SUB-2017-0007 Signed_Scanned Decision CITY OF SPOKANE VALLEY HEARING EXAMINER
PRELIMINARY PLAT OF THE WILLOW FINDINGS OF FACT, CONCLUSIONS OF
VALLEY SUBDIVISION LAW,AND DECISION
APPLICANT: INLAND PACIFIC
DEVELOPMENT, LLC
FILE NO. SUB-2017-0007
I. SUMMARY OF DECISION
Hearing Matter: Application for a preliminary plat to divide 3.68 acres into 22 residential lots in the
Single Family Residential (SFR) category of the Spokane Valley Comprehensive Plan("Comprehensive
Plan") and the Single Family Residential Urban District("R-3") zone of the Spokane Valley Municipal
Code (SVMC).
Summary of Decision: Approved, subject to conditions. The preliminary plat, as conditioned,will
expire on January 26, 2023, unless an application for a time extension application is submitted at least
30 days prior to such expiration date.
II. FINDINGS OF FACT
Procedural Matters:
1. On October 26, 2018, Inland Pacific Development, LLC ("applicant") submitted a complete
application for the preliminary plat of The Willow Valley Subdivision to the Building and
Planning Division of the City of Spokane Valley("City") Community&Economic Development
Department("Department") to divide 3.68 acres of land into 22 residential lots in the R-3 zone.
2. The staff report incorrectly states on page 1 the area of land to be 3.86 acres rather than 3.68
acres.
3. The site is located approximately 500 feet east of the intersection of Cataldo Avenue and
Tschirley Road in Spokane Valley,Washington.
4. The site is designated as Spokane County Assessor tax parcel no. 55182.1923. The address of the
site is 17605 E. Cataldo Avenue. The property is located in the northwest quarter of Section 18,
Township 25 North, Range 45 East, Willamette Meridian, Spokane County, Washington.
5. The applicant and property owner is Inland Pacific Development, LLC, which has a mailing
address of 12720 E. Nora Avenue, Suite E, Spokane Valley, WA 99216.
6. On December 15, 2017, the Depat anent issued a determination of nonsignificance (DNS) for the
application under SVMC Chapter 21.20 (State Environmental Policy Act [SEPA]). The
Department 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.
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2017-0007 1
7. On January 11, 2018, the Hearing Examiner Pro Tem held a public hearing on the application.
The Hearing Examiner Pro Tern conducted a site visit in the morning,just prior to the hearing.
8. The notice requirements for the public hearing, set forth in SVMC Chapter 17.80, were met by
the applicant and the Department, respectively. See Staff Report, page 2.
9. The Hearing Examiner Pro Tem 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:
Martin Palaniuk and Lori Barlow Casey Mason
City Community Development Department Inland Pacific Development, LLC
10210 E. Sprague Avenue 12720 E. Nora Avenue
Spokane Valley, WA 99206 Suite E
Spokane Valley, WA 99216
Mamdouh El-Aarag
9702 W. Masters Lane
Cheney WA 99004
11. The Hearing Examiner Pro Tern takes notice of the Comprehensive Plan, SVMC, City of
Spokane Valley Street Standards (SVSS), Spokane Regional Stormwater Manual(SRSM), other
applicable development regulations, and prior land use decisions for the site and neighboring
land.
12. Exhibits 1-13 listed below are attachments to the Staff Report, which the Department placed in
the file before the hearing. Exhibits 14 and 15 listed below were submitted at the hearing by
Martin Palaniuk, Planner with the City Community Development Department.
• Exhibit 1: Vicinity Map
• Exhibit 2: Zoning Map
• Exhibit 3: Comprehensive Plan Map
• Exhibit 4: Aerial Map
• Exhibit 5: Application Submittal
• Exhibit 6: Preliminary Plat Map of Record
• Exhibit 7: Determination of Completeness
• Exhibit 8: Notice of Application Materials
• Exhibit 9: SEPA Determination
• Exhibit 10: SEPA Checklist
• Exhibit 11: Trip Generation and Distribution Letter(TGDL)
• Exhibit 12: Notice of Public Hearing Materials
• Exhibit 13: Agency Comments
• Exhibit 14: Planning Depaitinent Presentation
• Exhibit 15: Public Comments
13. The record includes the documents in the application file ("file") at the time of the hearing,
Exhibits 1-14, the electronic recording of the hearing by Hearing Examiner Pro Tern staff, the
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2017-0007 2
sign-in sheet for the hearing, an email received by the Della'invent on the morning of the hearing
expressing concerns about the development, and the items taken notice of by the Hearing
Examiner Pro Tem.
Description of Site:
14. The site consists of single parcel totaling 3.68 acres. The terrain is relatively flat with little to no
slope. The site is covered with grass, weed, and shrubs. There are no water features or critical
areas on the site.
