SUB-2018-0006 Decision 1
CITY OF SPOKANE VALLEY HEARING EXAMINER
2
3 I PRELIMINARY PLAT OF THE
COUNTRY CROSSING SOUTH
4 SUBDIVISION FINDINGS OF FACT,
CONCLUSIONS OF LAW,
5 APPLICANT: 00 LAND HOLDING LLC AND DECISION
FILE NO. SUB-2018-0006
6
7
I. SUMMARY OF DECISION
8
Hearing Matter: An application for a preliminary plat to subdivide 5.1 acres
9 into 25 residential lots in the Single Family Residential (SFR) category of the
Spokane Valley Comprehensive Plan ("Comprehensive Plan") and the Single Family
10 Residential Urban District (R-3) zone of the Spokane Valley Municipal Code (SVMC).
11 Summary of Decision: Approved, subject to revised conditions. The
preliminary plat, as conditioned, will expire on November 5, 2023, unless an
12 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
An application for the preliminary plat of the Country Crossing South
16 Subdivision was submitted to the Building and Planning Division ("Division") of the
17 City of Spokane Valley ("City") Community and Economic Development Department
on August 10, 2018, to divide 5.1 acres of land into 25 residential lots in the R-3 zone.
i8 Staff Report and Recommendations to the Hearing Examiner (hereinafter Staff
Report), Exhibit 5. A Determination of Completeness was issued on August 14, 2018.
19 Staff Report, Exhibit 7.
20 The site is identified by Spokane County Tax Parcel No. 55202.0266 and is
addressed as 19321 E. 8th Avenue, located on the north side of 8th Avenue
21 approximately 500 feet west of the intersection of 8th Avenue and Hodges Road,
further located in the northwest quarter of Section 20, Township 25 North,Range 45
22 East, Willamette Meridian, Spokane County, Washington. Staff Report, p. 1.
23
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 1
1 The applicant and property owner is 00 Land Holding LLC, 19425 E.
Broadway Avenue, Spokane Valley, Washington 99016. Staff Report, Exhibit 5.
2
A Notice of Application was mailed and published per SVMC 17.80 on
3 August 24, 2018. Staff Report, Exhibit 8. (Affidavit of Mailing by Martin Palaniuk,
dated October 18, 2018; Affidavit of Publication by Michael Huffman, dated
4 August 24, 2018.) Notice of Hearing was posted on the site on October 4, 2018. Staff
5 Report, Exhibit 13. (Affidavit of Posting by Ryan Andrade.) Notice of Hearing was
also mailed on October 9, 2018, and published on October 5, 2018 and October 12,
6 2018. Staff Report, Exhibit 13. (Affidavit of Mailing by Mary Moore; Affidavit of
Publication by Michael Huffman, dated October 12, 2018.)
7 The notice requirements for the public hearing, set forth in SVMC Chapter
8 17.80, were met by the applicant and the City, respectively. See Staff Report, page 2,
Affidavits of Posting, Publication, and Mailing above.
9 The Hearing Examiner conducted a site visit on October 23, 2018. On
10 October 25, 2018, the Hearing Examiner held a public hearing on the application.
The Hearing Examiner heard the application pursuant to SVMC Chapters
11 17.80, 18.20, and 20.30 and Appendix B (Hearing Examiner Scheduling Rules and
12 Rules of Conduct) of the SVMC.
The following persons testified at the hearing, under an oath administered by
13 the Hearing Examiner:
14 Martin Palaniuk, Planner Lori Barlow, Senior Planner
City of Spokane Valley City of Spokane Valley
15 10210 E. Sprague Avenue 10210 E. Sprague Avenue
Spokane Valley, WA 99206 Spokane Valley, WA 99206
16 Ray Kimball Lyle Gilbert
17 Whipple Consulting Engineers 19314 E. 6th Avenue
21 S. Pines Road Spokane Valley, WA 99016
18 Spokane Valley WA 99206
19 Joe Ehrlich
19207 E. 7th Avenue
20 Spokane Valley, WA 99016
Also present at the hearing, but did not testify:
21
Cassandra Atwood
22 Jerold Juliano
Larry & Jackie Bonner
23
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 2
1 The Hearing Examiner takes notice of the Comprehensive Plan, SVMC 2009
Spokane Valley Street Standards (2009 SVSS), 2008 Spokane Regional Stormwater
2 Manual (2008 SRSM), other applicable development regulations, and prior land use
3 decisions for the site and neighboring land.
Exhibits 1-14 listed below are attachments to the Staff Report, which the City
4 placed in the file before the hearing. Exhibit 15 was submitted at the hearing.
5 • Exhibit 1: Vicinity Map
• Exhibit 2: Zoning Map
6 • Exhibit 3: Comprehensive Plan Map
• Exhibit 4: Aerial Map
7 • Exhibit 5: Application Submittal
8 • Exhibit 6: Preliminary Plat Map of Record
• Exhibit 7: Determination of Completeness
9 • Exhibit 8: Notice of Application Materials
• Exhibit 9: State Environmental Policy Act (SEPA) Determination
10 • Exhibit 10: SEPA Checklist
11 • Exhibit 11: Trip Generation and Distribution Letter (TGDL)
• Exhibit 12: Design Deviation Request
12 • Exhibit 13: Notice of Public Hearing Materials
• Exhibit 14: Agency Comments
13 • Exhibit 15: Staff Report PowerPoint Presentation
14 The record includes the documents in the application file at the time of the
hearing, Exhibits 1-15, the electronic recording of the hearing by Hearing Examiner
15 staff, the sign-in sheet for the hearing, and the items taken notice of by the Hearing
Examiner.
16
B. Description of Site
17
The site consists of single parcel totaling 5.1 acres. The terrain is relatively
18 flat with little to no slope. The site is covered with grass, weeds, and shrubs. There
are no water features or critical areas on the site.
19
Historically the southeast portion of the site has been used as a single-family
20 residence with accessory structures and the remaining portion used as farmland or
pasture.
21
C. Description of Proposed Project
22 The proposal is for the subdivision of 5.1 acres into 25 residential lots. The
23 existing single-family home located in the southeast portion of the site will remain.
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 3
1 The large accessory building north of the home will be removed. The property is
zoned R-3, which permits six dwelling units per acre and requires a minimum lot size
2 of 5,000 square feet for single family dwellings. The lot sizes range from 5,118 square
3 feet up to 8,075 square feet, with the exception of Lot 25 which is 19,390 square feet.
