SUB-2017-0005 Decision_Signed CITY OF SPOKANE VALLEY HEARING EXAMINER
Preliminary Plat of The Place on Valleyway, in the )
R-3 Zoning District )
) FINDINGS OF FACT,
Applicant: Terra Homes, LLC ) CONCLUSIONS OF LAW,
) AND DECISION
File No: SUB-2017-0005 )
I. SUMMARY OF DECISION:
Hearing Matter: Application for a preliminary plat to divide 3.62 acres of land into 10 residential lots,
in the R-3 zone.
Summary of Decision: Approved, subject to revised conditions. The preliminary plat, as conditioned,
will expire on November 14, 2022, unless an application for a time extension application is submitted at
least 30 days prior to such expiration date.
H. FINDINGS OF FACT:
Procedural Matters:
1. On April 17, 2017, Terra Homes, LLC ("applicant") submitted a complete application for the
preliminary plat of The Place on Valleyway to the Building and Planning Division of the City of
Spokane Valley Community & Economic Development Department ("Department"); to divide 4.06
acres of land into 11 residential lots, in the Single-Family Residential Zoning District("R-3 zone").
2. The preliminary plat map dated April 17, 2017 included 10 residential lots planned for duplexes, and
a 21,420-square foot lot reserved for an existing residence and detached shop located in the northwest
portion of the acreage.
3. On August 23, 2017, the applicant submitted a boundary line adjustment (BLA) to exclude an
approximately 19,170-square foot lot reserved for the existing residence and detached shop from the
land making up the preliminary plat; which reduced the original preliminary plat area to 3.62 acres.
4. The Department required the BLA to be recorded prior to final plat approval of a revised preliminary
plat for the 3.62-acre area. Staff Report submitted by Department for application,page 2.
5. On September 8, 2017,the applicant submitted a revised preliminary plat map to divide the 3.62-acre
area("site") into 10 residential lots, for the development of 20 duplex dwellings.
6. The site is located north of and adjacent to Valleyway Avenue, directly north and northwest of its
intersection with Mayhew Road; in Spokane Valley, Washington.
7. The site lies directly west of the westerly terminus of the half right of way (ROW) for Alki Avenue,
and approximately 700 feet west of the intersection of Valleyway Avenue and Evergreen Road.
8. The site is currently referenced as Spokane County Assessor tax parcel #'s 45154.1104 and
45154.1105. The residence on the site is addressed at 13607 E. Valleyway Avenue.
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 1
9. The applicant is Terra Homes, LLC;which has a mailing address of c/o Steve Edwards,P.O. Box 182,
Spokane, WA 99210. The site owners are John and Christina Campbell; who have a mailing address
of 13607 E. Valleyway Avenue, Spokane Valley, WA 99016.
10. On June 16, 2017, the Department issued a determination of nonsignificance (DNS) for the original
application under Chapter 21.20 (State Environmental Policy Act) of the Spokane Valley Municipal
Code (SVMC); and mailed copies of the DNS to the required agencies and persons, pursuant to the
optional DNS process set forth in SVMC 21.20.090. The DNS was not appealed.
11. On September 28, 2017, the Hearing Examiner held a public hearing on the revised application
("application"). The Hearing Examiner conducted a site visit on September 28, 2017, prior to the
hearing.
12. The notice requirements for the public hearing, set forth in SVMC Chapter 17.80, were met by the
applicant and the Department,respectively. Staff Report, page 3.
13. The Department mailed notice of the hearing to the owners and taxpayers of properties located within
800 feet of the site, instead of the required 400 feet, to enhance notice for the hearing. The applicant
also cleared vegetation on the site to increase the visibility of the notice of hearing sign posted on the
property. Staff Report, pages 3 and 9-10.
14. 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.
15. The following persons testified at the hearing, under an oath administered by the Hearing Examiner:
Karen Kendall and Lori Barlow Aaron Simpson
City Community Development Department Simpson Engineering
11707 E. Sprague Avenue, Suite 106 909 N Argonne Road
Spokane Valley,WA 99206 Spokane Valley, WA 99208
Taudd Hume, Attorney at Law Jeff Broyles
Parsons/Burnett/Bjordahl/Hume, L.L.P 13616 E. Valleyway
159 S. Lincoln, Suite 113 Spokane Valley, WA 99216
Spokane, WA 99208
Anne Mettler and Jan Mettler Eric Johnson
13507 E. Valleyway 13617 E. Valleyway
Spokane Valley, WA 99216 Spokane Valley, WA 99216
Yousef Beyrouti
516 N. Maurer Road
Spokane Valley, WA 99216
16. The Hearing Examiner takes notice of the Spokane Valley Comprehensive Plan ("Comprehensive
Plan"), SVMC, City of Spokane Valley Street Standards (SVSS), and Spokane Regional Stormwater
Manual (SRSM); other applicable development regulations; and prior land use decisions for the site
and neighboring land.
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 2
17. Exhibits 1-15 listed below are attachments to the Staff Report,which the Department placed in the file
before the hearing. Exhibits 16 and 17 listed below were submitted at the hearing by the Department
and the applicant's attorney Taudd Hume, respectively.
