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SUB-2018-0003 signed_scanned Decision 1 CITY OF SPOKANE VALLEY HEARING EXAMINER PRO TEM 2 3 PONDEROSA EAST 2ND ADDITION SUBDIVISION 4 APPLICANT: WHIPPLE CONSULTING FINDINGS OF FACT, ENGINEERS CONCLUSIONS OF LAW, 5 AND DECISION FILE NO. SUB-2018-0003/ 6 REZ-2018-0001/PLV-2018-0001 7 8 I. SUMMARY OF DECISION 9 Hearing Matter: Plat vacation of SHP-2012-0005 and to realign public right-of-way (ROW) and public sewer line easements; request to change the zoning on the 10 southerly 9,000 square feet of parcel 45333.9172 from R-1 to R-2; and preliminary plat approval to subdivide 7.3 acres into 22 single-family residential lots. 11 Summary of Decision: Approved, subject to conditions. The preliminary plat, as 12 conditioned, will expire on June 12, 2023, unless an application for a time extension application is submitted at least 30 days prior to such expiration date. 13 14 II. FINDINGS AND CONCLUSIONS 15 A. Procedural Matters: 16 On February 9, 2018, an application for the Ponderosa East 2nd Addition Subdivision was submitted to the Building and Planning Division ("Division") of 17 ' the City of Spokane Valley ("City") Community and Economic Development 18 Department ("Department") to (1) vacate short plat SHP-2012-0005 to realign public ROW and public sewer line easements; (2) change the zoning on the 19 southerly 9,000 square feet of parcel 45333.9172 from R-1 to R-2; and (3) approve a preliminary plat to subdivide 7.3 acres into 22 single-family residential lots. On 20 February 23, 2018, the City issued a Determination of Completeness regarding the application. 21 The site is addressed as 4121 South Sundown Drive, Spokane Valley, 22 Washington, and designated as Spokane County Assessor tax parcel nos. 45333.9198, 45333.9200, 4533.9201, and 45333.9172. The property is in the NW 23 Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 1 1 1/4 of the SW 1/4 of Section 33, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington. 2 The applicant is Whipple Consulting Engineers with a mailing address of 21 S. 3 Pines Road, Spokane Valley, Washington 99206. The property owners are Dennis and Melissa Crapo with a mailing address of 2602 N. Sullivan Road, Spokane 4 Valley, Washington 99216. 5 The notice requirements for the public hearing, set forth in Spokane Valley Municipal Code (SVMC) Chapter 17.80, were met by the applicant and the 6 Department, respectively. See Staff Report, page 3. 7 The Hearing Examiner Pro Tem conducted a site visit on May 22, 2018, a short time before the hearing. At approximately 10:00 a.m. that same day, the Hearing 8 Examiner Pro Tern held a public hearing on the application. 9 The Hearing Examiner Pro Tern heard the application pursuant to SVMC Chapters 17.80, 18.20, and 20.30 and Appendix B (Hearing Examiner Scheduling 10 Rules and Rules of Conduct) of the SVMC. 11 The following persons testified at the hearing, under an oath administered by the Hearing Examiner Pro Tem: 12 Marin Palaniuk / Chad Riggs Todd Whipple Lori Barlow Whipple Consulting Engineers 13 City of Spokane Valley 21 S. Pines Road 10210 E. Sprague Avenue Spokane Valley, WA 99206 14 Spokane Valley, WA 99206 15 Nathan G. Smith Kris Murphy Kutak Rock 4015 S. Sundown Drive 16 510 W. Riverside Avenue Spokane Valley, WA 99206 Suite 800 17 Spokane, WA 99201 18 Dennis & RoseMary Johnson Cindy Mayer 4149 S. Sundown Drive 4148 S. Sundown Drive 19 Spokane Valley, WA 99206 Spokane Valley, WA 99206 20 Juanita L. Rima I 11019 E. Sundown Drive 21 Spokane Valley, WA 99206 22 Exhibits 1-19 listed below are attachments to the Staff Report, which the Department placed in the file before the hearing. Exhibits 20 through 22 were 23 submitted at the hearing. Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 2 1 • Exhibit 1: Vicinity Map 2 • Exhibit 2: Zoning Map 3 • Exhibit 3: Comprehensive Plan Map 4 • Exhibit 4: Aerial Map 5 • Exhibit 5: Application Submittal 6 • Exhibit 6: Preliminary Plat Map of Record 7 • Exhibit 7: Determination of Completeness 8 • Exhibit 8: Notice of Application Materials 9 • Exhibit 9: State Environmental Policy Act (SEPA) Determination 10 • Exhibit 10: SEPA Checklist 11 • Exhibit 11: Trip Generation and Distribution Letter (TGDL) 12 • Exhibit 12: Notice of Public Hearing Materials 13 • Exhibit 13: Public Comments 14 • Exhibit 14: Agency Comments 15 • Exhibit 15: Final Plat Map of SHP-2012-0005 16 • Exhibit 17: National Wetlands Inventory (NWI) Map 17 • Exhibit 18: Flood Insurance Rate Map 53063C0732D 18 • Exhibit 19: BLA-2017-0001 19 • Exhibit 20: Staff Report Presentation Slides (submitted by the City) 20 • Exhibit 21: Flood Insurance Rate Map 53063C0732D (submitted with 21 modifications by Todd Whipple) 22 • Exhibit 22: Memorandum in Support of Application, May 22, 2018 (submitted by Nathan G. Smith) 23 Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 3 1 The record includes the documents in the application file at the time of the hearing, Exhibits 1-22, the electronic recording of the hearing by Hearing 2 Examiner Pro Tern staff, and the sign-in sheet for the hearing. 3 B. Description of Site: 4 The site consists of five vacant parcels totaling 7.3 acres. The terrain is relatively flat with little to no slope with the exception of the southern edge of site, which 5 slopes upward approximately 20 feet. The site is covered with trees, grass, weed, and shrubs. The NWI Map identifies a wetland adjacent to the site. 6 The site is within Single Family Residential (SFR) category of the 7 Comprehensive Plan, Single Family Residential Suburban District (R-2) zone, and is partially developed with an unimproved driveway. A home was located on 8 the site, but has been demolished. The area north of the road is vacant. 9 C. Description of Proposed Project: 10 The project consists of three separate land use actions that are being considered concurrently. 11 The first land use action is a request to vacate short plat file no. SHP-2012-0005. 12 The plat consists of four lots addressed as 4033, 4101, 4111, and 4121 S. Sundown Drive in Spokane Valley. The preliminary short plat was approved on 13 June 29, 2005, and the final plat was recorded October 24, 2007, AFN 5603749. The four lots are all included in the current subdivision application that is also 14 under consideration. The short plat dedicated ROW as part of the final plat that 15 has not been improved. An existing unimproved driveway lies within the ROW and previously provided access to a home that has been demolished. A single- 16 family home located at 4130 S Sundown Drive, on the adjacent parcel to the east, is situated on the private driveway. However, this home takes access from 17 Sundown Drive on its east boundary. The current ROW has not been developed or improved and consists of a gravel driveway. The four lots have not been 18 developed. Comments from Spokane County Environmental Services (SCES) 19 indicate sewer facilities are located in the ROW. The ROW dedicated as part of the final short plat that does not align with the ROW proposed in the new 20 subdivision. The applicant owns all four of the lots and is requesting a plat vacation in order to move forward with a subsequent subdivision. 21 The second action is the rezone of a split-zoned parcel and is specific to the 22 southern 9,175 square feet of parcel no. 45333.9204. The parcel was the subject of a boundary line adjustment (BLA), file no. BLA-2017-0001, that was intended to 23 result in a better street layout for the subdivision described below. The BLA Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 4 1 involved an exchange of property and a subsequent BLA that resulted in a portion of the parcel being zoned R-1 and a portion being zoned R-2. The current 2 property owner was a party to the BLA and agreed to pursue a rezone to remedy 3 the split zoning of the property. The parcel has been included in the subdivision application and the rezone is being considered concurrently. 4 The third action is the subdivision of the four lots created through short plat SHP-2012-0005 in addition to parcel no. 45333.9172 located south of the four-lot 5 short plat. The subdivision will divide 7.3 acres into 22 single-family residential 6 lots. Sundown Drive will be extended in a southeasterly direction to the east boundary of the property. Two streets will extend from Sundown Drive both 7 north and south to serve the proposed subdivision lots. The streets will terminate into T-shaped intersections that will serve as emergency access turn-arounds. 8 The eastern terminus of Sundown Drive will allow for the eventual continuation 9 of the street should the property to the east ever develop. The street improvements will include curb, gutter, sidewalk, and swales. 10 The road created through the 2007 short plat process serving the four lots was 11 never improved, and the area that was dedicated as ROW is currently an unimproved gravel road. A home was previously located along the south side of 12 the unimproved road on the southernmost parcel. The home was demolished and the parcel is now vacant. 13 The NWI Map shows a Freshwater Forested/Shrub Wetland located offsite, but 14 adjacent to and west of the property. The NWI map also shows a Freshwater Emergent Wetland further to the east and centrally located in the Freshwater 15 Forested/Shrub Wetland (See Exhibit 16). The wetland is included as a Priority Habitat in the Washington State Department of Fish and Wildlife (WSDFW) 16 Priority Habitats and Species Report (See Exhibit 17). The Flood Insurance Rate 17 Map No. 53063C0732D shows that a portion of the property lies within a Special Flood Hazard Area (See Exhibit 18). 18 The proposal includes a 30-foot "Firewise" setback buffer around the perimeter of the subdivision OR a 30-foot buffer around each house/garage. This buffer 19 complies with the recommendations contained in the Spokane Valley Fire 20 Department (Fire District#8) Resolution No. 2017-0442. 21 D. Land Use Designations and Surrounding Conditions for Site and Neighboring Land: 22 Surrounding land uses are designated in the SFR category of the Comprehensive Plan and zoned either R-1 or R-2. Single-family residences in the Ponderosa East 23 Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ ' and Decision REZ-2018-0001/PLV-2018-0001 5 1 Subdivision lie to the north. Single-family residences on 1-acre lots are present to the south. To the east, single-family residences exist on the southern-most 2 portion of the area, with an area of the 9.2 acres that is undeveloped. The area to 3 the east contains a floodplain and wetlands. Single-family residences on %-acre lots exist to the west. 4 E. Compliance with SVMC Title 20.70 (Plat Vacation): 5 The SVMC authorizes the submission of an application to vacate part or all of an existing plat. See SVMC 20.70.010. The code provides that such applications shall 6 contain the signatures of the majority of those persons having an ownership 7 interest in the property (lots, tracts, parcels, etc.) in the subject subdivision or portion to be vacated. See id. 8 A plat vacation is classified as a Type III application. See SVMC 20.70.020; see 9 also SVMC 17.80.030 (Table 17.80-1, Permit Type and Land Use Application). Upon submittal of a complete application, the Department is required to process 10 the request pursuant to SVMC 17.80. See id. Pursuant to SVMC 17.80.060, the final decision on Type III applications is made by the Hearing Examiner. See 11 SVMC 17.80.060(C). The decision on a plat vacation must also be rendered in a manner that is consistent with Revised Code of Washington (RCW) 58.17.212. 