The site is located in the southeast corner of the City of Spokane Valley and is
4 generally within the Greenacres neighborhood. The City's boundary with Spokane
5 County is located along the south side of 8th Avenue, which lies adjacent to the site.
The site fronts along 8th Avenue, which is designated as a Major Collector
6 street. To the west of the site, 8th Avenue connects to Barker Road, which is a Minor
Arterial street. The subdivision will include the construction of Grady Lane north
7 from 8th Avenue to the north boundary of the site. 7th Avenue will be extended both
8 east and west from Grady Lane. A proposed street labeled six point five on the plat
will be extended east from Grady Lane between 6th Avenue and 7th Avenue up to the
9 plat boundary. The street name will be Hartson Avenue and will be relabeled on the
final plat. A design deviation for the intersection spacing between the west segment
10 of 7th Avenue and Hartson Avenue and the west segment of 7th Avenue and the east
11 segment of 7th Avenue was submitted with the plat application. The design deviation
was reviewed and approved by the City of Spokane Valley Development Engineering
12 Division ("Development Engineering"). All of the interior streets of the proposed
subdivision will be constructed to the public street standard and will consist of curb,
13 gutter, swale, and sidewalk improvements.
14 Off-site, the 7th Avenue right-of-way (ROW) terminates at the west boundary
of the site and the Grady Road ROW terminates at the north boundary of the site.
15 The off-site public street improvements at both locations have not been extended up
to the plat boundary. Improvements to the unimproved portions of the 7th Avenue
16 ROW and the Grady Road ROW, which lie outside of the boundaries of the proposed
17 preliminary plat, are not required as part of this subdivision, although the applicant
and the City of Spokane Valley may cooperate in said improvements if agreed to
18 between those parties.
In the absence of an agreement between the City and the applicant for the
19 improvement of the unimproved portions of 7th Avenue and Grady Road, lying
20 outside of the proposed preliminary plat, then both streets will be barricaded until
the public street improvements can be completed.
21
22
23
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 4
1 D. Land Use Designations and Surrounding Conditions for Site and
Neighboring Land
2 Land to the north, east, and west is designated in the SFR category of the
3 Comprehensive Plan, zoned R-3, and includes single-family residences. Land to the
south is outside the boundaries of the City, is within the jurisdiction of Spokane
4 County, and is designated in the Urban Reserve (UR) category of the Spokane
County Comprehensive Plan, zoned UR, and includes single-family residences.
5
E. Public Comments
6 No written public comments were received prior to the hearing. Several
7 members of the public attended and testified at the hearing. Testimony from
members of the public can be summarized as:
8 • Concern that the unimproved portions of 7th Avenue and Grady Road,
9 immediately adjacent to the proposed preliminary plat, are unmaintained
by the City and appear as an eyesore to the neighborhood.
10 • Concern that automobiles park in the area of the unimproved portion of 7th
Avenue preventing that area from being used as a "turn around" as it is
11 intended.
12 • Concerns regarding the width of the private road intersecting with 7th
Avenue west of the proposed preliminary plat and lack of off-street and on-
13 street parking and pedestrian safety along the private street.
• All public testimony concluded that improvement of the unimproved
14 portions of 7th Avenue and Grady Road, that lie adjacent to the proposed
preliminary plat, would be much appreciated.
15
The concerns raised by the testimony are reasonable and understandable. The
16 Hearing Examiner is sympathetic to the concerns raised; however, the decision to
approve or disapprove the proposed preliminary plat is guided by the standards and
17 requirements of the applicable state and local codes and regulations that govern that
18 decision. Those codes and regulations are specifically discussed hereinafter.
The specific concerns regarding the improvements to 7th Avenue and Grady
19 Road outside of the proposed preliminary plat are outside of the jurisdiction of the
Hearing Examiner as it relates to this proposed preliminary plat. Those concerns are
20 best addressed by the City relative to improvement of its ROW adjacent to the
21 proposed preliminary plat, such as in the City's Capital Facilities Plan or road
improvement plans.
22
23
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 5
1 F. Consistency with SVMC Title 19 (Zoning Regulations)
2 The site of the proposed preliminary plat is within an R-3 zoning district. The
proposed preliminary plat is a low-density residential development, consistent with
3 the allowed density within the zone and is intended to preserve the character of
existing neighborhood subject to the residential standards of SVMC 19.70 —Density
4 and Dimensions. Residential development shall meet the minimum lot size, density,
setback, maximum lot coverage, and building height requirements of the zone in
5 which it occurs.
6 The existing single-family home will remain on the property and meets the lot
coverage requirement of 50 percent or less than the lot area. The setbacks from the
7 structure to the proposed side property line is 5.61 feet and 24 feet to the rear
8 property line. The accessory structure north of the home will be removed prior to
final plat recording.
9 The minimum lot area in the R-3 zone is 5,000 square feet per dwelling unit.
The proposal meets the minimum lot area requirements for single family
10 development. Maximum allowed density in the R-3 zone is six dwelling unit per acre.
11 This gross density of the proposed lots is 5 units per acre and is thus compliant with
the density limitations within the zone.
12 The proposed preliminary plat complies with minimum requirements for lot
13 size, setbacks, lot coverage, and density. The setbacks, lot coverage, and building
heights of future homes will be addressed when a building permit is requested. The
14 proposed preliminary plat complies with all applicable standards in SVMC 19.70
(Density and Dimensions).
15
G. Compliance with SVMC Title 20 (Subdivisions Regulations)
16 SVMC 20.20.090.
17 The design of subdivisions shall conform to all applicable city plans,
regulations, and design and development standards. In addition:
18
1. The design, shape, size, and orientation of the lots are appropriate for the
19 intended use of residential development. The proposed lots meet the requirements
of the zoning district and the intent of the Comprehensive Plan land use
20 designation.
21 2. The side lot lines are perpendicular to the ROW for each of the proposed lots. The
22 2009 SVSS will ensure that the lot lines of those lots located at the intersection of
two public streets will be located a minimum of two feet behind the back of curb.
23 ' No lots are located at the intersection of two arterial streets.
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 6
1 3. Lot sizes comply with the minimum established standards in SVMC 19.70 and the
proposed lots are not flag lots.
2
4. The project does not propose any double frontage or reverse lots or lots backing
3 arterial roadways.
4 5. Blocks and lots have been identified and labeled in sequential order on the plat.
5 The street alignment of proposed public roads and the block lengths have been
designed pursuant to the 2009 SVSS. See the discussion on street design below.
6
6. The proposed subdivision does not create any residential lots greater than one
7 acre and, therefore, the Director does not require an arrangement of the lots and
streets to conform to adopted arterial or local access street plans.
8
7. The proposed lots are not divided by the boundary of any City, County, zoning
9 designation, or public ROW.
10 8. All proposed lots will have direct access to an improved public ROW.