15. Historically the southern portion of the site has been used as a single-family residence with
accessory structures with the north portion used as farmland or pasture. The single-family
residence and accessory structures have been demolished.
Description of Proposed Project:
16. The subdivision will divide 3.68 acres into 22 residential lots. The site lies north of and adjacent
to Interstate 90 (I-90)between Flora Road and Long Road with Boone Avenue to the north and
Cataldo Avenue to the south. Spokane County owns the right-of-way(ROW) along the south
side of Boone Avenue and is not allowing a connection to Boone Avenue because of future plans
for a multi-modal pathway in this area. A public road will extend north from Cataldo Avenue to
an intersection where the public road will extend east into a cul-de-sac and west to the plat
boundary for future street connection. The streets will be constructed as local access streets with
curb, gutter, swale, and sidewalks. The swale and sidewalks will be located within border
easements. Improvements will be required along Cataldo to include curb, gutter, sidewalk, and
swale.
17. The preliminary plat map of record submitted on October 26, 2017 ("preliminary plat map" or
"map") illustrates 22 residential lots ranging from 5,011 to 8,518 square feet in size and with an
average lot size of 5,809 square feet.
18. During the hearing the Applicant indicated a proposed design change that would eliminate the
sidewalk within the cul-de-sac. Handicapped ramps will be installed on the each radius at the
outside of the cul-de-sac (Lots 7 and 12), which the Applicant and Applicant's Engineer indicate
would be compliant with the 2009 SVSS. Testimony of Casey Mason &Mamdouh El-Aarag.
Land Use Designations and Surrounding Conditions for Site and Neighboring Land:
19. The site and neighboring land are designated in the SFR category of the Comprehensive Plan and
are zoned R-3.
20. To the south, I-90 is adjacent to the site across Cataldo Avenue. The land to the east and west
also includes agricultural fields.
21. The site is surrounded by single-family residential development with lots that are predominantly
one-half acre or larger in size. Residential development has recently occurred in the vicinity of
the site to include a number of subdivisions: Greenacres Valley Estates, Cascade Valley, and
Basecamp subdivisions. The subdivisions are a mix of single-family and duplex homes with an
approximate density of three to six units per acre.
Findings of Fact, Conclusions of Law,and Decision File No. SUB-2017-0007 3
22. 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.
Public Comments:
23. An email was received by the Department the morning of the public hearing expressing concerns
about traffic impacts, overcrowding schools, and development density. See Exhibit 15.
Consistency with Comprehensive Plan:
24. The property is designated as Single Family Residential under the comprehensive plan. This
designation addresses a range of residential densities from one dwelling unit per acre to six
dwelling units per acre. See Staff Report,p. 7. The R-1, R-2, and R-3 districts of the SVMC are
intended to implement the SFR designation. See id
25. The proposed subdivision is a low-density residential development that is consistent with its R-3
zoning and the SFR designation under the comprehensive plan. The neighborhood is
characterized by single-family dwellings on larger lots. See Staff Report, p.7. However, there are
also pockets of denser single-family development in the immediate area. See id. The proposed
development will blend well with the existing neighborhood given these characteristics. The
proposed density of Willow Valley is less than 6 units per acre, and the project will be required
to satisfy the city's design standards for this type of use. As a result, the project promotes the
objectives of Policy LU-G1,which seeks to maintain and enhance the character and quality of
life in Spokane Valley. See id.
26. The proposed development also addresses the transportation policies of the comprehensive plan.
Pedestrian and street improvements will be made along the frontage of Cataldo Avenue and
along the new public streets. See Staff Report, p. 8. Separated sidewalks will be installed on both
sides of interior streets. See id. In addition, the project is conditioned on satisfaction of
community standards. These aspects the development ensure that the neighborhood is served by
safe and convenient transportation routes, as intended by Policies LU-P8 and T-P6. See id.
Similarly, the project fulfills Policy T-P9, which seeks to provide quality streets and sidewalks
surfaces in order to ensure a safe environment for all users. See id.
27. By developing 22 new single-family lots, the project creates additional housing opportunities to
meet the needs of the community. See Staff Report, p. 8. The project therefore promotes the
intent of Goal H-G1, which seeks to allow a broad range of housing options. See id.
28. The proposed subdivision, as conditioned, is also consistent with the various development
standards set forth in the comprehensive plan. For example, a storm water system will be
designed to protect the aquifer, consistent with Policy CF-P10. The project will be connected to
public water and sewer, per Policy CF-P13. Project conditions will ensure that the project
properly accounts for the need for emergency access and water supply/pressure, in accordance
with Policy CF-P3. The project will also satisfy the other standards, as described by the Staff.
See Staff Report, pp. 8-9.
