SUB-2017-0006 CITY OF SPOKANE VALLEY HEARING EXAMINER
Preliminary Plat of Big Sky at Greenacres South )
Subdivision,in the R-3 Zoning District )
) FINDINGS OF FACT,
) CONCLUSIONS OF LAW,
Applicant: Big Sky Homes&Development ) AND DECISION
File No: SUB-2017-0006 )
I. SUMMARY OF DECISION:
Hearing Matter: Application for a preliminary plat, to subdivide 6.7 acres of land into 25 residential
lots; in the R-3 zone
Summary of Decision: Approved, subject to revised conditions. The preliminary plat, as conditioned,
will expire on September 27, 2022,unless a time extension application is submitted at least 30 days prior
to such expiration date.
II. FINDINGS OF FACT:
Procedural Matters:
1. On April 18, 2017, a complete application was submitted in the above-referenced file to the City of
Spokane Valley Community & Public Works Department, Building and Planning Division
("Department"),for the preliminary plat of Greenacres South Subdivision;to subdivide a 6.7-acre site
into 25 residential lots, in the Single-Family Residential Urban Zoning District("R-3 zone").
2. The site is located east of and adjacent to Greenacres Road, and south of and adjacent to Sprague
Avenue; in Spokane Valley, Washington.
3. The site is legally described on the preliminary plat map of record,referenced below.
4. The applicant is Big Sky Homes & Development; which has a mailing address of do Travis Paske,
P.O. Box 147, Greenacres, WA 99016; and c/o Todd Whipple, Whipple Consulting Engineers, Inc.,
which has a mailing address of 2528 N. Sullivan Road, Spokane Valley, WA 99016.
5. The site owners are Richard and Marilyn Koonz, who have a mailing address of 18414 E. Sprague
Avenue,Spokane Valley WA 99016;and Earl E.Dedman,et ux.,who have a mailing address of 10529
NE 196th Street, Bothell WA 98011.
6. On June 23,2017, the Department issued a Mitigated Determination of Nonsignificance (MDNS) for
the application,under the State Environmental Protection Act(SEPA). The MDNS was not appealed.
7. On July 26, 2017, the Hearing Examiner held a public hearing on the application. The notice
requirements for the hearing, set forth in Spokane Valley Municipal Code (SVMC) Chapter 17.80,
were met by the Department and the applicant, respectively. The Department voluntarily increased
notification of neighboring property owners by mail from the owners of property located within 400
feet of the site, as required by the SVMC,to the owners of property located within 800 feet of the site.
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 1
See page 2 and Exhibit 12 of Staff Report prepared by Department, and refer to testimony of Karen
Kendall.
8. The Hearing Examiner conducted a site visit on July 25,2017.
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.
10. The following persons testified at the hearing,under an oath administered by the Hearing Examiner:
Karen Kendall Stacy Bjordahl, Attorney at Law
City Community &Public Works Dept. Parsons, Burnett,Bjordahl &Hume, LLP
11707 E. Sprague Avenue, Suite 106 159 S. Lincoln, Suite 225
Spokane Valley,WA 99206 Spokane,WA 99201
Steven Schultz Robert Wurz
310 S. Greenacres Road 18219 E. First Avenue
Greenacres, WA 99016 Spokane Valley,WA 99016
Kay Wright Todd Whipple
18213 E. First Avenue Whipple Consulting Engineers, Inc.
Spokane Valley,WA 99016 2528 N. Sullivan Road
Spokane Valley,WA 99216
11. The Hearing Examiner takes notice of the Spokane Valley Comprehensive Plan,the SVMC, the 2009
City of Spokane Valley Street Standards (SVSS), and other applicable development regulations; and
prior land use decisions for the site and neighboring land.
12. The following documents are included as exhibits in the record:
• 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: Applicants Response to Agency Comments
• Exhibit 15: Public Comments
• Exhibit 16: Staff Report Presentation and Recommendations to the Hearing Examiner
• Exhibit 17: Letter dated July 26, 2017 from Randy Abrahamson to Karen Kendall
• Exhibit 18: Letter dated July 27, 2017 from Steven Schultz to Hearing Examiner
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 2
13. Exhibits 1-15 are attached to the Staff Report. Exhibits 16-18 were submitted at the hearing, and made
part of the record by the Hearing Examiner.Exhibits 16-17 were submitted by the Department. Exhibit
18 was submitted by Steven Schultz.
14. The record includes the documents in File No. SUB-2017-0006 at the time of the hearing, including
the Staff Report and attached Exhibits 1-15; Exhibits 16-18;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 at the hearing and in this decision.
Description of Site:
15. The west portion of the site consists of Tract"B" of Short Plat No. 85-398, which short plat includes
the tract lying between the east portion of such tract and Sprague Avenue. The east portion of the site
consists of Tract "C" of Short Plat No. 1076-96, which short plat includes the two (2) tracts lying
between the west portion of such tract and Sprague Avenue.
16. The site is 6.7 acres in size, irregular in shape, and relatively flat in topography. The east portion of
the site contains a 5,350-square foot dwelling, and the northeast portion of the site contains a detached
garage. A detached shed is found in the northwest part of the west portion of the site, and may use
Greenacres Road to the west for access.
