SUB-2017-0004 SPOKANE COUNTY HEARING EXAMINER
Preliminary Plat of Genevieve Estates Subdivision, )
) FINDINGS OF FACT,
Applicant: Alandco, LLC ) CONCLUSIONS OF LAW,
File No: SUB-2017-0004 ) AND DECISION
I. SUMMARY OF DECISION:
Hearing Matter: Application for a preliminary plat, to subdivide 8.05 acres of land into 30 residential
lots.
Summary of Decision: Approved, subject to conditions. The preliminary plat, as conditioned,will expire
on September 11,2022,unless an application for a time extension application is submitted at least 30 days
prior to such expiration date.
II. FINDINGS OF FACT:
Procedural Matters:
1. On April 10,2017, a complete application was submitted to the Spokane Valley Community&Public
Works Department("Department")in the above-referenced file, for the preliminary plat of Genevieve
Estates Subdivision; to subdivide 8.05 acres of land into 30 residential lots, in the Single-Family
Residential Urban Zoning District(R-3 zone).
2. The site is located west of and adjacent to McDonald Road, approximately 770 feet north of the
intersection of Wellesley Avenue and McDonald Road; in Spokane Valley, Washington.
3. The site is currently referenced as Spokane County Assessor parcel nos. 46343.9001 and 46343.9028.
4. The applicant is Alandco, LLC; with a mailing address of P.O. Box 18567, Spokane WA 99228.
5. The site owners are Gary Lewis, who has a mailing address of c/o Tod Lasley, 5021 N. McDonald
Road, Spokane Valley WA 99216; and Jeffrey and Bonnita Foster, who have a mailing address of
5105 N. McDonald Road, Spokane Valley WA 99216.
6. On June 23, 2017, the Department issued a Determination of Nonsignificance (DNS) for the
application. The DNS was not appealed.
7. On July 19, 2017, the Hearing Examiner conducted a site visit.
8. On July 20, 2017, the Hearing Examiner held a public hearing on the application. The notice
requirements for the public hearing, set forth in Chapter 17.80 of the Spokane Valley Municipal Code
(SVMC), were met by the applicant and the Depaitinent, respectively. See p. 2 of Staff Report.
9. The Hearing Examiner heard the application pursuant to SVMC Chapters 17.80, 18.20, and 20.30; and
Appendix B (Hearing Examiner Scheduling Rules and Rules of Conduct) of the SVMC.
HE Findings, Conclusions and Decision File No. SUB-2017-0004 Page 1
10. The following persons testified at the hearing, under an oath administered by the Hearing Examiner:
Martin Palaniuk Stacy Bjordahl, Attorney at Law
Community and Public Works Parsons, Burnett, Bjordahl &Hume, LLP
11707 E. Sprague Avenue, Suite 106 159 S. Lincoln, Suite 225
Spokane Valley, WA 99206 Spokane, WA 99201
Matt Kelly, Simpson Engineers Diane Doran
909 N Argonne Road 5219 N McDonald Road
Spokane Valley,WA 99212 Spokane Valley, WA 99216
Jerry Vanhook, Windermere Real Estate Steve Henry
1521 N Argonne Road 5003 N McDonald Road
Spokane Valley WA 99212 Spokane Valley, WA 99216
Mike Mattoon
5113 N McDonald Road
Spokane Valley WA 99216
11. The Hearing Examiner takes notice of the Spokane Valley Comprehensive Plan, the SVMC, the City
of Spokane Valley Street Standards (SVSS), other applicable development regulations, and prior land
use decisions for the site and neighboring land.
12. The record includes the documents in File No. SUB-2017-0004 at the time of the hearing; the
electronic recording of the hearing by Hearing Examiner staff, the sign-in sheet for the hearing, and
the items taken notice of by the Hearing Examiner. Exhibits 1-15 listed below are attachments to the
Staff Report prepared by the Department. No additional exhibits were 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 dated June 26, 2017
• Exhibit 7: Determination of Completeness
• Exhibit 8: Notice of Application Materials
• Exhibit 9: State Environmental Policy Act (SEPA)Determination
• Exhibit 10: SEPA Checklist
• Exhibit 11: Trip Generation&Distribution Letter
• Exhibit 12: Notice of Public Hearing Materials
• Exhibit 13: Agency Comments
• Exhibit 14: Applicant's Response to Agency Comments
• Exhibit 15: Public Comments
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Description of Site:
13. The site is 8.05 acres in size, comprised of two (2) adjoining tax parcels, irregular in shape, and
relatively flat in topography.
