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SUB-2018-0008 Decision Final CITY OF SPOKANE VALLEY HEARING EXAMINER Re: Preliminary Plat Application by ) FINDINGS, CONCLUSIONS, Skyline Homes LLC to subdivide ) AND DECISION 5.17 acres into 14 residential lots ) in an R-3 zone ) FILE NO. SUB-2018-0008 SUMMARY OF PROPOSAL AND DECISION Proposal: The applicant is proposing to plat 5.17 acres into 14 residential lots. Each of the proposed lots exceeds 10,000 square feet in size. As a result, the lots may be developed with either single-family residences or duplexes. Decision: Approved, with conditions. FINDINGS OF FACT BACKGROUND INFORMATION Applicant/ Mike Grishko Owner: Skyline Homes, LLC 9812 E. Knox Avenue Spokane Valley, WA 99206 Agent: Austin Storhaug, P.E. Storhaug Engineering 510 E. Third Avenue Spokane, WA 99202 Property Location: The subject property is located at the northeast corner of Boone Avenue and Flora Road. The property is addressed 1212 N. Flora Road (Tax Parcel No 55182.0912) and 1312 N. Flora Road (Tax Parcel No. 55182.0813). Legal Description: The property is in the NW 1/4 of Section 8, Township 25 North, Range 45 East Willamette Meridian. The full legal description of the property is provided in the Preliminary Plat of Skyline at Flora, dated November 28, 2018. Zoning: The property is zoned R-3 (Single-Family Residential Urban District). Comprehensive Plan Map Designation: The property is designated as Single Family Residential (SFR). Site Description: The site is 5.17 acres. The northern portion of the site is improved with a single-family residence and an accessory structure (a large shop). The southern portion of the site is vacant farmland or pasture. The site is mostly flat, but some portions of the site are rolling. The steepest slopes on the site are as much as 15% in grade. The site is covered with grass, weeds, and shrubs. There are no water features or critical areas on the site. Page 1 of 21 Surrounding Conditions and Uses: The properties to the north, south, and east are zoned R-3 and are developed with single-family residences. The properties to the west are within the Mixed Use District (MU) zone and consist of multi-family apartments and single- family residences. Project Description: The subdivision will divide 5.17 acres into 14 residential lots. The site lies north of Interstate 90 at the intersection of Boone Avenue and Flora Road. The proposed subdivision is comprised of two properties. A single-family home and a large shop are situated on the northern most property. The plat application indicates the structures will be demolished and removed from the site. The application indicates that duplex homes will be constructed on each of the new lots. The proposed lot sizes will allow either a single-family home or a duplex home on each lot. The subdivision will be served by public streets. Coach Drive will extend north from Boone Avenue and terminate in a cul-de-sac at the north end of the subdivision. Sharp Avenue will extend east from Coach Drive and provide a connection to East Sharp Avenue and North Bell Street. The proposed Coach Drive will be constructed as a local access street with curb, gutter, swale, and sidewalks. The swale and sidewalks will be located within border easements. Flora Road is a minor arterial and frontage improvements will include curb, gutter, a 10-foot-wide drainage swale, and a 6-foot-wide sidewalk. A 10-foot-wide border easement is required along the Flora Road frontage. Frontage improvements will be required along Boone Avenue, which is a local access street. A right-of-way (ROW) dedication may be required based on the centerline location of Boone Avenue. Required improvements will include a border easement dedication, curb, gutter, 10-foot-wide roadside swale, and a 5-foot-wide sidewalk. Seven of the lots will have double frontage with the rear of the lot backing to Flora Road. Visual screening pursuant to Spokane Valley Municipal Code (SVMC) 22.70.070.0 will be required along the lots that back to Flora Road. PROCEDURAL INFORMATION Authorizing Ordinances: SVMC Title 19 (Zoning Regulations), SVMC Title 20 (Subdivision Regulations), SVMC Title 21 (Environmental Controls), and SVMC Title 22 (Design & Development Standards). Notice of Application: Mailed: December 21, 2018 Publication: December 21, 2018 Notice of Public Hearing: Mailed: February 19, 2019 Posted: February 15, 2019 Publication: February 15 & 22, 2019 Public Hearing Date: March 6, 2019 Site Visit: March 6, 2019 Page 2 of 21 State Environmental Policy Act(SEPA): A Determination of Non-Significance (DNS) was issued on January 25, 2019. Any appeal of the DNS was due on February 11, 2019. The DNS was not appealed. Testimony: Lori Barlow, Senior Planner Austin Storhaug, P.E. City of Spokane Valley Storhaug Engineering Building and Planning Division 510 E. 3rd Avenue 10210 E Sprague Avenue Spokane WA 99202 Spokane Valley, WA 99206 Calvin Brown 1602 N. Hodges Lane Greenacres WA 99016 Exhibits: 1. Vicinity Map 2. Zoning Map 3. Comprehensive Plan Map 4. Aerial Map 5. Application Submittal 6. Preliminary Plat Map of record 7. Determination of Completeness 8. Notice of Application Materials 9. Determination of Nonsignificance 10. SEPA Checklist 11. Trip Generation & Distribution Letter (TGDL) 12. Notice of Public Hearing Materials 13. Public Comments 14. Agency Comments The following exhibits were received at the hearing: 15. Hardcopy of Planning's PowerPoint presentation FINDINGS AND CONCLUSIONS To be approved, the proposed preliminary plat must comply with the criteria set forth in the SVMC and demonstrate consistency with the Spokane Valley Comprehensive Plan ("Comprehensive Plan"). The Hearing Examiner has reviewed the plat application and the evidence of record with regard to the application and makes the following findings and conclusions: 1. The proposed preliminary plat complies with all applicable standards in SVMC 19.70(Density and Dimensions). The property proposed for development is zoned R-3. Single-family residential uses and duplexes are outright permitted in this zone. See SVMC 19.60.050 (permitted use Page 3 of 21 matrix). However, any residential development must meet the minimum lot size, density, setback, maximum lot coverage, and building height requirements of the zone. See Staff Report, p. 3. The proposed preliminary plat satisfies the development standards that are applicable at this stage. The minimum lot size in the R-3 zone is 5,000 square feet. See SVMC Table 19.70-1. If a duplex is proposed, the minimum lot size is 10,000 square feet. Testimony of L. Barlow. The preliminary plat satisfies these standards by designing lots that range from 11,818 square feet to 16,499 square feet in size. See Staff Report, p. 3. The proposed preliminary plat also adheres to the applicable density standards. The maximum allowed density in the R-3 zone is six dwelling units per acre. See SVMC Table 19.70-1. The applicant proposes to divide 5.17 acres into 14 residential lots. See Staff Report, p. 4. This results in a gross density of 2.7 units per acre if a single-family residence is developed on each lot. See id. If duplexes are developed on each lot, the gross density of the project would be 5.4 units per acre. See id. Both options result in a gross density below the maximum allowed under the code. The Hearing Examiner agrees with the Staff that the proposed preliminary plat complies with minimum requirements for lot size and density for both single-family and duplex homes and is consistent with the Zoning Regulations. The other development standards, such as building height, lot coverage, and setbacks, will be addressed at the building permit stage. The developer will be required to satisfy those standards at the time of construction. Therefore, this criterion is satisfied. 