17. A paved driveway serving Short Plat No. 1076-96 extends southerly from Sprague Avenue, along the
boundary between the Tract"C"portion of the site and the other tracts in the short plat; and terminates
in a hammerhead located primarily on the Tract "C" area,north of the residence on the site. A gravel
driveway extends from the residence to the hammerhead.
18. The residence on the site is surrounded by landscaping,including numerous deciduous trees and shrubs.
The remainder of the unimproved portions of the site is covered with grasses.
Description of Preliminary Plat, Compliance with Dimensional Standards of SVMC:
19. The preliminary plat map of record("map")is dated June 26,2017,and consists of two(2)plan sheets.
20. The map illustrates a 2.54-acre lot (Lot 25) reserved for the existing dwelling, detached garage and
driveway on the site,which are to be retained; an 8,265-square foot lot(Lot 2)in the northwest portion
of the preliminary plat, and the planned removal of the shed located on such lot area; and 23 lots
ranging from approximately 5,444 square feet to 7,103 square feet in size.
21. The map illustrates two(2)internal public streets access for the 24 single-family lots in the preliminary
plat; one extending west from the 2.54-acre lot in the project to Greenacres Road, and one extending
west along the south boundary of the preliminary plat to Greenacres Road, and providing future
connectivity to the east. A turnaround is shown in an easement extending north from the east end of
each road, along the boundary of two lots in the project; respectively.
22. All 25 lots proposed exceed the minimum lot size of 5,000 square feet for a single-family dwelling in
the R-3 zone. The map of record indicates that the existing dwelling located on Lot 25 of the
preliminary plat will be used as a duplex. Lot 25 easily exceeds the minimum lot size for a duplex
dwelling of 10,000 square feet.
23. The residential "density" of the preliminary plat, interpreted to be "gross density" as defined in
Appendix A (Definitions) of the SVMC, is approximately 3.9 dwelling units per acre, if the site is
developed for 24 single-family dwellings and one (1) duplex dwelling. This is well below the
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 3
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 page 3 of Staff Report.
24. All lots meet the lot to depth ratio specified in SVMC 20.20.090.B.3.c, and the other general design
standards for a subdivision listed in SVMC 20.20.090; as set forth on pages 5-6 of the Staff Report.
Land Use Designations for Site and Neighborinx Land, Surroundin_, Conditions:
25. The site, and neighboring land, are designated in the Single Family Residential (SFR) category of the
Comprehensive Plan and zoned R-3.
26. The 4.7-acre parcel lying directly east of the site, and the 0.7-acre parcel lying directly north of the
west portion of the site, are improved with a single-family dwellings and numerous outbuildings, and
contain large number of motor vehicles.
27. Other neighboring land generally consists of lots and parcels ranging from 10,000-square feet to over
one (1) acre in size, developed with single-family dwellings; along with some vacant parcels. Marilyn
Koontz, a co-owner of Tract C of Short Plat No. 107-96 that makes up the east portion of the site,
owns the other two (2)tracts of the short plat lying to the north.
28. The Corbin Estates final plat located a few blocks west of the site contains single-family dwellings on
urban-sized lots,which are approximately 5,000 square feet in size or larger.
29. The land lying northwest of the site, between Sprague Avenue and Appleway Avenue, and west of
Greenacres Road, is designated in the Corridor Mixed Use category of the Comprehensive Plan, and
zoned Corridor Mixed Use (CMU).
30. A mix of commercial, industrial and residential uses are found along the south side of Appleway
Avenue in the vicinity. See aerial map, and County Assessor parcel information and maps in file.
31. Greenacres Elementary School is located a few blocks southwest of the site, at the northeast corner of
the intersection of Long Road and Fourth Avenue. Greenacres Middle School is located several blocks
northwest of the site,at the northwest corner of the intersection of Corbin Road and Appleway Avenue.
32. The City Arterial Street Plan,illustrated in Figure 24 of the Comprehensive Plan,designates Appleway
Avenue, Sprague Avenue west of Appleway, and Barker Road as Principal Arterials; and designates
Sprague Avenue east of Appleway as a Minor Arterial.
33. Appleway Avenue and Sprague Avenue in the vicinity provide access from the site to Interstate 90,
via north extending arterials (i.e. Sullivan Road, Flora Road, Barker Road).
Comments Submitted by Neichborintl Property Owners and Residents:
34. Several owners of neighboring properties expressed concerns regarding the application, including the
narrowness of Greenacres Road north of the site, the existing volume of traffic and excessive traffic
speeds along Greenacres Road, impacts to students walking along Greenacres Road to school,increased
traffic along Greenacres Road and Sprague Avenue in the vicinity, parking along Greenacres Road,
and/or congestion at the intersection of Sprague Avenue and Barker Road to the northeast. See comment
letters in Exhibits 15 and 18, and refer to testimonies of Robert Wurz and Steve Schultz.
Pertinent Policies of Comprehensive Plan:
35. In December 2016, the City adopted a new Comprehensive Plan, along with new standards for
residential development in Chapter 19.70 of the SVMC.
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 4
36. The SFR category of the Comprehensive Plan is intended to address a range of single-family
residential densities, to be implemented through a series of zoning districts that allow a range of
minimum lot sizes. See page 4-63 of the Comprehensive Plan.
37. 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.