11 9. Wastewater design is coordinated directly with Spokane County Environmental
Services Department and shall comply with all applicable City and agency
12 regulations.
13 10.Adequate public domestic water supply and/or fire protection shall be provided in
14 compliance with all applicable City and agency regulations.
15 11.All street designs shall be in conformance with SVMC 22.130 and adopted 2009
SVSS. The north end of Grady Lane and west end of 7th Avenue have been
16 designed with the purpose of providing future connections to existing adjacent
streets. The extension of 7th Avenue and Hartson Avenue to the east have been
17 designed with the purpose of serving any future subdivision of the property east of
18 the site.
12.A design deviation was requested for the intersection spacing between
ly intersections of 7th Avenue/Grady Lane and Hartson Avenue/Grady Lane and the
20 eastern extension of 7th Avenue/Grady Lane, to 140 feet and 97 feet respectively
rather than the 150 feet required by 2009 SVSS section 7.5.13.3. The design
21 deviation was reviewed and approved by Development Engineering. The west end
of 7th Avenue, the north end of Grady Lane will be barricaded until street
22 improvements can be constructed to connect the existing streets to the proposed
23 streets within the proposed preliminary plat. The east ends of Hartson Avenue
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 7
1 and 7th Avenue will be barricaded until the large lot located east of the site is
developed.
2
13.Provisions for Stormwater runoff shall comply with the 2008 SRSM and City
3 Stormwater Management Regulations as set forth in SVMC 22.150. Engineered
4 construction plans will be required as part of the roadway grading permit. The
plans will be reviewed and approved by Development Engineering prior to
5 construction. Following construction, the project will be inspected by City
engineer staff and certified by an engineer licensed in the State of Washington.
6
14.Easements for electric, water, sewer, gas, and similar utilities shall be illustrated
7 on the final subdivision. The utility purveyors shall indicate to the City in writing
that the easements are adequate for their service needs.
8
15.The subdivision shall provide underground utilities within public ROW, alleys, or
9 utility easements including, but not limited to, those for electricity,
10 communications, and street lighting.
11 H. Findings Required by SVMC 20.20.100
Public Health, Safety, and General Welfare
12 Prior to any development, permits will be required from Spokane Regional
13 Health District (SRHD), Spokane County Environmental Services Department,
Spokane Regional Clean Air Agency, and the City. The permits will require
14 compliance with established regulations designed to protect the public health, safety,
and general welfare.
15
Open Spaces
16 The SVMC does not require dedicated open space for development located in
the R-3 zone. Building setbacks are required for single-family development within
17 the R-3 zone. Front, rear, and side yard setbacks combined with maximum lot
18 coverage requirements assure private open space for each lot within this subdivision.
Drainage Ways
19 All drainage will follow the adopted 2008 SRSM for stormwater management
20 guidelines. Drainage plans will be reviewed and approved by the City.
Street or Roads, Alleys, Sidewalks, and Other Public Ways
21 All streets providing access to the proposed development shall meet the
22 requirements of the adopted 2009 SVSS. All the interior subdivision streets will be
designed and built as local access streets with curb, gutter, swale, and sidewalks.
23 Half street improvements will be constructed along the frontage of the plat on 8th
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 8
1 Avenue. The improvement at 8th Avenue will include 20 feet of asphalt width from
street centerline to the edge of the gutter, 2-foot wide curb and gutter, 10-foot wide
2 roadside swale, and a 5-foot wide concrete sidewalk.
3 Transit Stops
Spokane Transit Authority determines the need for transit stops. Transit
4 Route 98 travels along Appleway Avenue three-quarters of a mile from the site with
5 a weekday frequency of every 30 minutes and an evening and weekend frequency of
every 60 minutes.
6 Public Potable Water Supplies
7 Public water supplies are regulated by the SRHD and Consolidated Irrigation
District No. 19, the local water purveyor. A Certificate of Water Concurrency
8 completed by Consolidated Irrigation District#19 dated August 9, 2018 (Staff Report,
Exhibit 5), indicates water service will require the applicant to construct an on-site
9 water distribution system. The certificate also states the water purveyor's water
10 system has a current Washington State Department of Health (WSDOH) Operating
permit allowing the number of new taps or water requested.
11 Sanitary Sewer
12 Sanitary sewer system is coordinated by Spokane County Environmental
Services Department and is available to this proposal. A Certificate of Sewer
13 Availability from Spokane County Environmental Services Department dated
August 1, 2018 (Staff Report, Exhibit 5), indicates the developer is required to design,
14 fund, construct, and provide financial surety for the necessary systems to extend
15 sewer service to the site and provide service connections.
Parks and Recreation
16 No new parks or recreation facilities are proposed as part of this subdivision.
17 The City adopted a Level of Service (LOS) standard of 1.92 acres of park area per
1,000 residents. The nearest recreation facility is Greenacres Park located 1.5 miles
18 east of the site on the northwest corner of Boone Avenue and Long Road. Sullivan
Park, a community park, is located 3.0 miles from the site. Appleway Trail can be
19 accessed three-quarters of a mile from the site along Appleway Avenue. The proposed
subdivision will not impact the City's LOS standard for parks. Park facilities are
20 considered Capital Projects and are evaluated in the Capital Facilities Element of the
21 Comprehensive Plan. (Staff Report, pg. 6)
Playgrounds. Schools. and School Grounds
22 The site is located within the Central Valley School District (CVSD) and lies
23 within the service area for Greenacres Elementary School, Greenacres Middle School,
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 9
1 and Central Valley High School. Greenacres Elementary is located approximately
three-quarters of a mile west of the site, Greenacres Middle School is located 1 mile
2 northwest of the site, and Central Valley High School is located 2 miles west of the
3 site. CVSD was notified of the subdivision and did not provide any comments.
Sidewalks and Other Plannin_ Features that Assure Safe Walking Conditions for
4 Students Who Only Walk to and from School
5 The construction of a 5-foot wide sidewalk along 8th Avenue and along the
interior streets are required as part of this action. The Spokane Valley Bike and
6 Pedestrian Master Program anticipates pedestrian improvements along 8th Avenue
in the "Additions to Pedestrian Network" map.
7
Whether the Public Interest will be Served by the Subdivision
8 As proposed, this subdivision is consistent with the applicable goals and
policies of the Comprehensive Plan. New single-family residential homes will provide
9 additional housing options to meet the needs of the community and forecasted
10 population. Sidewalk and other road improvements on the interior streets and the
dedication and improvement of the half-street ROW along the frontage of 8th Avenue
11 will benefit the neighborhood.
12 The Pro }osed Subdivision is in Conformity with all A. Ilicable Develo )ment Code
Provisions
13 As proposed, this subdivision meets or will meet all criteria set forth in the
SVMC and all other development code provisions.