14. The east ends of the north and south parcels making up the site are each improved with a single-family
dwelling and detached garage, and contain residential landscaping and deciduous trees; with the
remainder of each parcel consisting of an open field.
Description of Preliminary Plat.Compliance with Dimensional Standards of SVMC:
15. The preliminary plat map of record("map of record") dated June 14, 2017, illustrates a 17,166-square
foot lot reserved for the southerly residence on the site; a 15,456-square foot lot reserved for the
northerly residence on the site; and 28 lots ranging from 6,660 square feet to 13,714 square feet in size,
and having an average lot size of approximately 9,700 square feet.
16. The map of record illustrates retention of the two existing dwellings on the site and a detached garage
associated with the northerly dwelling; with all other accessory structures being removed.
17. All proposed lots exceed the minimum lot size of 5,000 square feet specified in the R-3 zone. The map
of record contains seven (7) lots that exceed the minimum lot size for a duplex dwelling of 10,000
square feet. The environmental checklist submitted for the application, on p. 2, indicates that the
project will contain 30 single-family residences.
18. The residential "density" of the preliminary plat, which is interpreted to be the "gross density" as
defined in Appendix A (Definitions) of the SVMC, i.e. the "total number of dwelling units per gross
acre", is approximately 3.73 dwelling units per acre; if the site is developed for 30 single-family
dwellings. This is well below the maximum residential density of six (6) dwelling units per acre
permitted in the R-3 zone. See SVMC Chapter 19.70 (Density and Dimensions), and p. 3 of Staff
Report.
19. If duplexes were constructed on the seven(7)lots in the preliminary plat that are large enough to meet
the minimum lot size for a duplex, the density of the project would be approximately 4.6 dwelling
units per acre. This is still well below the maximum density permitted in the R-3 zone.
20. Lot depths may not exceed three (3) times the average lot width in the R-3 zone, unless an
administrative exception is approved by the Department for a maximum 10%deviation under SVMC
Chapter 19.140 (Administrative Exceptions). The depth (208 feet) to width (58 feet) ratio of Lot 1,
Block 2 of the preliminary plat is approximately 3.6, which exceeds the maximum ratio of lot depth
to width in the R-3 zone. The Staff Report did not note this discrepancy.
21. The map of record illustrates an internal public road system in the preliminary plat that extends west
from McDonald Road in one (1) location, terminates at the west end of the site in a cul-de-sac and
adjoining stub road that extends to the west border of the project, and includes a stub road extension
to the south border of the project.
22. The map of record illustrates a 20-foot wide access easement for a private driveway extending north
from the east-west internal road in the preliminary, along the east edge of Lot 5, Block 1, to Lots 3
and 4,Block 1;with a 20-foot wide easement extending along the south edge of Lots 3 and 4, Block 1,
to provide a hammerhead turnaround for the private driveway.
23. Lots 1 and 2, Block 2 of the preliminary plat, and possibly Lot 3, Block 2, would directly access
McDonald Road.
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Land Use Designations for Site and Neighboring Land, Surrounding Conditions:
24. The site, and neighboring land, are designated in the Single Family Residential(SFR) category of the
Comprehensive Plan and zoned R-3; except for the land lying west of the site, which is designated
outside the County Urban Growth Area(UGA),located in the unincorporated area of Spokane County,
and zoned Urban Reserve (UR)by the County Comprehensive Plan.
25 Neighboring land, except to the east,generally consists of parcels that are one(1)acre in size or larger;
and are developed with single-family dwellings, along with some farming and animal-keeping. Such
neighboring land also includes some scattered acreage parcels that are undeveloped, and some urban-
sized lots that are improved with single-family dwellings.
26. The land lying easterly of the site, zoned UR by Spokane County, consists of larger acreage parcels
that are being cultivated, or are improved with a single-family dwelling and include some rural uses.
27. A 0.8-acre parcel located at the northeast corner of McDonald Road and Wellesley Avenue, and an
adjoining 2.9-acre parcel to the east, are designated in the Neighborhood Commercial category of the
Comprehensive Plan, zoned Neighborhood Commercial (NC), and developed with single-family
dwellings. See parcel information, County Assessor maps, and aerial map in file.
28. Some urban residential subdivisions are located a few blocks east of the site; and a few blocks south
of the site, south of Wellesley Avenue. The area appears to be in transition to urban residential
densities, consistent with its R-3 zoning.
29. Plante's Ferry Stadium Park, a 95-acre regional park owned by Spokane County, is located less than
one-half(1/2) mile southwest of the site, between Upriver Drive and the Spokane River. The park
serves as a regional sports complex that is improved with several sports fields, trails, and other
amenities.
