) new fire hydrant is required on the north side of the intersection of Mission Avenue
and the new Arties Road.
a. Hydrants shall stand plumb. The traffic breakaway flange shall be set at the finished curb/grade
elevation with the lowest outlet of the hydrant no less than 18 inches above the curb grade. A clear
area shall be provided around the hydrant of not less than 36 inches as measured from the outside
HE Findings, Conclusions and Decision File No. SUB-2017-0001 Page 14
edge of the barrel or outlet ports, whichever is greater, for clearance of a hydrant wrench on both
outlets and the control valve.
b. The fire hydrant shall have a minimum of three (3) outlets, one 4-1/2 inch inside diameter pumper
outlet with Storz and two 2-1/2 inch inside diameter outlets. The threads on all outlets shall be
National Standard Thread(NST).
c. 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.
2. Provide a water plan showing the location of the required hydrant and the size of water main.
3. Fire apparatus access road and turnaround shall be posted as "No Parking-Fire Lane."
4. 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.
AVISTA UTILITIES:
1. The final plat dedication shall state:
"Easements for "Dry" utilities (electric, gas, phone, fiber, cable TV) 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, 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.
Storm drain dry wells [and Water Meter Boxes] shall not be placed within the
"Dry" easements; however, lateral crossings by storm drain, water and sewer lines
are permitted." [Note: the easement language submitted by Avista Utilities that
prohibits Water Meter boxes from being placed within the dry utility easements
was objected to by the applicant at the public hearing. Such issue shall be resolved
by the City Community & Economic Development Department, after consultation
with Avista Utilities, the applicant, and Consolidated Water District #19,prior to
final plat approval]
Serving utilities reserve the right to cross Border easements or Future right-of-way acquisition
areas. The final plat shall include a 10-foot utility easement behind the border easement along the
public streets.
2. The applicant shall request an open ditch inspection from Avista Real Estate Department(509)
495-2325 prior to utility placement, to verify utilities are being placed within the easements shown
on the preliminary plat.
HE Findings, Conclusions and Decision File No. SUB-2017-0001 Page 15
Prior to or during on-site construction,the applicant or successors in interest shall conduct the following:
SPOKANE VALLEY PLANNING DIVISION:
1. Upon any discovery of potential or known archaeological resources at the project site prior to or
during future on-site construction, the applicant, contractor, and/or any other parties involved in
construction shall immediately cease all on-site construction, shall act to protect the potential or known
historical and cultural resources area from outside intrusion,and shall notify the City of Spokane Valley
Community & Economic Development Department of such discovery within a maximum period of
twenty-four(24) hours from the time of discovery.
SPOKANE TRIBE OF INDIANS:
2. A Cultural Resource Survey and an Inadvertent Discovery Plan shall be prepared prior to any
grading or construction activity. The applicant shall coordinate with the Spokane Tribe of Indians to
conduct the survey, and shall submit the survey,along with verification of the Tribe's acceptance, to the
City Community&Economic Development Department.
SPOKANE VALLEY DEVELOPMENT ENGINEERING DIVISION:
1. A pre-construction conference with Development Engineering is required prior to the start of
construction. During the meeting, standards and submittal requirements for the Construction
Certification will be given to the project engineer/inspector.
2. For construction affecting public right-of-way,forty-eight(48)hours prior to construction securely post
a sign at each point of ingress to the project area. The sign shall be clearly visible from the right-of-way and
provide project construction details. See SVSS Section 9.7.
3. Permits are required for any access to or work within the right-of-way of the Spokane Valley
roadway system.A traffic control plan shall accompany the right-of-way obstruction permit.
4. Stormwater control(SC) structures, such as filter fence, silt ponds, and silt traps, shall be installed
prior to the start of site work, and shall be maintained throughout the duration of construction and until
the site has stabilized.
5. All survey monuments shall be protected during construction. Any disturbed or damaged
monuments shall be replaced prior to certification/final plat and/or release of surety.
6. Construction within the proposed public streets and easements shall be performed under the direct
supervision of a licensed Washington State Professional Engineer/Land Surveyor. All work is subject to
inspection by the City Senior Development Engineer or the engineer's staff.
7. Upon completion of the improvements, a Construction Certification package and record drawings
are required for the improvements, and shall be submitted and approved prior to final plat approval in
accordance with 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.
HE Findings, Conclusions and Decision File No. SUB-2017-0001 Page 16
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.ecy.wa.gov/programs/wq/stormwater/eastem_manual/manual.html).All ground disturbed
by construction activities must be stabilized. When appropriate,use native vegetation typical of the site.
2. Any operation which would generate a waste discharge or have the potential to impact the quality
of state waters, must receive specific prior authorization from the Department of Ecology as provided
under Chapter 90.48 RCW and WAC Chapters 173-216 173-220, 173- 200 and 173-201A
3. All new dry wells and other injection wells must be registered with the Underground Injection
Control program (UIC) at Department of Ecology prior to use and the discharge from the well(s) must
comply with the ground water quality requirement(non-endangerment standard)at the top of the ground
water table. Contact the UIC staff at UIC Program, Department of Ecology, P.O. Box 47600, Olympia,
WA 98504-7600, (360) 407-6143 or go to http://www.ecy.wa.gov/programs/wq/gmdwtr/uic/
registration/reg_info.html for registration forms and further information.
4. Proper disposal of construction debris must be in such a manner that debris cannot enter the natural
stormwater drainage system or cause water quality degradation of surface waters. Dumpsters and refuse
collection containers shall be durable, corrosion resistant, nonabsorbent, non-leaking, and have close
fitting covers. If spillage or leakage does occur, the waste shall be picked up immediately and returned
to the container and the area properly cleaned.
SPOKANE REGIONAL CLEAN AIR AGENCY:
1. Dust emissions during demolition, construction, and excavation projects shall be controlled.
Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers or
suspension of activity during certain weather conditions.
2. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto paved
surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately to clean
these surfaces.
3. Debris generated by the project shall be disposed of by means other than burning.
4. If objectionable odors result from the 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
Spokane Clean Air 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 I MMBTU/hr(input) or higher. Contact Spokane Clean Air for a Notice of Application.
HE Findings, Conclusions and Decision File No. SUB-2017-0001 Page 17
The final plat shall comply with the following requirements:
1. Right-of-way dedication and border easements must be designated on the final plat map.
2. If applicable, the Homeowner Association's UBI number shall be referenced on the face of 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 26th day of April, 2017
SPOKANE VALLEY HEARING EXAMINER
--1>")/ZO4' (
Michael C. Dempsey, WSBA#8235
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code (SVMC), and RCW
Chapter 36.70C,the decision of the Hearing Examiner on an application for a preliminary plat
is final and conclusive unless within twenty-one (21) calendar days from the date of issuance
of the Examiner's decision, a party with standing files a land use petition in Superior Court
pursuant to RCW Chapter 36.70C. Pursuant to RCW Chapter 36.70C,the date of issuance of
the Hearing Examiner's decision is three (3) days after it is mailed.
On April 26,2017, a copy of this decision will be mailed by regular mail to the Applicant,
and to all government agencies and persons entitled to notice under SVMC 17.80.130(4). The
date of issuance of the Hearing Examiner's decision will be May 1, 2017.
THE APPEAL CLOSING DATE FOR THE PRELIMINARY PLAT DECISION IS
MAY 22, 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-2017-0001 Page 18