14
Other Requirements Found to be Necessary and Appropriate and for which Written
15 Standards and Policies have been Adopted
As proposed this subdivision meets or will meet all criteria set forth by other
16 agencies with jurisdiction.
17 The proposed subdivision will promote the health, safety, and general welfare;
provide effective use of land; and will meet required LOS standards in accordance
18 with standards established by the state, local agencies, and the City. The proposed
1y
preliminary plat conforms to applicable standards of the SVMC. The application is
consistent with the zoning standards in effect at the time this application was
20 determined complete, subject to the implementation of applicable conditions of
approval.
21
22
23
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 10
1 I. Compliance with SVMC Title 21 (Environmental Controls)
2 Chapter 21.20 SVMC
The lead agency has determined that this proposal does not have a probable
3 significant adverse impact on the environment. An Environmental Impact Statement
is not required under Revised Code of Washington (RCW) 43.21C.030(2)(c). The
4 Division issued a Mitigated Determination of Non-Significance (MDNS) pursuant to
5 Washington Administrative Code (WAC) 197-11-340(2) on September 28, 2018. This
decision was made after review of a completed SEPA checklist; the application;
6 SVMC Titles 19, 21 and 22; the TGDL, a site assessment; and comments from the
affected agencies. Mitigation measures determined and identified in the MDNS
7 consist of the following:
8 • The developer shall pay to the City a voluntary mitigation fee of$6,944.50
for Sprague Avenue/Barker Road improvements to mitigate impacts to the
9 Barker Road corridor prior to recording the final plat.
10 The appeal period ended October 12, 2018. No appeal was filed. The developer
has agreed to the mitigation measures.
11 Chapter 21.30 SVMC
12 The subject property is not located within a designated area of special flood
hazard per Community Panel No. 53063C0595D of the Federal Insurance Rate Maps
13 for the City of Spokane Valley, effective July 6, 2010.
Chapter 21.40 SVMC
14 p
The site was reviewed for critical areas and does not include any wetlands,
15 open waterways, riparian areas, urban open space, or habitat associated with any
native species. The site is flat and does not contain any geologically hazardous areas.
16 Critical areas are not present on the site.
17 The procedural requirements of the SEPA and SVMC Title 21 have been
fulfilled by the applicant's submittal of the required SEPA Checklist, TGDL, and the
18 issuance of the City's threshold determination consisting of an MDNS.
19 J. Compliance with SVMC Title 22 (Design & Development Standards)
20 SVMC 22.20 (Concurrency) requires that adequate facilities are available
when the service demands of development occur, or in the case of transportation
21 "concurrent with development" meaning that improvements or strategies are in place
at the time of development, or that a financial commitment is in place to complete
22 the improvements within six years. The cumulative impact of development should be
23
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 11
1 considered when making this determination. If adequate facilities cannot be made
available to maintain adopted LOS, the project application shall be denied.
2
SVMC 22.20.010 states that concurrency must be evaluated for transportation,
3 water, and sewer.
4 • A TGDL was submitted on August 8, 2018, by Whipple Consulting
Engineers, Inc. (Exhibit 11.) Subsequent to reviewing the TGDL, a
5 Certificate of Transportation concurrency was issued by Spokane Valley
Senior Traffic Engineer on September 20, 2018. The Certificate states
6 sufficient roadway capacity exists or is programmed to exist with future
road improvements on the City street system to accommodate the trips
7 generated by 24 new residential lots proposed in the development. The
8 accommodation of those trips is contingent upon the mitigation identified in
the environmental determination.
9 • A Certificate of Water Availability from Consolidated Irrigation District
#19 dated August 9, 2018, indicates that water service will require an
10 improvement to the water system in the form of extending the system to
11 the site by the applicant and the construction of a distribution system on
the site to each lot created by the proposed preliminary plat. The water
12 system has a current WSDOH Operating Permit allowing the number of
new taps requested. SRHD conditions of approval require the construction
13 of a water system and water be provided to each individual lot.
• A Certificate of Sewer Availability from Spokane County Environmental
14 Services Department dated August 1, 2018, indicates the developer will
15 design, fund, construct, and provide financial surety for the necessary
systems to extend sewer service to the site and provide service connections
16 as required. (Exhibit 5.)
17 The proposal complies or will comply with the requirements of SVMC Title 22
(Design and Development Standards) pertaining to transportation, water, and sewer
18 concurrency.
19 K. Compliance with the Comprehensive Plan
The SFR Comprehensive Plan designation addresses a range of single-family
20 residential densities from one dwelling unit per acre up to and including six dwelling
21 units per acre. The R-1, R-2, and R-3 districts of the SVMC are intended to
implement SFR designation. The following comprehensive plan policies are relevant
22 to this action:
23
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 12
1 Policy LU-G1 seeks to maintain and enhance the character and ajualit\ of life in
Spokane Valley.
2 The neighborhood is made up of a mix of single-family dwellings on larger lots
3 and pockets of single-family development on slightly smaller lots throughout the
immediate area. The proposed single-family dwellings will maintain the low density
4 residential character in the neighborhood and are a permitted use in the R-3 zone.
The proposed development is consistent with the City's residential development
5 standards and existing single-family development in the area.
6 Policy LU-P8 seeks to ensure that neighborhoods are served by safe and convenient
motorized and non-motorized transportation routes.
7 Policy T-P6 seeks to work collaboratively with developers to ensure that areas
8 experiencing new development are well served by motorized and non-motorized
transportation options. Policy T-P9 seeks to provide and maintain quality streets,
9 sidewalks, and shared-use paths that provide a safe environment for all users.
10 Pedestrian and street improvements will require the streets within the
proposed preliminary plat and the frontage of 8th Avenue to comply with the current
11 road standards. Improvements on the interior streets includes separated sidewalks
along both sides. Development Engineering has conditioned the proposed
12 development to meet applicable community standards.
13 Goal H-G1 seeks to allow for a broad range of housing opportunities to meet the
needs of the community. Goal H-G2 seeks to enable the development of affordable
14 housing for all income levels.
15 The 25 new residential lots will provide for the construction of new single-
family providing a new housing opportunities.
16 Goal NR-G2 seeks to protect the Spokane Vallev-Rathdrum Prairie sole source
aquifer from contamination and maintain high quality groundwater.
17
A stormwater system will be designed to ensure correct treatment of
18 stormwater along the new roadways. Development Engineering has conditioned the
proposed development to meet the design standards contained in the 2008 SRSM and
19 2009 SVSS.
20 Polic\ CF-P10 re_tuires new development to connect to public sewer and water.
The proposed subdivision is required to connect to public water and sewer.