• Exhibit 1: Vicinity Map
• Exhibit 2: Zoning Map
• Exhibit 3: Comprehensive Plan Map
• Exhibit 4: Aerial Map
• Exhibit 5: Application Submittal with approved design deviation requests
• Exhibit 6: Preliminary Plat Map of Record dated September 8, 2017
• Exhibit 7: Determination of Completeness
• Exhibit 8: Notice of Application Materials
• Exhibit 9: Request to put application on hold to begin processing boundary line adjustment
• Exhibit 10: State Environmental Policy Act(SEPA) Determination
• Exhibit 11: SEPA Checklist
• Exhibit 12: Trip Generation&Distribution Letter
• Exhibit 13: Notice of Public Hearing Materials
• Exhibit 14: Agency Comments
• Exhibit 15: Applicants Response to Agency Comments
• Exhibit 15: Public Comments
• Exhibit 16: Copy of media presentation of Staff Report and Recommendations to the Hearing
Examiner
• Exhibit 17: Letter dated September 28, 2017 from ParsonsBumettBjordahl/Hume, L.L.P.
18. The record includes the documents in the application file ("file") at the time of the hearing, Exhibits
16 and 17,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.
Description of Site:
19. The site is approximately 3.62 acres in size; and slopes down from north to south, toward Valleyway
Avenue, at an overall slope of approximately 5%. The steepest slopes are found in the south end of
the site; on proposed Lots 2 and 3, which have a slope of approximately 11%.
20. The site is vegetated with scattered evergreen trees, deciduous trees and shrubs; and with native and
non-native grasses. The residence and detached shop that lie between the north and south parts of the
site are accessed through a long driveway that extends southerly through the west edge of the site to
Valleyway Avenue.
Description of Preliminary Plat:
21. The preliminary plat map of record submitted on September 8,2017("preliminary plat map"or"map")
illustrates 10 residential lots ranging from 11,484 to 24,878 square feet in size.
22. The map illustrates an internal private street system, located within a 20-foot access and utility
easement, that includes a northerly street, a street extending south from such street to an interior
hammerhead turnaround, a stub street that extends west from the hammerhead to the west edge of the
preliminary plat, and a street that extends southerly from the stub street along the west edge of the site
to Valleyway Avenue.
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 3
23. The map shows the driveway that serves the residence which lies between north and south portions of
the site extending southerly to the private street that extends along the west edge of the preliminary
plat to Valleyway Avenue.
24. The environmental checklist submitted for the application, on pages 3 and 12-14, advised that the
proposed duplex development would be gated, feature middle-income housing, and have
approximately 42 people residing in it.
25. Aaron Simpson, a professional engineer retained by the applicant, testified that the 24 duplex units in
the project would be ranch-style, have 2-3 bedrooms and two (2) baths, have approximately 1,300
square feet or 2,600 square feet of living space, and have attached garages except for a few detached
garages. Simpson advised that the entry to the project along Valleyway Avenue would be gated, and
the project would have walking trails.
Land Use Designations for Site and Neighboring Land. Surrounding Conditions:
26. The site and neighboring land, except the land lying northwest of the site and the land lying along
Evergreen Road to the east, are designated in the Single-Family Residential category of the
Comprehensive Plan, and zoned R-3.
27. The land lying west of the site generally consists of parcels that are 1-3 acres in size and improved
with single-family dwellings. The 5-acre parcel lying north of the site is improved with a church,
which fronts along Broadway Avenue to the north.
28. The other land zoned R-3 in the vicinity generally consists of urban-sized lots in residential
subdivisions,or short subdivisions,that are improved with single-family dwellings.Further to the west,
east of Evergreen Road, the land is zoned Corridor Mixed Use(CMU); and consists of a 4-acre parcel
improved with offices and a storage yard for a water company, and several duplex dwellings.
29. The land lying northwest of the site is zoned Multifamily Residential(MFR)and developed with multi-
family buildings. Commercial retail uses are found a few blocks northeast of the site, at the westerly
corners of the intersection of Evergreen Road and Broadway Avenue, northeast of the site.
30. The above information is contained in the application file; including pages 2-3 of the Staff Report;
land use maps, County Assessor maps and parcel information, and an Assessor map showing short
plats in the area.
31. The City Arterial Street Plan designates Valleyway Avenue in the area as a Collector, Broadway
Avenue and McDonald Road as Minor Arterials, and Sprague Avenue and Evergreen Road as
Principal Arterials. Comprehensive Plan, page 5-78. Valleyway Avenue is paved; but lacks curb and
sidewalk between McDonald Road and Evergreen Road, except at the northeast intersection of
Valleyway and McDonald. Staff Report,page 8.
32. Bus stops served by the Spokane Transit Authority(STA)are located at the corners of Sprague Avenue
and Evergreen Road, and Broadway Avenue and Evergreen Road; approximately 0.4 miles from the
site,respectively.
Comments Submitted by Neighboring Property Owners:
33. The owners(Johnsons) and former owner(Gerald Hansen) of the 1.0-acre parcel lying directly east of
the south portion of the site, the owners (Broyles) of the 0.8-acre parcel lying directly southeast of the
site across Valleyway Avenue, the owners (Mettlers) of the 3-acre parcel lying two (2) parcels west
of the site along Valleyway, and the owner(Yousef Beyrouti) of a lot located two (2) lots east of the
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 4
site along the east side of Mamer Road expressed concerns regarding and/or opposition to the proposed
preliminary plat.