12 See id. 13 The provisions of SVMC 17.80 do not contain decision criteria for plat vacations, over and above the rather general requirements of SVMC 20.70. However, SVMC 14 17.80 does make it clear that final decisions on Type III applications must 15 contain certain elements. For example, the final decision must include, among other things, a statement of the facts demonstrating whether the application 16 complies with the applicable approval criteria and a statement of the basis for the decision pursuant to the municipal code and applicable law. See SVMC 17 17.80.130(D)(6)-(7). 18 RCW 58.17.212 describes the procedure for the vacation of subdivisions. In relevant part, RCW 58.17.212 provides that an application to vacate a plat "shall 19 set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to 20 vacation." See RCW 58.17.212. A public hearing is required, and the application 21 may be approved or denied after determining the public use and interest to be served by the vacation of the subdivision. See id. Title to the vacated property 22 shall vest with the rightful owner as shown on the county records. See id. Title to any dedicated road or street wholly within the subdivision likewise vests with the 23 owners of property within the subdivision. See id. Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 6 1 On February 9, 2018, Whipple Consulting Engineers submitted an application to vacate the final short plat designated as SHP-2012-0005. See Exhibit 5 (Plat 2 Vacation Application). The application was made on behalf of the property 3 owners, Dennis and Melissa Crapo. See id. The application was signed by Dennis Crapo who, with his spouse, owns all of the property within the subdivision. See 4 id. (Plat Vacation Application, p. 3) On February 23, 2018, the Department issued its determination that the application was complete. See Exhibit 8. The 5 application was subsequently considered at a public hearing before the Hearing Examiner Pro Tem, following the appropriate public notice, consistent with the 6 requirements of SVMC 17.80. See Exhibits 9 & 13. 7 The vacation of the short plat is being proposed to accommodate a new design for the development of the property. See Exhibit 5 (Plat Vacation Application). The 8 new design is consistent with the Comprehensive Plan designation for the 9 property and satisfies the subdivision standards of the municipal code. See Section J below. Although a small portion of the overall site for the new plat 10 includes a rezone, the proposal only changes a 9,000+ square foot area from R-1 to R-2, a designation that implements the land use designation under the 11 Comprehensive Plan as well as accommodating a development that is compatible with the neighborhood. The property owner's approach is a sensible way to put 12 the property to productive use consistent with the Comprehensive Plan, the 13 zoning, and nearby development. Although the final short plat was recorded, the property was not developed in 14 accordance with the original plan. See Staff Report, p. 4. The property is 15 essentially in an undeveloped state. The only public improvement that has been made is the installation of the public sewer main. See id. The sewer main is 16 located within a dedicated roadway ROW. See id. The applicant is proposing to relocate both the ROW and the sewer main as part of the new subdivision. See 17 Exhibit 5 (Plat Vacation Application). In the meantime, "[a] `temporary' pubic sanitary sewer easement will need to be established over the existing sanitary 18 sewer and remain in place until a new public sanitary sewer easement can be 19 established through the new subdivision plat." See Staff Report, p. 4. The City has proposed a project condition to ensure the easement for the public sewer is in 20 place at all times. See id. 21 The property within the short plat is also subject to a number of easements established to accommodate the short subdivision. Specifically, there are utility 22 easements, ROW border easements, an emergency access easement (for the benefit of Parcel 1), and a private road and utility easement. See Staff Report, p. 23 4. The new design will need to make adjustments to these easements. With Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 7 1 respect the private road and utility easement, that encumbrance will need to be terminated in order to accommodate the new development. See id. To the extent 2 that the easement cannot be terminated, the property will remain subject to 3 those easement rights, and the preliminary plat will need to reflect the existence of that easement. See id. These requirements are reflected in the proposed 4 conditions of approval. The Crapos own all the property within the short plat. As such, there are no other owners who have an interest in the property following the vacation of the 6 short subdivision or the dedicated ROW. The proposed vacation will permit the Crapos to develop the property with a different design, but for the same purposes 7 as previously. The proposed development will be of higher density than what was approved under the short plat, but the proposal is not out-of-character with the 8 neighborhood and is still consistent with the land use designation and zoning of 9 most of the property. In the Hearing Examiner Pro Tem's view, the public use and interest is well- 10 served by the proposed vacation. The vacation of the subdivision will 11 accommodate an updated design for the property. Although the proposed density will be increased, the project is nonetheless consistent with public policy for the 12 development of this type of land. The proposal does includes the vacation of public ROW as well. However, the proposed preliminary plat will dedicate new 13 road ROW in different locations, consistent with the new design. The proposed plat will also re-establish the necessary easements (e.g. utilities) to satisfy the 14 development requirements and serve the future residents of the subdivision. 15 The Hearing Examiner Pro Tern concludes, for the reasons state above, the proposed vacation is consistent with applicable law and should be approved. 16 F. Compliance with SVMC 19.30.030 (Site-Specific Zoning Map 17 Amendments): 18 According to the SVMC, a site-specific rezone application may be made at any time. See SVMC 19.30.030(A). Like the plat vacation previously discussed, site- 19 specific rezone requests are Type III applications that are processed under SVMC 17.80. See id.; see also SVMC 17.80.030 (Table 17.80-1, Permit Type and Land 20 Use Application). In order to be approved, a site-specific rezone must satisfy seven criteria. See SVMC 19.30.030(B)(1)-(7). As is illustrated by the following 21 discussion, the proposal satisfies each of those criteria. 22 1. The rezone satisfies the requirements of Chapter 22.20, Concurrency. See SVMC 19.30.030(B)(1). 23 Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 8 1 As is discussed in Section I below, the proposed rezone satisfies the concurrency requirements of Chapter 22.20 of the SVMC. Therefore, this criterion is met. 2 2. The rezone is consistent with the Comprehensive Plan land use designation. See 3 SVMC 19.30.030(B)(2). 4 The property that is the subject of the rezone proposal is designated SFR under the Comprehensive Plan. See Staff Report, p. 5. The proposal is to rezone the 5 property from R-1 to R-2. R-2 is an implementing zone of the SFR land use 6 designation. See id. Therefore, the proposed rezone is consistent with the current land use designation for the property. The proposed development is also generally 7 consistent with the goals and policies of the Comprehensive Plan, as is discussed in Section K below. This criterion for approval of a rezone is satisfied. 8 3. The rezone bears a substantial relationship to the public health, safety, and 9 welfare. See SVMC 19.30.030(B)(3). 10 The proposed zone change is intended to address a split in the zoning of the southernmost parcel of the development. See Staff Report, p. 5. The majority of 11 that parcel is zoned R-2. See Exhibit 2. However, a 9,000 square foot area in the southeast corner of the parcel is zoned R-1. See id.; see also Staff Report, p. 5. The 12 split zoning of the parcel arose from an exchange of property between the Crapos 13 and the property owners to the south, the Thurmans. See Staff Report, p. 5. The property exchange was formalized through a BLA, designated under BLA file no. 14 BLA-2017-0001. See id. However, prior to the approval of the BLA, "the property owners signed an agreement with the City to seek a rezone of the properties at 15 the time either property was developed." See id. 16 The exchange of property was intended to create better home sites for the anticipated development. See Exhibit 5 (Zone Change Application). However, the 17 exchange created a parcel with split zoning, which can be problematic from the use and development perspective. See Staff Report, p. 5. For example, the 18 minimum lot requirements for each zone are different. See id. In any event, the 19 City recognized this problem, insisting that the parties to the BLA agree to seek a rezone if either property was subsequently developed. See id. It is certainly 20 preferable that a parcel have a single zoning classification. See id. This facilitates the consistent application of the development standards at a site. See id. The 21 Hearing Examiner Pro Tem agrees with the Staff that approving the rezone better serves the public health, safety, and welfare by establishing a single 22 development standard for the property. 23 Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 9 1 The Hearing Examiner Pro Tern also notes that there is no apparent harm to the public health, safety, and welfare. The area proposed for rezoning is relatively 2 small, being just over 9,000 square feet. There is no evidence that the rezone will 3 have significant, negative consequences on the neighboring properties. The Hearing Examiner Pro Tern also doubts that the total territory classified as R-1 4 or R-2 is changing to a significant degree, once the splits in zoning are resolved, given that the origin of this concern is a property exchange. Moreover, the 5 property exchange facilitated an improved plan for developing the property. In other words, the configuration of the preliminary plat is improved as a result of 6 the exchange, assuming a consistent zoning standard is applied to the entire 7 parcel. The Hearing Examiner Pro Tem concludes that this criterion for approval is 8 satisfied. 