21
22
23
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 13
1 ' Policy CF-P13 requires coordination with school districts in land use plannin,_
processes.
2 CVSD was notified of the subdivision application and
pp given an opportunity to
3 comment on the impacts. No comments were received.
Police CF-P3 seeks to coordinate the construction of public infrastructure with
4 private development to minimize costs. Policy CF-P4 requires adequate emergency
5 vehicle road access and water supply/pressure for new development within the City.
The interior public street will be designed and constructed consistent with the
6 2009 SVSS. Requirements and comments from the Spokane Valley Fire Department
and Consolidated Irrigation District#19 are included as conditions of approval.
7
The subdivision meets the intent set forth in the Comprehensive Plan for the
8 single-family residential land use designation and other applicable goals and policies.
9 SUB-2018-0006 is generally consistent, or can be made consistent through the
following conditions of approval, with Chapter 4 (Urban Land Use) of the
10 Comprehensive Plan, SVMC Title 19 — Zoning Regulations, SVMC Title 20 —
Subdivisions Regulations, SVMC Title 21 — Environmental Controls, the 2009 SVSS,
11 the 2008 SRSM, and the SRHD regulations.
12 Any finding of fact above that is a conclusion of law is deemed a conclusion of
law. Any conclusion of law above that is a finding of fact is deemed a finding of fact.
13
III. DECISION
14
Based on the Findings and Conclusions above, the application for a
15 preliminary plat on a 5.1-acre site in the R-3 zone, is hereby approved, subject to
16 compliance with the conditions of the various agencies specified below.
Any conditions of approval of public agencies that have been added to or
17 significantly altered by the Hearing Examiner are italicized. This approval does not
18 waive the applicant's obligation to comply with all other requirements of other public
agencies with jurisdiction over land development.
19 Minor revisions should be made to the conditions of approval to ensure proper
20 formatting, clarity, and consistency with the findings of fact above.
21
22
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Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 14
1 A. Conditions of Approval
2 The following general conditions apply to the approval of SUB-2018-0006:
Spokane Valley Planning Division
3
1. The approved preliminary plat shall have a maximum of 25 residential lots unless
4 a preliminary plat modification is approved pursuant to SVMC 20.50 (Preliminary
Plat, Short Plat, and Binding Site Plan Alterations).
5
2. Pursuant to SVMC 20.30.060 (Extensions of Time) an application form and
6 supporting data for time extension requests must be submitted to the Director at
7 least 30 calendar days prior to the expiration of the preliminary plat approval.
8 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
9 SVMC that does not conform to the requirements of the preliminary plat approval
or that occurs without approval, shall be considered a violation of Chapter 58.17
10 RCW, and shall be restrained by injunctive action and shall be illegal, as provided
in Chapter 58.17 RCW. Each sale, lease, or transfer of each separate lot or parcel
11 of land in violation of any provision of this ordinance shall be deemed a separate
12 and distinct offense.
13 4. Pursuant to SVMC 20.20.080 (Professional Land Surveyor), the preparation of all
preliminary and final subdivisions shall be made by or under the supervision of a
14 professional land surveyor. The professional land surveyor shall certify on the
final plat that it is a true and correct representation of the lands actually
15 surveyed. A survey is required on all final plats. All surveys shall comply with the
Survey Recording Act (RCW 58.09), Survey and Land Descriptions (WAC 332-
16 130).
17 5. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), preliminary
18 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
19 extension of time is not submitted and approved, the preliminary approval expires
and the preliminary plat is null and void.
20
6. Pursuant to SVMC 20.40.030 (Filing Short Plat, Plat, or Binding Site Plan) the
21, City shall record with the Spokane County Auditor's Office the final plat, upon
22 receipt of all required signatures on the face of the plat.
23
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 15
1 7. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by
the applicant prior to recording.
2
The following requirements shall apply prior to or at the time a final plat is
3 submitted for approval.
4 Spokane Valley Planning Division
5 The applicant or successors in interest shall:
6 1. Submit a final plat application that complies with all submittal requirements
specified in SVMC 20.40.
7
2. Submit a final plat containing the following note on the face of the plat:
8 All lots within this plat shall comply with the building setback
9 requirements, maximum building height standard, maximum lot
coverage standard and other applicable lot development standards for
10 the R-3 zoning district or successor zoning designation to the extent
permitted by Washington State law in effect at the time of building
11 permit application.
12
3. The accessory structure located north of the existing residence shall be removed or
13 demolished prior to final plat approval. A demolition permit from the Spokane
Valley Building Division may be required.
14
Spokane Valley Building Division
15 1. The following addresses that have been suggested by the Spokane Valley Fire
16 Department for use in the subdivision. The addresses shall be designated on the
final plat:
17 Block/Lot Address Alternate Address
Block 1 _ _
18 Lot 1 728 S Grady Road
Lot 2 724 S Grady Road
19 Lot 3 720 S Grady Road
20 Lot 4 716 S Grady Road
Lot 5 712 S Grady Road
21 Lot 6 706 S Grady Road 19304 E 7th Avenue
Lot 7 624 S Grady Road 19303 E 7th Avenue
22 Lot 8 622 S Grady Road _—
Lot 9 618 S Grady Road
23 Lot 10 616 S Grady Road
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 16
1 Block/Lot Address Alternate Address
. Block 1
2 Lot 11 615 S Grady Road 19311 E Hartson Avenue
Lot 12 19317 E Hartson Avenue
3 Lot 13 19321 E Hartson Avenue
Lot 14 19320 E Hartson Avenue
4 Lot 15 19316 E Hartson Avenue
Lot 16 625 S Grady Road 19310 E Hartson Avenue
5 Lot 17 704 S Grady Road 19313E 7th Avenue
6 Lot 18 19319E 7th Avenue
Lot 19 19323 E 7th Avenue
7 Lot 20 19322 E 7th Avenue
Lot 21 19318E 7th Avenue
8 Lot 22 719 S Grady Road 19312E 7th Avenue
Lot 23 723 S Grady Road
9 Lot 24 727 S Grady Road -
Lot 25 19321 E 8th Avenue (Existing)
10
11 Spokane Vallee Development Engineerin2 Division
1. A Professional Engineer, licensed in the State of Washington, shall prepare
12 required engineering documents (including civil/street plans, drainage plans,
13 drainage calculations, traffic studies, shared access driveway plans, etc.). Plans
shall conform to the 2009 SVSS or as amended; the 2008 SRSM or as amended;
14 the SVMC; and all other federal, state, and local regulations, as applicable.
15 2. Review of civil plans and supporting documents cannot proceed until a
preliminary plat decision has been issued and an application for a Land
16 Disturbance permit has been received. All documents (plans, reports, etc.) shall be
submitted through the Permit Center located at 10210 East Sprague Avenue.