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-Pl0 recommends that new development be connected to public sewer and water.
o. Policy U-Pl recommends the efficient co-location of new utilities. Policy UL-P3 promotes the
undergrounding of utility distribution lines. Policy UL-P4 recommends coordination with utility
service providers to prevent obstructions to regional utility corridors.
p. Policy P-P8 recommends planning for access to parks, trails and other open spaces in all
neighborhoods.
The Staff Report, on page 8, lists many of the same policies, along with other relevant policies; and
discusses the consistency of the proposed preliminary plat with the listed policies.
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 5
Consistency with Approval Criteria for Preliminary Plat:
37. Sections 36.70B.030 and 36.70B.040 of the Revised Code of Washington (RCW) require that a
comprehensive plan and development regulations adopted by local government under the State
Growth Management Act(GMA) serve as the foundation for project review; and that where standards
for development are specified in local development regulations, or in the absence of applicable
development regulations, are addressed in a comprehensive plan, such regulations, or the
comprehensive plan, respectively, are determinative of the standards of development for the land use
action.
38. Under RCW 36.70B.030 and RCW 36.70B.040, the Hearing Examiner cannot question the density,
lot sizes, or other dimensional features of the preliminary plat, because they comply with SVMC
Chapter 19.70, as conditioned.
39. 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.
40. 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.
41. 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.
42. 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).
43. The applicant submitted a TGDL prepared for the project by Todd Whipple, a professional traffic
engineer with Whipple Consulting Engineers, Inc. (WCE). In the TGDL, Whipple assumed that the
existing home on Lot 25 in the preliminary plat was a single-family dwelling, and estimated that
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 6
development of the remaining 24 lots in the preliminary plat would generate 24 PM new peak hour
vehicle trips and 18 new AM peak hour trips. See copy of TGDL in Exhibit 11.
44. The preliminary plat shows the existing residence on the site as a duplex dwelling. If the residence is
currently a single-family dwelling, development of the preliminary plat would generate 25 new PM
peak hour trips. However, since the duplex would access Sprague directly, only 24 dwellings in the
project would directly access Greenacres Road. See handwritten notation on Table 1 of TGDL in
Exhibit 11.
45. The TGDL estimated that 90% of the vehicle trips generated by the project would be distributed north
along Greenacres Road, and 5% would be distributed south along Greenacres Road. The TGDL also
estimated that approximately 40%of the trips reaching Greenacres Road would be distributed west on
Sprague Avenue, and 55% would be distributed east on Sprague. This equates to approximately 22
PM peak hour trips distributed north on Greenacres Road, and approximately 2 PM peak hour trips
distributed south on Greenacres Road.
46. Based on the number of estimated peak hour trips, and the distribution of such trips,the TGDL found
that the project did not meet the threshold requirement (20 or more peak hour trips added to an
intersection of arterial streets) for preparation of a more detailed TIA, under SVSS Section 3.3.1; the
project would have minimal impact on the surrounding transportation system; and street requirements
for the project should be limited to frontage improvements on Greenacres Road.
47. On June 22,2017,Ray Wright,City Traffic Engineer,issued a certificate of transportation concurrency
for the project for 25 new PM peak hour trips; subject to the applicant paying a"voluntary impact fee"
of$4,751.50 to the City toward improvements at the intersection of Sprague Avenue and Barker Road,
prior to final plat approval.
48. The MDNS issued for the project on June 23, 2017 required the applicant to pay the $4,751.50
voluntary impact fee/SEPA fee to the City, prior to final plat approval; to contribute funds for the
installation of a traffic signal or roundabout, as determined by the City, at the subject intersection. The
MDNS was not appealed.
49 The City, and Spokane County prior to incorporation of the City in 2003,collected funds over the past
several years for the improvement of the intersection of Sprague Avenue and Barker Road, from the
developers of new subdivisions. The City plans to decide on the type of traffic control device to be
installed at the intersection in 2018, during the design phase and a public review process; and then
install a roundabout or traffic signal at the intersection. The $4,751.50 impact fee charged to the
applicant is based on the 13 new PM peak hour trips the project is expected to generate at the
intersection, based on the TGDL, times a proportionate fee of $365.50 per trip. See page 4 of
Environmental Checklist Review by the Department, in Exhibit 9; and refer to testimony of Todd
Whipple.
50. The SVSS specifies a paved width of 30 feet for a local access street like ureenacres Road,it the road
carries more than 200 average daily trips (ADT). Greenacres Road currently carries approximately
220-250 ADT, which is well below the carrying capacity of a local access road under the accepted
American Association of State Highway and Transportation Officials (AASHTO) standard used by
traffic engineers. See testimony of Todd Whipple.
51 The half right of way (ROW) width required by the SVSS for a local access street extends to two (2)
feet behind the 2-foot curb, which results in a half ROW width of 19 feet required along Greenacres
Road. See SVSS page 7-8 and Table 7.3.
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 7
52. The conditions of approval recommended by the Department require the applicant to improve
Greenacres Road along the frontage of the site, an expanse of approximately 420 feet, by adding
pavement to provide an asphalt width of 31.5 feet for the road measured from the existing curb on the
west side of Greenacres Road; and installing a 2-foot wide curb, 10-foot roadside swale, and 5-foot
concrete sidewalk.
53. The Department's conditions indicate that the existing half ROW width on the east side of Greenacres
Road adjacent to the site is 30 feet,which substantially exceeds the required half width of ROW of 19
feet.
