SUB-2018-0001 signed_scanned Decision CITY OF SPOKANE VALLEY HEARING EXAMINER
PRELIMINARY PLAT OF THE OLD
MILWAUKEE SUBDIVISION
FINDINGS OF FACT, CONCLUSIONS OF
APPLICANT: AIR PATROL INVESTMENTS, LAW,AND DECISION
LLC
FILE NO. SUB-2018-0001
I. SUMMARY OF DECISION
Hearing Matter: Application for a preliminary plat to subdivide 1.3 acres into 10 residential in the
Multifamily Residential (MFR) category of the Spokane Valley Comprehensive Plan("Comprehensive
Plan") and the Multifamily Residential (MFR) zone of the Spokane Valley Municipal Code (SVMC)
large enough to accommodate single- and two-family residential development.
Summary of Decision: Approved, subject to conditions. The preliminary plat, as conditioned, will
expire on April 20, 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 January 8, 2018, an application for the preliminary plat of The Old Milwaukee Subdivision
was submitted to the Building and Planning Division of the City of Spokane Valley(City)
Community& Economic Development Department(Department)to divide 1.3 acres of land into
10 residential lots in the MFR zone. On January 12, 2018, the City issued an Incomplete
Determination. A Determination of Completeness was issued by the City on January 23, 2018.
2. The site is addressed as 12903 East 4th Avenue, Spokane Valley, Washington, and designated as
Spokane County Assessor tax parcel no. 45222.0842. The property is in the northeast quarter of
the northwest quarter of Section 22, Township 25 North, Range 44 East, Willamette Meridian,
Spokane County, Washington.
3. The applicant and property owner is Air Patrol Investments, LLC, which has a mailing address
of PO Box 404, Liberty Lake,WA 99019.
4. A Notice of Application was mailed per SVMC 17.80 on January 25, 2018, and published on
January 26, 2018. Notice of Hearing was posted on the site on March 20, 2018,by Zac Scott.
Notice of Hearing was mailed on March 21, 2018, and published on March 16 and March 23,
2018. At the City's request,Notice of Hearing was mailed to property owners within 800 feet of
the subject parcel.
5. The subject property is located within a designated area of special flood hazard per Community
Panel No. 53063C0590D of the Federal Flood Insurance Rate Map for City of Spokane Valley,
effective July 6, 2010.
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2018-0001 1
6. On April 5, 2018, the Hearing Examiner held a public hearing on the application. The Hearing
Examiner conducted a site visit on April 3, 2018.
7. The Hearing Examiner heard the application pursuant to SVMC Chapters 17.80, 18.20, and
20.30 and Appendix B (Hearing Examiner Scheduling Rules and Rules of Conduct) of the
SVMC.
8. The following persons testified at the hearing, under an oath administered by the Hearing
Examiner:
Karen Kendall Scott McArthur
City Planning Division H2 Surveying
10210 E. Sprague Avenue PO Box 2916
Spokane Valley, WA 99206 Hayden, ID 83835
Pasha Ghorashy Rachelle Johnson
12911 E. 3rd Lane 12911 E. 4th Avenue
Spokane Valley, WA 99216 Spokane Valley, WA 99216
Sandy Brown
12906 E. 3rd Lane
Spokane Valley, WA 99216
9. The Hearing Examiner 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.
10. Exhibits 1-12 listed below are attachments to the Staff Report,which the Department placed in
the file before the hearing. Exhibit 13 was submitted at the hearing by the City.
• Exhibit 1: Vicinity Map
• Exhibit 2: Zoning Map
• Exhibit 3: Comprehensive Plan Map
• Exhibit 4: Aerial Map
• Exhibit 5: Application Submittal with approved design deviation request
• Exhibit 6: Preliminary Plat Map of Record date stamped January 16, 2018
• Exhibit 7: Determination of Completeness
• Exhibit 8: Notice of Application Materials
• Exhibit 9: Transportation Concurrency and Trip Generation and Distribution Letter(TGDL)
• Exhibit 10: Notice of Public Hearing Materials
• Exhibit 11: Public Comments
• Exhibit 12: Agency Comments
• Exhibit 13: Staff Report Presentation Slides
11. The record includes the documents in the application file (file) at the time of the hearing,
Exhibits 1-13, the electronic recording of the hearing by Hearing Examiner staff,the sign-in
sheet for the hearing, and the items taken notice of by the Hearing Examiner.