30. Mirabeau Point Park, a 42-acre City park that includes recreational facilities and a natural area that
borders the Spokane River and the Spokane Centennial Trail, is located approximately 1.25 miles
south of the site.
31. The Spokane Centennial Trail, a paved regional trail system that extends several miles east to the State
of Idaho, and several miles west of the site in Spokane County, is located south of the site along the
south side of the Spokane River; with a public access located approximately 1.5 miles west of the site.
Seep. 7 of Staff Report.
32. The City Arterial Street Plan, illustrated in Figure 24 of the Comprehensive Plan, designates
McDonald Road to the south, between Wellesley Avenue and Trent Avenue (SR 290), as a Collector
Arterial; and designates Evergreen Road to the east and Wellesley Avenue to the south, as Minor
Arterials.
33. Evergreen Road and McDonald Road extend southerly in the vicinity from Sanson Avenue to
Wellesley Avenue and Trent Avenue, respectively.
34. Trent Avenue to the south is a multi-lane state highway(State Route No. 290), as is Pines Road(State
Route No. 27)to the southwest.
Comments submitted by Neighboring Property Owners and Residents:
35. Diane Doran testified at the public hearing and indicated that she has resided along the west side of
McDonald Road,north of the site, since 1979. She expressed concerns regarding increased traffic and
traffic issues along McDonald Road north of the site. Doran resides on a 1.2-acre, L-shaped parcel of
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land lying along the west side of McDonald Road; and one (1) parcel located north of the middle of
the site, and three (3)parcels north of the east end of the site, respectively.
36. Diane Doran cited periodic heavy traffic along Wellesley Avenue associated with Plante's Ferry Park
to the southwest; McDonald Road receiving increased use because it is the first north-south road east
of Argonne Road that extends north to Sanson Road; the lack of stop signs along Wellesley where it
intersects McDonald Road, creating congestion and safety issues; and the difficulty of turning onto
Trent Avenue from McDonald due to heavy traffic, multiple lanes of traffic, and traffic speeds on the
state highway.
37. Mike Mattoon, who resides on a 1.2-acre parcel lying directly north of the east end of the site, along
the west side of McDonald Road, expressed concern at the public hearing regarding the project's
impact on access to the shop located in the south portion of his property, through an easement he has
through the north edge of the site from McDonald Road. Mattoon also expressed concern regarding
traffic getting backed up along McDonald Road south of Wellesley, especially during soccer matches
at Plante's Ferry Park, which makes it difficult for traffic to access Wellesley, and creates congestion
at the school bus stop located at the intersection; and whether sufficient water pressure would be
provided for the homes in the project.
38. Doris Dunham and Melvin Dean Dunham submitted a letter on July 17,2017,indicating that they own
two (2) parcels lying immediately south of the preliminary plat; they support the extension of the
public road stub road in the preliminary plat to the south border of the site,because it will support the
future development of their properties,by providing secondary access to Wellesley Road to the south
for such future development and the preliminary plat, respectively; and they are concerned that the
public road stub will not be extended to their property because of a discrepancy in the location of the
property line between the site and their properties as a result of the legal description of the south parcel
making up the site.
39. The Dunham's letter attached an exchange of correspondence between Jerry Vanhook, a realtor
representing the Dunhams', and a title company reviewing the issue. Vanhook testified at the hearing
regarding the discrepancy in legal descriptions;as did Matt Kelley,a surveyor retained by the applicant.
40. The legal description of the south parcel (46343.9028) making up the site describes the parcel as a
portion of the SE 1/4 of the SW 1/4 of Section 34, Township 26N, Range 44 EWM that lies 1,650.2 feet
south of the north line of the SW 1/4 of Section 34; and extends to the south at an approximate distance
of 1,052.6 feet west of a line drawn 16 feet west of the east line of the SW 1/4 of Section 34, to the
south line of the SW 1/4 of Section 34, except the portion lying within the "South 20 acres" of the
rectangle described by the legal description.
41. Multiplying 20 acres by 43,560 square feet per acre (871,200 square feet), and dividing by the average
width of the parcel based on the legal description of approximately 1,052.6 feet, the south border of
the south parcel making up the site should lie approximately 828 feet north of the south line of the
SE 1/4 of the SW 1/4 of Section 34.