54. The paved surface of Greenacres Road is wider south of the site, because it was installed in
approximately 1977,when the area was in the unincorporated area of Spokane County and the County
Road Standards required a wider width of asphalt. The City and County road standards currently only
require a paved width of 30 feet for a Local Access road that carries more than 200 ADT.
55 The 34-foot width prescribed by the SVSS for a local access street (curb to curb) comfortably
accommodates the passage of vehicles of average size, the parking of an average size vehicle on one
side of the road, and can just accommodate the parking of an average size vehicle on both sides of the
road; assuming an average vehicle width of 7.5 feet (8.5 feet plus mirrors), and an average vehicle
parking space width of eight (8) feet. Refer to testimony of Todd Whipple.
56. The paved surface of Greenacres Road north of the site narrows to approximately 22 feet, measured
from the existing curb on the west side of the road to the existing gravel on the east side. The width of
the paved surface is substandard,but future development of the larger parcels that abut the road north
of the site would be required to widen the road. The gravel located on the east side of such segment of
the road allows some room for parking. Refer to testimony of Todd Whipple.
57. The Department's conditions require 1st Avenue in the preliminary plat to be designed and improved
to the standards set forth for a local access street in the SVSS, with no sidewalk required due to the
short length of the street.
58. The Department's conditions require 2nd Avenue in the preliminary plat to be widened to the standards
set forth for a local access street in the SVSS, including sidewalk; but allow a paved width of 28 feet
within a 35-foot to 37-foot wide ROW, considering the proximity of the road to the south border of
the site. Special requirements related to topography and slope are required for the roadway along its
length.
59. The Department's conditions require the installation of a barricade at the east end of the internal streets
in the preliminary plat, and a temporary turnaround with an access easement; respectively.
60. The conditions recommended for the project by Spokane County Fire District 1 require "No Parking-
Fire Lane" signs to be posted at the ends of the turnarounds, and along one side of the street; for both
internal public streets in the preliminary plat.
61. Children walking home from school typically do so during non-peak hours,with some parents picking
up their children. Refer to testimony of Todd Whipple. The shortest route between the project and
Greenacres Elementary School is along Greenacres Road south to Fourth Avenue; although the
shortest route to Greenacres Middle School would be along Greenacres Road to the north. The project
will provide sidewalk improvements along Greenacres Road for students who walk to school and other
pedestrians.
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 8
62. 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).
63. 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.
64. The project makes appropriate provisions for streets, students who walk only to school, pedestrians
and other non-motorized travel.
65. Randy Abrahamson, the Tribal Historic Preservation Officer for the Spokane Tribe of Indians,
submitted a letter dated May 31, 2017 to the Department, stating that"...the project area potentially
contains cultural resources which would be impacted by the proposed ground disturbing activity, and
the predictive model is a 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. See Exhibit 13.
66. 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 high risk for cultural resources and requires a
cultural survey. On the same day,Abrahamson responded by email stating "Because I archive it, and
it's high risk area."
67. On June 22, 2017, Susan Moss of WCE sent a letter to Karen Kendall requesting that the cultural
survey recommended for the project by the Spokane Tribe not be required, and explaining:
"The property is one of the last pieces of open,land, surrounded by single-family homes,
which has been worked as farm land, built upon and worked as urban land. There have
also been no locations of artifacts or bones near this site and to our knowledge none found
on any of the adjacent smaller subdivisions nor the larger subdivisions along Saltese Creek
such as Turtle Creek or Meadow View Terrace (Twin Bridges).
We have reviewed the attached copies of the Governor's Executive Order 05-05, RCW
27.44, RCW 27.48, RCW 27.53 AND RCW 43.334, and found nothing later than 2005.
These documents say nothing about private lands being mandated to have a cultural survey
done on them. Those documents are for public and tribal lands and the scavenging of
artifacts and bones already found.
We would accept a condition noting that while under construction, if there are any artifacts
and or bones found, the project will then stop work, notify the City, Tribe and the DAHP
and work with these entities to save the found artifacts,prior to continuing construction. "
See Exhibit 13.
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 9
68. The environmental checklist prepared by Susan Moss of WCE on April 14,2017,on page 13,indicated
that no places or objects listed on,or proposed for,national,state or local preservation registers known
to be on or next to the site have been identified by a"WISAARD search".
69. The Department in its conditions of approval did not require the applicant to prepare a cultural survey
of the site as requested by the Spokane Tribe; and only required that an"Inadvertent Discovery plan"
be prepared prior to any grading or construction activity, and that the applicant coordinate this with
the tribe. See page 17 of Staff Report.
70. On July 26, 2017, Randy Abrahamson sent a letter to Karen Kendall repeating the Spokane Tribe's
concern that the project area potentially contains cultural resources which would be impacted by the
proposed ground disturbing activity, and the predictive model is high risk area; and requesting the
preparation of a cultural survey and the implementation of inadvertent discovery procedures.The letter
appears to have been sent in response to notice of the MDNS emailed to the tribe by the Department
on June 23, 2017, or the notice of hearing provided by the Department on July 12, 2017.
71. The Department provided a copy of the Staff Report, pages 1-17, to the Spokane Tribe; but did not
provide the tribe with a copy of the attached exhibits; which, in Exhibit 13, includes a copy of the
letter dated June 22,2017 from Susan Moss to the Department objecting to the request from the tribe's
historic preservation officer that a cultural resources survey be prepared for the project.