34. Such neighboring property owners expressed concerns regarding the location of duplexes and the
prospective rental of the duplexes on the site, lack of need for additional duplexes or rental housing in
the vicinity, inconsistency of duplex lots with large lots in the vicinity, increased density of housing,
impacts on quality of life and property values in the area, narrowness of the proposed lots to
accommodate two (2) duplex dwellings, increased traffic along Valleyway Avenue and at the
intersection of Mayhew Road and Valleyway, speeding traffic and the lack of sidewalks along
Valleyway,related traffic safety impacts to pedestrian and bicycle traffic along Valleyway, increased
fire danger, inadequate width of private road system to accommodate fire trucks, inadequate parking
for project vehicles and potential parking of project vehicles along neighborhood streets, noise and
dust impacts from construction of duplex homes over an extended period of time, and impacts on
wildlife on the site and in the vicinity.
35. Eric and Lisha Johnson expressed a specific concern, during their testimony and in comment letters,
regarding glare from the headlights of project vehicles intruding into the windows of their home,
located in the south portion of their adjoining lot to the east; and requested that screening be provided
if the preliminary plat is approved.
36. Jan and Anne Mettler expressed a specific concern during their testimony regarding possible vibration
damage to the 110-year old house on their property, based on vibration damage that occurred to the
second floor of their home from the construction of development located north of their property.
Relevant Policies of Comprehensive Plan:
37. In December 2016, the City adopted a new Comprehensive Plan, along with new standards for
residential development set forth in SVMC Chapter 19.70.
38. The Single-Family Residential 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 allow a
range of minimum lot sizes. Comprehensive Plan,page 4-63.
39. 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.
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.
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 5
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-P10 recommends that new development be connected to public sewer and water.
o. Policy U-P1 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 pages 8-9, lists many of the policies set forth above, along with other relevant
policies; and discusses the consistency of the proposed preliminary plat with such policies.
Consistency of Application with Approval Criteria for Preliminary Plat:
37. All lots in the preliminary plat exceed the minimum lot sizes of 5,000 square feet for a single-family
dwelling and 10,000 square feet for a duplex dwelling in the R-3 zone,respectively. Staff Report,page
4; SVMC 19.40.060; and SVMC 19.70.010, Table 19.70-1.
38. The maximum density permitted in the R-3 zone is 6.0 dwelling units per acre. The term"density"in
the SVMC means "gross density"; with "density, gross" being defined as "[t]he total number of
residential dwelling units per acre." SVMC 19.70.010, Table 19.70-1.
39. The term"dwelling unit"is defined in the SVMC as"[o]ne or more rooms intended for occupancy as
separate living quarters, with an individual entrance, cooking, sleeping, and sanitary facilities for the
exclusive use of one family maintaining a household." The term"dwelling, duplex" is defined as [a]n
attached building designed exclusively for occupancy by two families, with separate entrances and
individual facilities for cooking, sleeping, and sanitation, but sharing a common or party wall or
stacked...". SVMC, Appendix A.
40. The density of the preliminary plat is approximately 5.52 units per acre,which is computed by dividing
the 20 duplex units in the project by the site area of 3.62 acres.The Staff Report,on page 4,erroneously
states the density of the preliminary plat as "2.8 dwelling units per acre"; which density was derived
by erroneously dividing 10 duplex lots by 3.62 acres,instead of dividing 20 duplex units by 3.62 acres
as should have been done.
41. The density of the preliminary plat, at 5.52 dwelling units per acre, complies with the maximum
density of 6.0 dwelling units per acre allowed in the R-3 zone.
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 6
42. There is no minimum frontage or minimum lot width for dwelling units in the R-3 zone.The minimum
front and flanking street yard setbacks for dwellings and attached garages in the R-3 zone are 15 feet,
the minimum rear yard setback for dwellings is 10 feet, and the minimum side yard setback for
dwellings is 5.0 feet.
43. The preliminary plat complies with the other design standards of the R-3 zone for residential
development. Staff Report,page 6; Exhibit 16; testimony of Karen Kendall.
44. Sections 36.70B.030 and 36.70B.040 of the Revised Code of Washington (RCW) require that the
comprehensive plan and development regulations adopted by a 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.
45. Under RCW 36.70B.030 and RCW 36.70B.040, the Hearing Examiner cannot question the density,
lot sizes, frontages or other dimensional features of the preliminary plat, or the proposed development
of duplexes on the site,because they are allowed under SVMC Chapter 19.70.
46. SVMC 20.20.090 requires the design of subdivisions to conform to 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.
47. 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.
48. The adjacent Johnson residence to the east is only impacted directly by the headlights of eastbound
project vehicles that are turning right/south to access the four (4) duplex units on Lots 1 and 2. Such
impacts would be brief in nature, and not significant.
49. There is no competent evidence in the record that future construction of the proposed improvements
on the site would cause vibration damage to the 110-year old residence on the Mettler property,which
is located more than 200 feet away on an acreage parcel west of the site. The applicant is put on notice
by this decision that such home has apparently suffered vibration damage in the past from construction
on neighboring land.
50. The Staff Report found that the project is consistent with applicable policies of the Comprehensive
Plan. There is no competent evidence in the record that the proposed duplexes, whether rented or not,
will have a significant adverse impact on property values in the vicinity.
51. The proposed duplexes would provide additional housing options in the vicinity, as recommended by
the Comprehensive Plan; and provide land use transition between more intense uses, i.e. the multi-
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 7
family uses zoned MFR northwest of the site and the church located north of the site, and the less
intense single-family dwellings on land zoned LDR that abut the site. Additional land use transition is
provided by Valleyway Avenue, between the project and the single-family dwellings lying south of
such street.