Findings of Fact, Conclusions of Law,and Decision File No. SUB-2017-0007 4
Consistency with Zoning:
29. The property proposed for development is zoned R-3, Single Family Residential Urban District.
Single-family residential uses are outright permitted in this zone. See SVMC 19.60.050
(permitted use matrix). However, any residential development must meet the minimum lot size,
density, setback, maximum lot coverage, and building height requirements of the zone. See Staff
Report,p. 3.
30. The proposed preliminary plat satisfies the development standards that are applicable at this
stage. The minimum lot size in the R-3 zone is 5,000 square feet. See SVMC Table 19.70-1. The
preliminary plat satisfies this requirement by designing lots that range from 5,011 square feet to
8,518 square feet in size. See Staff Report, p. 3.
31. The proposed preliminary plat also adheres to the applicable density standards. The maximum
allowed density in the R-3 zone is 6 dwelling units per acre. See SVMC Table 19.70-1. The
applicant proposes to divide 3.68 acres into 22 residential lots. See Staff Report,p. 3. This results
in a gross density of 5.9 units per acre, which is under the density threshold. See id.
32. The other development standards, such as building height and setbacks, will be addressed at the
building permit stage. See Staff Report,p. 4. The developer will be required to satisfy those
standards in order to obtain building permits.
Consistency with Subdivision Regulations:
33. The project is consistent with and promotes the public health, safety, and welfare, as required by
SVMC 20.20.100(A). The proposed development is consistent with the comprehensive plan
policies and the provisions of the R-3 zone. Thus, the project generally advances both the long-
term and short-term goals for the land. The proposal will put undeveloped land to productive use
and will provide additional housing opportunities for the community. Various permits must be
obtained in order to allow the project to move forward, and thus the development must adhere to
additional standards prior to proceeding. See Staff Report, p. 5. There is also a myriad of project
conditions designed to protect the public interest and ensure that the project complies with
applicable development regulations.
34. The project makes appropriate provisions for open space. See SVMC 20.20.100(B). The
proposed subdivision must adhere to the municipal code requirements regarding setbacks and lot
coverage. Adherence to these standards will ensure that an appropriate amount of open space is
incorporated into this development. See Staff Report, p. 5. To the Hearing Examiner Pro Tern's
knowledge, the municipal code does not mandate that additional open space be set aside to
support this project. Given that compliance with the usual development standards will address
the need for open space, the Hearing Examiner Pro Tem concludes that this criterion is met.
35. The project makes appropriate provisions for drainage ways. See SVMC 20.20.100(C). All
drainage from the project will be managed in accordance with the SRSM. See Staff Report,p. 5.
Thus, stormwater treatment will be grass infiltration areas and handled in accordance with the
SRSM. See Exhibit 10, p. 6. After the required treatment, the stormwater will be directed
subsurface through dry wells. See id. The plans for the drainage system must be reviewed and
approved before the project may proceed. See Staff Report,p. 5.
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2017-0007 5
36. The subdivision satisfies the requirements for streets and roads, alleys, sidewalks, and other
public ways. See SVMC 20.20.100(D). The streets, roads, and sidewalks of the proposed
subdivision will be constructed to city standards, and that requirement has been incorporated as a
condition of approval. For example, the roadway within the subdivision will be designed and
built as local access streets with curbs, gutters, swales, and sidewalks. See id. Half-street
improvements will be constructed along the frontage of Cataldo. See Staff Report,p. 5. Those
improvements include 15 feet of asphalt width from the street centerline to the edge of the gutter,
a 2-foot-wide curb and gutter, a 10-foot-wide roadside swale, and a 5-foot-wide concrete
sidewalk. See id.
37. The project makes appropriate provisions for public transit. See SVMC 20.20.100(E). The
nearest transit stops are approximately 1/2 mile from this development, along Barker Road. The
routes and availability of transit service are determined by the Spokane Transit Authority(STA).
See Staff Report, p. 5. The developer does not have control over the proximity or frequency of
transit service. In addition, there is no indication, in this record,that this development has any
impact on the capacity of transit service. The STA did not provide any comments regarding this
project.See id. Presumably, the STA concluded that the project is adequately served and should
not be the subject of any proposed conditions.
38. There is a public, potable water supply to serve the subdivision. See SVMC 20.20.100(F).
Consolidated Irrigation District#19 (the "District") is the local water purveyor. See Staff Report,
p. 5. The District signed a Certificate of Water Availability for the project. See Exhibit 5.
According to the certificate, the water system has sufficient capacity to serve the development.
See id. However, the developer will be required to install 25 feet of water main to connect the
water system to the proposed development. See id.
39. The subdivision will be served by a sanitary sewer system. See SVMC 20.20.100(G). A sanitary
sewer system, operated by the Spokane County Environmental Services Department(SCES), is
available for this project. See Staff Report, p. 5. SCES confirmed, through a Certificate of Sewer
Availability,that the sanitary sewer system could serve this project. See Exhibit 5. However, the
developer will be required to extend sewer service to the site and provide service connections.