2. The proposed preliminary plat conforms to applicable standards of the SVMC Title 20— Subdivision Regulations. As conditioned, the project is consistent with City plans, regulations, and design and development standards as required by SVMC 20.20.090. The Staff Report reviews those design standards in some detail, and explains how the project conforms or will conform to those requirements. See Staff Report, pp. 4-5. The Hearing Examiner agrees with the Staff's analysis, which is hereby incorporated by reference into this decision. The project is consistent with and promotes the public health, safety, and welfare, as required by SVMC 20.20.100(A). The proposed development is consistent with the Comprehensive Plan policies and the provisions of the R-3 zone. Thus, the project generally advances both the long-term and short-term goals for the land. The proposal will put undeveloped land to productive use and will provide additional housing opportunities for the community. Various permits must be obtained in order to allow the project to move forward, and thus the development must adhere to additional standards prior to proceeding. See Staff Report, p. 5. There is also a myriad of project conditions designed to protect the public interest and ensure that the project complies with applicable development regulations. The project makes appropriate provisions for open space. See SVMC 20.20.100(B). The proposed subdivision must adhere to the municipal code requirements regarding setbacks and lot coverage. Adherence to these standards will ensure that an appropriate amount of open space is incorporated into this development. See Staff Report, p. 5. In addition, the proposed lots well exceed the minimum size, even if duplexes are developed. Thus, there is extra space available within each lot. To the Hearing Examiner Page 4 of 21 knowledge, the municipal code does not mandate that additional open space be set aside to support this project. Given that compliance with the usual development standards will address the need for open space, the Hearing Examiner concludes that this criterion is met. The project makes appropriate provisions for drainage ways. See SVMC 20.20.100(C). All drainage from the project will be managed in accordance with the 2008 Spokane Regional Stormwater Manual (SRSM). See Staff Report, p. 5. The applicant will implement a drainage plan that will dispose of stormwater in conformance with Spokane Valley design standards. See Exhibit 10, p. 7. The methods of disposing of stormwater include drainage swales and drywells. See id. The plans for the drainage system must be reviewed and approved before the project may proceed. See Staff Report, p. 5. The subdivision satisfies the requirements for streets and roads, alleys, sidewalks, and other public ways. See SVMC 20.20.100(D). The streets, roads, and sidewalks of the proposed subdivision will be constructed to City standards, and that requirement has been incorporated as a condition of approval. For example, the roadway within the subdivision (i.e., Coach Drive and Sinto Avenue) will be designed and built as local access streets with curbs, gutters, swales, and sidewalks. See Staff Report, p. 5. Half- street improvements will be constructed along the frontage of Boone Avenue. See id. Those improvements include 15 feet of asphalt width from the street centerline to the edge of the gutter, a 2-foot-wide curb and gutter, a 10-foot-wide roadside swale, and a 5- foot-wide concrete sidewalk. See id. Improvements are also required along the frontage of Flora Road. See id. Those improvements include 22 feet of asphalt width, a 2-foot- wide curb and gutter, a 10-foot-wide roadside swale, and a 6-foot-wide concrete sidewalk. See id. The project makes appropriate provisions for public transit. See SVMC 20.20.100(E). The routes and availability of transit service are determined by the Spokane Transit Authority (STA). See Staff Report, p. 6. Transit Route 95 travels along Flora Road adjacent to the site. See id. The STA provides bus service along Flora every 30 minutes on weekdays and every 60 minutes in the evening and on weekends. See id. The STA did not submit any comments on this project. See id., p. 10. In addition, there were no other comments regarding public transit. As a result, there is no reason to believe that nearby transit service is inadequate or is materially impacted by the proposed project. There is a public, potable water supply to serve the subdivision. See SVMC 20.20.100(F). Consolidated Irrigation District#19 (the "District") is the local water purveyor. See Staff Report, p. 6. The District signed a Certificate of Water Availability for the project. See Exhibit 5. According to the certificate, the water system has sufficient capacity to serve the development. See id. Water service can be provided by connecting to an existing 8-inch water main approximately 50 feet from the site. See id. The subdivision will be served by a sanitary sewer system. See SVMC 20.20.100(G). A sanitary sewer system, operated by Spokane County Environmental Services (SCES), is available for this project. See Staff Report, p. 6. SCES confirmed, through a Certificate of Sewer Availability, that the sanitary sewer system could serve this project. See Exhibit 5. The project makes appropriate provisions for parks and recreation. See SVMC 20.20.100(H). The City's adopted level of service (LOS) standard for park area is 1.92 Page 5 of 21 acres of park are per 1,000 residents. There is no evidence in this record that the proposed subdivision will negatively affect the availability of parks or recreational areas. On the contrary, City Staff reported that the proposed subdivision "will not impact the City's LOS standard for parks." See Staff Report, p. 6. In addition, there are parks and recreational areas in the vicinity. The nearest recreation facility is Greenacres Park, which is approximately 1/3 mile east of the site. See id. Sullivan Park is located 1.5 miles from the site. See id. In addition, the Centennial Trail can be accessed where Old Mission Avenue terminates at the Spokane River, about 1/2 mile from the site. See id. There are sufficient parks and recreation facilities to support this development. The project makes appropriate provisions for playgrounds, schools, and school grounds. See SVMC 20.20.100(1). The site is located in the Central Valley School District. See Staff Report, p. 6. The site is also within the service area for Central Valley Kindergarten Center, Riverbend Elementary School, Greenacres Middle School, and Central Valley High School. See id. The Kindergarten