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2018-0001 2
Description of Site:
12. The site consists of one vacant parcel totaling 1.3 acres. The site is flat with no slopes. The site is
covered with trees, grass, weeds, and shrubs. There are no water features or critical areas on the
site.
13. An 8-inch screw-top covered pipe was discovered in about the middle of the site. Scott McArthur
testified that the major utility providers have no information regarding the pipe. He further
testified that more investigation will be conducted to determine its purpose and connection and
what needs to happen to accommodate and appropriately abandon the pipe. See testimony of S.
McArthur.
Description of Proposed Project:
14. The subdivision will divide 1.3 acres into 10 lots. The lot sizes range from 4,989 to 6,799 square
feet. SVMC allows single-family or duplex dwellings on lots larger than 4,000 square feet. All
lots are proposed to be accessed from a private street. The private street will be 20 feet wide and
constructed to Standard Plan R-133 per the SVSS with an approved design deviation.
Additionally, half street improvements will be constructed along the frontage of the proposed
plat on 4th Avenue.
15. SVSS Section 7.3.2(d) states that private streets may serve two to nine lots. SVSS Section 1.8
authorizes design deviations to requirements within the SVSS. On March 5, 2018, the City's
Senior Development Engineer granted a deviation to allow 10 lots to be served with a private
street. The applicant's justification indicates the current parcel configuration limits access for
development to include a public street.
16. The site is surrounded by single-family residential development on lots ranging in size from
6,600 square feet to 1.23 acres. An apartment complex is located to the west and east,
commercial land uses are located across Appleway Trail to the north, and the Spokane Valley
Learning Academy south of the subject site. Development within a quarter mile of the site, since
the City of Spokane Valley incorporation, includes two short plats ranging from two to eight lots
and one subdivision. Subdivisions completed prior to incorporation in 2003 surrounding the site
include Keystone Meadows Subdivision, Baumann's Subdivision, Burchell Subdivision of Part
of Tract 18, and Nachbar Wilcox Addition. Single-family homes were built in the developments.
17. The Appleway Trail, an asphalt paved pedestrian and non-motorized pathway is adjacent to the
site, abutting the site along its north boundary.
18. The Site Plan of Record received by the City on January 16, 2018, provides for an emergency
vehicle (fire truck)turnaround between lots 7 and 8. The location of this turnaround does not
align with either of the road stubs (2"d Lane and 3rd Lane) in the adjacent development to the east
(Keystone Meadows). The roads in Keystone Meadows as well as the road in the proposed
project are private roads and making this connection may present undesirable expense and traffic
impacts to both developments. See testimonies of S. McArthur and S. Brown.
19. The private road in the proposed project will be 26 feet wide, which is greater than the20 feet
width required by the SVSS. All lots will offer off-street parking. See testimony of S. McArthur
at 24:41-25:05.
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2018-0001 3
20. The proposed project will offer direct access to Appleway Trail. See id
Land Use Designations and Surrounding Conditions for Site and Neighboring Land:
21. Land to the north is designated in the Corridor Mixed Use (CMU) and Parks and Open Space
(P/OS)categories of the Comprehensive Plan, zoned CMU and P/OS, and includes Appleway
Trail and commercial uses.
22. Land to the south is designated in the Single-Family Residential (SFR) category of the
Comprehensive Plan, zoned Single-Family Residential Urban District (R-3), and includes single-
family residences and Spokane Valley Learning Academy.
23. Land to the east and west is designated in the MFR category of the Comprehensive Plan, zoned
MFR, and includes single-family residences and apartments.
Public Comments:
24. Written public comments were received prior to the hearing and three individuals residing on
surrounding properties to the site testified at the hearing. The public comments and testimony
can be summarized as follows:
• Objection to density of proposed plat— 10 duplexes amount to 20 residential units in 1.3-acre
parcel.
• Concern that the building height in the new plat, adjacent to the single-family homes to the
east of the site, will block the view from the east and destroy the privacy of the houses to the
east.
• Concern that dense duplex development will lower property values in the neighborhood.
• Concern that the design/architecture of the proposed duplexes will be incompatible with the
existing neighborhood.