See id.;see also Staff Report,p. 5.
40. The project makes appropriate provisions for parks and recreation. See SVMC 20.20.100(H).
The City's adopted level of service (LOS) standard for park area is 1.92 acres of park are per
1,000 residents. There is no evidence in this record that the proposed subdivision will negatively
affect the availability of parks or recreational areas. On the contrary, City Staff reported that the
proposed subdivision"will not impact the City's LOS standard for parks."See Staff Report, p. 5.
In addition, there are parks and recreational areas in the vicinity. The nearest recreation facility is
Greenacres Park, which is located across Boone Avenue and adjacent to the northwest corner of
the site. See id. Sullivan Park is located 1.5 miles from the site. See id. In addition,the
Centennial Trail can be accessed where Mission Road terminates at the Spokane River, about 3/4
mile from the site. See id. There are sufficient parks and recreation facilities to support this
development.
41. The project makes appropriate provisions for playgrounds, schools, and school grounds. See
SVMC 20.20.100(1). The record reflects that there are more than sufficient playgrounds, school
grounds, and schools to support this relatively modest-sized residential development. The site is
located in the Central Valley School District. See Staff Report, p. 5. The site is also within the
service area for Central Valley Kindergarten Center, Greenacres Elementary School, Greenacres
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2017-0007 6
Middle School, and Central Valley High School. See id. The Kindergarten Center is
approximately 1/2 mile from the site. See id. The Greenacres Elementary School is approximately
1 mile south of the site. See id. Greenacres Middle School is located about 1/2 mile from the site.
See id. Central Valley High School is located 1.5 miles from the site. See id. Riverbend
Elementary School, a new school that will likely open in 2018-2019, is being built approximately
'/a mile from the site. See id. All of these educational institutions are located near the proposed
subdivision. There were no comments from these institutions or members of the public
suggesting that there were insufficient playgrounds, school grounds, or schools in the vicinity.
The Central Valley School District was notified of this project and did not submit any comments.
See id.
42. The project addresses the need for sidewalks and other planning features that assure safe walking
conditions for students who only walk to and from school. See SVMC 20.20.100(J). The
developer will be installing a 5-foot sidewalk along Cataldo Avenue. See Staff Report, pp. 6 & 8.
Sidewalks will also be constructed on both sides of the interior streets. See Staff Report,p. 8. In
the Hearing Examiner Pro Tern's view, this is legally sufficient to satisfy this criterion. There is
no evidence that the proposed subdivision will impact student access to the area schools, such
that it would be appropriate to condition the project on offsite improvements to pedestrian access
routes. There are certainly pre-existing challenges in that regard. For example, Interstate
Highway 90 lies between the project site and the schools, creating a major barrier to walking to
school.See Staff Report, p. 6. This is not a problem that was created by the proposed
subdivision. Under the circumstances, the developer is properly addressing this concern by
making the necessary onsite improvements.
43. The proposed subdivision serves the public interest. See SVMC 20.20.100(K). The proposed use
is consistent with the long-term planning in the city. See Staff Report, p. 6. The project will
result in new housing opportunities, helping to meet the needs of the community and the
forecasted population. See id. The development will create new roadways with curbs, gutters,
swales, and sidewalks, resulting in additional vehicular and pedestrian access in the
neighborhood. See id. There are various conditions on the development that both protect the
public interest and ensure that the project is completed without causing significant impacts.
44. The proposed subdivision is in conformity with the all applicable development code provisions.
See SVMC 20.20.100(L). The Hearing Examiner Pro Tern agrees with the Staff that proposed
subdivision satisfies the applicable development codes. See Staff Report, p. 6. Neither the
Hearing Examiner Pro Tern's review of the matter nor the testimony or evidence presented at the
hearing suggested that the project deviates from the applicable development standards.
45. The proposal makes appropriate provisions for other requirements found to be necessary and
appropriate and for which written standards and policies have been adopted. Sec SVMC
20.20.100(M). The project, as conditioned, satisfies the applicable standards and policies, as
stated previously. The project is consistent with the goals and polices of the comprehensive plan.
The project, as conditioned, meets the requirements of the development standards. In addition,
the project includes detailed conditions that incorporate the comments of all responding agencies
or departments. To the Hearing Examiner Pro Tern's knowledge, the proposal does not deviate
from any other standards or policies.
Findings of Fact,Conclusions of Law, and Decision File No. SUB-2017-0007 7
Consistency with Concurrency Standards:
46. Under the concurrency standards of the municipal code, adequate public facilities must be
available when the service demands of development occur. See Staff Report, p. 7. More
specifically, the municipal code states that concurrency must be evaluated for transportation,
water, and sewer. See SVMC 22.20.010(A).