52. SVMC 22.20.020 makes land use applications subject to transportation concurrency review at the time
the application is submitted, as determined by evaluating the anticipated impact of the application
against the level of service (LOS) set forth in the Comprehensive Plan; requires the issuance of such
certificate prior to the approval of the application; conditions the issuance of such certificate on a
finding that adequate improvements or strategies are in place at the time of development, or that a
financial commitment is in place to complete the improvements or strategies within six (6)years; and
recommends that the cumulative impact of development be considered when making this
determination.
53. SVSS 3.2 requires all development projects that are subject to concurrency review under SVMC
Chapter 22.20 and generate 10 or more new peak-hour vehicular trips to submit a trip generation and
trip distribution letter(TGDL),based on the latest edition of the Institute of Transportation Engineers
(ITE) Trip Generation Manual, and prepared by a qualified traffic engineer. If the application for the
project is subject to SEPA), the letter must be submitted at the time the application is submitted. The
letter is required to be approved by the City prior to submittal of a traffic impact analysis (TIA), if a
TIA must be prepared for the project.
54. The applicant submitted a TGDL for the original version of the project, which included the existing
home, on May 23,2017;prepared by Aaron Simpson,P.E., a professional traffic engineer. The TGDL
found that the project would generate 21 vehicle trips during the critical PM peak hour; which equates
to 20 PM peak hour trip for the revised project consisting of 20 duplex units.
55. Aaron Simpson found in the TGDL that 80% of the traffic would be generated between the site and
Evergreen Road to the east, or 16 PM peak hour trips for the revised project; and 20% would be
distributed between the site and McDonald Road to the west, or 4 PM peak hour trips for the revised
project. Simpson's professional traffic engineering opinion expressed in the TDGL that the additional
traffic from the project will not affect the levels of service at any nearby intersections was not rebutted
in the record.
56. There is no basis in the record to require the preparation of a TIA for the project;because 1)the project
will not generate 20 or more peak hour trips to an intersection of arterial streets,within a 1-mile radius
of the site, considering that the maximum number of PM peak hour trips generated at the intersection
of arterial streets in the vicinity would be 11-12 trips at Evergreen Road and Broadway Avenue, and
2) there is no competent traffic engineering evidence in the record indicating that the project will
impact local access intersections, alleys or driveways located within an area of a current traffic
problems as identified by the City or previous traffic study, such as a high-accident location, poor
roadway alignment or capacity deficiency. SVSS Section 3.3.
57. The City's Senior Traffic Engineer, Ray Wright, issued a certificate of transportation concurrency for
the original version of the preliminary plat on June 13,2017. The certificate determined that sufficient
roadway capacity exists, or is programmed to exist, with future road improvements on the City street
system to accommodate the uses and densities in the original project.
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 8
58. The certificate of transportation concurrency is applicable to the revised version of the preliminary
plat,which proposes 20 duplex dwelling units. The professional traffic engineering opinions stated by
Ray Wright in the certificate were not rebutted in the record by project opponents.
59. The conditions of approval recommended by the Development Engineering Division of the
Department state that Valleyway Avenue is designated as a "Local Access" street, and frontage
improvements are required along Valleyway; state that the required half width of right of way along
Valleyway is 19 feet, and require ROW dedication to extend 2.0 feet behind the curb; require the
installation of 15 feet of asphalt width from street centerline to the edge of gutter, a 2-foot curb, a 5-
foot concrete sidewalk, and a 10-foot wide roadside swale planted with seed/grass; requires the
dedication of a 13-foot wide border easement; and requires the frontage improvements to tie into the
existing improvements to the east, and then transition to minimum improvements per SVSS Standard
Plan R-120.
60. Valleyway Avenue is designated as a Collector on the City Arterial Street map,and as a"bike friendly
route", on pages 5-78 and 5-81 of the Comprehensive Plan. SVSS Table 7.2 (Arterial Street Design
Criteria Minimum Widths) specifies a minimum paved width of 40 feet for a Collector, within a
required ROW width of 48 feet. The half ROW required for a Collector would be 24 feet, and the half-
paved width required would be 20 feet.
61. The conditions of approval should be revised to require a ROW dedication of 24 feet,to 2.0 feet behind
the curb, and a paved width of 20 feet, for Valleyway Avenue; unless the City approves a design
deviation under the SVSS that allows Valleyway to be improved as a local access street along the
frontage of the site.
62. On April 17, 2017, the Development Engineering Division of the Department approved design
deviations from the SVSS to allow the intersection of the private street system in the preliminary plat
with Valleyway Avenue to be located 139 feet from the intersection of Valleyway Avenue and
Mayhew Road, instead of the required intersection separation of 150 feet; allow 11 lots to be served
with a private street system, instead of the standard limitation of 2-9 lots served by a private street;
and allow the private streets to be 20 feet wide instead of the required 26 feet,for private streets in the
project that exceed 500 feet in length or near a fire hydrant.
63. The justifications for the requested design deviations for the private street system are set forth on page
6 of the Staff Report. This includes the minor nature of the deviations, and a finding that left turn
movements from the private street onto Valleyway Avenue would not conflict with turning movements
at the nearby intersection of Valleyway and Mayhew Road.
64. Section 1.11 of the SVSS authorizes the Senior Engineer of City Development Engineering to approve
deviations from the standards based on certain criteria and justification provided by the applicant, and
indicate that the Senior Engineer is the final authority on granting such deviations. The Hearing
Examiner cannot overrule the approval of the design deviations approved by Senior Engineer.