• Concern regarding additional traffic on 4th Avenue.
• Concern regarding expected parking on 4th Avenue.
• Possible burdens on schools nearby.
• Concern regarding expected lowering of character and integrity of neighborhood resulting
from duplex development.
25. A comment was also received on the day of the hearing and was added to the record. This
comment suggested a change to or new signage on 4th Avenue regarding access to I-90 freeway
and giving notice of dead-end nature of roads in the Keystone Meadows subdivision.
26. Public comment and testimony was of the nature of lay-opinion without further supporting
research or data.
Consistency with Zoning:
27. The minimum lot size in the MFR zone for single family development is 2,000 square feet. The
smallest proposed residential lot is 4,989 square feet and the largest is 6,799 square feet. The
proposal meets the minimum lot area requirements for residential development on all lots.
28. Maximum allowed density in the MFR zone is 22 dwelling unit per acre. The applicant proposes
to subdivide 1.3 acres into 10 residential lots. The maximum number of dwelling units allowed is
15.32 given the gross lot area of 1.3 acres.
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2018-0001 4
29. All lots have direct access to a private street.
30. The proposed preliminary plat complies with minimum requirements for lot size and density.
Setbacks, lot coverage, and building heights will be addressed when a building permit is
requested. The proposed preliminary plat complies with all applicable standards in SVMC 19.70
(Density and Dimensions).
Consistency with Environmental Controls:
31. The proposal is in the East Sprague Infill Development area per SVMC 21.20.040.0 and exempt
from environmental review pursuant to RCW 43.21C.229.
32. Pursuant to SVMC 21.30—Floodplain Regulations, the subject property is not located within a
designated area of special flood hazard per Community Panel No. 53063C0590D of the Federal
Insurance Rate Maps for City of Spokane Valley, effective July 6, 2010.
33. Staff reviewed the Critical Areas Priority Habitat map showing no species on the subject parcel
or in the immediate vicinity. No critical areas were identified.
Compliance with Design and Development Standards:
34. SVMC 22.20 (Concurrency) requires that adequate facilities are available when the service
demands of development occur, or in the case of transportation "concurrent with development"
meaning that improvements or strategies are in place at the time of development, or that a
financial commitment is in place to complete the improvements within six years. The cumulative
impact of development should be considered when making this determination. If adequate
facilities cannot be made available to maintain adopted level of service (LOS),the project
application shall be denied. SVMC 22.20.010 states that concurrency must be evaluated for
transportation, water, and sewer.
35. A TGDL was submitted on February 28, 2018 by H2 Surveying and Engineering and is included
as Exhibit 9 to the Staff Report. In summary, the TGDL calculates 20 PM Peak Hour trips per
day for 10 duplex units (20 residences) distributing equally east and west on 4`"Avenue. See
testimony of S. McArthur. After document review a Certificate of Transportation concurrency
was issued by Spokane Valley Public Works Senior Traffic Engineer on March 8, 2018. The
Certificate states sufficient roadway capacity exists, or is programmed to exist with future road
improvements on the City street system to accommodate the uses and densities stated in the
proposed development.
36. A Certificate of Water Availability from Modern Electric Water Company (MEWCO) dated
December 29, 2017 indicates the water system has a current Washington Department of Health
Operating permit, allowing the number of new taps or water requested. Spokane Regional Health
District conditions of approval require the construction of a water system and water be provided
to each individual lot.
37. A Certificate of Sewer Availability from Spokane County Environmental Services Division
dated December 28, 2017 indicates the developer will design, fund, construct and provide
financial surety for the necessary systems to extend sewer service to the site and provide service
connections as required.
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2018-0001 5
38. The proposal complies or will comply with the requirements of SVMC Title 22 (Design and
Development Standards)pertaining to transportation, water, and sewer concurrency.
Consistency with Subdivision Regulations:
39. SVMC 20.20.090 requires that the design of subdivisions shall conform to all applicable city
plans,regulations, and design and development standards in effect on January 23, 2018.