47. On December 11, 2017, the developer's traffic engineer submitted a TGDL in support of the
project. See Exhibit 11. The analysis provided the City with data regarding the traffic that will
likely be generated by the proposed development. On December 12, 2017, after considering the
matter, the Spokane Valley Senior Traffic Engineer issued Certificate of Transportation
Concurrency. See Exhibit 11. The Certificate confirms that the City reviewed the development
and determined that sufficient roadway capacity either exists or will exist in order to
accommodate the traffic anticipated from the proposed subdivision. See id.
48. On October 17, 2017, Consolidated Irrigation District#19 signed a Certificate of Water
Availability for the project. See Exhibit 5. The Certificate confirmed that the water system has
the capacity and is authorized to provide water to the proposed subdivision. See id. The
Certificate further states that the developer will be required to make the necessary improvements
in order to connect the lots in the development to the water system. See id.
49. On October 18, 2017, the City of Spokane Valley's Engineering Department issued a Certificate
of Sewer Availability. See Exhibit 5. The Certificate notes that sewer is not currently available at
the site, and that sewer service to the site is not included the County's six-year Capital
Improvement Program. See id. However, the Certificate confirms that the developer will "design,
fund, construct, and provide financial surety for the necessary systems"to connect sewer service
to the development. See id.
50. The record in this case demonstrates that transportation, water, and sewer facilities are sufficient
to support the proposed development. In addition, no department or agency reported that public
facilities or services were inadequate to serve the proposed development. Testimony of M
Palaniuk.
Consistency with Environmental Controls:
51. Development of the site is not apparently limited by its physical characteristics or the presence of
environmentally sensitive conditions. For example, the site does not include any wetlands, open
waterways, riparian areas,urban open space, or habitat associated with any native species. See
Staff Report,p. 7. There are no threatened or endangered species of plants or animals on the site.
See Exhibit 10 (SEPA Checklist¶¶B(4)(c) &B(5)(b)). The site is not located within a
designated floodplain. See id., p. 6. The site is flat and does not contain any geologically
hazardous areas. See Staff Report, p. 7. A review of the SEPA checklist confirms these facts and
does not reveal any additional causes for concern. See Exhibit 10.
52. On December 15, 2017, the City of Spokane Valley and its Public Works Department, as the
lead agency, issued a DNS for this project. See Exhibit 9. The DNS was based upon a review of
the completed environmental checklist, the application, the applicable provisions of the
municipal code, a site assessment, and comments from affected agencies. See Staff Report, p. 6.
There is nothing in this record that would call the City's threshold determination into question.
There was no testimony or other evidence presented at the hearing, which established that the
Findings of Fact, Conclusions of Law,and Decision File No. SUB-2017-0007 8
project would result in significant environmental harms that would not or could not be addressed
through standard mitigating measures. In addition, any appeal of the DNS was due 14 days after
its issuance. The DNS was not appealed.
53. The proposed use of the site does not raise a genuine concern that the development will result in
significant, environmental impacts. The proposal is for a relatively small residential development
and is low density in nature. Given the absence of environmentally sensitive site conditions, the
most common concern for this type of project is traffic. However, the existing roadway has
sufficient capacity to support this development.
54. As the Staff concluded, the procedural requirements of the SVMC and the SEPA have been
fulfilled by the applicant. Moreover, the proposed subdivision, as conditioned, will not have
significant impacts on the environment that are not being addressed by project conditions.
Based on the above findings of fact, the Hearing Examiner Pro Tem enters the following:
III. CONCLUSIONS OF LAW
1. Any finding of fact above that is a conclusion of law is deemed a conclusion of law.
2. 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 on a 3.68-acre site in the R-3 zone, 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 following general conditions apply to the approval of SUB-2017-0007:
Spokane Valley Planning= Division:
1. The approved preliminary plat shall have a maximum of 22 residential lots unless a preliminary
plat modification is approved pursuant to SVMC 20.50 (Preliminary Plat, Short Plat, and
Binding Site Plan Alterations).
2. Pursuant to SVMC 20.30.060 (Extensions of Time) an application form and supporting data for
time extension requests must be submitted to the Director at least 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
Findings of Fact, Conclusions of Law,and Decision File No. SUB-2017-0007 9
requirements of the preliminary plat approval or that occurs without approval, shall be
considered a violation of RCW Chapter 58.17, and shall be restrained by injunctive action and
shall be illegal, as provided in RC W 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 the preparation of all preliminary and
final subdivisions be made by or under the supervision of a professional land surveyor. The
professional land surveyor shall certify on the final plat that it is a true and correct representation
of the lands actually surveyed. A survey is required on all final plats. All surveys shall comply
with the Survey Recording Act(RCW 58.09), Survey and Land Descriptions (Washington
Administrative Code [WAC] 332-130).