Center is approximately % mile from the site. See id. The Greenacres Elementary School is approximately 1/2 mile from the site. See id. Riverbend Middle School is located about 1/3 mile from the site. See id. Central Valley High School is located 1.5 miles from the site. See id. The Central Valley School District was notified of this project and did not submit any comments. See id. The Hearing Examiner concludes that there are sufficient playgrounds, school grounds, and schools to support the proposed development. The project addresses the need for sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. See SVMC 20.20.100(J). The developer will be installing a 5-foot-wide sidewalk along Boone Avenue. See Staff Report, p. 6. A 6-foot-wide sidewalk will also be installed along Flora Road. See id. Sidewalks will also be constructed on both sides of the interior streets. See id., p. 2. In the Hearing Examiner's view, this is legally sufficient to satisfy this criterion. There is no evidence that the proposed subdivision will impact student access to the area schools, such that it would be appropriate to condition the project on offsite improvements to pedestrian access routes. The proposed subdivision serves the public interest. See SVMC 20.20.100(K). The proposed use is consistent with the long-term planning in the City. See Staff Report, p. 6. The project will result in new housing opportunities, helping to meet the needs of the community and the forecasted population. See id. The development will create new roadways with curbs, gutters, swales, and sidewalks, resulting in additional vehicular and pedestrian access in the neighborhood. See id. There are various conditions on the development that both protect the public interest and ensure that the project is completed without causing significant impacts. The proposed subdivision is in conformity with the applicable development standards. See SVMC 20.20.100(L). The Hearing Examiner agrees with the Staff that proposed subdivision satisfies the applicable development codes. See Staff Report, pp. 6-7. Neither the Hearing Examiner's review of the matter nor the testimony or evidence presented at the hearing suggested that the project deviates from the relevant standards. The proposal makes appropriate provisions for other requirements found to be necessary and appropriate and for which written standards and policies have been adopted. See SVMC 20.20.100(M). The Hearing Examiner agrees with the Staff that the Page 6 of 21 project, as conditioned, satisfies or will satisfy all criteria set forth by other agencies. See Staff Report, p. 7. In addition, the project includes detailed conditions that incorporate the comments of all responding agencies or departments. To the Hearing Examiner's knowledge, the proposal does not deviate from any other standards or policies. 3. The proposal complies with SVMC Title 21 (Environmental Controls). Development of the site is not apparently limited by its physical characteristics or the presence of environmentally sensitive conditions. For example, the site does not include any wetlands, open waterways, riparian areas, urban open space, or habitat associated with any native species. See Staff Report, p. 7. There are no threatened or endangered species of plants or animals on the site. See Exhibit 10 (SEPA Checklist¶¶ B(4)(c) & B(5)(b)). The site is not located within a designated floodplain. See Staff Report, p. 7. The majority of the site is flat and does not contain any geologically hazardous areas. See id. A review of the SEPA checklist confirms these facts and does not reveal any additional causes for concern. See Exhibit 10. On January 25, 2019, the City of Spokane Valley and its Public Works Department, as the lead agency, issued a DNS for this project. See Exhibit 9. The DNS was based upon a review of the completed environmental checklist, the application, the applicable provisions of the municipal code, a site assessment, and comments from affected agencies. See Staff Report, p. 7. There is nothing in this record that would call the City's threshold determination into question. There was no testimony or other evidence presented at the hearing suggesting that the project would result in significant environmental harms that could not be addressed through standard mitigating measures. In addition, any appeal of the DNS was due 14 days after its issuance. The DNS was not appealed. See id. The proposed use of the site does not raise a genuine concern that the development will result in significant environmental impacts. The proposal is for a relatively small residential development and is low density in nature. Given the absence of environmentally sensitive site conditions, the most common concern for this type of project is traffic. However, the existing roadway has sufficient capacity to support this development. See Exhibit 11. No offsite improvements are necessitated by the proposed subdivision. See id.; Testimony of A. Storhaug. As the Staff concluded, the procedural requirements of the SVMC and the SEPA have been fulfilled by the applicant. Moreover, the proposed subdivision, as conditioned, will not have significant impacts on the environment that are not being addressed by project conditions. As a result, the Hearing Examiner concludes that the proposed subdivision complies with the environment controls set forth in the SVMC. 4. SVMC 22.20.010 states that concurrency must be evaluated for transportation, water, and sewer. The project satisfies the concurrency requirements. Under the concurrency standards of the municipal code, adequate public facilities must be available when the service demands of development occur. See Staff Report, p. 8. More specifically, the municipal code states that concurrency must be evaluated for transportation, water, and sewer. See SVMC 22.20.010(A). Page 7 of 21 On December 5, 2018, the developer's traffic engineer submitted a TGDL in support of the project. See Exhibit 11. The analysis provided the City with data regarding the traffic that will likely be generated by the proposed development. On January 18, 2019, after considering the matter, the Spokane Valley Senior Traffic Engineer issued a Certificate of Transportation Concurrency. See Exhibit 5. The Certificate confirms that the City reviewed the development and determined that sufficient roadway capacity either exists or will exist in order to accommodate the traffic anticipated from the proposed subdivision. See id. On November 30, 2018, the District signed a Certificate of Water Availability for the project. See Exhibit 5. The Certificate indicates that water service will be provided from an existing 8-inch water main 50 feet from the site and the water system has a current Washington Department of Health Operating Permit allowing the number of new taps requested. See id. On December 4, 2018, the City's Engineering Department issued a Certificate of Sewer Availability. See Exhibit 5. The Certificate confirms that the sewer system has the capacity and is available to provide sewer service to the site. See id. The record in this case demonstrates that transportation, water, and sewer facilities are sufficient to support the proposed development. In addition, no department or agency reported that public facilities or services were inadequate to serve the proposed development. As a result, this criterion is satisfied. 