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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