42. The County Assessor's map shows the north line of the south parcel making up the site lying
approximately 816 feet north of the south line of the SE 1/4 of the SW 1/4 of Section 34, adding the
combined lengths of the east borders of Parcel No. 46343.9124(786 feet) lying to the south to the half
width of 30 feet for the Wellesley Avenue right of way, a discrepancy of 12 feet from the 828 feet.
43. The County Assessor's map shows the north line of the south parcel making up the site lying only 800
feet north of the south line of the SE 1/4 of the SW 1/4; using the west portion of the border of Parcel
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No. 46343.9124 lying north of Parcel No. 46343.9060 lying further to the south, and the half width of
30 feet for Wellesley Avenue. However, the distance of 498.01 feet listed on the Assessor's map for
the portion of the west border of Parcel No. 46343.9124 lying north of Parcel No. Parcel No.
46343.9060 is clearly in error, and is scaled from the map at a length of approximately 515 to 520 feet.
This correction shows the distance the north line of the south parcel making up the site lies from the
south line of the SE 1/4 of the SW 1/4 closely matching the 816 feet distance determined by adding the
combined lengths of the east border of Parcel No. 46343.9124 to the half width of Wellesley Avenue.
44. The map of record for the preliminary plat, shows the north boundary of Short Plat No. 15-03 lying to
the south lying approximately 28.5 feet south of the south border of the preliminary plat. The short
plat map, in a consistent manner, shows the short plat lying 28.5 feet south of the north line of the
south 20 acres of the SE 1/4 of the SW 1/4. See correspondence between title company and Jerry
Vanhook.
45. The record discloses no error in the legal description of the south parcel making up the site,other than
the south boundary of the parcel potentially lying approximately 12 feet farther to the north than
depicted on the preliminary plat map; and fails to address whether there could be an error in the legal
description of the land making up Short Plat No. 15-03, regarding the location of the north boundary
of the short plat in relation to the site.
46. Both the owner of the site and the owner of Parcel No. 46343.9124 to the south would appear to have
a strong incentive to work out the boundary line issue between the ownerships. The conditions of
approval, and the SVMC, require the applicant to provide a survey of the site for the final plat. See
City Planning Division condition#4 on p. 10 of Staff Report.
47. Under the circumstances, all that can be required of the applicant is that the applicant extend the stub
road in the project, along with utilities and border easements, to the south border of Parcel No.
46343.9028,prior to final plat approval. If the south boundary of the parcel is determined to lie further
to the south than currently indicated, at such time,the stub road, etc. would have to be extended to the
new location of such boundary.
48. The fourth line of the first paragraph of the legal description set forth for Parcel "B" on the map of
record appears to contain a description error,i.e.the word"SUBDIVISION" should be revised to state
"SOUTHWEST QUARTER".
49. The May 4, 2017, trip generation distribution letter prepared for the project by Ann Winkler of
Sunburst Engineering, PS, a professional engineering consultant retained by the applicant, found the
project would generate additional traffic from 28 housing units, if 28 new single-family dwellings are
developed on the site (excluding the 2 existing dwellings in the project; or from 33 housing units, if
all seven (7) of the lots in the project that are large enough for duplexes are developed with duplexes
and the other 21 lots for new housing are developed with single-family dwellings.
50. The trip generation letter found that 75% of the vehicle trips from the project would be distributed
south to the intersection of Wellesley and McDonald during the PM peak hour; and determined,based
on recent traffic analysis, that it is unlikely that additional traffic from the project will cause levels of
service at any nearby intersections to fall to unacceptable levels.
51. Based on the trip distribution letter, Ray Wright, the City's Senior Traffic Engineer, certified
transportation concurrency for the preliminary plat for 35 PM peak hour trips.
HE Findings, Conclusions and Decision File No. SUB-2017-0004 Page 6
52. Diane Doran and Mike Mattoon did not submit competent traffic engineering testimony to rebut the
professional traffic engineering evidence presented by Ann Winkler and Ray Wright,which found that
the project would meet the City's transportation concurrency requirements.
53. The City Planning Division's conditions of approval require the applicant to widen McDonald Road
along the frontage of the site to 15 feet; and install curb, gutter, a 10-foot wide drainage swale, and a
5-foot concrete sidewalk along the frontage of the site; and improve the internal public streets in the
project to City Street Standards.
54. A condition of approval should be added that requires the applicant to extend Vercler Avenue, and
associated sewer and water utilities, to the south border of the site owner's ownership lying north of
Parcel No.46343.9124, to address the legal description issue involving the site and the parcel lying to
the south.
55. 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.
56. 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
SEPA and SVMC Title 21 (Environmental Controls)have been met.
57. 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.