40. The Staff Report represents that:
a. The design, shape, size and orientation of the lots are appropriate for the intended use of
residential development. The proposed lots meet the requirements of the zoning district
and the intent of the Comprehensive Plan land use designation. The zoning code does not
address nor require screening.
b. The lot arrangement does not create lots with side lot lines that are more than 20 degrees
perpendicular to the right-of-way. No corner lots are located at the intersection of two
arterial streets.
c. Lot sizes comply with the minimum established standards in SVMC 19.70 for either
single family or duplex development and the proposed lots are not flag lots.
d. The project does not propose any double frontage or reverse lots, or lots backing arterial
roadways.
e. Lots have been identified and labeled in sequential order on the plat.
f. The proposed private street has been granted a design deviation and designed per SVSS.
The alignment is dictated by the existing parcels and the need to serve the proposed lots
within the subdivision.
g. No lots are greater than one acre. The lot sizes range from 4,989 to 6,799 square feet.
h. The proposed lots are not divided by the boundary of any City, County, zoning
designation or public right-of-way.
i. All proposed lots will have direct access to a private street accessing onto an improved
public right-of-way.
j. Wastewater design is coordinated directly with Spokane County Environmental Services
and shall comply with all applicable City and agency regulations.
k. Adequate public domestic water supply and/or fire protection shall be provided in
compliance with all applicable City and agency regulations.
1. All street designs shall be in conformance with SVMC 22.130 and adopted SVSS.
m. Provisions for Stormwater runoff shall comply with the Spokane Regional Stormwater
Manual and City Stormwater Management Regulations as set forth in SVMC 22.150.
Engineered construction plans will be required as part of the roadway grading permit.
The plans will be reviewed and approved by the Spokane Valley Development
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2018-0001 6
Engineering division prior to construction. Following construction, the project will be
inspected by City engineer staff and certified by an engineer licensed in the State of
Washington.
n. Easements for electric, water, sewer, gas, and similar utilities shall be illustrated on the
final subdivision. The utility purveyors shall indicate to the City in writing that the
easements are adequate for their service needs.
o. The subdivision shall provide underground utilities within public right-of-way, alleys or
utility easements including,but not limited to, those for electricity, communications and
street lighting.
41. SVMC 20.20.100—Findings reads: Prior to approving any subdivision, the department shall
determine and make written findings of fact that appropriate provisions are made for the
following:
a. The public health, safety, and general welfare.
b. Open spaces.
c. Drainage ways.
d. Street or roads, alleys, sidewalks, and other public ways.
e. Transit stops.
f. Public potable water supplies.
g. Sanitary sewer.
h. Parks and recreation.
i. Playgrounds, schools, and school grounds.
j. Sidewalks and other planning features that assure safe walking conditions for students
who only walk to and from school.
k. Whether the public interest will be served by the subdivision.
1. The proposed subdivision is in conformity with all applicable development code
provisions.
m. Other requirements found to be necessary and appropriate and for which written
standards and policies have been adopted.
Consistency with Comprehensive Plan:
42. MFR allows for multifamily development. Generally, this designation is located near business
and commercial centers, the arterial street system, and public transit. The implementing zone
would protect the single-family designation through transitional standards. The following
comprehensive plan policies are relevant to this action:
a. Policy LU-G1 of the Comprehensive Plan seeks to maintain and enhance the character
and quality of life in Spokane Valley.
b. Policy LU-P8 seeks to ensure that neighborhoods are served by safe and convenient
motorized and non-motorized transportation routes. Policy T-P6 seeks to work
collaboratively with developers to ensure that areas experiencing new development are
well served by motorized and non-motorized transportation options. Policy T-P9 seeks to
provide and maintain quality street, sidewalk, and shared-use path surfaces that provide a
safe environment for all users.
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2018-0001 7
c. Goal H-G1 seeks to allow for a broad range of housing opportunities to meet the needs of
the community. Goal H-G2 seeks to enable the development of affordable housing for all
income levels.
d. Goal NR-G2 seeks to protect the Spokane Valley-Rathdrum Prairie sole source aquifer
from contamination and maintain high quality groundwater.
e. Policy CF-P 10 requires new development to connect to public sewer and water.
f. Policy CF-P13 requires coordination with school districts in land use planning processes.
The school district was notified of the subdivision and given an opportunity to comment.
No comments were received.
g. Policy CF-P3 seeks to coordinate the construction of public infrastructure with private
development to minimize costs. Policy CF-P4 requires adequate emergency vehicle road
access and water supply/pressure for new development within the City.