9 4. The rezone is warranted in order to achieve consistency with the Comprehensive Plan or because of a need for additional property in the proposed zoning district 10 classification, or because the proposed zoning classification is appropriate for 11 reasonable development of the subject property. See SVMC 19.30.030(B)(4). The Hearing Examiner Pro Tern finds that the proposed rezone is warranted 12 because the proposed zoning classification is appropriate for the reasonable 13 development of the subject property. As discussed above, a property exchange was completed to better configure the property for home sites. That exchange, 14 however, resulted in a split zoning that the City anticipated would need to be addressed at the time the property was developed. The rezone, therefore, directly 15 fulfills this criterion because the proposed reclassification is intended to facilitate the reasonable development of the property. The Hearing Examiner Pro Tern 16 agrees with the Staff that establishing a single zoning for the parcel is 17 appropriate both for consistency in the application of development standards, as well as to facilitate the productive use of the property. This criterion is met. 18 5. The property proposed for rezone is adjacent and contiguous (which shall include 19 corner touches and property located across a public ROW) to property of the same or higher zoning classification. See SVMC 19.30.030(B)(5). 20 The rezone application seeks to change the zone of the small, R-1 area to R-2, so 21 that the zoning classification matches the rest of the parcel. There is no question that the property proposed for rezone is adjacent to and contiguous with property 22 of a higher zoning classification. As a result, this criterion for approval is satisfied. 23 Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 10 1 6. The rezone is not materially detrimental to uses or property in the immediate vicinity of the subject property. See SVMC 19.30.030(B)(6). 2 The rezone merely changes the zoning of one portion of a parcel from R-1 to R-2, 3 so that the entire parcel has the same zoning. The change is from one type of residential classification to another. The land use is designated as SFR. Both R-1 4 and R-2 are implementing zones for this land use designation. The surrounding 5 properties are also zoned for single-family use. See Staff Report, p. 6. The change to R-2 will allow single-family development consistent with the existing uses of 6 the surrounding properties. See id. There is no evidence that developing the property with single-family residences will have a detrimental impact on other 7 residential users. Therefore, this criterion is fulfilled. 8 7. The rezone has merit and value for the community as a whole. See SVMC 19.30.030(B)(7). 9 The Hearing Examiner Pro Tem believes that the preceding discussion 10 establishes that the rezone has merit for and value for the community as a whole. The Hearing Examiner Pro Tern also agrees and incorporates the Staffs finding 11 as follows: 12 The zone change resolves the issue of a single property bisected by two different zoning districts and development of the property consistent with the intent of 13 the Comprehensive Plan has merit and value for the community. 14 See Staff Report, p. 6. The Hearing Examiner Pro Tern concludes that this 15 criterion is satisfied. 16 G. Compliance with SVMC Title 19 (Zoning Regulations): The property proposed for development is zoned R-21, Single-Family Residential 17 Suburban. Single-family residential uses are outright permitted in this zone. See SVMC 19.60.050 (permitted use matrix). However, any residential development 18 must meet the minimum lot size, density, setback, maximum lot coverage, and 19 building height requirements of the zone. See Staff Report, pp. 6-7. The proposed preliminary plat satisfies the development standards that are 20 applicable at this stage. The minimum lot size in the R-2 zone is 10,000 square 21 22 1 As discussed above,there is a small portion of one lot that is zoned R-1. However, a rezone is proposed in conjunction with the preliminary plat application and the Hearing Examiner Pro Tern has already concluded that 23 the rezone should be approved.Therefore,for purposes of this section of the decision, it is assumed that all the property is zoned R-2. Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 11 1 feet. See SVMC 19.70.020 (Table 19.70-1). The preliminary plat satisfies this requirement by designing lots that range from 10,125 square feet to 20,149 2 square feet in size. See Staff Report, p. 7. 3 The proposed preliminary plat also adheres to the applicable density standards. The maximum allowed density in the R-2 zone is 4 dwelling units per acre. See 4 SVMC 19.70.020 (Table 19.70-1). The applicant proposes to divide 7.3 acres into 22 residential lots. See Staff Report, p. 7. This results in a gross density of 3 5 dwelling units per acre, which is under the density threshold. See id. 6 The other development standards, such as building height, lot coverage, and setbacks, will be addressed at the building permit stage. See Staff Report, p. 7. 7 The developer will be required to satisfy those standards in order to obtain 8 building permits. 9 H. Compliance with SVMC Title 21 (Environmental Controls): On April 13, 2018, the City, as the lead agency, issued a Determination of 10 Nonsignificance (DNS) for this project. See Exhibit 10. The DNS was based upon a review of the completed environmental checklist, the application, the municipal 11 code, a site assessment, and comments from the public and affected agencies. See 12 Staff Report, p. 7. There was no testimony or other evidence presented at the hearing, which established that the project would result in significant 13 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 14 its issuance. See Exhibit 10. The DNS was not appealed. See Staff Report, p. 8. A 15 review of the record did not reveal anything to the Hearing Examiner Pro Tem that casts serious doubt on the City's threshold determination. 16 The site is largely flat, having slopes of 1.5%. See Exhibit 11 (SEPA Checklist ¶ B(1)(b)). There is a small area of steep slopes, with grades ranging from 15-30% 17 or more along the southwest boundary. See id. However, this area is at the rear 18 of lots 16, 17, 18, and 19 of the preliminary plat, and thus will not be impacted by the development plans. See id. Some minor erosion could occur at the site during 19 construction, but will be mitigated through best management practices. See Exhibit 11 (SEPA Checklist ¶ B(1)(f)). "No erosion would be expected from the 20 use of the site as surfaces will be stabilized by paving, concrete, buildings and 21 landscaping." See id. Drainage from the site will be handled using methods consistent with the Spokane Regional Stormwater Manual (SRSM). See Exhibit 22 11 (SEPA Checklist ¶ A(14)(a)(1)). There is no evidence that such standard practices will not be effective to handle stormwater. The applicant submitted a 23 comprehensive storm drainage report to the city, which was accepted by the Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 12 1 Engineering Department. Testimony of T. Whipple. The site itself contains no surface waters or wetlands. See Exhibit 11 (SEPA Checklist ¶ B(3)(a)(3)). In 2 addition, there no known threatened or endangered species of plants or animals 3 on or near the site. See Exhibit 11 (SEPA Checklist ¶ B(4)(c) & B(5)(b)). Although there do not appear to be any significant environmental issues 4 regarding the proposal, some additional comments concerning critical areas are 5 warranted. As most relevant to the record in this case, the critical areas of concern include wetland and floodplains. 6 According to an NWI Map, a wetland exists along the east boundary of the site and may actually encroach into the property proposed for development. See 7 Exhibit 17. In the Hearing Examiner Pro Tem's experience, these types of maps 8 are estimations of the size of wetlands or suspected wetlands and are not based upon a field investigation of the conditions of a site. In any case, the uncertainty 9 created by the NWI Map prompted the applicant to enlist the services of a biologist to investigate further. See Exhibit 7. 10 On January 12, 2018, Mr. Larry Dawes of Biology, Soil, & Water, Inc., conducted 11 a field investigation in an effort to determine whether there were wetlands on the development site. See Exhibit 7. Based upon his investigation of the site, and in 12 particular due to the upland vegetation and position of the site, Mr. Dawes concluded as follows: 13 There are no wetlands on the Ponderosa East 2nd Addition property. The City 14 of Spokane Valley wetland map that depicts wetlands on the Ponderosa East 2nd Addition property is not correct. 15 See id. Mr. Dawes also acknowledged that a "stormwater feature" existed on the 16 adjacent property. See id. That feature has not yet been classified or delineated. 17 See id. Mr. Dawes was unable to investigate the matter further, however, because of the amount of snow on the ground and the absence of permission to 18 enter the neighbor's land. See id. 19 According to the only expert assessment of the site, therefore, there are no wetlands within the boundary of the preliminary plat. However, there is a 20 potential wetland adjacent to the site. The proximity of that "wetland," however, is the subject of some controversy. 21 The SEPA checklist states that the wetland on the adjacent property is 22 approximately 300 feet from the plat boundary. See Exhibit 11 (SEPA Checklist ¶ B(3)(a)(3)). In his public comment, Mr. Peregoy contended this was inaccurate, 23 based upon his first-hand knowledge of the property (although he was admittedly Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 13 1 uncertain as to the actual property boundaries). See Exhibit 14 (Comment of B. Peregoy). He contended that a large wetland was right on the border of the plat, 2 and possibly encroached into the plat. See id. By contrast, the project engineer 3 contended that the alleged wetland most likely was contiguous with the floodplain as shown on the FEMA Flood Insurance Rate Map. Testimony of T. 4 Whipple. He marked that map to demonstrate the 300-foot separation. See Exhibit 21. This issue is unresolved at this time, as the following discussion 5 illustrates. 