72. The Staff Report, on page 10, noted that the applicant opposed the Spokane Tribe's request for a
cultural survey, and some of the reasons given by the applicant opposing the request;the tribe's request
was based on a predictive model indicating a"high risk area"according to the Washington Information
System for Architectural and Archaeological Records Data (WISAARD) map; and the Department
did not receive comments from the Washington State Department of Archaeology and Historic
Preservation(DAHP).The Staff Report did not explain why the Department rejected the tribe's request
for a cultural survey, and required only the implementation of an inadvertent discover plan for the
project.
73. There is no evidence in the record that the Department, WCE or the applicant circulated the letter
dated June 22,2017 from Susan Moss to the Spokane Tribe;which may have generated a more specific
response from the tribe on its request for a cultural survey.
74. Stacy Bjordahl, legal counsel for the applicant, objected to the request from the Spokane Tribe of
Indians that a cultural resources survey be prepared for the project,but indicated that the applicant had
no objection to the request for an inadvertent discovery plan as specified on page 17 of the Staff Report.
Ms.Bjordahl testified that the correspondence from the tribe did not provide a sufficient basis or nexus
to require a cultural resources survey to be conducted; her discussions with Department staff before
the hearing indicated that the Spokane Tribe generally considers the entire Spokane Valley, a very
large geographic area, to be part of the "high risk area" for the location of cultural resources on
development sites; and the site has a history of being farmed and plowed, with various subsurface
disturbances over the years, and no artifacts have been identified or recovered.
75. The applicant and the Department did not submit expert testimony from a professional archaeologist
to rebut the information provided by the Spokane Tribe regarding the potential for finding cultural
resources on the site.
76. RCW Chapter 27.44 requires the protection of native Indian burial grounds and historic graves on
public and private ground; including making it a Class C felony to intentionally damage or sell any
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 10
cairn or grave of any native Indian, or any glyptic or painted record of any tribe or peoples. See RCW
27.44.040.
77. RCW 27.44.050 authorizes an Indian tribe or enrolled member to bring a civil action to secure an
injunction, damages or other appropriate relief against any person who is alleged to have violated
RCW 27.44.040.
78. RCW 27.53.060 makes it unlawful for any person, firm, corporation, or any agency or institution of
the state or a political subdivision to knowingly remove, alter, dig into, or excavate by use of any
mechanical, hydraulic, or other means, or to damage, deface or, destroy any historic or prehistoric
archaeological resource or site, or remove any archaeological object from such site, without having
obtained a written permit from the director of the DAHP; except that the DAHP may not issue a permit
for Indian graves or cairns, or any glyptic or painted record of any tribe or person, or historic graves
as defined in RCW Chapter 68.05, the disturbances of which are a class C felony punishable under
9A.20 RCW(also under RCW 27.44.040, as referenced above).
79. RCW 27.53.070 encourages field investigation on privately owned land to be conducted by
professional archaeologists, and encourages the reporting of the location of archaeological sites or
resources to the DAHP.
80. RCW 27.53.090 makes any violation of RCW 27.53.060 a misdemeanor. RCW 27.53.095 authorizes
the DAHP to issue civil penalties for the violation of RCW 27.53.060, for amounts up to $5,000.
81. The elements of the environment protected by SEPA and the City's local environmental ordinance
include "historic and cultural preservation". This includes protected native Indian cultural resources.
Environmental impacts that are "remote" or "speculative" are not protected. See WAC 197-11-
444(2)(b)(vi), and Part 1.B.13 (Historic and cultural preservation) on page 13 of Department's SEPA
Checklist form; and Klickitat Citizens against Imported Waste v. Klickitat County, 122 Wn.2d 619
(1993).
82. SVMC 21.20.150.D.1.d. adopts the SEPA policy"Preserve important historic, cultural, and natural
aspects of our natural heritage"to serve as the basis for the imposition of mitigating conditions as set
forth in SVMC Chapter 21.20 (State Environmental Policy Act). State law specifically requires the
preservation of certain Indian cultural resources and artifacts on both private and public lands.
83. SVMC 21.20.070.B.2 requires the City to circulate threshold determinations and the environmental
checklist for development to affected tribes, and allows affected tribes to timely respond to such
environmental documents.
84. SVMC 21.50.020.280 (Archeological and Historical Resources), a part of the City Shoreline Master
Program, requires the preparation of a cultural resources site survey or assessment prepared by a
qualified professional for all shoreline permit applications that have archaeological and historic
resources es on site that are either recorded at the DAHP or Spokane County; whose such resource types
have been inadvertently uncovered on the site; or the permit contains a ground-disturbing component,
and the project is an area mapped as having the potential for the presence of archaeological, historic
or cultural resources.
85. The Hearing Examiner conducted a brief review of past preliminary plat decisions issued by the
Examiner for Spokane Valley over the last several years, regarding conditions of approval
recommended by the Spokane Tribe regarding cultural resources. The tribe has, on numerous
occasions, requested that a cultural resources survey be conducted for preliminary plat proposals; but
in several cases advised that no cultural resources are expected to be found on the development site,
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 11
and requested only an inadvertent discovery plan for the project, or did not comment on the project.