43. Responses by Staff in the Staff Report(page 7) support a finding that the proposed subdivision
meets the intent set forth in the City Comprehensive Plan for the single family residential land
use designation and other applicable goals and policies.
Based on the above findings of fact,the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. Any finding of fact above that is a conclusion of law is deemed a conclusion of law.
2. Minor revisions should be made to the conditions of approval to ensure proper formatting,
clarity, and consistency with the findings of fact above.
3. 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.
4. The proposed subdivision will promote the health, safety, and general welfare,provide effective
use of land, and will meet required level of service standards, in accordance with standards
established by the state, local agencies and the City. The proposed preliminary plat conforms to
applicable standards of the SVMC. The application is consistent with the zoning standards in
effect at the time this application was determined complete, and is subject to the implementation
of applicable conditions of approval.
5. SUB-2018-0001 is generally consistent or can be made consistent through the application of
conditions of approval with Chapter 4(Land Use) of the City's Comprehensive Plan; SVMC
Title 19 - Zoning Regulations; SVMC Title 20 - Subdivisions Regulations; SVMC Title 21 —
Environmental Controls; the Spokane Valley Street Standards (SVSS), the Spokane Regional
Stormwater Guidelines (SRSG); and the Spokane Regional Health District regulations.
6. 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.
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2018-0001 8
7. Any conclusion of law above that is a finding of fact is deemed a finding of fact.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the application for a preliminary
plat on a 1.3-acre site in the MFR 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:
Spokane Valley Building and Plannin ,, Division:
The following general conditions apply to the approval of SUB-2017-0007:
1. The approved preliminary plat shall have a maximum of 10 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
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. Pursuant to SVMC 20.20.080 (Professional Land Surveyor)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. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval)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.
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2018-0001 9
7. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by the applicant
prior to recording.
8. Direct access to the Appleway Trail for pedestrians, bicycles, and etc. shall be provided from the
plat.
Prior to or at the time a final plat is submitted for approval, the applicant or successors in interest shall:
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
and improvements thereon 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."
3. The following addresses have been assigned and shall be designated on the final plat:
Lot 1 327 S Woodlawn Lane 329 S Woodlawn Lane
Lot 2 323 S Woodlawn Lane 325 S Woodlawn Lane
Lot3 319 S Woodlawn Lane 321 S Woodlawn Lane
Lot4 313 S Woodlawn Lane 315 S Woodlawn Lane
Lot 5 309 S Woodlawn Lane 311 S Woodlawn Lane
Lot 6 301 S Woodlawn Lane 303 S Woodlawn Lane
Lot 7 225 S Woodlawn Lane 227 S Woodlawn Lane
Lot 8 217 S Woodlawn Lane 219 S Woodlawn Lane
Lot 9 211 S Woodlawn Lane 213 S Woodlawn Lane _
Lot 10 201 S Woodlawn Lane 203 S Woodlawn Lane
Spokane Valley Development Engineering Division:
1. A Professional Engineer, licensed in the State of Washington, shall prepare required engineering
documents (including civil/street plans, drainage plans, drainage calculations, traffic studies,
shared access driveway plans, etc.). Plans shall conform to the 2009 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 a preliminary plat decision
bas been issued.and an application for a Land Disturbance permit has been received. All
documents (plans, reports, etc.) shall be submitted through the Building Department Permit
Center located at 10210 E. Sprague Avenue.
3. 4th Avenue is designated as a Collector Arterial street and frontage improvements are required
per SVSS Chapter 2 and are described below. Existing utilities shall be relocated to 2 feet behind
the curb/sidewalk.
4. Improvements to 4th Avenue shall match existing improvements to the east, and shall include at
least the following:
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2018-0001 10
a. 14.5 feet of asphalt width from street crown to edge of gutter.
b. 2-foot-wide Type 'B' curb and gutter per SVSS Std. Plan R-102.
c. 11-foot-wide roadside swale per SVSS Std. Plan S-130. The applicant shall install
seed/grass in the roadside swale and maintain the swale.
d. 6-foot-wide concrete sidewalk per SVSS Std. Plan R-103.