6 A delineation of that potential wetland is necessary in order to determine the kind or extent of mitigation measures that are necessary for Ponderosa East 2nd 7 Addition. The Staff properly and succinctly analyzed the problem, stating as follows: 8 SVMC 21.40.020 through SVMC 21.40.025 apply to all clearing, uses, 9 modifications, or development within or adjacent to wetlands unless exempt. This action is not exempt and must comply with the wetland regulations. A 10 wetland delineation and classification is required. However, the wetland is 11 located on the adjacent property and inaccessible to the applicant. Based on the access limitation the Washington State Department of Ecology (WSDOE) has 12 recommended the applicant determine the wetland type using aerial map imagery, historical information, field study from the site using optics, and 13 whatever other means may be available. Once the wetland type has been classified pursuant to Washington State Wetland Rating System for Eastern 14 Washington (Ecology Publication No. 14-06-030, or as amended and approved 15 by WSDOE), then the appropriate wetland protection can be established. Wetland protection may consist of buffers, or a combination of buffers, wetland 16 impact minimization measures, buffer width averaging, and or off-site mitigation. The requirement to classify the wetland type has been included as a 17 recommended condition of approval. 18 See Staff Report, p. 8. 19 The Hearing Examiner Pro Tern agrees with the Staffs analysis of this issue. There is no wetland within the plat boundary. However, the presence of a 20 potential wetland on the adjacent land requires that some type of delineation be made. It may be that somewhat unorthodox techniques are required to make the 21 required judgments, but the circumstances seem to require an atypical approach. 22 And the alternative methods to classify the "wetland" were suggested by the WSDOE, the state agency with expertise on such matters. See Staff Report, p. 8. 23 Once the "wetland" is classified, the appropriate buffers or other measures can be Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 14 1 implemented, if called for the by the results of that effort. In the Hearing Examiner Pro Tern's view, the proposed condition of approval makes sense given 2 the circumstances of this case. 3 The applicant has acknowledged that a designated floodplain encroaches into the site approximately 15-20 feet. Testimony of T. Whipple. The floodplain 4 encroachment is on the east side of the site and encompasses approximately 3 of 5 the proposed lots. See Exhibit 11 (SEPA Checklist ¶ B(3)(a)(5)). The affected floodplain is shown on FEMA flood panel 53063C0732D. See id.; see also Staff 6 Report, p. 8. The presence of the floodplain, however, does not preclude development. Rather, if development takes place within the floodplain, a 7 floodplain development permit will be required. See id.; see also SVMC 21.30.070(A). Any development within the floodplain must also comply with the 8 ' provisions for flood hazard reduction. See id.; see also SVMC 21.30.090. These 9 requirements have been incorporated into the conditions of approval. Therefore, the potential impacts to floodplains have been addressed by this proposal. 10 The Hearing Examiner Pro Tern agrees with the Staff that the requirements of 11 SEPA and SVMC Title 21 have been fulfilled by the applicant's submittal of the required SEPA Checklist, the TGDL, and the City's issuance of the DNS, which 12 was not appealed. The City correctly concluded that the project would not have significant, adverse impacts on the environment that were not being addressed 13 through proper mitigation measures. Finally, compliance with the recommended conditions of approval set forth in this decision will ensure the project complies 14 with the environmental controls contained in the SVMC. 15 I. Compliance with SVMC 22.20 (Concurrency Standards): 16 Under the concurrency standards of the SVMC, adequate public facilities must be available when the service demands of development occur. See Staff Report, p. 8. 17 More specifically, the SVMC states that concurrency must be evaluated for transportation, water, and sewer. See SVMC 22.20.010(A). 18 On December 18, 2017, the developer's traffic engineer submitted a TGDL in 19 support of the project. See Exhibit 12. The analysis provided the City with data regarding the traffic that will likely be generated by the proposed development. 20 On April 6, 2018, after considering the matter, the Spokane Valley Senior Traffic 21 Engineer issued Certificate of Transportation Concurrency. See Exhibit 15. The Certificate confirms that the City reviewed the development and determined that 22 sufficient roadway capacity either exists or will exist in order to accommodate the traffic anticipated from the proposed subdivision. See id. 23 Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 15 1 The proposed development also satisfies the requirements for emergency access. In conjunction with Spokane County Fire District#8, Spokane County 2 constructed an emergency access at Sands Road and 48th Avenue connecting 3 Dishman Mica Road over the Union Pacific Railroad track. See Staff Report, p. 9. The access was constructed to County road standards. See id. Fire District#8 4 determined that the access road satisfies the conditions and requirements for a dedicated emergency access in case of wildland fire. See id. 5 On July 27, 2016, Spokane County Water District#3 signed a Certificate of 6 Water Availability for the project. See Exhibit 15. The Certificate confirmed that the water system has the capacity and is authorized to provide water to the 7 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 8 in the development to the water system. See id. 9 On or about July 25, 2016, SCES issued a Certificate of Sewer Availability. See Exhibit 15. The Certificate indicates that an eight-inch sewer line was installed 10 when West Ponderosa Phase 1 was developed. See id. The sewer line bisects the 11 project site. See id. In addition, the Certificate confirms that the developer will design, fund, and construct the systems necessary to connect sewer service to the 12 development. See id. The record in this case demonstrates that transportation, water, and sewer 13 facilities are sufficient to support the proposed development. Therefore, the 14 concurrency requirements in Chapter 22.20 of the SVMC have been satisfied. 15 J. Compliance with SVMC Title 20 (Subdivision Regulations): The project is consistent with and promotes the public health, safety, and 16 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-2 17 zone. The project generally advances both the long-term and short-term goals for 18 the land. The proposal will put undeveloped land to productive use and will provide additional housing opportunities for the community. Various permits 19 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 20 Report, p. 10. There is also a myriad of project conditions designed to protect the 21 public interest and ensure that the project complies with applicable development regulations. 22 The project makes appropriate provisions for open space. See SVMC 23 20.20.100(B). The proposed subdivision must adhere to the SVMC requirements Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 16 1 regarding setbacks and lot coverage. Adherence to these standards will ensure that an appropriate amount of open space is incorporated into this development. 2 See Staff Report, p. 10. The SVMC does not mandate that additional open space 3 be set aside to support a project in the R-2 zone. See id. Given that compliance with the usual development standards will address the need for open space, the 4 Hearing Examiner Pro Tem concludes that this criterion is met. 5 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 6 the SRSM. See Staff Report, p. 11. The applicant submitted a comprehensive, concept drainage report to the City, which was accepted by Development 7 Engineering. Testimony of T. Whipple; see also Staff Report, p. 11. In addition, the plans for the drainage system must be reviewed and approved before the 8 project may proceed. See Staff Report, p. 11. This requirement is incorporated 9 into the conditions of project approval. The subdivision satisfies the requirements for streets and roads, alleys, 10 sidewalks, and other public ways. See SVMC 20.20.100(D). The streets, roads, 11 and sidewalks of the proposed subdivision will be constructed to City standards, and that requirement has been incorporated as a condition of approval. For 12 example, Sundown Drive, Edgar Court, and Sundown Court will be designed and built as local access streets with curbs, gutters, swales, and sidewalks. See Staff 13 Report, p. 11. The cul-de-sac located west of the site on Sundown Drive will be removed. See id. The area formerly occupied by the cul-de-sac will be re-built as a 14 local access street as described above. Testimony of T. Whipple. However, the 15 applicant has expressed unwillingness to undertake a vacation procedure, complete landscaping or sprinkler system extensions, or potentially take other 16 steps for the benefit of those who own property adjacent to the cul-de-sac. At the time of the hearing, the City did not have a definitive reaction to these questions. 17 Testimony of C. Riggs. Thus, the applicant and the City will need to sort out these matters prior to final plat approval. 18 The project makes appropriate provisions for public transit. See SVMC 19 20.20.100(E). The routes and availability of transit service are determined by the Spokane Transit Authority (STA). See Staff Report, p. 11. The nearest transit 20 stops are approximately 1/2 mile north of this site. See id. "This route is identified 21 as Spokane Transit Authority Route 97 with a weekday frequency of every 30 minutes and an evening and weekend frequency of every 60 minutes." See id. The 22 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 23 impact on the capacity of transit service. The STA did not provide any comments Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 17 1 regarding this project. See id. Presumably, the STA concluded that the project is adequately served and should not be the subject of further conditions directed at 2 transit service. 3 There is a public, potable water supply to serve the subdivision. See SVMC 20.20.100(F). Spokane County Water District#3 (the "District") is the local water 4 purveyor. See Staff Report, p. 11. The District signed a Certificate of Water 5 Availability for the project. See Exhibit 15. According to the certificate, the water system has sufficient capacity to serve the development. See id. 6 The subdivision will be served by a sanitary sewer system. See SVMC 20.20.100(G). A sanitary sewer system, operated by the SCES, is available for 7 ' this project. See Staff Report, p. 11. SCES confirmed, through a Certificate of 8 Sewer Availability, that the sanitary sewer system is available to serve this project. See Exhibit 15. 