17
3. The following traffic mitigation shall be completed per the Certificate of
18 Transportation Concurrency date September 20, 2018:
19 • Provide a voluntary mitigation fee of$6,944.50 for Sprague Avenue/Barker
Road improvements to mitigate SEPA impacts to the Barker Road corridor
20 prior to the recording of the final plat.
21
4. 8th Avenue is designated as a Collector Arterial Street and frontage improvements
22 are required per 2009 SVSS Chapter 2 and are described below. Existing utilities
shall be relocated to 2 feet behind the sidewalk.
23
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 17
1 • 20-foot of asphalt width from street centerline (crown) to edge of gutter.
• 2-foot wide Type "B" curb and gutter per 2009 SVSS Standard Plan R-102.
2 • 10-foot wide roadside swale per 2009 SVSS Standard Plan S-130. The
3 applicant shall install seed/grass in the roadside swale and maintain the
swale.
4 • 5-foot wide concrete sidewalk per 2009 SVSS Standard Plan R-103.
5 5. The following determines the ROW and border easement dedications for Collector
Arterial Street per 2009 SVSS Std. Plan R-122. All information is estimated from
6 the Spokane County Assessor's Office. The project applicant is responsible for
verifying all values listed below.
7
a. Existing half ROW width, measured from the existing road centerline, is 20
8 feet.
9 b. Required half ROW width, as measured from the existing road centerline, is 24
feet.
10
i. ROW dedication of 4 feet is required.
11
c. A 13-foot Border Easement is required and shall extend from the ROW
12 location to the back of the proposed sidewalk.
13 i. Note: building setbacks begin at the edge of the border easement.
14
6. The internal streets shall be designated and designed as local access public
15 streets per 2009 SVSS Typical Street Section R-120. Any ROW and/or border
easement dedications shall be designated on the final plat language and map.
16 Where streets end at the plat boundary, the ROW and border easements shall
17 continue to the plat boundary.
18 7. Until such time as the improvement of the unimproved portions of 7th Avenue
and/or Grady Road that lie outside of the boundaries of the plat is completed,
19 Type III barricades shall be installed at the west end of 7th Avenue and at the
north end of Grady Road per 2009 SVSS Std. Plan R-142. Type III barricades
20 shall be installed at the east end of 7th Avenue and at the east end of Hartson
Avenue.
21
8. In accordance with the SVMC, Zoning Regulations (22.50.020 Residential
22 Standards), all residential driveways shall be paved. Private driveways shall
23 conform to 2009 SVSS Section 7.3.4.
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 18
1 9. Driveway approach design shall follow the 2009 SVSS, or as amended.
2 10.All stormwater facilities are to be designed per the 2008 SRSM. Linear roadside
facilities such as swales shall be located within the ROW and/or border easements
3 when adjacent to public streets or within a tract or easement when adjacent to a
4 private street or driveway serving more than one lot.
5 11.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
6 classification and that the drywells will function as designed may be performed
during construction. If this option is exercised, the following note shall be placed
7 on the cover of the plans:
8 Per Spokane Regional Stormwater Manual methods, a qualified
licensed engineer shall evaluate, classify and document the soils in
9 the excavated drywell infiltration zone prior to installation of the
filter fabric, drainage rock or drywell barrel and shall determine if
10 the soil's conditions will be suitable and capable of infiltrating storm
11 water at the design flow rate. Engineer shall submit a copy of the
documentation detailing the observations, the conclusions and the
12 basis for the conclusions to the City of Spokane Valley Development
Engineering. If the engineer determines that the soils do not meet the
13 design's requirements or that a condition exists preventing the
drywell from functioning as designed, the design engineer shall be
14 notified and the design revised to meet existing conditions. Any
15 revisions to the design shall be submitted to the City of Spokane
Valley for review and acceptance.
16
12.For the General Construction Notes use those in the 2009 SVSS Appendix 4A
17 rather than those in the 2008 SRSM Appendix 3B.
18 13.Show all utilities and utility easements (i.e. telephone, power, etc.). The permittee
is responsible for arranging all utility adjustments, improvements, or relocations
19 as required for completion of the project. All rigid objects shall be located out of
20 the clear zone. The clear zone requirements can be found in the 2009 SVSS, or as
amended. The permittee shall contact every utility purveyor impacted by the
21 project and conduct the following:
• Discuss with the purveyor the proposed work including private services,
22 Iutility improvements, and any relocations and adjustments as well as the
23 costs for these activities,
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 19
1 • When utility relocations are required, obtain from the purveyor a written
statement that they acknowledge and concur with or have alternatives for
2 the needed work; and
3 • Forward a copy of the statement to Development Engineering. Receipt of
statements will be required prior to plan approval.
4
14.If sewer and/or water needs to be brought to the properties and to do this requires
5 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
6 the extents of pavement removal and replacement.
7 15.All new dry wells and other injection wells shall be registered with the
Underground Injection Control program (UIC) at Washington State Department
8 of Ecology (WSDOE) prior to use and the discharge from the well(s) must comply
9 with the ground water quality requirement (nonendangerment standard) at the
top of the ground water table. Contact the UIC staff at UIC Program, WSDOE,
10 P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143 or go to:
http://www.ecv.wa.gov/programs/wq/grndwtr/uic/UlConlineregis.html for
11 registration forms and further information. Copies of the registration for drywells,
12 which receive public road stormwater runoff, shall be sent to Development
Engineering. The City's National Pollutant Discharge Elimination System Permit
13 Number is WAR04-6507.
14 16.A Construction Stormwater Permit will need to be obtained from the WSDOE if
both of the following two conditions apply:
15 • Construction project disturbs one or more acres of land (area is the
16 cumulative acreage of the entire project whether in a single or in a
multiphase project), and,
17 • If there is a possibility that stormwater could run off the site during
construction and into surface waters or into conveyance systems leading to
18 surface waters of the state.
19 Construction site operators must apply for a permit 60 days prior to discharging
stormwater. More information can be obtained from
20 http://www.ecy.wa.gov/programs/wq/stormwater/construction/
21
22
23
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 20
1 Spokane County Environmental Services Department
2 1. Side sewer easement with a width acceptable to the Spokane County
Environmental Services Department shall be shown on the face of the plat as
3 "Private Sewer and Utilities Easement." The dedication shall state:
4 The perpetual, non-exclusive easement as shown on the face of the
plat is for the construction, maintenance and all other uses or
5 purposes which are or may be related to the private sewer lines. The
easement shall run with the land.