5. The following determines the ROW and border easement dedications for a Collector Arterial
street per SVSS Std. Plan R-122. All information is estimated from the Spokane County
Assessor's Office. The project applicant is responsible for verifying all values listed below.
6. Existing half ROW width is 20 feet.
7. Required half ROW width shall match existing ROW to the east.
8. ROW dedication of 2.5 feet is required.
9. A Border Easement is required and shall extend from the ROW to the back of the new sidewalk.
New sidewalk shall align with existing sidewalk to the east.
10. 15-foot-wide Border Easement dedication required.
11. Note: building setbacks begin at the edge of border easement.
12. The internal street was reviewed to determine the connectivity needs and impacts of the
surrounding area. Based on this review, the City will allow the private street as proposed. The
private street shall be designed per SVSS Chapter 7 and Standard Plan R-133. Per Table 7.3
private streets longer than 500 feet shall be 26 feet wide. A reduced width may be allowed if
approved by Spokane Valley Fire Department. Unless otherwise approved by the City, the
private road shall be 26 feet wide pursuant to the testimony of the Applicant at the hearing on
April 10, 2018.
13. 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.
14. 4th Avenue is a Collector Arterial. Project parcel shall take access from the street by means of a
shared/single access only.
15. Driveway approach design shall follow the 2009 SVSS, or as amended.
16. All stormwater facilities are to be designed per the SRSM. Linear roadside facilities such as
swales shall be located within the right of way 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(see SRSM 11.2).
17. If drywells are proposed that do not receive stormwater from public facilities and they are in
Garrison or Springdale soils,the testing for confirming the soil classification and that the
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2018-0001 11
drywells will function as designed may be performed during construction. If this option is
exercised, then the following note shall be placed on the cover of the plans:
Per Spokane Regional Stormwater Manual methods, a qualified licensed engineer shall
evaluate, classify and document the soils in the excavated drywell infiltration zone prior to
installation of the filter fabric, drainage rock or drywell barrel and shall determine if the
soil's conditions will be suitable and capable of infiltrating storm water at the design flow
rate. Engineer shall submit a copy of the documentation detailing the observations, the
conclusions and the basis for the conclusions to the City of Spokane Valley Development
Engineering.If the engineer determines that the soils do not meet the design's requirements
or that a condition exists preventing the drywell from functioning as designed, the design
engineer shall be notified and the design revised to meet existing conditions. Any revisions
to the design shall be submitted to the City of Spokane Valley for review and acceptance.
18. A Homeowners Association(HOA) is required for the perpetual operation and maintenance of
the on-site private street and associated facilities including but not limited to the stormwater
systems at the end of the service life of the respective components, and any other improvements
that may be legally required in the future. A draft copy of the Covenants, Conditions, and
Restrictions (CC&Rs) for the HOA shall be submitted with the drainage submittal.
19. An Operations and Maintenance Manual, per SRSM Chapter 11 shall be submitted with the
initial submittal of final design plans for the street and/or stormwater systems.
20. For the General Construction Notes use those in the SVSS Appendix 4A rather than those in the
SRSM Appendix 3B.
21. 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-
22. 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,
23. 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
24. Forward a copy of the statement to Spokane Valley Development Engineering. Receipt of
statements will be required prior to plan approval.
25. 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.
26. 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-2018-0001 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.ecv.wa.gov/programs/w,. / rndwtr/uic/UlConlinereais.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.
27. 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.ecy.wa.gov/pro txra.ms/wq/stormwater/construction/
28. 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.
29. For construction affecting public right-of-way, 48 hours prior to construction securely post a sign
at each ingress to the project area. The sign(s) shall be clearly visible from the ROW and provide
project construction details. See SVSS Section 9.7.
30. Permits are required for any access to or work within the right-of-way of the Spokane Valley
roadway system. A traffic control plan shall accompany the ROW obstruction permit.
31. Temporary erosion and sediment control (TESC) structures (such as filter fence, silt ponds, silt
traps) shall be installed prior to the start of site work and maintained throughout the duration of
construction and until the site has stabilized.
32. 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.
33. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed Washington State Professional Engineer/Land Surveyor. All
work is subject to inspection by the City Senior Development Engineer or by his staff.
34. Upon completion of the improvements, a Construction Certification package and record
drawings are required for the improvements and shall be submitted and approved prior to Final
Plat approval according to SVSS Chapter 9.