5. The proposal is consistent with the comprehensive plan designation and goals, objectives, and policies for the property. The property is designated as SFR under the Comprehensive Plan. This designation addresses a range of residential densities from one dwelling unit per acre to six dwelling units per acre. See Staff Report, p. 8. The R-1, R-2, and R-3 districts of the SVMC are intended to implement the SFR designation. See id. The proposed subdivision is a low-density residential development that is consistent with its R-3 zoning and the SFR designation under the Comprehensive Plan. The neighborhood is characterized by single-family dwellings on larger lots. See Staff Report, p.8. However, there are also pockets of denser single-family development in the immediate area. See id. The proposed development will blend well with the existing neighborhood given these characteristics. The proposed density of Skyline at Flora is less than six units per acre, and the project will be required to satisfy the City's design standards for this type of use. As a result, the project promotes the objectives of Policy LU-G1, which seeks to maintain and enhance the character and quality of life in Spokane Valley. See id. The proposed development also addresses the transportation policies of the Comprehensive Plan. Pedestrian and street improvements will be made along the frontages of Boone Avenue and Flora Road. See Staff Report, p. 9. Separated sidewalks will be installed on both sides of interior streets. See id. In addition, the project is conditioned on satisfaction of community standards. These aspects of development ensure that the neighborhood is served by safe and convenient transportation routes, as intended by Policies LU-P8 and T-P6. See id. Similarly, the project fulfills Policy T-P9, Page 8 of 21 which seeks to provide quality streets and sidewalk surfaces in order to ensure a safe environment for all users. See id. By developing 14 new residential lots, with the current plan to develop each lot with a duplex or a single-family home, the project creates additional housing opportunities to meet the needs of the community. See Staff Report, p. 8. The project, therefore, promotes the intent of Goal H-G1, which seeks to allow a broad range of housing options. See id. The proposed subdivision, as conditioned, is also consistent with the various development standards set forth in the Comprehensive Plan. For example, a storm water system will be designed to protect the aquifer, consistent with Policy CF-P10 and Goal NR-G2. The project will be connected to public water and sewer, per Policy CF-P13. Project conditions will ensure that the project properly accounts for the need for emergency access and water supply/pressure, in accordance with Policy CF-P3. The project will also satisfy the other standards, as described by the Staff. See Staff Report, pp. 8-9. Considering the characteristics and design of the proposal, the Hearing Examiner agrees with the Staff that it is consistent with the Comprehensive Plan. Therefore, this criterion is satisfied. 6. The Hearing Examiner concludes that the proposed subdivision should be approved although neighboring property owners raise some understandable concerns about the project. Two area residents raised concerns about the potential effects of the proposal. Ms. Hughes, whose property is adjacent to the site, raised various concerns about the impacts of the project on her family and property. See Exhibit 13. Another area resident, Mr. Brown, raised more general questions about long-term planning for the area. Testimony of C. Brown. Their concerns were understandable, but ultimately did not justify adding significant new mitigation measures or limitations upon the project. Ms. Hughes first objected that the sides of the proposed duplexes were "extremely close" to the perimeter fencing of her property. See Exhibit 13. She was concerned that this design made her"feel like these duplexes will be peering directly into our backyard and into our bedroom windows." See id. She characterized this issue as a privacy concern, in particular given that her children frequently play in her back yard. See id. She suggested the duplexes be constructed without windows on the side facing her property, in order to ensure her family's privacy. See id. The proposed duplexes will be required to follow certain dimensional standards. In the R-3 zone, for example, the minimum side yard setback is 5 feet. See SVMC Table 19.70-1. The building height is limited to 35 feet. See id. These standards will dictate how close the duplexes can be built and the height of the structures. These are the only standards, to the Hearing Examiner's understanding, that address or potentially address Ms. Hughes' concern. As the Staff noted, there is nothing within the SVMC to limit the openings along the exterior walls of a duplex. See Staff Report, p. 10. Therefore, the Hearing Examiner does not have authority to preclude the developer from installing windows on one side of a building. Nor does the Hearing Examiner have authority to increase the setback requirements or lower the height limits of a structure, absent a Page 9 of 21 specific code provision granting that discretion to the Hearing Examiner. In short, the municipal code does not appear to provide Ms. Hughes with the types of remedies she would prefer. Ms Hughes next raised the concern that the construction could result in damage to the perimeter fencing that belonged to her. See Exhibit 13. She questioned whether an agreement needed to be put in place to confirm the developer's liability for any damage that may occur. See id. The Hearing Examiner agrees with the Staff that the risk of damage to neighboring property is a private matter between the respective property owners. The liability of one owner to another depends on the specific circumstances that led to the property damage. The Hearing Examiner cannot comment on that type of legal question, nor can he require an indemnification agreement or impose liability as a condition of project approval. These are civil, legal issues that would have to be sorted out if and when property damage actually occurs. Ms. Hughes also suggested that landscaping (especially trees) should be installed along Flora, to enhance the "curb appeal" of the properties and to provide additional privacy screening. See Exhibit 13. However, frontage improvements are already required along Flora Avenue and include swales and sidewalks. See Staff Report, p. 10. In addition, for the lots that back to Flora Avenue, additional screening is required. See id. The conditions of approval provide that such visual screening can include a combination of one or more techniques, including site-obscuring fencing, a landscape screen of deciduous or evergreen trees, and a landscaped earthen berm, among other things. See Condition No. 8. In the Hearing Examiner's view, the project conditions adequately address this issue. Mr. Brown cautioned that there was a need to maintain a "reasonable