58. As conditioned, the preliminary plat application complies with the direct concurrency requirements
set forth in SVMC Chapter 21.20 (Concurrency).
59. 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.
60. The preliminary plat and dedication,as conditioned, substantially conform to the Comprehensive Plan
and will serve the public use and interest.
61. 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 Revised Code of Washington (RCW) 58.17.110 and SVMC 20.20.100.
Based on the above findings of fact, the Hearing Examiner enters the following:
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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.
2. Minor revisions should be made to the conditions of approval; to assure proper formatting, clarity and
consistency with the findings of fact above.
3. The approval of the preliminary plat, as conditioned below, is appropriate under Spokane Valley
Municipal Code (SVMC) Title 20 (Subdivision Regulations), SVMC Chapter 18.20 (Hearing
Examiner), and Revised Code of Washington(RCW) Chapter 58.17.
4. Any conclusion of law above that is a finding of fact is deemed a finding of fact.
IV. DECISION:
Based on the Findings of Fact and Conclusions of Law above,the application for a preliminary
plat is hereby approved, subject to compliance with 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.
The applicant shall comply with the following general conditions:
SPOKANE VALLEY PLANNING DIVISION:
1. The approved preliminary plat shall final plat shall be designed in substantial conformance with the
preliminary plat map of record dated June 14, 2017,and have a maximum of 30 residential lots unless
a preliminary plat modification is approved pursuant to SVMC Chapter 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 any
time extension requests must be submitted to the Director at least 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 RCW Chapter 58.17; and shall be restrained as illegal by injunctive action, 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 all preliminary and final subdivisions to be
prepared by or under the supervision of a professional land surveyor. The professional land surveyor
HE Findings, Conclusions and Decision File No. SUB-2017-0004 Page 8
shall certify on the final plat that it is a true and correct representation of the lands actually surveyed.
A survey is required for all final plats. All surveys shall comply with the RCW 58.09 (Survey
Recording Act) and Washington Administrative Code (WAC) 332-130 (Survey and Land
Descriptions). Note: a discrepancy appears to exist regarding the location of the south border of the
site in relation to the north border of the short plat lot lying south of the site. There also appears to be
an error in the description of Parcel "A" on the preliminary plat map of record, i.e. the reference to
"SUBDIVISION"should be changed to "SOUTHWEST QUARTER".
5. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), the preliminary plat approval
automatically expires five (5) years from the date of approval of the preliminary approval, unless a
time extension is approved for the preliminary plat. The expiration date for the current preliminary
plat is September 11, 2022. If a request for an extension of time is not timely submitted and approved,
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 shall record any
final plat of the preliminary 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 the recording of the final plat.
Prior to final plat application or in association with final plat,the applicant shall comply with the following
conditions:
SPOKANE VALLEY PLANNING DIVISION:
1. Submit a final plat that complies with all submittal requirements specified in SVMC 20.40.
2. Include the following note in the final plat dedication:
"All lots within this plat shall comply with the building setback requirements, maximum
building height standards, 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:
Block/Lot Address_ Alternate Address
Block 1
Lot 1 13011E Wabash Court
Lot 2 13007 E Wabash Court 5106 N Woodlawn Lane
Lot 3 5110 N Woodlawn Lane _
Lot 4 5115 N Woodlawn Lane
Lot 5 12921 E Wabash Court 5105 N Woodlawn Lane
Lot 6 12917E Wabash Court
Lot 7 12911 E Wabash Court
Lot 8 12907 E Wabash Court _
Lot 9 12903 E Wabash Court 5222 N Keller Road
Lot 10 12819 E Wabash Court
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Block/Lot Address _ _ Alternate Address
Block 1 continued _
Lot 11 12815E Wabash Court _
Lot 12 _ 112807E Wabash Court
Lot 13 12803 E Wabash Court
Block 2
•
Lot 1 5017 N McDonald Road
Lot 2 _ 5021 N McDonald Road (Existing)
Lot 3 13024 E Wabash Court 5025 N McDonald Road
Lot 4 13020E Wabash Court _
Lot 5 13016 E Wabash Court
Lot 6 13012 E Wabash Court
Lot 7 13008 E Wabash Court
Lot 8 13004E Wabash Court
Lot 9 12922 E Wabash Court _
Lot 10 12916E Wabash Court
Lot 11 12908 E Wabash Court _
Lot 12 12904 E Wabash Court 5012 N Vercler Road
Lot 13 _ 5004 N Vercler Road
Block 3
Lot 1 5007 N Vercler Road
Lot 2 12816E Wabash Court 5011 N Vercler Road
Lot 3 12808 E Wabash Court
Lot 4 12804 E Wabash Court
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
SVMC; and all other federal, state, and local regulations, as applicable.