35. 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 Performance Sureties.
Findings of Fact, Conclusions of Law,and Decision File No. SUB-2018-0001 13
36. ROW dedication and border easements shall be designated on the final plat map.
37. The Homeowner Association's UBI number shall be referenced on the face of the Final Plat.
38. 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.
39. The nature and purpose of the unidentified 8-inch capped pipe, located approximately in the
center of the subject property, shall be identified and accommodated or removed,pursuant all
applicable regulations,prior to development of the lot on which the pipe is located. If the pipe is
an existing well no longer in use, the well shall be abandoned pursuant to applicable statutes
and regulations.
Spokane County Environmental Services Depailment:
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 dedication shall state: "The private road(s)known as Woodlawn Lane is granted as a
perpetual easement to Spokane County, its' successors and assigns for the sole purpose of
constructing, installing, operating, maintaining, repairing, altering, replacing, removing, and all
other uses or purposes which are or may be related to a sewer system. Spokane County, it's
successors and assigns at all times hereinafter, at their own cost and expense, may remove all
crops, brush, grass or trees that may interfere with the constructing, installing, operating,
maintaining, repairing, altering, replacing, removing and all other uses or purposes which are
may be related to a sewer system. The grantor(s)reserves the right to use and enjoy that property
which is the subject of this easement for purposes which will not interfere with the County's full
enjoyment of the rights hereby granted; provided, the Grantor(s) shall not erect or construct any
building or other structure or drill on the easement, or diminish or substantially add to the ground
cover over the easement. The easement described hereinabove is to and shall run with the land."
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. 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-2018-0001 14
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
i01.
Spokane County Fire District 1 (Spokane Valley Fire Department)_
1. The private street shall be named South Woodlawn Lane.
2. One new fire hydrant is required on the north side of East 4th Avenue at the entrance to the
private street.
3. 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
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2018-0001 15
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.
4. 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).
5. 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.
6. Addresses shall be posted so they are visible from the access road during and after construction.
Numbers shall be a minimum 4 inches tall and contrasting to the background.
7. Fire apparatus access road/driveway and turnaround shall be posted as "No Parking - Fire Lane."
8. Access 20 to 26 feet posted on both sides.
9. Access 16 to 32 feet posted on one side.
10. At ends of turnarounds.
11. The turnaround shall be drawn to meet the design parameters per the International Fire Code
(IFC) Appendix D, with the modification of a 30-foot turning radius.
Modern Electric Water Company:
1. An approved water system plan, including main and line extensions and/or fire hydrant
installation may be required. Coordinate directly with Water Company.
AVISTA Utilities:
1. Construction of permanent structures above the cathodic well and communications is allowed
provided that an Avista representative shall be on site during any excavation resulting in a
change in grade within the easement area. Contact Curt Lystad at 509-995-1725 to arrange on-
site inspection at time of excavation or change in grade.
2. Include the following language in the plat dedication:
3 Utility easements shown on the herein described plat are hereby dedicated for the use of serving
utility companies for the construction,reconstruction, maintenance,protection, inspection and
operation of their respective facilities,together with the right to prohibit changes in grade over
installed underground facilities, the right to trim and/or remove trees,bushes, landscaping,
without compensation and the right to prohibit structures that may interfere with the
construction, reconstruction, reliability, maintenance, and safe operation of same.
4. The Private Roads as shown hereon are dedicated for utility purposes in addition to ingress and
egress as stated.
DATED this 17th day of April, 2018
Findings of Fact,Conclusions of Law,and Decision File No. SUB-2018-0001 16
CITY OF SPOKANE VALLEY
HEARING EXAMINER
David W. Hubert, WSBA#16488
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 April 17,2017, a copy of this decision will be mailed by regular mail to the Applicant
and to all government agencies and persons entitled to notice under SVMC 17.80.130(4). Pursuant
to RCW Chapter 36.70C, the date of issuance of the Hearing Examiner's decision is three(3) days
after it is mailed.
The date of issuance of the Hearing Examiner's decision will be April 20,2018, THE
APPEAL CLOSING DATE FOR THE PRELIMINARY PLAT DECISION IS MAY 11, 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-2018-0001 17