mix" of housing types. Testimony of C. Brown. He lamented the gradual transformation of Greenacres into "Apartment Acres." See id. He noted that there were already hundreds of apartments on both sides of Indiana, for example. See id. Mr. Brown urged the City to consider the long-term effects of the approval of so many apartments in the area. See id. The Hearing Examiner is sympathetic to Mr. Brown's call for taking the long-term view. However, the Hearing Examiner is not a policymaker or a legislator. The Hearing Examiner acts in a quasi-judicial capacity and is charged to consider applications for land use or development on a case-by-case basis. The Hearing Examiner is charged to consider such applications based upon the rules and regulations that are in effect at the time a complete application is submitted. The long-range plans for the area are reflected in the adopted Comprehensive Plan and current municipal code, which the Hearing Examiner has considered and applied in making this decision. However, if the current plans and regulations need to be revised in order to preserve the character of Greenacres over the long haul, as Mr. Brown suggests, then that is an issue to be addressed by the City legislature. DECISION Based on the findings and conclusions above, it is the decision of the Hearing Examiner to approve the proposed preliminary plat subject to the following conditions: Page 10 of 21 Spokane Valley Planning Division: 1. The approved preliminary plat shall have a maximum of fourteen (14) residential lots unless a preliminary plat modification is approved pursuant to SVMC 20.50 (Preliminary Plat, Short Plat, and Binding Site Plan Alterations). 2. Pursuant to SVMC 20.30.060 (Extensions of Time) an application form and supporting data for time extension requests must be submitted to the Director at least thirty (30) calendar days prior to the expiration of the preliminary plat approval. 3. Pursuant to SVMC 20.20.050 (Prohibition against sale, lease or transfer of property) any sale, lease, or transfer of any lot or parcel created pursuant to the SVMC that does not conform to the requirements of the preliminary plat approval or that occurs without approval, shall be considered a violation of Chapter 58.17 Revised Code of Washington (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 of land in violation of any provision of this ordinance shall be deemed a separate and distinct offense. 4. SVMC 20.20.080 (Professional Land Surveyor) requires the preparation of all preliminary and final subdivisions be made by or under the supervision of a professional land surveyor. The professional land surveyor shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. A survey is required on all final plats. All surveys shall comply with the Survey Recording Act (RCW 58.09), Survey and Land Descriptions (Washington Administrative Code [WAC] 332-130). 5. Pursuant to SVMC 20.30.050 (Expiration of Preliminary Approval), stipulates that preliminary plat approval automatically expires five (5) years after preliminary approval is granted unless a time extension is approved for the project. If a request for an extension of time is not submitted and approved, the preliminary approval expires and the preliminary plat is null and void. 6. Pursuant to SVMC 20.40.030 (Filing Short Plat, Plat, or Binding Site Plan) the City of Spokane Valley shall record with the Spokane County Auditor's Office the final plat, upon receipt of all required signatures on the face of the plat. 7. Pursuant to SVMC 20.80.040 (Recordation), all fees for recording shall be paid by the applicant prior to recording. 8. Pursuant to SVMC 20.20.090.4.b and SVMC 22.70.070.6.2 screening shall be installed on the lots backing to Flora Road which is a minor arterial. Visual screening shall consist of one or a combination of the following: a. A 100 percent sight obscuring fence. Fences may be made of wood, ornamental iron, aluminum, brick, masonry, architectural panels, chain link with slats, or other permanent materials; b. A maintained, landscaped earthen-berm at least five feet wide with a minimum of 10 points of landscaping for every 25 linear feet of buffer area; c. A natural, undisturbed wooded area that forms a solid screen; or Page 11 of 21 d. A 5-foot-wide landscape screen that shall consist of: i. A mixture of evergreen and deciduous trees, planted at a distance of not less than 35 feet on center, with a maximum of 75 percent of the trees being deciduous; ii. Evergreen shrubs shall comprise at least 50 percent of the plantings; iii. A minimum of 18 points of landscaping shall be installed for every 25 linear feet of buffer area e. A visual screening plan addressing the screening requirements pursuant to SVMC 22.70.070.0 and the maintenance of the screening shall be prepared and submitted to the Building & Planning Division for approval concurrent with the land disturbance permit. The screening shall be installed per the approved screening prior to final plat approval. A landscaping plan may be required pursuant to SVMC 22.70.040.D if landscaping is proposed. The Development Engineering Construction Inspector shall verify the installation of the visual screening. 9. A demolition permit shall be obtained from the Spokane Valley Permit Center for the demolition of the structures shown on Lots 6 and 7 of the preliminary plat prior to or concurrent with the land disturbance permit. The structures shall be demolished prior to the final plat application. Prior to final plat application or in association with final plat the applicant or successors in interest shall: Spokane Valley Planning Division: 1. Submit a final plat application that complies with all submittal requirements specified in SVMC 20.40. 2. Submit a final plat containing the following note on the face of the plat: "All lots within this plat shall comply with the building setback requirements, maximum building height standard, maximum lot coverage standard and other applicable lot development standards for the R-3 zoning district or successor zoning designation to the extent permitted by Washington State law in effect at the time of building permit application." 3. The Following addresses have been suggested by the Spokane Valley Fire Department for use in the subdivision. An alternate Sinto Avenue address may be granted for Lot 11, Block 1 and Lot 1, Block 2 if so requested at the time of construction on those lots. The addresses shall be designated on the final plat: Block/ Lot j Address Alternate Address Block 1 Lot 1 1211 / 1213 N Coach Drive _ Lot 2 1219 / 1221 N Coach Drive ` Lot 3 1227 / 1229 N Coach Drive 1 Page 12 of 21 Block/ Lot Address Alternate Address Block 1 Lot 4 1305 / 1307 N Coach Drive Lot 5 1313 / 1315 N Coach Drive Lot 6 1321 / 1323 N Coach Drive Lot 7 1401 / 1403 N Coach Drive Lot 8 1402 / 1404 N Coach Drive Lot 9 1322 / 1324 N Coach Drive Lot 10 1314 / 1316 N Coach Drive Lot 11 1306 / 1308 N Coach Drive Block 2 Lot 1 1220 / 1222 N Coach Drive Lot 2 1212 / 1214 N Coach Drive Lot 3 17120 / 17122E Boone Avenue Spokane Valley Development Engineering Division: 1. A Professional Engineer, licensed in the State of Washington, shall prepare required engineering documents (including civil/street plans, drainage plans, drainage calculations, traffic studies, shared access driveway plans, etc.). Plans shall conform to the 2009 City of Spokane Valley Street Standards (SVSS), or as amended; the SRSM, or as amended; the SVMC; and all other federal, state, and local regulations, as applicable. 