2. The review of civil plans and supporting documents cannot proceed until an application for a Land
Disturbance permit has been received. All documents (plans, reports, etc.) shall be submitted through
the Building Department Permit Center located at 11707 E Sprague Avenue, Suite 108, Spokane
Valley, Washington.
3. McDonald Road is designated as a Local Access street, and frontage improvements are required per
SVSS Chapter 2 as described below. Existing utilities shall be relocated to 2 feet behind the sidewalk.
a. 15 feet of asphalt width from street centerline (not right of way) to edge of gutter.
b. 2-foot-wide Type"B" curb and gutter per SVSS Standard Plan R-120.
c. 10-foot-wide roadside swale per SVSS Standard Plan S-130. The applicant shall install seed/grass
in the roadside swale and maintain the swale.
d. 5-foot-wide concrete sidewalk per SVSS Standard Plan R-103.
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e. Additional improvements may be required based on the results and review of the Traffic
Generation and Distribution Letter(TGDL).
4. The following criteria determine the right of way (ROW) and border easement dedications for a
McDonald Road per SVSS Standard Plan R-120. All information is estimated from the Spokane
County Assessor's Office. The project applicant is responsible for verifying all values listed below.
a. Existing half ROW width,measured from the existing road centerline, is 15 feet+.
b. Required half ROW width, as measured from the existing road centerline, is 19 feet.
i. 4-foot ROW dedication is required(2 feet behind proposed back of curb).
c. A Border Easement is required and shall extend from the ROW location to the back of the proposed
sidewalk.
i. 13-foot-wide border easement is required. Note: building setbacks begin at the edge of the
border easement.
5. The internal streets shall be designated and designed as local access public streets per Typical Street
Section R-120. Any ROW and/or border easement dedications shall be designated on the final plat
language and map.
a. Where Wabash ends at the plat boundary, the ROW and border easements shall continue to the
plat boundary and a full cul-de-sac per R-130 shall be provided.
b. Terminate the Vercler Avenue improvements one (1) foot short of the plat boundary and provide
Type III barricades per Standard Plan R-142 at the terminus,between the end of the pavement and
plat boundary. If the south border of the site owner's ownership is determined to be located south
of the south boundary of the current preliminary plat, prior to final plat approval, the applicant
shall extend Vercler Road, its associated border easements, and public sewer and water, to the
south border of such ownership;subject to terminating the improvements one (1)foot short ofsuch
south line and providing barricades as stated above. In such case, it is recommended that the
applicant seek a border line adjustment and extension of the preliminary andfinalplat to the south.
6. The internal private street was reviewed to determine the connectivity needs and impacts of the
surrounding area. Based on this review, the City will allow the private street as proposed, pursuant to
SVSS Section 7.3.2.The private street shall be designed per SVSS Chapter 7 and Standard Plan R-133.
7. Driveway approach design shall follow the 2009 SVSS, or as amended. If an existing approach is to
be altered or abandoned then the unused portion of the original approach shall be removed and replaced
with curb, gutter, and sidewalk matching that which is adjacent.
8. All stormwater facilities shall be designed per the SRSM. Linear roadside facilities such as swales
shall be located within the ROW and/or border easements when adjacent to public streets, or within a
tract or easement when adjacent to a private street or driveway serving more than one lot.Non-roadside
facilities such as ponds (especially consolidated ponds, that receive runoff from more than one lot)
shall be within a tract per SRSM 11.2.
9. If drywells are proposed that do not receive stormwater from public facilities, and are in Garrison or
Springdale soils, testing to confirm the soil classification and that the drywells will function as
designed may be performed during construction. If this option is exercised, the following note shall
be placed on the cover of the plans:
HE Findings, Conclusions and Decision File No. SUB-2017-0004 Page 11
"Per SRSM methods, a qualified licensed engineer shall evaluate, classify, and document
the soils in the excavated drywell infiltration zone prior to installation of the filter fabric,
drainage rock or drywell barrel and shall determine if the conditions of the soil will be
suitable and capable of infiltrating storm water at the design flow rate. The engineer shall
submit a copy of the documentation detailing the observations, the conclusions, and the
basis for the conclusions to the City of Spokane Valley Development Engineering. If the
engineer determines that the soils do not meet the design's requirements, or that a condition
exists that prevents 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 at the end of the
service life of the respective components, and any other improvements that may be legally required in
the future. The maintenance agreement shall be accepted and recorded prior to approval of the final
plat.