9 The project makes appropriate provisions for parks and recreation. See SVMC 10 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 11 the proposed subdivision will negatively affect the availability of parks or recreational areas. In addition, there are parks and recreation areas near the 12 proposed development. Castle Park, a 2.71-acre park, is located 1/2 mile north of the site. See Staff Report, p. 11. In addition, the Dishman Hills Natural Area 13 (DHNA) is located west of the site in Spokane County. See id. The DHNA 14 provides opportunities for near-urban hiking, trail running, and nature walks. See id. The Hearing Examiner Pro Tem concludes that there are sufficient parks 15 and recreation facilities to support this development. 16 The project makes appropriate provisions for playgrounds, schools, and school grounds. See SVMC 20.20.100(I). The site is located in the Central Valley School 17 District (CVSD). See Staff Report, p. 11. CVSD is responsible for providing for in- district students. See id. CVSD was notified of the subdivision and did not 18 provide any comments. See id. There is no other information in the record suggesting that the project either impacts the availability or capacity of school 19 facilities, or that the developer is responsible for providing additional facilities on 20 some other basis. Ponderosa Elementary School, Bowdish Middle School, and University High School are all within 1 mile of the site. The Hearing Examiner 21 Pro Tem concludes that the development is sufficiently served by playgrounds, schools, and school grounds. 22 The project addresses the need for sidewalks and other planning features that 23 assure safe walking conditions for students who only walk to and from school. See Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 18 1 SVMC 20.20.100(J). Sidewalks will be constructed on both sides of the interior streets, including Sundown Drive, Edgar Court, and Sundown Court. See Staff 2 Report, p. 11. There is no evidence that the proposed subdivision will impact 3 student access to the area schools, such that it would be appropriate to condition the project on offsite improvements to pedestrian access routes. The developer is 4 properly addressing the requirements of SVMC 20.20.100(J) by making the necessary onsite improvements. 5 The proposed subdivision serves the public interest. See SVMC 20.20.100(K). The 6 proposed use is consistent with the long-term planning in the City. See Staff Report, p. 11. The project will result in new housing opportunities, helping to 7 meet the needs of the community and the forecasted population. See id. The development will create new roadways with curbs, gutters, swales, and 8 sidewalks, resulting in additional vehicular and pedestrian access in the 9 neighborhood. See id. There are various conditions on the development that both protect the public interest and ensure that the project is completed without 10 causing significant impacts. 11 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 12 with the Staff that proposed subdivision satisfies or, with the conditions of approval, will satisfy the criteria set forth in the SVMC and other development 13 codes. See Staff Report, p. 11. The Hearing Examiner Pro Tem incorporates the Staff's analysis in this regard. See Staff Report, pp. 9-10. Neither the documents 14 on file nor the testimony or evidence presented at the hearing suggested that the 15 project deviates from the applicable development standards. The proposal makes appropriate provisions for other requirements found to be 16 necessary and appropriate and for which written standards and policies have 17 been adopted. See SVMC 20.20.100(M). The project is consistent with the goals and polices of the Comprehensive Plan. The project, as conditioned, meets the 18 requirements of the development standards. In addition, the project includes detailed conditions that incorporate the comments of all responding agencies or 19 departments. To the Hearing Examiner Pro Tern's knowledge, the proposal does not deviate from any other standards or policies. 20 K. Compliance with the Comprehensive Plan: 21 The property is designated as SFR under the Comprehensive Plan. This 22 designation addresses a range of residential densities from one dwelling unit per acre to six dwelling units per acre. See Staff Report, p. 12. The R-1, R-2, and R-3 23 districts of the SVMC are intended to implement the SFR designation. See id. Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 19 1 The proposed subdivision is a low-density residential development that is consistent with its R-2 zoning and the SFR designation under the Comprehensive 2 Plan. The neighborhood is characterized by single-family dwellings on larger lots. 3 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 4 well with the existing neighborhood given these characteristics. The proposed density of Ponderosa East 2nd Addition is 3 units per acre, which is well below the 5 maximum density for SFR-designated property. In addition, the project will be required to satisfy the City's design standards for this type of use. See id. As a 6 result, the project promotes the objectives of Policy LU-G1, which seeks to 7 maintain and enhance the character and quality of life in Spokane Valley. See id. The proposed development also addresses the transportation policies of the 8 Comprehensive Plan. Pedestrian and street improvements will be made on the 9 interior streets, including separated sidewalks on both sides. See Staff Report, p. 12. In addition, the project is conditioned on satisfaction of community standards. 10 See id. These aspects of the development ensure that the neighborhood is served by safe and convenient transportation routes, as intended by Policies LU-P8 and 11 T-P6. See id. Similarly, the project fulfills Policy T-P9, which seeks to provide quality streets and sidewalk surfaces in order to ensure a safe environment for 12 all users. See id. 13 By developing 22 new single-family lots, the project creates additional housing opportunities to meet the needs of the community. See Staff Report, p. 12. 14 Although the target income market is unknown at this time, the proposed size of 15 the residential lots and density "adds the range of housing opportunities for home buyers." See id. The project therefore promotes the intent of Goal H-G1, which 16 seeks to allow a broad range of housing options. 17 The proposed subdivision, as conditioned, is also consistent with the various development standards set forth in the Comprehensive Plan. For example, a 18 stormwater system will be designed to protect the aquifer, consistent with Policy CF-P10 and Goal NR-G2. See Staff Report, pp. 12-13. The project will be 19 connected to public water and sewer, per Policy CF-P13. See id., p. 13. Project conditions will ensure that the project properly accounts for the need for 20 emergency access and water supply/pressure, in accordance with Policy CF-P3. 21 See id. The project will also satisfy the other standards, as described by the Staff. See Staff Report, pp. 12-13. 22 23 Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 20 1 L. Public Comments: 2 Members of the community submitted comments and raised concerns about the project, both in writing and by testifying at the hearing. Although various 3 subjects were addressed, the Hearing Examiner Pro Tern believes the following issues were the most pertinent to his review of the proposal. 4 Notice. One individual objected that she received no notice of the public hearing, 5 and "neither did anyone else." Testimony of R. Johnson. Another neighbor also commented that she did not receive notice of the hearing. See Exhibit 14 (E-mail 6 of J. Lundberg 4-22-18, 4:46 PM). The Hearing Examiner Pro Tem, however, finds that notice of the hearing was properly given in this case. 7 Under the SVMC, notice of the hearing must be mailed, posted, and published at 8 least 15 days prior to the hearing date. See SVMC 17.80.120(B). The record establishes that the City followed these procedures. See Exhibit 13. In addition, 9 the mailed notice is only required for property owners within 400 feet of the perimeter of the subject site. See SVMC 17.80.120(B)(1). The City provided more 10 notice than was required under the applicable rules by mailing the notice to 11 everyone within 800 feet of the site. Testimony of M. Palaniuk. In addition, it was not clear on this record that the objecting individuals homes were within 800 feet 12 of the outer boundary of the preliminary plat. If their residences were outside that area, they were not legally entitled to individual notice. The same is true for 13 "anyone else" who resided outside that area. 14 The Hearing Examiner Pro Tem concludes that the method of notification was reasonably calculated to provide notice consistent with both due process 15 principles and state and local law. 16 Fire Access/Egress. Another comment received was that there is "no escape" from the subdivision in the event of a major fire. Testimony of R. Johnson. The egress 17 from this area has traditionally been a problem, and serious fires have occurred in the past. See id.; see also Exhibit 14 (E-mail of J. Lundberg 4-22-18, 4:46 PM). 18 The Hearing Examiner Pro Tem does not doubt the gravity of this issue. 19 However, the concerns about fire hazards, as related to this project, have been adequately addressed. 20 Fire District#8 has determined that the fire access to and from the site is 21 sufficient. See Exhibit 15. Fire District#8 did not propose any conditions for the construction of additional access. See id. Fire District#8 also concluded that the 22 turnarounds appear to be adequate as proposed. See id. Fire District#8 also requested other conditions to address fire risks, including the installation of 23 automatic sprinklers in all new residences, a 30-foot buffer around new homes to Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 21 1 reduce the risks from fire, and the use of fire-resistant materials in the construction. See id. The "firewise" buffer requirement effectively will result in 2 the clear-cutting of the property. Testimony of T. Whipple. This will certainly 3 reduce the available fuel and path of travel for a wildfire, although there is an obvious downside to removing all the trees. 4 The only expert opinion on this issue is in the form of comments from Fire District#8. There was no expert testimony to demonstrate that additional fire 5 access was necessary for this development. There are several conditions of 6 approval that are intended to reduce the hazards from fire. Given the circumstances, the Hearing Examiner Pro Tern concludes that the fire risks are 7 adequately addressed. 