In some cases, the Hearing Examiner found that no likelihood had been shown by the Spokane Tribe
for the discovery of Indian cultural resources on the development site,and required only an inadvertent
discovery plan. See, e.g. Hearing Examiner decisions in File Nos. SUB-2017-0004, SUB-2017-0003,
SUB-2017-0002, SUB-2017-0001, SUB-2016-0005, SUB-2016-0001, SUB-2014-0003, SUB-02-10,
SUB-01-10, SUB-03-09, and SUB-05-08.
86. SVMC 20.20.100 and RCW 58.17.110 require that proposed subdivisions, in relevant part, make
appropriate provision for the public health, safety and general welfare, and for requirements found to
be necessary and appropriate, and for which written standards and policies have been adopted; serve
the public use and interest; and conform with all applicable code provisions. This includes the
preservation of native Indian cultural resources, and other historical resources and artifacts, that are
protected by state or federal law.
87. The application was not circulated to the DAHP, or required to be circulated to the DAHP; and the
DAHP did not submit any comments regarding the project.
88. Native Indian tribes and the DAHP closely guard disclosure of the location of Indian cultural resources
and artifacts, to prevent them from being dug up and sold or damaged. However, when the Spokane
Tribe's request for a cultural survey is questioned by the Department or an applicant, the tribe needs
to do more than indicate that their "predictive model" shows a development site to be a "high risk
area,"for projects in Spokane Valley located outside the shoreline area.
89. To base a request for a cultural survey for a land use application that is not a shoreline application,the
Spokane Tribe needs to disclose sufficient details regarding its modeling, the data inputted into its
model, and/or the reliability of its modeling to allow the Department to objectively determine that
native Indian cultural resources or artifacts may be found on the development site or nearby land, i.e.
a high potential or likelihood of discovery; granting due deference to the qualifications of the tribal
historic preservation officer. This does not require the tribe to disclose the exact location of a known
or suspected artifact, or describe the known or suspected artifact to the Department with particularity,
which may then become public knowledge.
90. A preliminary plat recently heard by the Hearing Examiner for Spokane County, where WCE was the
applicant, provides one example of how the process for requesting the preparation of a cultural
resource survey is workable for all parties. In such case, the DAHP advised that in its professional
opinion the project area has a high potential for containing archaeological sites, and requested the
preparation of a professional archaeological survey of the project area prior to any ground disturbing
activities. The DAHP noted that the project area lies within 1,000 feet of two previously recorded
archaeological sites, and together with the proximity of the Spokane River,indicated a high probability
for containing archaeological resources. A professional survey was prepared for the project, but no
native Indian artifacts were discovered; possibly because the site had been cultivated and significantly
disturbed by residential and agricultural development over the years. The Hearing Examiner adopted
the DAHP's recommendation for an inadvertent discovery plan for the project.
91.A condition of approval should be imposed for the project that requires the Department,prior to final
plat approval, to further consult with the Spokane Tribe of Indians, and with the applicant and DAHP
as appropriate, to determine the likelihood of any native Indian cultural resources being found on the
project site; and that if the Department determines from such consultation process that the site has a
high potential for the presence of such resources, the applicant shall submit a professional
archaeological survey to locate, identify and protect such resources. See Department condition#4 on
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 12
pages 12-13 of Hearing Examiner decision dated December 5,2016 in File No. SUB-02-10 (Trailside
at Coyote Rocks preliminary plat). This is in addition to the inadvertent discovery requirement that
the Department recommended for the project.
92. 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.
93. The County Environmental Services certified the availability of public sewer for the project, as
conditioned. Consolidated Water District #19, and Spokane County Fire District 1 certified the
availability of water for potable water and fire flow for the project as conditioned, respectively.
94. The environmental checklist submitted by the applicant, and the MDNS 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.
95. 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.
96. As conditioned, the preliminary plat application complies with the direct concurrency requirements
set forth in SVMC Chapter 21.20 (Concurrency).
97. 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.
98. The preliminary plat and dedication, as conditioned, substantially conform to the Comprehensive Plan
and will serve the public use and interest.
99. 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.
Based on the above findings of fact, the Hearing Examiner enters the following:
M. 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 Department should be required to further consult with the Spokane Tribe of Indians regarding the
need for a cultural resources survey for the project.
3. Minor revisions should be made to the conditions of approval;to assure proper formatting, clarity and
consistency with the findings of fact above.
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 13
4. 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.
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 June 26, 2017, and shall have a maximum of 25 residential lots; unless a
preliminary plat modification is approved pursuant to Spokane Valley Municipal Code (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 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
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 lands actually surveyed. A
survey is required for all final plats. All surveys shall comply with RCW Chapter 58.09 (Survey
Recording Act) and Washington Administrative Code (WAC) Chapter 332-130 (Survey and Land
Descriptions).
5. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), the preliminary plat approval
automatically expires five (5) years after preliminary approval is granted, unless a time extension is
approved for the preliminary plat.The expiration date for the current preliminary plat is September 27,
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.