11. For the General Construction Notes, use those in the SVSS Appendix 4A rather than those 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 as required for completion of the
project. All rigid objects shall be located out of the clear zone. The clear zone requirements can be
found in the 2009 SVSS, or as amended. The permittee shall contact every utility purveyor impacted
by the project and conduct the following:
a. Discuss with the purveyor the proposed work including private services,utility improvements,and
any relocations and adjustments as well as the costs for these activities;
b. When utility relocations are required, obtain from the purveyor a written statement that they
acknowledge and concur with or have alternatives for the needed work; and
c. Forward a copy of the statement to Spokane Valley Development Engineering. Receipt of
statements will be 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 Washington State Department of Ecology (WDOE) prior to use and the discharge
from the well(s)must comply with the ground water quality requirement(nonendangerment standard)
at the top of the ground water table. For registration forms and further information, contact the UIC
staff at UIC Program, WDOE, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143 or go to:
httjl://www.ecv.wa.iov/programs/wq/grndwtr/uic/UIConlinere:.is.html
Copies of the registration for drywells, which receive public road stormwater runoff, shall
be sent to Development Engineering. The City of Spokane Valley National Pollutant
Discharge Elimination System(NPDES) Permit Number is WAR04-6507.
15. A Construction Stormwater Permit shall be obtained from the WDOE if the following two conditions
apply:
HE Findings, Conclusions and Decision File No. SUB-2017-0004 Page 12
a. Construction project disturbs one or more acres of land(area is the cumulative acreage of the entire
project whether in a single- or in a multiphase project), and;
b. If there is a possibility that stormwater could run off the site during construction and into surface
waters or into conveyance systems leading to surface waters of the state.
Construction site operators must apply for a permit 60 days prior to discharging stormwater.
More information can be obtained from:
ht tp://www.ecy.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 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. Commercial developments shall submit historical
and/or estimated water usage as part of the sewer plan submittal. Prior to plan submittal,the applicant
shall contact Chris Knudson or Colin Depner at 477-3604 to discuss the details of the sewer plans.
3. Sewer plans acceptable to the Spokane County Environmental Services Department shall be submitted
prior to the finalization of the project.
4. Security shall be deposited with the Spokane County Environmental Services Department for the
construction of the public sewer connection and facilities and for the prescribed warranty period.
Security shall be in a form acceptable to the Spokane County Environmental Services Department and
in accordance with the Spokane County Sanitary Sewer Ordinance.
5. Security will 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, the Spokane Valley Engineer, and
the Spokane Regional Health District.
3. Sewage disposal method shall be as authorized by the Director of Environmental Services, Spokane
County.
4. Water service shall be coordinated through the Director of Environmental Services, Spokane County.
5. Water service shall be by an existing public water supply when approved by the Regional Engineer
(Spokane), State Department of Health.
HE Findings, Conclusions and Decision File No. SUB-2017-0004 Page 13
6. Prior to filing the final plat,the applicant shall demonstrate to the satisfaction of the Spokane Regional
Health District that an adequate and potable water supply is available to each lot of the plat.
7. Prior to filing the final plat, the applicant shall present evidence that the plat lies within the recorded
service area of the water system proposed to serve the plat.
8. A public sewer system shall be made available for the plat and individual service provided to each lot
prior to sale. The use of individual on-site sewage disposal systems 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 Regional and State health
authorities,the local fire protection district, County Building and Planning Department 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 (VALLEY FIRE DEPARTMENT):
1. A new fire hydrant is required. The fire hydrant shall be installed at either Lot 5 on the north side of
Wabash Court or Lot 9 on the south side of Wabash Court.
a. 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.
b. The fire hydrant shall have a minimum of three outlets, one 4-1/2 inch inside diameter pumper
outlet with Storz and two 2-1/2 inch inside diameter outlets.Threads on all outlets shall be National
Standard Thread(NST).
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. The turnaround is required to meet the design parameters per International Fire Code (IFC)
Appendix D, with modification of a 30-foot turning radius.
3. Addresses shall be posted so they are visible from the ROW during and after construction. Numbers
shall be a minimum of 4 inches tall and contrasting to the background. A new street sign shall be
provided at the intersection with N McDonald Road.
HE Findings, Conclusions and Decision File No. SUB-2017-0004 Page 14
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 brick, rock, or masonry structures that may
interfere with the construction, reconstruction, reliability, maintenance, and safe operation
of same. Storm drain drywells and water meter boxes shall not be placed within the 'dry'
easements; however, lateral crossings by storm drain,water, and sewer lines are permitted."