8 Water Conditions. Several comments raised concerns about wetlands, floodplains, and other water conditions. One resident in the area wondered where all the 9 water would go. Testimony of R. Johnson. This seemed to be a concern about both flooding and drainage. Another resident stated that there was flooding behind 10 her home every year, and that there were several ponds next to the proposed 11 plat. See Exhibit 14 (E-mail of J. Lundberg 4-22-18, 4:46 PM). Another resident, who was also a Ph.D. in Plant Biology, provided thoughtful criticisms of the 12 Wetland Delineation Report prepared by the applicant's biologist. See Exhibit 14 (Comment of B. Peregoy). He also provided, among other things, several photos of 13 the adjacent land showing the standing water on that property. See id. These pictures undoubtedly show the "ponds" referred to by the other property owner. 14 The question of how drainage will be handled on the project site has been 15 thoroughly addressed above. In sum, a concept drainage plan has been professionally prepared and accepted by the City. The drainage system will 16 account for all drainage from the site, in accordance with the SRSM. And final 17 drainage plans must be reviewed and approved as a condition of the final plat. There was no specific information or expert testimony that called any of this into 18 question. From the evidence in this record, the "ponds" are located on the adjacent land, ly not on the project site. This does not mean, however, that the protection of that 20 water feature has no bearing on this Application. As Mr. Peregoy points out, the "wetland" has not been properly delineated. As a result, it is not possible to 21 determine whether the proposed plat will have impacts on that "wetland," or precisely what conditions may be required to protect any environmentally 22 sensitive conditions. However, it should also be acknowledged that the 23 applicant's biologist was quite frank about the limitations of his report. He Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 22 1 conceded that a proper classification or delineation of the off-site "stormwater feature" could not be made due to both the snow-cover and the lack of access to 2 the neighboring land. To address the uncertainty, the City has proposed a 3 condition for classification and delineation of the neighboring water feature, so that reasonable judgments can be made about the proper project conditions. As 4 the Hearing Examiner Pro Tem previously concluded, this condition properly addresses the concerns raised in the public comments. The Hearing Examiner 5 Pro Tem's previous analysis concerning the potential impacts on critical areas also applies here. 6 Finally, the presence of a floodplain has also been previously addressed. The 7 developer will be required to obtain floodplain development permits on the small area of the plat affected by the floodplain. This requirement addresses the issue, 8 given the applicable law. 9 III. DECISION 10 Based on the Findings of Fact and Conclusions of Law above, the application to 11 vacate SHP-2012-0005 and to realign ROW and public sewer line easements, to change the zoning on the southerly 9,360 square feet of parcel 45333.9172 from 12 R-1 to R-2, and for a preliminary plat to subdivide 7.3 acres into 22 single-family residential lots is hereby approved, subject to compliance with the conditions of 13 the various agencies specified below. 14 Any conditions of approval of public agencies that have been added or significantly altered by the Examiner are italicized. This approval does not waive 15 the applicant's obligation to comply with all other requirements of other public 16 agencies with jurisdiction over land development. Minor revisions should be made to the conditions of approval to ensure proper 17 formatting, clarity, and consistency with the findings of fact above. 18 A. Conditions of Approval: 19 The following general conditions apply to the approval of PLV-2018-0001, REZ-2018-0001, and SUB-2018-0003: 20 Spokane Valley Planning Division: 21 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 22 Plat, Short Plat, and Binding Site Plan Alterations). 23 Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 23 1 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 Designee at 2 30 calendar days prior to the expiration of the preliminary plat approval. 3 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 4 SVMC that does not conform to the requirements of the preliminary plat approval 5 or that occurs without approval, shall be considered a violation of Chapter 58.17 RCW, and shall be restrained by injunctive action and shall be illegal, as provided 6 in Chapter 58.17 RCW. 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 7 and distinct offense. 8 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 9 professional land surveyor. The professional land surveyor shall certify on the 10 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 11 Survey Recording Act (RCW 58.09), Survey and Land Descriptions (Washington Administrative Code [WAC] 332-130). 12 5. SVMC 20.30.050 (Expiration of Preliminary Approval) stipulates that preliminary 13 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 14 extension of time is not submitted and approved, the preliminary approval expires 15 and the preliminary plat is null and void. 16 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 17 receipt of all required signatures on the face of the plat. 18 7. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by the applicant prior to recording. 19 Prior to final plat application or in association with final plat the applicant 20 or successors in interest shall: 21 Spokane Valley Planning Division: 1. Submit a final plat application that complies with all submittal requirements 22 specified in SVMC 20.40. 23 2. Submit a final plat containing the following note on the face of the plat: Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 24 tl 1 "All lots within this plat shall comply with the building setback requirements, maximum building height standard, maximum lot 2 coverage standard and other applicable lot development standards for 3 the R-2 zoning district or successor zoning designation to the extent permitted by Washington State law in effect at the time of building 4 permit application." 5 3. An Alternative wetland rating method shall be established to determine the wetland category of the off-site wetland. Methods shall be subject to approval by 6 the City, and all work shall be,conducted by a qualified professional. The City shall consult with WSDOE to determine if the proposed methods are appropriate. 7 WSDOE can provide guidance on establishing a Wetland Rating method without 8 accessing the property. Once the wetland category has been determined wetland buffers pursuant to SVMC 21.40.022 through 21.40.024 will be determined. This 9 condition must be completed prior to any land disturbance activity on the site. 10 4. Submit a wetland report pursuant to SVMC 21.40.025. 11 5. Show any established wetland buffers on the final plat. 12 6. Provide documentation that the "Private Road & Utility Easement" recorded at Auditor File No. 4035378 has been extinguished. The easement shall be shown on 13 the final plat if it has not been extinguished. 14 Spokane Valley Building Division 1. The following addresses have been assigned and shall be designated on the final 15 plat: 16 Block/Lot Address Alternate Address Block 1 17 Lot 1 4030 S University Court 4035 S Sundown Drive Lot2 4028 S University Court 18 Lot 3 4024 S University Court Lot4 4016 S University Court 19 Lot 5 4012 S University Court Lot 6 4008 S University Court 20 Lot 7 4007 S University Court Lot 8 4011 S University Court 21 Lot9 4017 S University Court Lot 10 4021 S University Court Lot 11 4025 S University Court _ 22 Lot 12 4027 S University Court Lot 13 4029 S University Court 23 Lot 14 4107 S Sundown Drive Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 25 1 Lot 15 4120 S Sundown Drive 4115 S Mercy Court Lot 16 4117 S Mercy Court 2 Lot 17 4119 S Mercy Court Lot 18 4116 S Mercy Court 3 Lot 19 4112 S Mercy Court Lot20 4110 S Sundown Drive 4110 S Mercy Court 4 Lot 21 4106 S Sundown Drive Lot22 4044 S Sundown Drive 5 6 Spokane Valley Development EnLineering Division: 1. A Professional Engineer, licensed in the State of Washington, shall prepare 7 required engineering documents (including civil/street plans, drainage plans, drainage calculations, traffic studies, shared access driveway plans, etc.) Plans 8 shall conform to the 2009 SVSS or as amended; the 2008 SRSM or as amended; 9 the SVMC; and all other federal, state and local regulations, as applicable. 2. Review of civil plans and supporting documents cannot proceed until a 10 preliminary plat decision has been issued and an application for a Land 11 Disturbance permit has been received. All documents (plans, reports, etc.) shall be submitted through the Building Department Permit Center located at 11707 E 12 Sprague Avenue, Suite 108. 13 3. A Geotechnical Evaluation and documentation is required that meets the requirements of SVMC 21.40.050, 2009 SVSS Chapter 8, and 2008 SRSM Chapter 14 4. The evaluation and documentation shall be included with the first submittal of the civil plans. It is recommended that the evaluation also consider the future 15 construction of houses. 16 4. The internal streets shall be designated and designed as local access public 17 streets per Typical Street Section R-120. Any ROW and/or border easement dedications shall be designated on the final plat language and map. Where streets 18 end at the plat boundary, the ROW and border easements shall continue to the plat boundary. Sidewalks are required on both sides of the streets. 19 5. The cul-de-sac that currently resides on the west side of the proposed subdivision 20 on South Sundown Drive, shall be removed and reconstructed beginning at the 40-foot-wide roadway northwest of the existing cul-de-sac and then transition to 21 33 feet at the west plat boundary. The roadway edge through this section shall be 22 bounded by curbing to match existing. Appropriate landscaping and irrigation (if required) and the extension of existing driveways out to the edge of the new street 23 shall be completed to the City's satisfaction. Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 26 1 6. A sight distance analysis shall be prepared for Lots 1 and 13 per 2009 SVSS 7.6.5 with the sight distance triangles shown on the civil plans. The areas within the 2 sight distance triangles shall be free of any sight-obstructing objects including 3 buildings, parked vehicles, signs, fences, and landscaping. 7. In accordance with the SV1VIC, Zoning Regulations (22.50.020 Residential 4 Standards), all residential driveways shall be paved. Private driveways shall 5 conform to 2009 SVSS Section 7.3.4. 