5. SVMC 20.30.050 (Expiration of Preliminary Approval) stipulates that preliminary plat approval
automatically expires five years after preliminary approval is granted unless a time extension is
approved for the project. If a request for an extension of time is not 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
with the Spokane County Auditor's Office the final plat, 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 Planning Division:
1. Submit a final plat application that complies with all submittal requirements specified in SVMC
20.40.
2. Submit a final plat containing the following note on the face of the plat: "All lots within this plat
shall comply with the building setback requirements, maximum building height standard,
maximum lot coverage standard, and other applicable lot development standards for the R-3
zoning district or successor zoning designation to the extent permitted by Washington State law
in effect at the time of building permit application."
Spokane Valley Building Division:
1. The following addresses have been suggested by the Spokane Valley Fire Department for use in
the subdivision. The addresses shall be designated on the final plat:
Block/Lot _ Address Alternate Address
Block 1
Lot 1 17609 E Cataldo Avenue 1001 N Viewmont Road
Lot2 1003 N Viewmont Road
Lot 3 1007 N Viewmont Road
Lot 4 1011 N Viewmont Road
Lot 5 1015 N Viewmont Road
Lot 6 _ ' 1021 N Viewmont Road
Findings of Fact, Conclusions of Law,and Decision File No. SUB-2017-0007 10
Lot 7 1 17602 E Desmet Avenue 1025 N Viewmont Road
Block 2
Lot 1 17615 E Cataldo Avenue 1002 N Viewmont Road
—Lot 2 1006 N Viewmont Road
Lot3 1010 N Viewmont Road _
Lot4 1012 N Viewmont Road
Lot 5 1016 N Viewmont Road
Lot 6 1020 N Viewmont Road
Lot 7 17610 E Desmet Avenue 1024 N Viewmont Road
Lot 8 17616 E Desmet Avenue
Lot 9 _ 17622 E Desmet Avenue
Lot 10 17623 E Desmet Avenue
Lot 11 17617 E Desmet Avenue
Lot 12 17613E Desmet Avenue _
Lot 13 17609 E Desmet Avenue
Lot 14 17605 E Desmet Avenue
Lot 15 17601 E Desmet Avenue
Spokane Valley Development Engineering Division:
1. A Professional Engineer, licensed in the State of Washington, shall prepare required engineering
documents (including civiUstreet plans, drainage plans, drainage calculations, traffic studies,
shared access driveway plans, etc.). Plans shall conform to the 2009 SVSS, or as amended; the
2008 SRSM, or as amended; the SVMC; and all other federal, state, and local regulations, as
applicable.
2. Review of civil plans and supporting documents cannot proceed until an application for a Land
Disturbance permit has been received. All documents (plans,reports, etc.) shall be submitted
through the Building Department Permit Center located at 10210 E Sprague Avenue, Spokane
Valley, Washington.
3. Cataldo Avenue 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.
4. 15-foot asphalt width from street centerline (not ROW) to edge of gutter.
5. 2-foot-wide Type "B" curb and gutter per SVSS Standard Plan R-102.
6. 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.
7. 5-foot-wide concrete sidewalk per SVSS Standard Plan R-103.
8. The following determines the ROW and border easement dedications for local access streets per
SVSS Standard Plan R-120. All information is estimated from the Spokane County Assessor's
Office. The project applicant is responsible for verifying all values listed below.
9. Existing half ROW width, measured from the existing road centerline, is 20 feet.
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2017-0007 11
10. Required half ROW width, as measured from the existing road centerline, is 19 feet.
11. ROW dedication is not required.
12. A Border Easement is required and shall extend from the ROW location to the back of the
proposed sidewalk.
13. 12-foot wide border easement is required. Note: building setbacks begin at the edge of the border
easement.
14. 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.
15. In accordance with the SVMC, Zoning Regulations (22.50.020 Residential Standards), all
residential driveways shall be paved. Private driveways shall conform to SVSS Section 7.3.4.
16. All stormwater facilities are to be designed per the SRSM. Linear roadside facilities such as
swales shall be located within the ROW and/or border easements when adjacent to public streets
or within a tract or easement when adjacent to a private street or driveway serving more than one
lot. Non-roadside facilities such as ponds (especially consolidated ponds, which are those
receiving runoff from more than one lot) shall be within a tract per SRSM 11.2.
17. For the General Construction Notes use those in the SVSS Appendix 4A rather than those in the
SRSM Appendix 3B.
18. 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:
19. 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,
20. 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
21. Forward a copy of the statement to Spokane Valley Development Engineering. Receipt of
statements will be required prior to plan approval.
22. If sewer and/or water needs to be brought to the properties and to do this requires an Engineering
design, copies of the approved sewer and water plans shall be submitted to Development
Engineering. The civil plans for the project shall show the extents of pavement removal and
replacement.