6
7 2. As per the development regulations/zoning code of the governing authority as
amended, the dedication shall state:
8 Public sewers shall be constructed to provide for the connection of
9 each parcel to the County's system of sewerage. Uses on properties
within the project shall be required to connect to the sewer and pay
10 applicable charges per the County Sewer Ordinance. Sewer
connection permits shall be required. All existing uses, not currently
11 connected to the sanitary sewer system, are required to be connected.
12 3. The existing home will require sewer service provided as part of this development.
13 4. A private easement may be required to provide a sewer service to Lot 25. If so,
14 this dedication language shall be included in the final plat and the easement
shown on the plat.
15
5. The appropriate General Facilities Charges and Special Connection Charges will
16 be assigned to this development.
17 6. Applicant shall submit expressly to Spokane County Environmental Services
Department "under separate cover," only those plan sheets showing sewer plans
i8 and specifications for the public sewer connections and facilities for review and
19 approval. Prior to plan submittal, the developer is required to contact Chris
Knudson or Colin Depner at (509) 477-3604 to discuss details of the sewer plans.
20 Once submitted, the sewer plan may require revised and/or additional plat
comments to be addressed.
21
7. Sewer plans acceptable to the Spokane County Environmental Services
22 Department shall be submitted prior to the finalization of the project.
23
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 21
1 8. As per the development regulations/zoning code of the governing authority as
amended, security shall be deposited with the Spokane County Environmental
2 Services Department for the construction of the public sewer connection and
3 facilities and for the prescribed warranty period. Security shall be in a form
acceptable to the Spokane County Environmental Services Department and in
4 accordance with the Spokane County Sanitary Sewer Ordinance.
5 9. Security shall be submitted to the Division of Utilities prior to approval of the
Sewer Design Plans.
6
10.Any water service for this project shall be provided in accordance with the
7 Coordinated Water System Plan for Spokane County, as amended.
8 Spokane Regional Health District
9 1. The final plat shall be designed as indicated on the preliminary plat of record
and/or any attached sheets as noted.
10
2. Appropriate utility easements shall be indicated on copies of the preliminary plat
11 of record for distribution by the Division to the utility companies, Spokane Valley
Engineer, and the SRHD.
12
3. Sewage disposal method shall be as authorized by the Director of Environmental
13 Services, Spokane County.
14 4. Water service shall be coordinated through the Director of Environmental
Services, Spokane County.
15
5. Water service shall be by an existing public water supply when approved by the
16 Regional Engineer (Spokane), WSDOH.
17 6. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of
18 the SRHD that an adequate and potable water supply is available to each lot of
the plat.
19
7. Prior to filing the final plat, the sponsor shall present evidence that the plat lies
20 within the recorded service area of the water system proposed to serve the plat.
21 8. A plan for water facilities adequate for domestic use, domestic irrigation use, and
fire protection use shall be approved by the water purveyor. Said water plan must
22 have been approved by the fire protection district and the appropriate health
23 authorities. The health authorities, water supplier (purveyor), and the fire
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 22
1 protection district will certify, prior to the filing of the final plat, on the face of
said water plan that the plan is in conformance with their requirements and will
2 adequately satisfy their respective needs.
3 9. A public sewer system will be made available for the lot and individual service
4 will be provided to each lot prior to sale. Use of individual on-site sewage disposal
shall not be authorized.
5
10.A statement shall be placed in the dedication to the effect that:
6 A public sewer system will be made available for the plat and
7 individual service will be provided to each lot prior to sale. Use of
individual on-site sewage disposal systems shall not be authorized.
8
11.The dedicatory language on the plat shall state:
9 Use of private wells and water systems is prohibited.
10
12.The final plat dedication shall contain the following statement:
11 The public water system, pursuant to the Water Plan approved by
12 County and State health authorities, the local fire protection district,
City of Spokane Valley and water purveyor, shall be installed within
13 this subdivision, and the applicant shall provide for individual
domestic water service as well as fire protection to each lot prior to
14 sale of each lot and prior to issuance of a building permit for each lot.
15 Spokane County Fire District 1 (Spokane Valley Fire Department)
16 1. A new fire hydrant is required to be installed.
17 • Hydrants shall stand plumb. The traffic breakaway flange is to be set at
the finished curb/grade elevation with the lowest outlet of the hydrant no
18 less than 18 inches above the curb grade. There shall be a clear area
around the hydrant of not less than 36 inches as measured from outside
19 edge of the barrel or outlet ports, whichever is greater, for clearance of a
20 hydrant wrench on both outlets and the control valve.
• All fire hydrants shall have a minimum of three outlets, one 4-1/2 inch
21 inside diameter pumper outlet with Storz and two 2-1/2 inches inside
diameter outlets. Threads on all outlets shall be National Standard Thread
22 (NST).
23
Findings of Fact, Conclusions of Law, and Decision File No. SUA-2018-0006 23
1 • 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
2 and location of the fire apparatus while pumping, as determined by the
3 local fire protection authority.
4 2. Prove a copy of the water plans for approval.
5 3. Fire apparatus access roads/driveways and turnarounds shall be posted as "No
Parking—Fire Lane."
6 • Access 20-26 feet posted on both sides.
7 • Access 26-32 feet posted on one side (the same side as the fire hydrant).
• At the ends of turnarounds.
8
4. Addresses shall be posted so they are visible from the ROW during and after
9 construction. Numbers shall be a minimum 4 inches tall and contrasting to the
background.
10 AVISTA Utilities
11 1. Include the following language in the plat dedication:
12 Easements for "Dry" utilities (electric, gas, phone, fiber, cable TV) as
shown on the herein described plat are hereby dedicated for the use of
13 serving utility companies for the construction, reconstruction,
maintenance, protection, inspection and operation of their respective
14 facilities, together with the right to prohibit changes in grade over
15 installed underground facilities and the right to prohibit, trim and/or
remove trees, bushes, landscaping, without compensation and to
16 prohibit brick, rock or masonry structures that may interfere with the
construction, reconstruction, reliability, maintenance, and safe
17 operation of same. Storm drain dry wells and Water Meter boxes
18 shall not be placed within the "Dry" easements; however, lateral
crossings by storm drain, water and sewer lines are permitted.
19 Serving Utility companies are also granted the right to install
utilities across future acquisition areas or border easements.
20
Washington State Department of Ecology (WSDOE)
21
1. The applicant shall implement proper erosion and sediment control practices on
22 the construction site and adjacent areas to prevent upland sediments from
entering surface water. Local stormwater ordinances will provide specific
23 requirements. Stormwater best management practices (BMPs) shall be installed
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 24
1 and maintained so that any discharge of grease, oils, sediment and other debris
will be appropriately treated and removed. Also, refer to the Stormwater
2 Management Manual for Eastern Washington at
3 http://www.ecy.wa.gov/programs/wq/stormwater/eastern_manual/manual.html.