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 14
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, the applicant or successors in interest shall comply with
the following requirements:
SPOKANE VALLEY BUILDING&PLANNING DIVISION:
1. Submit a final plat that complies with all submittal requirements specified in SVMC 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. The following addresses have been assigned and shall be designated on the final plat:
Lot Address
Lot 1 21 S Greenacres Road
Lot 2 18305 E 1st Avenue
Lot 3 18311 E 1st Avenue
Lot 4 18315 E 1st Avenue
Lot 5 18317E 1st Avenue
Lot 6 18323 E 1st Avenue
Lot 7 18326 E 1st Avenue
Lot 8 18320E 1st Avenue
Lot 9 18318E 1st Avenue
Lot 10 18314 E 1st Avenue
Lot 11 18308 E 1st Avenue
Lot 12 18304E 1st Avenue
Lot 13 18303 E 2nd Avenue
Lot 14 18307 E 2nd Avenue
Lot 15 18309 E 2nd Avenue
Lot 16 18319 E 2nd Avenue
Lot 17 18325 E 2nd Avenue
Lot 18 18327 E 2nd Avenue
Lot 19 _ 18403 E 2nd Avenue
Lot 20 18407 E 2nd Avenue
Lot 21 18411 E 2nd Avenue
Lot 22 18417 E 2nd Avenue
Lot 23 18421 E 2nd Avenue
Lot 24 18427 E 2nd Avenue
Lot 25 18414 E Sprague Avenue
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 15
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 is submitted. All documents (plans, reports, etc.) shall be submitted through the
Building Department Permit Center located at 10210 E. Sprague Avenue, Spokane Valley, Washington.
3. Sprague Avenue is designated as a Minor Arterial street, and frontage improvements are not required
for such street.
4. Greenacres Road is designated as a Local Access street, and frontage improvements are required per
SVSS Chapter 2 and are described below. Existing utilities shall be relocated to 2 feet behind the
sidewalk. The following requirements apply:
a. A minimum pavement width of 31.5 feet measured from the existing face of Type"A"curb on the
west side of Greenacres Road. The new face of Type"B" curb should be located 33 feet from the
existing face of Type "A" curb.
b. A 2-foot-wide Type "B" curb and gutter per SVSS Standard Plan R-120.
c. 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.
d. A 5-foot-wide concrete sidewalk per SVSS Standard Plan R-103.
5 The following criteria determines the right of way (ROW) and border easement dedications for
Greenacres Road under 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.
i. ROW dedication is not required.
c. Based on the minimum pavement section identified above, a border easement does not appear to
be required.
i. If the proposed pavement section included in the preliminary plat application is specified,
a border easement shall extend from the ROW to the back of proposed sidewalk.
ii. Note: building setbacks begin at the edge of border easement.
6. 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.Where streets end at the plat boundary,the right-of-way and border easements shall
continue to the plat boundary. The following requirements apply, except as noted:
a. 1st Avenue: designed as a local access public street per Typical Street Section R-120.
i. Dedications shall extend to the easterly plat boundary.
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 16
ii. No sidewalk is required.
iii. Border easements shall be taken to back of roadside swale.
iv. Barricade per Standard Plan R-142 (no future connection sign required).
v. Public temporary turn-around with access easement shall be per Standard Plan R-132.
b. 2nd Avenue: Designed as a local access public street per Typical Street Section R-119. The
following requirements apply:
i. 2nd Avenue shall be super-elevated(sloping south to north) from Greenacres Road to the
east boundary of existing Parcel 55191.0536.From this point, the 2nd Avenue road section
shall transition to a typical crowned section for its remainder to the east plat boundary.
1) For the super-elevated section, provide Type "S" curb per Standard Plan R-102 with
the edge of curb set 1-foot minimum from the southerly plat boundary.
2) For the crowned section, a V-ditch shall be provided on the south side to capture half-
street stormwater runoff.
ii. Dedications shall extend to the easterly plat boundary.
iii. A barricade is required per Standard Plan R-142 (no future connection sign required).
iv. A public temporary turn-around with access easement is required per Standard Plan R-132.
c. Deviations: For 2nd Avenue's proposed super-elevated section.
7. Prior to final plat approval, the applicant shall pay a voluntary transportation impact fee of$4,751.50
to the City of Spokane Valley for the Sprague Avenue/Barker Road intersection improvements project
that is included in the 2017 Transportation Improvement Plan.
8. 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.
9. The driveway approach design shall follow the 2009 SVSS, or as amended.
10. 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.
11. For the General Construction Notes, use those contained in the SVSS Appendix 4A and not those
contained 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 outside 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 procedures:
a. Discuss with the purveyor the proposed work including private services,utility improvements,and
any relocations and adjustments as well as the costs for these activities;
b. When utility relocations are required, obtain from the purveyor a written statement that they
acknowledge and concur with or have alternatives for the needed work; and
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 17
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 this requires an engineered design,
copies of the approved sewer and water plans shall be submitted to Development Engineering. The
civil plans for the project shall show the extents of pavement removal and replacement.
14. All new dry wells and other injection wells shall be registered with the Underground Injection Control
program(UIC)at the Washington State Department of Ecology(WDOE),prior to use.Discharge from
the well(s)shall comply with the groundwater 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:
http://www.ec\.wa.gov/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 will need to be obtained from the WDOE if the following
conditions apply:
a. The construction project disturbs one(1) or more acres of land(area is the cumulative acreage of
the entire project whether in a single- or in a multiphase project), and;
b. Stormwater could possibly run off the site during construction and into surface waters or
conveyance systems that lead 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 the following website:
hitt p://www.ec v.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, a sign shall be securely posted 48 hours prior to construction
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 or silt
traps, shall be installed prior to the start of site work and maintained throughout the duration of
construction and until the site has stabilized.
20. All survey monuments shall be protected during construction. Any disturbed or damaged monuments
shall be replaced prior to certification/fmal 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.