23. 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
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2017-0007 12
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.ecy.wa.go_yZproaramsiwtiLrndwtr/uic/UIConl ineregis.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.
24. A Construction Stormwater Permit will need to be obtained from WDOE, if both of the
following two 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.ecyr.wa.aov/progra ms/wt.l/stormwater/constntction/
Spokane County Environmental Services Department:
1. As per the development regulations/zoning code of the governing authority as amended, the
dedication shall state: "Public sewers shall be constructed to provide for the connection of each
parcel to the County's system of sewerage. Uses on properties within the project shall be required
to connect to the sewer and pay applicable charges per the County Sewer Ordinance. Sewer
connection permits shall be required. All existing uses, not currently connected to the sanitary
sewer system, are required to be connected."
2. The project lies within the Urban Growth Area and is, therefore,required to connect to a Sanitary
Sewer System.
3. Applicant shall submit expressly to Spokane County Environmental Services Department"under
separate cover" only those plan sheets showing sewer plans and specifications for the public
sewer connections and facilities for review and approval. Prior to plan submittal, the developer is
required to contact Chris Knudson or Colin Depner at (509) 477-3604 to discuss details of the
sewer plans. Once submitted,the sewer plan may require revised and/or additional plat
comments to be addressed.
4. Sewer plans acceptable to the Spokane County Environmental Services Department shall be
submitted prior to the finalization of the project.
5. As per the development regulations/zoning code of the governing authority as amended, security
shall be deposited with the Spokane County Environmental Services Department for the
construction of the public sewer connection and facilities and for the prescribed warranty period.
Security shall be in a form acceptable to the Spokane County Environmental Services
Department and in accordance with the Spokane County Sanitary Sewer Ordinance.
6. Any water service for this project shall be provided in accordance with the Coordinated Water
System Plan for Spokane County, as amended.
Findings of Fact, Conclusions of Law,and Decision File No. SUB-2017-0007 13
Spokane Regional Health District:
1. The final plat shall be designed as indicated on the preliminary plat of record and/or any attached
sheets as noted.
2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for
distribution by the Planning Department to the utility companies, Spokane Valley Engineer, and
the Spokane Regional Health District.
3. 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 sponsor 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 sponsor shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
8. A public sewer system will be made available for the plat and individual service will be provided
to each lot prior to sale. Use of individual on-site sewage disposal shall not be authorized.
9. A statement shall be placed in the dedication to the effect that: "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 dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
11. The final plat dedication shall contain the following statement: "The public water system,
pursuant to the Water Plan approved by County and State health authorities, the local fire
protection district, City of Spokane Valley, and water purveyor, shall be installed within this
subdivision, and the applicant shall provide for individual domestic water service as well as fire
protection to each lot prior to sale of each lot and prior to issuance of a building permit for each
lot."
Spokane County Fire District 1 (Spokane Valley Fire DepaiIntent):
1. Road names require approval and shall coincide with established road names in the surrounding
road grid. The following recommendations are based on the surrounding grid:
a. North/south roadway—N Viewmont
b. East/west roadway—E Desmet
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2017-0007 14
2. A new fire hydrant is required on the north side of the intersection of Cataldo Avenue and the
new north/south roadway (entrance to the subdivision).
a. Hydrants shall stand plumb. The traffic breakaway flange is to be set at the finished
curb/grade elevation with the lowest outlet of the hydrant no less than 18 inches above
the curb grade. There shall be a clear area around the hydrant of not less than 36 inches as
measured from outside edge of the barrel or outlet ports, whichever is greater, for
clearance of a hydrant wrench on both outlets and the control valve.
b. The fire hydrant shall have a minimum of three outlets, one 4-1/2 inch inside diameter
pumper outlet with Storz and two 2-1/2 inch inside diameter outlets. Threads on all
outlets shall be National Standard Thread(NST).
c. The pumper port shall face the street. Where the street cannot be clearly defined or
recognized, the port shall face the most likely route of approach and location of the fire
apparatus while pumping, as determined by the local fire protection authority.
3. Provide a water plan showing the location of the required hydrant and the size of the water main.
4. Addresses shall be posted so they are visible from the ROW during and after construction.
Numbers shall be a minimum 4 inches tall and contrasting to the background. A new street sign
shall be provided at the intersection with N McDonald Road.
Avista Utilities
1. Include the following language in the plat dedication:
"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, or 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 and water and sewer lines are permitted. Serving Utility companies are also granted
the right to install utilities across border easements."
Prior to or during on-site construction the applicant or successors in interest shall:
Spokane Valley Planning Division:
1. An Inadvertent Discovery Plan(IDP) shall be provided to the City by a qualified professional; or
the applicant may choose to utilize the template provided by the City. The IDP shall be kept on
site during all land disturbance activity.