6 8. Flood plain development and associated public improvements that fall within a flood plain boundary: 7 • 21.30.070.A (Development Permit Required) —A development permit shall be 8 obtained before construction or development begins within any area of special flood hazard established in this chapter. 9 • 21.30.090.A.5.b (Subdivision and Other Proposed Developments) —All 10 subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems located and constructed to minimize or 11 eliminate flood damage. 12 • 21.30.090.C.6. (A Zones with Base Flood Elevations and Floodways 13 Established) — In the A zones where base flood elevations have been provided and floodways have been established, the development may not increase the 14 surface water elevation of the base flood at any point. 15 9. Residential structures in Lots 14 and 15 shall be reviewed for floodplain permit requirements. 16 10.Driveway approach design shall follow the 2009 SVSS, or as amended. 17 11.All stormwater facilities are to be designed per the 2008 SRSM. Linear roadside 18 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 19 adjacent to a private street or driveway serving more than one lot. Non-roadside 20 facilities such as ponds (especially consolidated ponds, which are those receiving runoff from more than one lot) shall be within a tract per 2008 SRSM 11.2. If 21 tracts are utilized then a Homeowner's Association shall be required. 22 12.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 23 classification and that the drywells will function as designed may be performed Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 27 1 ' during construction. If this option is exercised, then the following note shall be placed on the cover of the plans: 2 • Per 2008 SRSM methods, a qualified licensed engineer shall evaluate, 3 classify and document the soils in the excavated drywell infiltration zone prior to installation of the filter fabric, drainage rock or drywell barrel and 4 shall determine if the soil's conditions will be suitable and capable of 5 infiltrating storm water at the design flow rate. Engineer shall submit a copy of the documentation detailing the observations, the conclusions, and the 6 basis for the conclusions to Development Engineering. If the engineer determines that the soils do not meet the design's requirements or that a 7 condition exists preventing the drywell from functioning as designed, the 8 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 9 Spokane Valley for review and acceptance. 10 13.For the General Construction Notes use those in the 2009 SVSS Appendix 4A rather than those in the 2008 SRSM Appendix 3B. 11 14.Show all utilities and utility easements (i.e. telephone, power, etc.). The permittee 12 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 13 the clear zone. The clear zone requirements can be found in the 2009 SVSS, or as 14 amended. The permittee shall contact every utility purveyor impacted by the project and conduct the following: 15 • Discuss with the purveyor the proposed work including private services, 16 utility improvements, and any relocations and adjustments as well as the costs for these activities, 17 • When utility relocations are required, obtain from the purveyor a written 18 statement that they acknowledge and concur with or have alternatives for the needed work; and 19 • Forward a copy of the statement to Development Engineering. Receipt of 20 statements will be required prior to plan approval. 21 15.If sewer and/or water needs to be brought to the properties and to do this requires 22 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 23 the extents of pavement removal and replacement. Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 28 1 16.A1l new dry wells and other injection wells shall be registered with the Underground Injection Control program (UIC) at the Washington State 2 Department of Ecology (WSDOE), prior to use. Discharge from the well(s) shall 3 comply with the ground water quality requirement (nonendangerment standard) at the top of the ground water table. For registration forms and further 4 information, contact the UIC staff at UIC Program, WSDOE, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143 or go to: 5 http://www.ecy.wa.gov/programs/wq/grndwtr/uic/UlConlineregis.html 6 Copies of the registration for drywells, which receive public road stormwater 7 runoff, shall be sent to Development Engineering. The City of Spokane Valley National Pollutant Discharge Elimination System (NPDES) Permit#is 8 WAR04-6507. 9 17.A Construction Stormwater Permit will need to be obtained from WSDOE, if both 10 of the following conditions apply: • The construction project disturbs one or more acres of land (i.e. area is the 11 cumulative acreage of the entire project, whether in a single or a multiphase 12 project). 13 • If there is a possibility that stormwater could run off the site during construction and into surface waters or into conveyance systems leading to 14 surface waters of the state. 15 Construction site operators must apply for a permit at least 60 days prior to discharging stormwater. More information can be obtained from: 16 http://www.ecy.wa.gov/programs/wq/stormwater/construction/ 17 With regard to Plat Vacation PLV-2018-0001: 18 18.The proposed plat vacation is acceptable to Development Engineering providing 19 that the existing ROW to be vacated is relocated and dedicated with a separate 20 ROW deed or through the final platting of Ponderosa East 2nd Addition. The plat vacation shall not be finalized until the new ROW dedication is complete. 21 Spokane County Environmental Services Department: 22 1. As per the development regulations/zoning code of the governing authority as amended, the dedication shall state: 23 Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 29 1 "Public sewers shall be constructed to provide for the connection of each parcel to the County's system of sewerage. Uses on properties 2 within the project shall be required to connect to the sewer and pay 3 applicable charges per the County Sewer Ordinance. Sewer connection permits shall be required. All existing uses, not currently 4 connected to the sanitary sewer system, are required to be connected." 5 2. The appropriate Capital Facilities Rate (CPR) will be assigned to this 6 development. 7 3. Easements shall be clearly delineated and labeled on the face of the plat as Public Sanitary Sewer and the dedication shall state: 8 "Public Sanitary Sewer Easement platted and shown heron shall be 9 perpetual easements granted to Spokane County, its successors and assigns for the sole purpose of constructing, installing, operating, 10 maintaining, repairing, altering, replacing, removing, and all other 11 uses or purposes which are or may be related to a sewer system including gravel access road. Spokane County, its successors and 12 assigns at all times hereinafter, at their own cost and expense, may remove all crops, brush, grass or trees that may interfere with the 13 constructing, installing, operating, maintaining, repairing, altering, 14 replacing, removing and all other uses or purposes which are or may be related to a sewer system. The grantor(s) reserves the right to use 15 and enjoy that property which is the subject of this easement for purposes which will not interfere with the County's full enjoyment of 16 the rights hereby granted; provided, the grantor(s) shall not erect or construct any building or other structure or drill on the easement, or 17 diminish or substantially add to the ground cover over the easement. 18 The easement described hereinabove is to and shall run with the land." 19 4. Applicant shall submit expressly to Environmental Services "under separate 20 cover," only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. Prior to plan 21 submittal, the developer is required to contact Chris Knudson or Colin Depner at 477-3604 to discuss details of the sewer plans. Once submitted, the sewer plan 22 may require revisions and/or additional plat comments may need to be addressed. 23 Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 30 1 5. Sewer plans acceptable to the Environmental Services shall be submitted prior to the finalization of the project. 2 6. As per the development regulations/zoning code of the governing authority as 3 amended, security shall be deposited with Environmental Services for the construction of the public sewer connection and facilities and for the prescribed 4 warranty period. Security shall be in a form acceptable to Environmental Services 5 and in accordance with the Spokane County Sanitary Sewer Ordinance. 6 7. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 7 With regard to Plat Vacation PLV-2018-0001: 8 8. Prior to plat vacation, a "Temporary" Public Sanitary Sewer Easement needs 9 recorded over the existing public sanitary sewer main, with a copy returned to Spokane County Environmental Services. This easement will remain in place 10 until such time as a public ROW has been established and new public sanitary sewer easements recorded with the new plat. An example will be provided upon 11 request. 12 Spokane Regional Health District: 13 1. The final plat shall be designed as indicated on the preliminary plat of record and/or any attached sheets as noted. 14 2. Appropriate utility easements shall be indicated on copies of the preliminary plat 15 of record for distribution by the Planning Department to the utility companies, Spokane Valley Engineer, and SRHD. 16 3. Sewage disposal method shall be as authorized by the Director of Utilities, 17 Spokane County. 18 4. Water service shall be coordinated through the Director of Utilities, Spokane County. 19 5. Water service shall be by an existing public water supply when approved by the 20 Regional Engineer (Spokane), State Department of Health. 21 6. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of SRHD that an adequate and potable water supply is available to each lot of the 22 plat. 23 Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 31 1 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. 2 8. A public sewer system will be made available for the plat and individual service 3 will be provided to each lot prior to sale. Use of individual on-site sewage disposal shall not be authorized. 4 9. A statement shall be placed in the dedication to the effect that: 5 "A public sewer system will be made available for the plat and 6 individual service will be provided to each lot prior to sale. Use of 7 individual on-site sewage disposal systems shall not be authorized." 10.The dedicatory language on the plat shall state: 8 "Use of private wells and water systems is prohibited." 9 11.The final plat dedication shall contain the following statement: 10 "The public water system, pursuant to the Water Plan approved by 11 County and State health authorities, the local fire protection district, 12 City of Spokane Valley and water purveyor, shall be installed within this subdivision, and the applicant shall provide for individual 13 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." 