2. Review of civil plans and supporting documents cannot proceed until an application for a Land Disturbance permit has been received. All documents (plans, reports, etc.) shall be submitted through the Building Department Permit Center located at 10210 E. Sprague Avenue, Spokane Valley, WA. 3. Flora Road is designated as a 3-Lane Minor Arterial Street and frontage improvements are required per SVSS Chapter 2 and are described below. Existing utilities shall be relocated to 2 feet behind the sidewalk. a. 22-foot of asphalt width from street centerline to edge of gutter. b. 2-foot wide Type `B' curb and gutter per SVSS Std. Plan R-102. c. 10-foot wide roadside swale per SVSS Std. Plan S-130. The applicant shall install seed/grass in the roadside swale and maintain the swale. d. 6-foot wide concrete sidewalk per SVSS Std. Plan R-103. e. Additional improvements may be required based on the results and review of a Traffic Impact Analysis, if necessary. 4 The following determines the ROW and border easement dedications for a 3-Lane Minor Arterial Street per SVSS Std. Plan R-122. All information is estimated from the Spokane County Assessor's Office. The project applicant is responsible for verifying all values listed below. a. Existing half ROW width is 30 feet. Page 13 of 21 b. Required half ROW width is 27 feet. c. ROW dedication is not required. d. A Border Easement is required and shall extend from the ROW to the back of sidewalk. e. 10-foot-wide Border Easement dedication required. Note: building setbacks begin at the edge of border easement. 5. Boone Avenue is designated as Local Access streets and frontage improvements are required per SVSS Chapter 2 and are described below. Existing utilities shall be relocated to 2 feet behind the sidewalk. a. 15-foot of asphalt width from street centerline (crown) to edge of gutter. b. 2-foot wide Type "B" curb and gutter per SVSS Standard Plan R-102. c. 10-foot-wide roadside swale per SVSS Standard Plan S-130. The applicant shall install seed/grass in the roadside swale and maintain the swale. d. 5-foot-wide concrete sidewalk per SVSS Standard Plan R-103. 6. The following determines the ROW and border easement dedications for local access streets per SVSS Std. Plan R-120. All information is estimated from the Spokane County Assessor's Office. The project applicant is responsible for verifying all values listed below. a. Existing full ROW width is 40 feet. b. Required full ROW width is 38 feet. c. ROW dedication may be required based on the existing centerline (crown) location of Boone Avenue. ROW dedication shall extend to 2 feet behind the back of new curb. d. A Border Easement is required and shall extend from the ROW location to the back of the proposed sidewalk. e. Note: building setbacks begin at the edge of the border easement. 7. The internal streets shall be designated and designed as local access public streets per Typical Street Section R-120. A minimum pavement width per SVSS Table 7.3 is 30 feet. Any ROW and/or border easement dedications shall be designated on the final plat language and map. The cul-de-sac radius for Coach Court shall be 50 feet to face of curb per Standard Plan R-130. 8. In accordance with the SVMC, Zoning Regulations (22.50.020 Residential Standards), all residential driveways shall be paved. Private driveways shall conform to SVSS Section 7.3.4. 9. Flora Road is a Minor Arterial. Lots 1-7, Block 1 shall not take access from Flora Road. Page 14 of 21 10. Pursuant to SVSS 2.3 — Required Dedications and Improvements — a stub street shall be created to align with existing Sharp Avenue to the east located in Valley Coach Estates SUB-03-06. A Type III Barricade shall be installed at the end of the Sharp Avenue extension per Standard Plan R-142. 11. Driveway approach design shall follow the SVSS, or as amended. 12. All stormwater facilities are to be designed per the SRSM. Linear roadside facilities such as swales shall be located within the ROW and/or border easements when adjacent to public streets or within a tract or easement when adjacent to a private street or driveway serving more than one lot. Non-roadside facilities such as ponds (especially consolidated ponds, which are those receiving runoff from more than one lot) shall be within a tract (see SRSM 11.2). 13. If drywells are proposed that do not receive stormwater from public facilities and they are in Garrison or Springdale soils, the testing for confirming the soil classification and that the drywells will function as designed may be performed during construction. If this option is exercised then the following note shall be placed on the cover of the plans: Per SRSM methods, a qualified licensed engineer shall evaluate, classify, and document the soils in the excavated drywell infiltration zone prior to installation of the filter fabric, drainage rock or drywell barrel and shall determine if the soil's conditions will be suitable and capable of infiltrating storm water at the design flow rate. Engineer shall submit a copy of the documentation detailing the observations, the conclusions and the basis for the conclusions to the City of Spokane Valley Development Engineering. If the engineer determines that the soils do not meet the design's requirements or that a condition exists preventing the drywell from functioning as designed, the design engineer shall be notified and the design revised to meet existing conditions. Any revisions to the design shall be submitted to the City of Spokane Valley for review and acceptance. 14. For the General Construction Notes use those in the SVSS Appendix 4A rather than those in the SRSM Appendix 3B. 15. Show all utilities and utility easements (i.e., telephone, power, etc.). The permittee is responsible for arranging all utility adjustments, improvements, or relocations as required for completion of the project. All rigid objects shall be located out of the clear zone. The clear zone requirements can be found in the SVSS, or as amended. The permittee shall contact every utility purveyor impacted by the project and conduct the following: a. Discuss with the purveyor the proposed work including private services, utility improvements, and any relocations and adjustments as well as the costs for these activities; b. When utility relocations are required, obtain from the purveyor a written statement that they acknowledge and concur with or have alternatives for the needed work; and c. Forward a copy of the statement to Spokane Valley Development Engineering. Receipt of statements will be required prior to plan approval. Page 15 of 21 16. If sewer and/or water needs to be brought to the properties and to do this requires an Engineering design, copies of the approved sewer and water plans shall be submitted to Development Engineering. The civil plans for the project shall show the extents of pavement removal and replacement. 