2. Upon any discovery of potential or known archaeological resources at the subject property prior
to or during future on-site construction, the developer, contractor, and/or any other parties
involved in construction shall immediately cease all on-site construction; shall act to protect the
potential or known historical and cultural resources area from outside intrusion; and shall notify,
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2017-0007 15
within a maximum period of 24 hours from the time of discovery, the City of Spokane Valley
Community and Public Works Department of said discovery.
Spokane Valley Development Engineering Division:
1. A pre-construction conference with Development Engineering is required prior to the start of
construction. During this meeting, standards and submittal requirements for the Construction
Certification will be given to the project engineer/inspector.
2. For construction affecting public ROW, 48 hours prior to construction securely post a sign at
each point of ingress to the project area. Sign is to be clearly visible from the ROW and to
provide project construction details. See SVSS Section 9.7.
3. Permits are required for any access to or work within the ROW of the Spokane Valley roadway
system. A traffic control plan will be required to accompany the ROW obstruction permit.
4. Temporary erosion and sediment control(TESC) structures, such as filter fence, silt ponds, silt
traps, are to be installed prior to the start of site work and maintained throughout the duration of
construction and until the site has stabilized.
5. All survey monuments shall be protected during construction. Any disturbed or damaged
monuments shall be replaced prior to certification/final plat and/or release of surety.
6. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed Washington State professional engineer/land surveyor. All work
is subject to inspection by the City Senior Development Engineer or designated staff.
7. Upon completion of the improvements, a Construction Certification package and record
drawings are required for the improvements and shall be submitted and approved prior to final
plat approval, in accordance with SVSS Chapter 9.
8. All public improvements shall provide a performance/warranty surety per SVSS Chapter 9. The
City accepts letters of credit, cash savings assignments, and bonds for warranty sureties. Bonds
are not accepted for a performance sureties.
Washington State Department of Ecology:
1. Proper erosion and sediment control practices must be used on the construction site and adjacent
areas to prevent upland sediments from entering surface water. Local stormwater ordinances will
provide specific requirements. Also, refer to the Stormwater Management Manual for Eastern
Washington, which is available online at:
http://www.ecy.wa.gov/programs/wq/stormwater/eastern manual/manual.html
All ground disturbed by construction activities must be stabilized. When appropriate, use native
vegetation typical of the site.
2. A Stormwater Pollution Prevention Plan for the project site may be required and should be
developed by a qualified person(s). Erosion and sediment control measures in the plan must be
implemented prior to any clearing, grading, or construction. These control measures must be
effective to prevent soil from being carried into surface water by stormwater runoff. Sand, silt,
Findings of Fact, Conclusions of Law,and Decision File No. SUB-2017-0007 16
and soil can damage aquatic habitat and are considered pollutants. The plan must be upgraded as
necessary during the construction period.
Spokane Regional Clean Air Agenc';:
1. Proper erosion and sediment control practices must be used on the construction site and adjacent
areas to prevent upland sediments from entering surface water. Local stormwater ordinances will
provide specific requirements.
2. Stormwater runoff may contain increased levels of grease, oils, sediment, and other debris.
Stormwater Best Management Practices (BMPs) should be installed and maintained so that any
discharge will be appropriately treated to remove these substances.
3. A Stormwater Pollution Prevention Plan for the project site maybe required and should be
developed by a qualified person(s). Erosion and sediment control measures in the plan must be
implemented prior to any clearing, grading, or construction. These control measures must be
effective to prevent soil from being carried into surface water by stormwater runoff. Sand, silt,
and soil can damage aquatic habitat and are considered pollutants. The plan must be upgraded as
necessary during the construction period.
4. Proper disposal of construction debris must be in such a manner that debris cannot enter the
natural stormwater drainage system or cause water quality degradation of surface waters.
Dumpsters and refuse collection containers shall be durable, corrosion resistant, nonabsorbent,
non-leaking, and have close fitting covers. If spillage or leakage does occur,the waste shall be
picked up immediately and returned to the container and the area properly cleaned.
Prior to Final Plat:
1. ROW dedication and border easements must be designated on the final plat map.
2. Plat language will be determined at the time of final plat submittal. Contact Development
Engineering after civil plan approval and/or prior to first submittal of final plat to obtain plat
language.
DATED this 25th day of January, 2018
CITY OF SPOKANE VALLEY HEARING
EXAMINER PRO TEM
Brian T. McGinn, WSBA#24110
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2017-0007 17
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 January 26, 2018, 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 January 29, 2018. THE
APPEAL CLOSING DATE FOR THE PRELIMINARY PLAT DECISION IS FEBRUARY 19,
2018.
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 of Fact, Conclusions of Law,and Decision File No. SUB-2017-0007 18