65. Washington case law, and RCW 82.02.020, generally prohibit the imposition of a condition on
development by local government that is not reasonably necessary as a direct result of the development.
Any condition imposed must also be "roughly proportionate" to the impact of the development. The
installation of sidewalk along the frontage of the site appears to meet such test. See Isla Verde Int'l
Holdings v. City of Camas, 146 Wn.2d 740 (2002); United Development v. Mill Creek, 106 Wn. App.
681 (2000), review denied, 145 Wn.2d 1002 (2001); and Sparks v. Douglas County, 127 Wn.2d 901
(1995).
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 9
66. Neighboring property owners who commented on the traffic impacts of the project did not submit
competent traffic engineering evidence regarding the impact of the project on traffic capacity or safety
that would rebut the mitigation recommended for the project by City Engineering or the applicant's
professional traffic engineer, or demonstrate that the project fails to meet applicable traffic safety or
capacity standards.
67. The project makes appropriate provisions for streets, students who walk only to school, pedestrians,
and other non-motorized travel.
68. The Spokane County Environmental Services Department and Vera Water and Power certified the
availability of public sewer and water for the project, respectively. Exhibit 14 of Staff Report.
69. City Critical Areas maps do not designate any priority wildlife habitats on the site or neighboring land,
and competent evidence from a wildlife biologist was not presented that the project would have any
adverse impact on a priority wildlife habitat. There is no basis to require the preparation of a habitat
management plan for the project under SVMC 21.40.035 (Fish and Wildlife Habitat Mitigation).
70. Randy Abrahamson, Tribal Historic Preservation Officer for the Spokane Tribe of Indians, submitted
a letter to the Department on May 31, 2017 stating that "...we are concerned that the project
potentially contains cultural resources which would be impacted by the proposed ground disturbing
activity in a very high risk area."Abrahamson recommended the preparation of a cultural survey, and
requested that if any artifacts or human remains are found upon excavation activity that his office be
notified and excavation activity in the immediate area cease. Exhibit 14.
71. On June 13, 2017, Karen Kendall of the Department sent an email to Randy Abrahamson that
requested more specifics on why the site is considered a very high risk for cultural resources and
requires a cultural survey. On the same day, Abrahamson responded by email stating "Because I
archive researched it, beware [sic] of historic properties of religious and cultural significance that
area [sic] located on the aboriginal land of the Spokane Tribe, conduct consultation with the Spokane
Tribe in a sensitive manner, respectful of tribal sovereignty."
72. Taudd Hume, legal counsel for the applicant, submitted a detailed letter on September 28, 2017, and
testimony at the hearing, objecting to the Spokane Tribe's request for a cultural survey. Hume
contended that the tribe's request could only be considered as a SEPA issue, the City had no
regulations or adopted policies that required or recommended preservation of historic or cultural items,
and the tribe failed to appeal the DNS issued for the project; and requested that the tribe's request be
denied. The letter was not copied to the tribe.
73. Karen Kendall, the Department planner, testified that the Washington State Department of
Archaeology and Historic Preservation (DAHP) maintains a mapping system, known as the
Washington Information System for Architectural and Archeological Records Data ("WIZAARD"),
which serves as a predictive model for the discovery of historical and cultural resources on properties
in the state; and the model showed a"high risk"of discovery of cultural resources on the site.
74. Karen Kendall testified that she called Gretchen Taylor of DAHP the day before the hearing; and was
advised by Kaehler that some agencies use the WIZAARD map as a tool to condition projects, other
agencies use the map simply as a "placeholder" for further analysis on the discovery of cultural
resources, the map contains few significant data on its designation of property, the DAHP and the
individual Indian tribes are the sources to look to for more specific information on whether a site is
likely to contain cultural resources, the DAHP's and the tribe's information on cultural or historic
resources is not available to the general public in order to protect such resources, the DAHP had
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 10
received notice of the current application from the Department, and Kaehler had no significant
information on the current site on which to base a request for a cultural survey.
75 On September 27,2017,the Hearing Examiner approved the preliminary plat of Big Sky of Greenacres
South, to subdivide a 6.7-acre site located at the intersection of Sprague Avenue and Evergreen Road
in Spokane Valley into 25 residential lots. The Spokane Tribe requested the preparation of a cultural
resources survey for the project,based on the mapping of the site as a"high risk area"for the discovery
of cultural resources. After the Department requested the tribe to provide reasons why the site was so
mapped and a cultural resources survey was needed, Randy Abrahamson responded "Because I
archive it, and it's a high risk area."Decision in File No. SUB-2017-0006.
76. The Hearing Examiner,in Findings of Fact#s 75 through 89 of the Examiner's decision on preliminary
plat of Big Sky of Greenacres South, made an extensive analysis of the City's authority to protect
cultural and historic resources under the Comprehensive Plan and development regulations. Such
findings and analysis are hereby incorporated by reference as findings of fact,as though fully set forth
herein.