All ground disturbed by construction activities must be stabilized. When
4 appropriate, use native vegetation typical of the site.
5 2. Dumpsters and refuse collection containers shall be durable, corrosion resistant,
nonabsorbent, non-leaking, and have close fitting covers. If spillage or leakage
6 does occur, the waste shall be picked up immediately and returned to the
container and the area properly cleaned.
7
3. Routine inspections and maintenance of all erosion and sediment control BMPs
8 shall be conducted both during and after development of the site.
9 Washin; ton State Department of Archaeology & Historic Preservation r\VSAHP}
10 1. Based on the overall cultural sensitivity of the area and the extensive ground
disturbance associated with the project, the project area has a high potential to
11 contain archaeological resources. A cultural resources survey of available
historical records and/or documents relative to the general area shall be
12 completed prior to any development of the parcel. The cultural resources survey
13 need not include a physical inspection or survey of the site, unless the survey of the
records and documents indicates the possibility of the existence of cultural artifacts
14 at the site. If the survey of the records and documents indicates the possibility of
the existence of cultural artifacts at the site, then a physical inspection and
15 cultural survey of the site shall also be conducted and the results reported to the
16 City. The survey as described hereinabove shall be submitted to the City of
Spokane Valley prior to any grading activity. The City shall forward a copy of the
17 survey to the WSAHP and the Spokane Tribe of Indians for a two-week review
and comment period.
18 Spokane Tribe of Indians
19 1. An Inadvertent Discovery Plan (IDP) shall be provided to the City by a qualified
20 professional; or the applicant may choose to utilize the template provided by the
City of Spokane Valley. The IDP shall be kept on site during all land disturbance
21 activity. Please contact Martin Palaniuk at 509-720-5031 for the template.
22
23
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 25
1 Prior to or during on-site construction, the applicant or successors in
interest shall:
2
Spokane Valley Planning Division
3
1. Upon any discovery of potential or known archaeological resources at the subject
4 properties prior to or during future on-site construction, the developer, contractor,
and/or any other parties involved in construction shall immediately cease all on-
s site construction, shall act to protect the potential or known historical and cultural
6 resources area from outside intrusion, and shall notify, within a maximum period
of twenty-fours from the time of discovery, the Division of said discovery.
7 Spokane Valley Development Engineering Division
8 1. A pre-construction conference with Development Engineering is required prior to
the start of construction. During this meeting, standards and submittal
9 requirements for the Construction Certification will be given to the project
10 engineer/inspector.
11 2. For construction affecting public ROW, 48 hours prior to construction securely
post a sign at each point of ingress to the project area. The sign(s) shall be clearly
12 visible from the ROW and to provide project construction details. See 2009 SVSS
Section 9.7.
13
3. Permits are required for any access to or work within the ROW of the Spokane
14 Valley roadway system. A traffic control plan will be required to accompany the
15 ROW obstruction permit.
16 4. NOTICE —The Regional Pavement Cut Policy may prevent or limit pavement
cuts in the adjacent street(s). There is a three-year moratorium on pavement cuts
17 for newly paved streets. Please contact the City ROW inspector (509) 720-5025 for
further information.
18
5. The temporary erosion and sediment control structures (such as filter fence, silt
19 ponds, silt traps) shall be installed prior to the start of site work and maintained
throughout the duration of construction and until the site has stabilized.
20
6. All survey monuments shall be protected during construction. Any disturbed or
21 damaged monuments shall be replaced prior to certification/final plat and/or
22 release of surety.
23
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 26
1 7. Construction within the proposed public streets and easements shall be performed
under the direct supervision of a licensed Washington State Professional
2 Engineer/Land Surveyor. All work is subject to inspection by the City Senior
3 Development Engineer or by his staff.
4 8. Upon completion of the improvements, a Construction Certification package and
record drawings are required for the improvements and shall be submitted and
5 approved prior to Final Plat approval according to 2009 SVSS Chapter 9.
6 9. All public improvements shall provide a Performance/Warranty Surety per 2009
SVSS Chapter 9. The City accepts Letters of Credit, Cash Savings Assignments
7 and Bonds for Warranty Sureties. Bonds are not accepted for Performance Surety.
8 Prior to Final Plat:
9 1. ROW dedication and border easements shall be designated on the final plat map.
10 2. Plat language will be determined at the time of final plat submittal. Contact
11 Development Engineering after civil plan approval and/or prior to first submittal
of final plat to obtain plat language.
12
13 DATED this 1st day of November, 2018
14
CITY OF SPOKANE VALLEY
15 HEARING EXAMINER
16 r1
17 avid W. Hubert, WSBA#16488
18
19 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
20 Pursuant to SVMC Chapter 17.90 and RCW Chapter 36.70C, the
decision of the Hearing Examiner on an application for a preliminary plat
21 is final and conclusive unless, within 21 calendar days from the date of
issuance of the Hearing Examiner's decision, a party with standing files a
22 land use petition in Superior Court pursuant to RCW Chapter 36.70C.
23
Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 27
1 On November 1, 2018, a copy of this decision will be mailed by regular
mail to the Applicant and to all government agencies and persons entitled
2 to notice under SVMC 17.80.130(4). Pursuant to RCW Chapter 36.70C, the
3 date of issuance of the Hearing Examiner's decision is three (3) days after it
is mailed, counting to the next business day.
4 The date of issuance of the Hearing Examiner's decision will be
November 5, 2018, THE APPEAL CLOSING DATE FOR THE PRELIMINARY
5 PLAT DECISION IS NOVEMBER 26, 2018.
6 The complete record in this matter is on file during the appeal period
with the Office of the Hearing Examiner, Third Floor, Public Works
7 Building, 1026 W. Broadway Avenue, Spokane, Washington, 99260-0245; and
8 may be inspected by contacting Kim Thompson at (509) 477-7490. The file
may be inspected during normal working hours, listed as Monday-Friday of
9 each week, except holidays, between the hours of 8:00 a.m. and 4:30 p.m.
After the appeal period, the file may be inspected at the City of Spokane
10 Valley Community and Public Works Department-Building and Planning
11 Division, located at 10210 E. Sprague Avenue, Spokane Valley,WA 99206.
Copies of the documents in the record will be made available at the cost set
12 by the City of Spokane Valley.
Pursuant to RCW 36.70B.130, affected property owners may request a
13 change in valuation for property tax purposes notwithstanding any
14 program of revaluation.
15
16
17
18
19
20
21
22
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Findings of Fact, Conclusions of Law, and Decision File No. SUB-2018-0006 28