17. All new dry wells and other injection wells shall be registered with the Underground Injection Control program (UIC) at Washington State Department of Ecology (WSDOE) prior to use and the discharge from the well(s) must comply with the ground water quality requirement (non-endangerment standard) at the top of the ground water table. Contact the UIC staff at UIC Program, WSDOE, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6143 or go to: http://www.ecy.wa.gov/programs/wq/grndwtr/uic/UlConlineregis.html for registration forms and further information. Copies of the registration for drywells, which receive public road stormwater runoff, shall be sent to Development Engineering. The City of Spokane Valley National Pollutant Discharge Elimination System (NPDES) Permit Number is WAR04-6507. 18. A Construction Stormwater Permit will need to be obtained from the WSDOE if both of the following two conditions apply: a. Construction project disturbs one or more acres of land (area is the cumulative acreage of the entire project whether in a single or in a multiphase project), and, b. If there is a possibility that stormwater could run off the site during construction and into surface waters or into conveyance systems leading to surface waters of the state. Construction site operators must apply for a permit 60 days prior to discharging stormwater. More information can be obtained from http://www.ecy.wa.gov/programs/wq/stormwater/construction/ Spokane County Environmental Services Department: 1. While the existing structures are not shown to have a completed sewer connection, the developer will need to coordinate with the Spokane Regional Health District (SRHD) regarding the abandonment of the existing septic facilities. 2. As per the development regulations/zoning code of the governing authority as amended, the dedication shall state: "Public sewers shall be constructed to provide for the connection of each parcel to the County's system of sewerage and individual services will be provided to each lot prior to sale. Uses on properties within the project shall be required to connect to the sewer and pay applicable charges per the County Sewer Ordinance. Sewer connection permits shall be required." 3. Applicant shall submit expressly to SCES "under separate cover," only those plan sheets showing sewer plans and specifications for the public sewer connections and facilities for review and approval. Prior to plan submittal, the developer is required to contact Chris Knudson or Colin Depner at (509) 477-3604 to discuss details of the sewer plans. Once submitted, the sewer plan may require revised and/or additional plat comments to be addressed. Page 16 of 21 4. Sewer plans acceptable to the SCES shall be submitted prior to the finalization of the project. 5. As per the development regulations/zoning code of the governing authority as amended, security shall be deposited with the SCES for the construction of the public sewer connection and facilities and for the prescribed warranty period. Security shall be in a form acceptable to the SCES and in accordance with the Spokane County Sanitary Sewer Ordinance. 6. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. Spokane Regional Health District: 1. The final plat shall be designed as indicated on the preliminary plat of record and/or any attached sheets as noted. 2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for distribution by the Planning Department to the utility companies, Spokane Valley Engineer, and the SRHD. 3. Sewage disposal method shall be as authorized by the Director of SCES. 4. Water service shall be coordinated through the Director of SCES. 5. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), Washington State Department of Health (WSDOH). 6. Prior to filing the final plat, the sponsor shall demonstrate to the satisfaction of the SRHD that an adequate and potable water supply is available to each lot of the plat. 7. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the recorded service area of the water system proposed to serve the plat. 8. A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. Use of individual on-site sewage disposal shall not be authorized. 9. A statement shall be placed in the dedication to the effect that: "A public sewer system will be made available for the plat and individual service will be provided to each lot prior to sale. Use of individual on-site sewage disposal systems shall not be authorized." 10. The dedicatory language on the plat shall state: "Use of private wells and water systems is prohibited." 11. The final plat dedication shall contain the following statement: "The public water system, pursuant to the Water Plan approved by County and State health authorities, the local fire protection district, City of Spokane Valley and water purveyor, shall be installed within this subdivision, and the applicant shall provide for individual domestic water service as well as fire protection to each lot prior to sale of each lot and prior to issuance of a building permit for each lot." Page 17 of 21 Spokane Valley Fire Department: 1. One or more new fire hydrant is required. a. Hydrants shall stand plumb. The traffic breakaway flange is to be set at the finished curb/grade elevation with the lowest outlet of the hydrant no less than 18 inches above the curb grade. There shall be a clear area around the hydrant of not less than 36 inches as measured from the outside edge of the barrel or outlet ports, whichever is greater, for clearance of a hydrant wrench on both outlets and the control valve. b. The fire hydrant shall have a minimum of three outlets, one 4-1/2 inch inside diameter pumper outlet with Storz and two 2-1/2 inch inside diameter outlets. Threads on all outlets shall be National Standard Thread (NST). c. The pumper port shall face the street. Where the street cannot be clearly defined or recognized, the port shall face the most likely route of approach and location of the fire apparatus while pumping, as determined by the local fire protection authority. 2. Provide a water plan showing the location of required hydrant and size of water main. a. An approved water plan signed by the water district and the fire department is required for any associated grading permit approval. 3. The name of the public street extending to the east shall be "East Sharp Avenue" versus "East Sinto Avenue." 4. Fire apparatus access roads/driveways and turnarounds shall be posted as "No Parking — Fire Lane." a. Access 20-26 feet posted on both sides. b. Access 26-32 feet posted on one side (the same side as the fire hydrant). 5. Addresses shall be posted so they are visible from the right-of-way during and after construction. Numbers shall be a minimum 4 inches tall and contrasting to the background. 