77. The Hearing Examiner's decision on the preliminary plat of Big Sky of Greenacres South included a
finding that the City's SEPA policies, SVMC 20.20.100 and RCW 58.17.110 provide a basis for the
Spokane Tribe to request the preparation of a cultural survey; but such request must be supported by
competent evidence that there is a high potential for cultural resources to be found on a development
site,when such request by the tribe is questioned by the Department or the applicant for a preliminary
plat. The decision, on page 22, included the following condition of approval, which required the
Department to consult again with the tribe, prior to final plat approval of the preliminary plat of Big
Sky of Greenacres South:
"Prior to final plat approval, the Department shall further consult with the Spokane Tribe
of Indians, to give the tribe an opportunity to provide additional information on why its
predictive model characterizes the site as a"high risk area" for cultural resources, and the
likelihood of native Indian cultural resources being found on the project site. If the
Department determines from such consultation process, and other competent
archaeological evidence available to the Department, that the site has a high potential for
the presence of such resources, the applicant shall submit a professional archaeological
survey for the project to locate, identify and protect such resources, prior to final plat
approval..."
78. The Hearing Examiner takes notice that a copy of the Examiner's September 27,2017 decision on the
preliminary plat of Big Sky of Greenacres South was provided to Randy Abrahamson. Randy
Abramson did not appear at the hearing on the current application, or provide any specific information
to substantiate his request for a cultural resources survey.
79. The applicant, on page 14 of the environmental checklist submitted for the application, stated "None
known"in response to the question asking if any places or objects listed on, or proposed for,national,
state, or local preservation registers were known to be on or next to the site; and replied"N/A" to the
question asking the applicant to generally describe any landmarks or evidence of historic,
archaeological, scientific, or cultural importance known to be on or next to the site.
80. The Department, in its written review of the environmental checklist, inaccurately stated that the
checklist indicated that, according to the information available in the WIZAARD,there are no known
historical and cultural resources on or near the site; since there was no mention of WIZAARD in the
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 11
checklist. The Department's review noted that the Spokane Tribe had submitted comments
recommending a cultural resources survey, and ambiguously concluded with the statement "No
concerns noted."Exhibit 10.
81. The Spokane Tribe submitted its request for a cultural survey well prior to the issuance of the DNS on
June 16, 2017. The tribe was not, as contended by Taudd Hume, required to appeal the DNS issued
for the application to preserve its request for a cultural survey.
82. The Spokane Tribe did not substantiate its request for a cultural resources survey of the project. The
"inadvertent discovery" condition crafted by Taudd Hume in his September 28, 2017 letter appears
too complex and convoluted to analyze and impose as a condition.
83. Taudd Hume, at the hearing, also objected to the 48-hour notice required in the inadvertent discovery
plan condition recommended by the Department, prior to any land disturbing activities on the site.
This requirement should be eliminated since the Spokane Tribe did not substantiate its request for a
cultural survey.
84. Commenting agencies, aside from the Spokane Tribe, 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.
85. The County Environmental Services certified the availability of public sewer for the project, as
conditioned. Vera Water and Power and Spokane County Fire District 1 certified the availability of
water for potable water and fire flow for the project as conditioned, respectively.
86. The environmental checklist submitted by the applicant, and the DNS issued by the Department,
adequately addressed the environmental impacts of the project. The procedural requirements of the
SEPA and SVMC Title 21 (Environmental Controls)have been met.
87. 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, and except as noted above.
88. Subject to amending the conditions of approval recommended by the Development Engineering
Division of the Department to address the Division's error in classifying Valleyway Avenue as a local
access street instead of a Collector, the preliminary plat application,as conditioned,complies with the
direct concurrency requirements set forth in SVMC Chapter 21.20 (Concurrency).
89. 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.
90. The preliminary plat and dedication, as conditioned,substantially conform to the Comprehensive Plan
and will serve the public use and interest.
91. 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, cultural and historical
resources, and all other relevant facts as specified in RCW 58.17.110 and SVMC 20.20.100.
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 12
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.
2. The conditions of approval recommended by the Development Engineering Division of the City
Community Public Works Department should be revised to address the Division's error in classifying
Valleyway Avenue as a local access street, instead of a Collector.
3. Minor revisions should be made to the conditions of approval to assure proper formatting, clarity and
consistency with the findings of fact above.
4. The approval of the preliminary plat, as conditioned below, is appropriate under SVMC Title 20
(Subdivision Regulations) and 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 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 following general conditions apply to the preliminary plat approval:
SPOKANE VALLEY BUILDING&PLANNING DIVISION:
1. The approved preliminary plat shall be designed in substantial conformance to the preliminary plat
map of record prepared on July 19, 2017 and submitted on September 8, 2017, and have a maximum
of 10 residential lots; unless a preliminary plat modification is requested and approved pursuant to
Chapter 20.50 (Preliminary Plat, Short Plat, and Binding Site Plan Alterations) of the Spokane Valley
Municipal Code (SVMC).
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 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 of the Revised Code of Washington(RCW); and shall be restrained by injunctive action
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 13
and shall be illegal, as provided in RCW Chapter 58.17. 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
shall certify on the final plat that it is a true and correct representation of the lands that were surveyed
for the final plat.A survey is required for all final plats.All surveys shall comply with the RCW 58.09
(Survey Recording Act) and Chapter 332-130 (Survey and Land Descriptions) of the Washington
Administrative Code (WAC).
5. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), the preliminary plat approval
automatically expires five years after preliminary approval is granted, unless a time extension is
approved for the preliminary plat. The expiration date for the current preliminary plat is November 14,
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 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.