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 18
22. Upon completion of the improvements, a Construction Certification package and record drawings for
the improvements shall be submitted and must be approved prior to fmal 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.
24. ROW dedication and border easements shall be designated on the final plat map.
25. Plat language will be determined at the time of fmal plat submittal. Contact Development Engineering
after civil plan approval and/or prior to first submittal of final plat to obtain plat language.
SPOKANE COUNTY FIRE DISTRICT 1 (SPOKANE VALLEY FIRE DEPARTMENT):
1. One (1)new fire hydrant is required on the east side of the intersection of 2nd Avenue and Greenacres
Road.
a. Hydrants shall stand plumb. The traffic breakaway flange shall be set at the finished curb/grade
elevation,with the lowest outlet of the hydrant no less than 18 inches above the curb grade.A clear
area shall be provided around the hydrant of not less than 36 inches as measured from 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(3) 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. Provide a water plan showing location of required hydrant and size of water main.
3. Addresses shall be posted so they are visible from the ROW during and after construction. Address
numbers shall be a minimum of 4 inches tall, and contrasting to the background.
4. A new street sign shall be provided at intersections.
5. 'Fire apparatus access road/driveways and turnarounds shall be posted as"No Parking-Fire Lane"for
the following streets and locations:
a. Access 20 to 26 feet wide posted on both sides.
b. Access 26 to 32 wide feet posted on one side.
c. A the enus of turnarounds.
6. The turnarounds appear adequate as drawn, and shall meet the specifications set forth in Appendix D
of the 2015 International Fire Code (IFC).
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
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 19
connect to the sewer and pay applicable charges per the Spokane County Sewer Ordinance.
Sewer connection permits shall be required. All existing uses, not currently connected to
the sanitary sewer system, are required to be connected."
2. The applicant shall submit expressly to the 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 Department shall be submitted prior to the submittal of a final plat.
4. 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.
5. 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
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.
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
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 20
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."
WASHINGTON STATE DEPARTMENT OF ECOLOGY:
1. Proper erosion and sediment control practices shall be used on the construction site and adjacent areas
to prevent upland sediments from entering surface water. Local stormwater ordinances provide
specific requirements. Refer also to the Stormwater Management Manual for Eastern Washington,
which is available online at:
ht tory://www.ecv.wa.gov/programs/wq/stormwater/eastern_manual/manual.html
All ground disturbed by construction activities shall 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 Underground Injection Control
program(UIC)at Department of Ecology prior to use and the discharge from the well(s)must comply
with the groundwater quality requirement (non-endangerment standard) at the top of the groundwater
table. Contact the UIC staff at UIC Program, Department of Ecology, P.O. Box 47600, Olympia,WA
98504-7600, (360) 407-6143 for registration forms and further information or at:
httpp://www.ecv.wa.gov/programs/wq/grndwtr/uic/registration/rea info.html
3. Construction debris shall be disposed of in a manner that does not allow it to 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.
AVISTA UTILITIES:
1. The fmal plat shall include a 10-foot utility easement behind the border easement along the public
roads.
2. Any relocation of services shall require consultation with Avista's Construction Services Department,
and be conducted at the owner's expense. Contact Mike Truex at (509) 495-2991, and Ted Hermann
at(509)495-2542.
3. The fmal plat dedication shall state:
"Easements for 'dry' utilities(electric, gas,phone, fiber, cable TV)as shown on the herein
described plat are hereby dedicated for the use of serving utility companies for the
construction, reconstruction, maintenance, protection, inspection, and operation of their
respective facilities, together with the right to prohibit changes in grade over installed
underground facilities; and the right to prohibit, trim and/or remove trees, bushes,
landscaping, without compensation and to prohibit brick, rock, or masonry structures that
may interfere with the construction, reconstruction, reliability, maintenance, and safe
operation of same. Storm drain dry wells and Water Meter boxes shall not be placed within
the 'Dry' easements; however, lateral crossings by storm drain, water and sewer lines are
permitted. Serving utilities reserve the right to cross border easements or future right-of-
way acquisition areas."
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 21
4. The applicant shall request an open ditch inspection from the Avista Real Estate Depthtuient at
(509)495-2325 prior to utility placement,to verify that utilities are being placed within the easements
shown on the preliminary plat.
SPOKANE TRIBE OF INDIANS:
1. An Inadvertent Discovery plan shall be prepared prior to any grading or construction activity. The
applicant shall coordinate with the Spokane Tribe of Indians and the City.
2. 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. See Findings of Fact#'s 70-91 on pages 10-12 of decision.
DATED this 27th day of September, 2017
SPOKANE VALLEY HEARING EXAMINER
Mdal C. ta-i-vidr-
Michael C. Dempsey,WSBA#8235
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 for appeal purposes is three (3) days after
it is mailed.
On September 27, 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 Monday, October 2,2017, counting
to the next business day.
THE APPEAL CLOSING DATE FOR THIS PRELIMINARY PLAT DECISION WILL BE
OCTOBER 23, 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.
HE Findings, Conclusions and Decision File No. SUB-2017-0006 Page 22
After the appeal period,the file may be inspected at the City of Spokane Valley Community
Development Department-Planning Division, 10210 E. Sprague Avenue, Spokane Valley, WA,
99206; by contacting Karen Kendall at (509) 720-5026. 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-2017-0006 Page 23