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SUB-2019-0001 Decision CITY OF SPOKANE VALLEY HEARING EXAMINER Re: Preliminary Plat Application by ) FINDINGS, CONCLUSIONS, Upriver Developments LLC to ) AND DECISION further subdivide Lot 9 of SHP- ) 2018-0006 into five residential lots ) FILE NO. SUB-2019-0001 on property in the R-3 zone SUMMARY OF PROPOSAL AND DECISION Proposal: The applicant is proposing to subdivide Lot 9 of SHP-2018-0006 into five residential lots. The property is 077 of an acre and is located in an R-3 zone. Decision: Approved, with conditions. FINDINGS OF FACT BACKGROUND INFORMATION Applicant) Dan Melville Owner: Upriver Developments, LLC 4720 North Woodlawn Lane Spokane Valley, WA 99216 Property Location: The subject property is located south of Wellesley Avenue, approximately 300 feet west of the intersection of Wellesley Avenue and McDonald Road, in the City of Spokane Valley. The property is designated as Tax Parcel No. 45032.1069. Legal Description: The property is in the NE of the NW '/ of Section 3, Township 25 North, Range 44 East Willamette Meridian, Spokane County, Washington. The property is legally described as Lot 9 of SHP-2018-0006, as recorded in Book 32 of Short Plats, Pages 76-77, records of Spokane County, Washington. Zoning: The property is zoned R-3 (Single-Family Residential Urban District). City of Spokane Valley Comprehensive Plan ("CP") Map Designation: The property is designated as Single Family Residential (SFR). Site Description: The site is 0.77 of an acre. The site slopes to the north. The steepest slope is 28.6 percent in the middle of the parcel. The access road, Woodlawn Lane, was previously installed as part of the short plat development. The utilities (sewer, water, etc.) to serve the proposed subdivision have also been installed. That work was completed during site preparations for the short plat. The site is vacant land. The site includes trees, grass, weeds, and shrubs. There are no water features or critical areas on the site. Surrounding Conditions and Uses: The properties to the north, south, east, and west are designated as SFR in the CP. The properties to the north, south, east, and west are zoned R-3 and are developed with single-family residences. There are some duplexes to Page 1 of 15 the west. The border of Spokane County is approximately 300 feet to the west of the site. The Plante's Ferry Sports Stadium is west of the site and is within Spokane County. In addition, there is a meat-packing business to the north of the site. In the vicinity of the proposal, there are eight short plats and four subdivisions. See Exhibit 1, p. 2; see also Exhibit 14 (Slide entitled "Residential Plan Development in area"). The subdivisions surrounding the site have an approximate density of six units per acre. See Exhibit 1, p. 2. Project Description: On December 27, 2018, the final short plat, designated as SHP-2018-0006, was recorded with the Spokane County Auditor. See Spokane Valley Final Short Plat, SHP-2018-0006, Instrument No. 6772198, recorded December 27, 2018. Through the short plat, approximately 2.23 acres of land was subdivided into 9 residential lots. Lot 9 is a largest lot within the short plat, being approximately 0.77 acres (or 33,962 square feet) of land, and was always intended to be further divided by the property owner. Pursuant to Revised Code of Washington (RCW) 58.17.060, a lot created by short plat cannot be further subdivided using the short plat process within five years of final platting. For this reason, the property owner submitted the application designated under SUB-2019-0001 to subdivide Lot 9 in accordance with the long plat procedures. The applicant proposes to further subdivide Lot 9 of the short plat into five residential lots. Lots 3, 4, and 5 of the proposed subdivision will have access by Woodlawn Lane, a private residential road that has already been constructed. Although Lots 3-5 also have frontage on Wellesley Avenue, those lots will not access directly onto Wellesley Avenue. Because these lots have double frontage, screening is required along Wellesley Avenue, as generally depicted on the diagram entitled "Project Specifics" included in the Staff's presentation concerning the project. See Exhibit 14. The applicant has proposed a 6-foot sight-obscuring fence to satisfy the screening requirement. Lots land 2 will access directly onto Wellesley Avenue. A minimum spacing requirement for the driveways from Lots 1 and 2 to Wellesley Avenue is included in the project conditions and has been incorporated into the preliminary plat by the applicant. PROCEDURAL INFORMATION Authorizing Ordinances: Spokane Valley Municipal Code (SVMC)Title 19 (Zoning Regulations), SVMC Title 20 (Subdivision Regulations), SVMC Title 21 (Environmental Controls), SVMC Title 22 (Design & Development Standards), and CP. Notice of Application: Mailed: March 1, 2019 Publication: March 1, 2019 Notice of Public Hearing: Mailed: April 30, 2019 Posted: April 11, 2019 Publication: April 26 and May 3, 2019 Public Hearing Date: May 15, 2019 Site Visit: May 15, 2019 State Environmental Policy Act (SEPA): A Determination of Non-Significance (DNS) was issued on April 12, 2019. Any appeal of the DNS was due on April 26, 2019. The DNS was not appealed. Page 2 of 15 Testimony: Karen Kendall, Planner Dan Melville City of Spokane Valley Upriver Developments, LLC Building and Planning Division 4720 North Woodlawn Lane 10210 E Sprague Avenue Spokane Valley, WA 99216 Spokane Valley, WA 99206 Exhibits: 1. Vicinity Map 2. Comprehensive Plan Map 3. Zoning Map 4. Aerial Map 5. Application Submittal 6. Preliminary Plat Map of Record 7. Determination of Completeness 8. Notice of Application Materials 9. SEPA Determination and Concurrency 10. SEPA Checklist 11. Trip Generation & Distribution Letter (TGDL) 12. Notice of Public Hearing Materials 13. Agency Comments The following exhibits were received at the hearing: 14. 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 CP. 