Prior to or at the time a final plat is submitted for approval. the applicant or successors in interest shall:
SPOKANE VALLEY BUILDING&PLANNING DIVISION:
1. Submit a final plat that complies with all submittal requirements specified in SVMC Chapter 20.40.
2. Include the following language 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."
3. Finalize and record the boundary line adjustment approved in File No. BLA-2017-0018.
4. The following addresses have been assigned and shall be designated on the final plat:
Lot Address Alternate Address
Lot 1 405 N"Private Road Unknown" 403 N"Private Road Unknown"
Lot 2 409 N"Private Road Unknown" 411 N"Private Road Unknown"
Lot 3 415 N"Private Road Unknown" 417 N"Private Road Unknown"
Lot 4 521 N"Private Road Unknown" 523 N"Private Road Unknown"
Lot 5 525 N"Private Road Unknown" 527 N"Private Road Unknown"
Lot 6 526 N"Private Road Unknown" 524 N"Private Road Unknown"
Lot 7 _ 522 N"Private Road Unknown" 518 N"Private Road Unknown"
Lot 8 512 N"Private Road Unknown" 514 N"Private Road Unknown"
Lot 9 506 N"Private Road Unknown" 508 N"Private Road Unknown"
Lot 10 504 N"Private Road Unknown" 502 N"Private Road Unknown"
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 14
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 a preliminary plat decision
has been issued and 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
10210 E Sprague Avenue, Spokane Valley, Washington 99206.
3. Valleyway Avenue is designated as a Collector street, and frontage improvements are required per
SVSS Chapter 2 and are described below. Existing utilities shall be relocated to 2 feet behind the back
of curb. The requirements in this condition, and condition #4 below, shall be completed if the
Development Engineering Division grants a design deviation to allow Valleyway Avenue to be
improved as a local access street; and if a design deviation is not approved,frontage improvements
and the dedication of right of way (ROW) shall be provided for Valleyway Avenue as required for a
Collector in the SVSS:
a. Tie into existing improvements to the east:
i. 15 feet of asphalt width from street centerline to edge of gutter.
ii. 2-foot-wide Type"B"curb and gutter per SVSS Standard Plan R-120.
a. 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.
b. 5-foot-wide concrete sidewalk per SVSS Standard Plan R-103.
NOTE: The new improvements will tie into the existing improvements to the east and transition
to the minimum improvements per R-120.
4. The following criteria determine the ROW and border easement dedications for a Local Access street
per SVSS Standard Plan R-120. All information is estimated from the Spokane County Assessor's
Office. The applicant is responsible for verifying all values listed below_
a. Existing half ROW width is 30 feet.
b. Required half ROW width is 19 feet.
iii. ROW dedication is not required.
c. A Border Easement is required and shall extend from the ROW to the back of sidewalk.
i. 13 feet wide Border Easement dedication required.
Note: building setbacks begin at the edge of border easement.
5. The internal streets were reviewed to determine the connectivity needs and impacts of the surrounding
area. Based on this review, the City will allow the private street(s) as proposed, pursuant to SVSS
Section 7.3.2. The private street(s) shall be designed per SVSS Chapter 7 and Standard Plan R-133.
6. In accordance with SVMC 19.40.020(Residential Standards),all residential driveways shall be paved.
Private driveways shall conform to SVSS Section 7.3.4.
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 15
7. Shared access is required between the lots (SVSS Section 7.8.2).
8. If drywells are proposed that do not receive stormwater from public facilities,and they are in Garrison
or Springdale soils,the testing for confirming 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:
"Per Spokane Regional Stormwater Manual methods, a qualified licensed engineer shall
evaluate, classify and document the soils in the excavated drywell infiltration zone prior to
installation of the filter fabric, drainage rock or drywell barrel; and shall determine if the
soil's conditions will be suitable and capable of infiltrating storm water at the design flow
rate. The engineer shall submit a copy of the documentation detailing the observations,the
conclusions and the basis for the conclusions to the City of Spokane Valley Development
Engineering Division. 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 shall be revised to meet
existing conditions. Any revisions to the design shall be submitted to the City of Spokane
Valley Development Engineering Division for review and acceptance."
9. A Homeowner's Association (HOA) is required for the perpetual operation and maintenance of the
on-site drive aisles and associated facilities including but not limited to the stormwater systems at the
end of the service life of the respective components, and any other improvements that may be legally
required in the future. A draft copy of the covenants, conditions &restrictions (CC&Rs) for the HOA
shall be submitted with the drainage submittal.
10. An operations and maintenance manual, per SRSM Chapter 11, shall be submitted with the initial
submittal of final design plans for the street and/or stormwater systems.
11. Use the general construction notes in SVSS Appendix 4A, and not those in 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.
NOTE: Aerials showing utility pole relocation along Valleyway Avenue will be needed.
Please arrange relocation with utility company.
13. If sewer and/or water needs to be brought to the properties, 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.
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 16
14. All new dry wells and other injection wells shall be registered with the Underground Injection Control
program(UIC)at the Washington State Department of Ecology(WDOE),prior to use.Discharge from
the well(s)shall 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:
httj)://www.ecv.wa. Fov/pro;rams/wq/w=rndwtr/uic/UlConlineregis.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#is WAR04-6507.
15. A construction stormwater permit shall be obtained from the WDOE, if both the following conditions
apply:
a. The construction project disturbs one or more acres of land (i.e. area is the cumulative acreage of
the entire project, whether in a single or a multiphase project).
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 at least 60 days prior to discharging
stormwater. More information can be obtained from:
http://www.ecy.wa.gov/programs/wq/stormwater/construction/
16. 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.