6. A new street sign shall be provided at each new intersection. Avista Utilities: 1. Include the following language in the plat dedication: "Easements for "Dry" utilities (electric, gas, phone, fiber, cable TV) as shown on the herein described plat are hereby dedicated for the use of serving utility companies for the construction, reconstruction, maintenance, protection, inspection and operation of their respective facilities, together with the right to prohibit changes in grade over installed underground facilities and the right to prohibit, trim and/or remove trees, bushes, landscaping, without compensation and to prohibit brick, rock or masonry structures that may interfere with the construction, reconstruction, Page 18 of 21 reliability, maintenance, and safe operation of same. Storm drain dry wells and Water Meter boxes shall not be placed within the "Dry" easements; however, lateral crossings by storm drain, water and sewer lines are permitted. Serving Utility companies are also granted the right to install utilities across future acquisition areas or border easements." Washington State Department of Ecology: 1. Wastes produced during construction or remodeling can be dangerous wastes and is the responsibility of the facility that generates the waste. Information on who is responsible for managing construction debris can be found at http://www.ecy.wa.gov/programs/hwtr/dangermat/demo_responsibility.html. 2. Proper erosion and sediment control practices must be used on the construction site and adjacent areas to prevent upland sediments from entering surface water. Refer to the Stormwater Management Manual for Eastern Washington. 3. 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 to a storm sewer, must apply for coverage under WSDOE's Baseline General Permit for Stormwater Discharges Associated with Construction Activities. 4. 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 and reports including, but not limited to, temporary erosion and sediment control plans, a stormwater pollution prevention plan, a site map depicting sample locations, a list of known contaminants with concentrations and depths found and other information about the contaminants. 5. RCW 90.48.080 prohibits the discharge of polluting matter to waters of the state of Washington. Any discharge of sediment-laden runoff or other pollutants to waters of the State without a permit is in violation of Chapter 90.48 RCW Water Pollution Control and 173-201A WAC Water Quality Standards of Surface Waters of the State of Washington and is subject to enforcement action. Prior to or during on-site construction the applicant or successors in interest shall: Spokane Valley Planning Division: 1. Upon any discovery of potential or known archaeological resources at the subject 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-site construction, shall act to protect the potential or known historical and cultural resources area from outside intrusion, and shall notify, within a maximum period of twenty-fours from the time of discovery, the City of Spokane Valley Community and Public Works Department of said discovery. 2. Prior to any grading or sight disturbance activity on the site, an Inadvertent Discovery Plan (IDP) shall be provided to the City by a qualified professional; or the applicant may choose to utilize the template provided by the City of Spokane Valley. The IDP shall be kept on site during all land disturbance activity. Please contact Martin Palaniuk at 509-720-5031 for the template. Page 19 of 21 Spokane Valley Development Engineering Division: 1. A pre-construction conference with Development Engineering is required prior to the start of construction. During this meeting, standards and submittal requirements for the Construction Certification will be given to the project engineer/inspector. 2. For construction affecting public right-of-way, forty-eight (48) hours prior to construction securely post a sign at each point of ingress to the project area. Sign is to be clearly visible from the right-of-way and to provide project construction details. See SVSS section 9.7 of the Street Standards. 3. Permits are required for any access to or work within the right-of-way of the Spokane Valley roadway system. A traffic control plan will be required to accompany the ROW obstruction permit. 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 for newly paved streets. Please contact the City ROW inspector 720-5025 for further information. 5. Temporary Erosion and Sediment Control (TESC) structures (such as filter fence, silt ponds, silt traps) are to be installed prior to the start of site work and maintained throughout the duration of construction and until the site has stabilized. 6. All survey monuments shall be protected during construction. Any disturbed or damaged monuments shall be replaced prior to certification /final plat and/or release of surety. 7. Construction within the proposed public streets and easements shall be performed under the direct supervision of a licensed Washington State Professional Engineer/Land Surveyor. All work is subject to inspection by the City Senior Development Engineer or by his staff. 8. Upon completion of the improvements, a Construction Certification package and record drawings are required for the improvements and shall be submitted and approved prior to Final Plat approval according to SVSS Chapter 9. 9. All public improvements shall provide a Performance/Warranty Surety per SVSS Chapter 9. The City accepts Letters of Credit, Cash Savings Assignments, and Bonds for Warranty Sureties. Bonds are not accepted for a Performance Sureties. Prior to Final Plat: 1. ROW dedication and border easements must be designated on the final plat map. 2. Plat language will be determined at the time of final plat submittal. Contact Development Engineering after civil plan approval and/or prior to first submittal of final plat to obtain plat language. Page 20 of 21 DATED this 14th day of March 2019. Brian T. McGinn City of Spokane Hearing Examiner NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code (SVMC) and Chapter 36.70C of the Revised Code of Washington (RCW), the decision of the Hearing Examiner on an application for a preliminary plat is final and conclusive unless within 21 calendar days from the date of issuance of the Examiner's decision, a party with standing files a land use petition in Superior Court pursuant to RCW Chapter 36.70C. On March 14, 2019, a copy of this decision will be mailed by regular mail to the Applicant and to all government-agencies and persons entitled to notice under SVMC 17.80.130(4). Pursuant to RCW Chapter 36.70C, the date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed. The date of issuance of the Hearing Examiner's decision will be March 18, 2019. THE APPEAL CLOSING DATE FOR THE PRELIMINARY PLAT DECISION IS APRIL 8, 2019. The complete record in this matter is on file during the appeal period with the Office of the Hearing Examiner, 808 W Spokane Falls Boulevard, Spokane, Washington, 99201; and may be inspected by contacting Kim Thompson at (509)625-6010. The file may be inspected during normal working hours, listed as Monday-Friday of each week, except holidays, between the hours of 8:00 a.m. and 4:30 p.m. After the appeal period, the file may be inspected at the City of Spokane Valley Community & Public Works Department-Building and Planning Division, located at 10210 E. Sprague Avenue, Spokane Valley, WA 99206; by contacting staff at(509)921-1000. Copies of the documents in the record will be made available at the cost set by the City of Spokane Valley. Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. Page 21 of 21