14 Spokane Valley Fire Department (Fire District #8): 15 1. Per the revised Spokane Valley Fire Department resolution, the following are 16 required: • Automatic residential sprinkler systems shall be installed in new homes per 17 the International Residential Code (IRC) designed in accordance with 18 Appendix Q or NFPA 13D; and 19 • A minimum of a 30-foot green space shall be constructed around new homes to buffer from threa[t] of fire; and 20 • Buildings and structures shall be constructed in accordance with the 21 Wildland-Urban Interface Code Class 3 Ignition-Resistant construction. 22 2. The proposed hydrant locations are acceptable. Provide a water plan showing the location of the required hydrant and the size of the water main. New fire hydrants 23 shall: Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 32 1 • 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 2 inches above the curb grade. There shall be a clear area around the hydrant 3 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 4 outlets and the control valve. 5 • 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 6 outlets. Threads on all outlets shall be National Standard Thread (NST). 7 • 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 8 and location of the fire apparatus while pumping, as determined by the local 9 fire protection authority. 10 3. The proposed road names shall be revised to coincide with established road names in the surrounding road grid. University Court is recommended in lieu of 11 Sundown Court and Mercy Court in lieu of Edgar Court. 12 4. Turnaround shall be verified as part of the grading review. 13 5. Fire apparatus access roads/driveways and turnarounds shall be posted as "No Parking - Fire Lane." 14 • Access 20 to 26 feet posted on both sides. 15 • Access 26 to 32 feet posted on one side (same side as the hydrant). 16 • At ends of turnarounds 17 6. Addresses shall be posted so they are visible from the ROW during and after 18 construction. Numbers shall be a minimum 4" tall and contrasting to the background. 19 Spokane County Water District#3: 20 1. The Water Main must extend past the East property line of Sundown Court, 21 equipped with blowoff assembly, and an easement granted to Spokane County Water District# 3 and shown on the final plat. 22 2. A detailed water plan must be submitted to Spokane County Water District#3 for 23 approval. Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 33 1 AVISTA Utilities: 2 1. 10-foot utility easements are to be shown and dedicated along the fronts of all parcels and behind any border easements. 3 2. Include the following language in the plat dedication: 4 "Easements for 'Dry' utilities (electric, gas, phone, fiber, cable TV) as 5 shown on the herein described plat are hereby dedicated for the use of serving utility companies for the construction, reconstruction, 6 maintenance, protection, inspection and operation of their respective facilities, together with the right to prohibit changes in grade over 7 installed underground facilities and the right to prohibit, trim and/or remove trees, bushes, landscaping, without compensation and to 8 prohibit structures that may interfere with the construction, 9 reconstruction, reliability, maintenance, and safe operation of same. Serving utilities are granted the right to cross border easements." 10 Prior to or during on-site construction the applicant or successors in 11 interest shall: 12 Spokane Tribe of Indians: 1. An Inadvertent Discovery Plan (IDP) shall be provided to the City by a qualified 13 professional; or the applicant may choose to utilize the template provided by the 14 City of Spokane Valley. The IDP shall be kept on site during all land disturbance activity. 15 Spokane Valley Development Engineering Division: 16 1. A pre-construction conference with Development Engineering is required prior to the start of construction. During this meeting, standards and submittal 17 requirements for the Construction Certification will be given to the project 18 engineer/inspector. 2. For construction affecting public ROW, forty-eight (48) hours prior to construction 19 securely post a sign at each point of ingress to the project area. Sign is to be 20 clearly visible from the right- of-way and to provide project construction details. See 2009 SVSS Section 9.7. 21 3. Permits are required for any access to or work within the ROW of the Spokane 22 Valley roadway system. A traffic control plan will be required to accompany the ROW obstruction permit. 23 Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 34 1 4. 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 2 maintained throughout the duration of construction and until the site has 3 stabilized. 5. All survey monuments shall be protected during construction. Any disturbed or 4 damaged monuments shall be replaced prior to certification/ final plat and/or 5 release of surety. 6 6. Construction within the proposed public streets and easements shall be performed under the direct supervision of a licensed Washington State Professional 7 Engineer/Land Surveyor. All work is subject to inspection by the City Senior Development Engineer or by his staff. 8 7. Upon completion of the improvements, a Construction Certification package and 9 record drawings are required for the improvements and shall be submitted and approved prior to Final Plat approval according to 2009 SVSS Chapter 9. 10 8. All public improvements shall provide a Performance/Warranty Surety per 2009 11 SVSS Chapter 9. The City accepts Letters of Credit, Cash Savings Assignments, and Bonds for Warranty Sureties. Bonds are not accepted for Performance 12 Sureties. 13 Prior to Final Plat: 14 9. ROW dedication and border easements must be designated on the final plat map. 15 10.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 16 of final plat to obtain plat language. 17 Washington State Department of Ecology: 18 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. 19 Local stormwater ordinances will provide specific requirements. Also refer to the Stormwater Management Manual for Eastern Washington 20 htt //www.ec wa. ov/ ro rams/w /stormwater/eastern_manual/manual.html ( p� Y• g P g q )• 21 All ground disturbed by construction activities must be stabilized. When appropriate, use native vegetation typical of the site. 22 2. All new dry wells and other injection wells must be registered with the 23 Underground Injection Control program (UIC) at WSDOE prior to use and the Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 35 1 discharge from the well(s) must comply with the ground water quality requirement (non-endangerment standard) at the top of the ground water table. 2 Contact the UIC staff at UIC Program, WSDOE, P.O. Box 47600, Olympia, WA 3 98504-7600, (360) 407-6143 or go to http://www.ecy.wa.gov/programs/wq/grndwtr/uic/registration/reg_info.html for 4 registration forms and further information. 5 3. 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 6 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 7 carried into surface water by stormwater runoff. Sand, silt, and soil can damage 8 aquatic habitat and are considered pollutants. The plan must be upgraded as necessary during the construction period. 9 4. Proper disposal of construction debris must be in such a manner that debris 10 cannot enter the natural stormwater drainage system or cause water quality degradation of surface waters. Dumpsters and refuse collection containers shall 11 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 12 and returned to the container and the area properly cleaned. 13 5. The operator of a construction site that disturbs one acre or more of total land area, and which has or will have a discharge of stormwater to a surface water or 14 to a storm sewer, must apply for coverage under WSDOE's Baseline General 15 Permit for Stormwater Discharges Associated with Construction Activities. 16 6. If any soil or ground water contamination is known to be on the site, additional information is needed. The applicant may be required to submit additional studies 17 and reports including, but not limited to, temporary erosion and sediment control plans, a stormwater pollution prevention plan, a site map depicting sample 18 locations, a list of known contaminants with concentrations and depths found and other information about the contaminants. 19 7. Application should be made at least 60 days prior to commencement of 20 construction activities. A permit application and related documents are available 21 online at https://ecology.wa.gov/Regulations-Permits/Permits- certifications/Stormwater-general-permits/Construction-stormwater-permit, or by 22 contacting the Water Quality Program, WSDOE, P.O. Box 47600, Olympia, WA 98504-7600; (360) 407-6401. 23 Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 36 1 2 DATED this 12th day of June, 2018 3 CITY OF SPOKANE VALLEY 4 HEARING EXAMINER PRO TEM 5 c Brian T. McGinn, WSBA#24110 6 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL 7 Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code 8 (SVMC) and Chapter 36.70C of the Revised Code of Washington (RCW), the decision of the Hearing Examiner on a Type III application is final and 9 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 10 Superior Court pursuant to RCW Chapter 36.70C. 11 On June 12_2018, a copy of this decision will be mailed by regular 12 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 13 date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed. 14 The date of issuance of the Hearing Examiner's decision will be 15 June 15, 2018. 16 THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR 17 COURT BY LAND USE PETITION IS JULY 6, 2018. 18 The complete record in this matter is on file during the appeal period with the Office of the Hearing Examiner, Third Floor, Public Works 19 Building, 1026 W. Broadway Avenue, Spokane, Washington, 99260-0215; and may be inspected by contacting Kim Thompson at (509) 477-7490. The file 20 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. 21 After the appeal period, the file may be inspected at the City of Spokane 22 Valley Community & Public Works Department-Building and Planning Division, located at 10210 E. Sprague Avenue, Spokane Valley,WA 99206; by 23 Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 37 1 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. 2 Pursuant to RCW 36.70B.130, affected property owners may request a 3 change in valuation for property tax purposes notwithstanding any 4 program of revaluation. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ' Findings of Fact, Conclusions of Law, File No. SUB-2018-0003/ and Decision REZ-2018-0001/PLV-2018-0001 38