2. Utility easements shall be included in the 20-foot ingress/egress easement that is shown between lots
5 and 2 and along the fronts of Lots 3 and 4 of Block 1 in order to serve Lots 3 and 4.
Prior to or during on-site construction,the applicant shall:
SPOKANE VALLEY PLANNING DIVISION:
1. Upon any discovery of potential or known archaeological resources at the subject property prior to or
during future on-site construction, the developer, contractor, and/or any other parties involved in
construction shall immediately cease all on-site construction,shall act to protect the potential or known
historical and cultural resources area from outside intrusion, and shall notify, within a maximum
period of twenty-four hours from the time of discovery, the 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. During this meeting, standards and submittal requirements for the Construction
Certification will be given to the project engineer/inspector.
2. For construction affecting public ROW, 48 hours prior to construction securely post a sign at each
point of ingress to the project area. Sign is to be clearly visible from the ROW and to provide project
construction details. See SVSS Section 9.7.
3. Permits are required for any access to or work within the ROW of the Spokane Valley roadway system.
A traffic control plan will be required to accompany the ROW obstruction permit.
4. NOTICE - The Regional Pavement Cut Policy may prevent or limit pavement cuts in the adjacent
street(s). There is a three-year moratorium on pavement cuts for newly paved streets. Please contact
the City ROW inspector(509) 720-5025 for further information.
5. Temporary Erosion and Sediment Control(TESC)structures(such as filter fence,silt ponds, silt traps)
are to be installed prior to the start of site work and maintained throughout the duration of construction
and until the site has stabilized.
6. 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.
7. Construction within the proposed public streets and easements shall be performed under the direct
supervision of a licensed Washington State Professional Engineer/Land Surveyor. All work is subject
to inspection by the City Senior Development Engineer or by his staff.
HE Findings, Conclusions and Decision File No. SUB-2017-0004 Page 15
8. Upon completion of the improvements, a Construction Certification package and record drawings are
required for the improvements and shall be submitted and approved prior to Final Plat approval
according to SVSS Chapter 9.
9. All public improvements shall provide a Performance/Warranty Surety per SVSS Chapter 9. The City
accepts Letters of Credit, Cash Savings Assignments, and Bonds for Warranty Sureties. Bonds are not
accepted for a Performance Surety.
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,
which is available online at:
http://www.ecy.wa.gov/programs/wq/stormwater/eastern manual/manual.html
All ground disturbed by construction activities must be stabilized. When appropriate, use
native vegetation typical of the site.
2. All new dry wells and other injection wells must be registered with the UIC at WDOE 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,
WDOE, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143 for registration forms and
further information or at:
http://www.ecv.wa.gov/programs/wq/_grndwtr/uic/re$Iistration/re g_info.html
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.
SPOKANE REGIONAL CLEAN AIR AGENCY:
1. Dust emissions during demolition, construction, and excavation projects shall be controlled.
Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers or
suspension of activity during certain weather conditions.
2. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto paved
surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately to clean
these surfaces.
3. Debris generated as a result of this project shall be disposed of by means other than burning.
4. If objectionable odors result from this project, effective control apparatus and measures shall be taken
to reduce odors to a minimum.
5. A Notice of Construction and Application for Approval shall be submitted and approved by SCAPCA
prior to the construction, installation, or establishment of an air pollution source. This includes
emergency generators rated at 500 hp (375 kW) or higher, natural gas heating equipment units rated
at 4 MMBTU/hr or higher(input),and heating equipment units fired with other fuels(e.g. diesel)rated
at 1 MMBTU/hr(input) or higher. Contact Spokane Clean Air for a Notice of Application.
HE Findings, Conclusions and Decision File No. SUB-2017-0004 Page 16
Prior to or during on-site construction. the applicant shall comply with the following requirements:
1. ROW dedication and border easements must be designated on the final plat map.
2. The private street's maintenance agreement recording 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 8th day of September, 2017
SPOKANE COUNTY HEARING EXAMINER
/6.41 9:20, 01.
Micl el C. Dempsey, WSBA#82
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to SVMC Chapter 17.90 and RCW Chapter 36.70C, the decision of the Hearing
Examiner on an application for a preliminary plat is final and conclusive unless within 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 3 days after it is mailed.
On September 11, 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 September 14,2017. THE APPEAL
CLOSING DATE FOR THE PRELIMINARY PLAT DECISION IS OCTOBER 5. 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 Kim Thompson 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 Karen Kendall 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-2017-0004 Page 17