17. For construction affecting public ROW, at least 48 hours prior to construction a sign shall be securely
posted at each point of ingress to the project area. The sign shall be clearly visible from the ROW, and
provide project construction details. See SVSS Section 9.7.
18. Permits are required for any access to, or work within, the ROW of the Spokane Valley roadway
system. A traffic control plan shall accompany the ROW obstruction permit.
19. Temporary erosion and sediment control (TESC) 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.
20. 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.
21. 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.
22. Upon completion of the improvements, a construction certification package and record drawings for
the improvements shall be submitted and approved prior to final plat approval, in accordance with
SVSS Chapter 9.
23. 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.
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 17
24. The required ROW dedication and border easements shall be designated on the final plat map.
25. The HOA's Unified Business Identifier(UBI)number shall be referenced on the face of the final plat.
26. Plat language will be determined at the time of final plat submittal. To obtain plat language, contact
Development Engineering after civil plan approval and/or prior to the first submittal of final plat.
SPOKANE COUNTY FIRE DISTRICT 1 (SPOKANE VALLEY FIRE DEPARTMENT):
1. The private street shall be named"North Mayhew Lane".
2. One (1) new fire hydrant is required on the north side of east Valleyway Avenue, at the entrance to
the private street.
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. 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.
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.
4. A new street sign shall be provided at the intersection with east Valleyway Avenue.
5. Fire apparatus access road/driveway and turnaround shall be posted as "No Parking- Fire Lane."
a. Access 20 to 26 feet posted on both sides.
b. Access 16 to 32 feet posted on one side.
c. At ends of turnarounds.
6. The turnaround shall be drawn to meet the design parameters per the International Fire Code (IFC),
Appendix D, with the modification of a 30-foot turning radius.
SPOKANE COUNTY ENVIRONMENTAL SERVICES DEPARTMENT:
1. A side sewer easement with a width acceptable to the Spokane County Environmental Services
Department ("Department") shall be shown on the face of the plat as a "Private Sewer and Utilities
Easement."The final plat dedication shall state:
"The perpetual, non-exclusive easement as shown on the face of the plat is for the
construction,maintenance and all other uses or purposes which are or may be related to the
private sewer lines. The easement shall run with the land."
2. The final plat dedication shall state:
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 18
"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."
3. A public sanitary sewer easement shall be shown on the face of the plat, and the final plat dedication
shall state:
"The perpetual easement granted to Spokane County, its successors and assigns, is for the
sole purpose of constructing, installing, operating, maintaining, repairing, altering,
replacing, removing, and all other uses or purposes that are or may be related to a sewer
system. Spokane County, its successors and assigns, at their own cost and expense,may at
all times hereafter remove all crops, brush, grass, or trees that may interfere with the
constructing, installing, operating, maintaining, repairing, altering, replacing, removing,
and all other uses or purposes that are may be related to a sewer system. The grantor(s)
reserves the right to use and enjoy that property which is the subject of this easement for
purposes which will not interfere with the County's full enjoyment of the rights hereby
granted;provided,the Grantor(s)shall not erect or construct any building or other structure
or drill on the easement, or diminish or substantially add to the ground cover over the
easement. The easement described hereinabove is to and shall run with the land."
4. The applicant shall submit expressly to the 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. Once submitted, the sewer plan may
require revised and or additional plat comments that need to be addressed.
5. Sewer plans acceptable to the Department shall be submitted prior to the finalization of the project.
6. Security shall be deposited with the 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.
7. Security shall be submitted to the Department 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 City Building and Planning Division to the utility companies, the Spokane Valley
Senior Engineer, and the Spokane Regional Health District.
3. The 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.
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 19
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."
VERA WATER AND POWER:
1. The plat dedication for utility easements shall not be limited to dry easements.
2. A formal water plan will need to be prepared. This plan shall address the exiting water meter and the
future water service to the existing home.
3. The proposed 20-foot utility/ingress/egress easements are insufficient for Vera's aboveground
facilities. In those areas, at least an additional 5 feet will be needed on the side of the road with
improvements. The applicant shall coordinate with Vera Water and Power Operation's Department.
AVISTA UTILITIES:
1. The final plat shall include a 10-foot utility easement behind the border easement along the public
streets.
2. The final plat dedication shall state:
"Utility easements 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,the right to trim and/or remove trees,
bushes, landscaping, without compensation and the right to prohibit structures that may."
"Serving Utility companies are also granted the right to install utilities across future
acquisition areas or border easements."
"The Private Streets as shown hereon are dedicated for utility purposes in addition to
ingress and egress as stated."
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 20
SPOKANE TRIBE OF INDIANS:
1. An Inadvertent Discovery plan for cultural resources shall be prepared prior to any grading or
construction activity. The applicant shall coordinate the plan with the Spokane Tribe of Indians and
the City Building and Planning Division.
DATED this 14th day of November, 2017
CITY OF SPOKANE VALLEY HEARING EXAMINER
7
/Clad
Michae 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 Chapter
36.70C of the Revised Code of Washington (RCW), 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.
On November 14,2017,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). Pursuant
to RCW Chapter 36.70C, the date of issuance of the Hearing Examiner's decision is three (3) days
after it is mailed.
The date of issuance of the Hearing Examiner's decision will be November 17, 2017. THE
APPEAL CLOSING DATE FOR THE PRELIMINARY PLAT DECISION IS DECEMBER 8,
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& Public Works Department-Building and
Planning Division,located at 10210 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.
Findings, Conclusions, and Decision File No. SUB-2017-0005 Page 21