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 are outright permitted in this zone. See SVMC 19.60.050 (permitted use matrix). The applicant is considering the construction of a townhouse on Lots 3-4, to reduce the need for retaining walls on the steeper slopes, to make the project more economical, and for other reasons. Testimony of D. Melville. The Staff confirmed that this proposal would be considered an attached single-family residence that is also allowed in the R-3 zone. Testimony of K. Kendall; see also SVMC 19.60.050 (permitted use matrix). Staff also confirmed that no additional project conditions were needed for the applicant to pursue this option. See id. Page 3 of 15 In addition to satisfying the use limitations of the zone, any residential development must also meet the minimum lot size, density, setback, maximum lot coverage, and building height requirements of the zone. See Staff Report, p. 3. Minimum lot size in the R-3 zone is 5,000 square feet. See SVMC 19.70.020 (Table 19.70-1). The residential lots in this proposal range in size from 6,143 to 7,650 square feet, which satisfies the minimum lot size requirement. Maximum allowed density in the R-3 zone is six dwelling units per acre. See id. This development proposes to subdivide 0.77 of an acre into five residential lots for a gross density of six units per acre. See Staff Report, p. 3. Therefore, the density standard is also fulfilled. The other development standards, such as building height, lot coverage, and setbacks, will be addressed at the building permit stage. See id. In other words, the developer will be required to satisfy those standards at the time of construction. The Hearing Examiner agrees with the Staff that the proposed preliminary plat complies with the Zoning Regulations. 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 reviewed those design standards in some detail, and explained how the project conforms or will conform to those requirements. See Staff Report, pp. 3-4. The Hearing Examiner agrees with the Staffs analysis, which is hereby incorporated by reference into this decision. The project is consistent with and promotes the public health, safety, and welfare, and serves the public interest, as required by SVMC 20.20.100(A) and SVMC 20.20.100(K). The proposed development is consistent with the CP policies and the provisions of the R-3 zone. See Paragraphs 1 (above) & 5 (below). 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. 4. 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 SVMC 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. 4. In addition, the proposed lots well exceed the minimum size. Thus, there is extra space available within each lot. To the Hearing Examiner's knowledge, the SVMC 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 Page 4 of 15 Regional Stormwater Manual (2008 SRSM). See Staff Report, p. 4. The applicant will implement a drainage plan that will dispose of stormwater in conformance with SVMC design standards. See Exhibit 10, pp. 4-5 & 7. The methods of disposing of stormwater include storm swales (on Tract "A" and along Heroy Avenue) and residential catch basins. See id. The plans for the drainage system must be reviewed and approved before the project may proceed. See Staff Report, p. 4. 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., Woodlawn Lane) serving Lots 3-5 is a private street, constructed to comply with the 2009 Spokane Valley Street Standards (2009 SVSS) Chapter 7 and Standard Plan R-133. See Staff Report, p. 5. A private street does not require sidewalk improvements. See Staff Report, p. 5. Lots 1 and 2 will access directly onto Wellesley Avenue. See Staff Report, p. 5. There are no dedications or improvements required along Wellesley Avenue. 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. 5. The closest transit stop is on the corner of Progress Road and Wellesley Avenue, approximately 1.5 miles east of the site. See id. The route has a weekday frequency of every 30 minutes and an evening and weekend frequency of every 60 minutes. See id. The STA did not submit any comments on this project. See Staff Report, p. 9. 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). Trentwood Irrigation District (the "District") is the local water purveyor. See Staff Report, p. 5. The District signed a Certificate of Water Availability for the project. See Exhibit 5. According to the certificate, the water system has sufficient capacity to serve the development. See id. 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. 5. SCES confirmed, through a Certificate of Sewer Availability, that the sanitary sewer system has sufficient facilities to 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 acres of park are per 1,000 residents. There is no evidence in this record that the proposed subdivision will negatively affect the availability of parks or recreational areas. On the contrary, City Staff reported that the proposed subdivision "will not impact the City's LOS standard for parks." See Staff Report, p. 5. In addition, there are parks and recreational areas in the vicinity. Plante's Ferry Park and Sports Fields are located directly west of the site. See id. Mirabeau Park and Centennial Trail are located approximately two miles south of the site. See id. The Hearing Examiner concludes that there are sufficient parks and recreation facilities to support this development. Page 5 of 15 The project makes appropriate provisions for playgrounds, schools, and school grounds. See SVMC 20.20.100(l). The site is located in the East Valley School District (EVSD). See Staff Report, p. 5. East Valley Elementary School, East Valley Middle School and East Valley High School are located within 1.5 miles of the site. See id. The EVSD was notified of this project and did not submit any comments. See id. The development will only add five dwelling units. There is no reason to suspect that adding five homes to the housing inventory will have any genuine impact on the school system. 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 surrounding neighborhood does not have sidewalks with the exception of a sidewalk to Plante's Ferry Park just to the west of the adjoining property. See Staff Report, p. 5. The parcel directly west received preliminary approval for a 9-lot short plat with the requirement to extend sidewalk to the west end of the subject parcel. See id. Along the north side of Heroy is a gravel shoulder and the south side is curbed for a walking area. See id. Along Heroy east of the development and Wellesley Avenue there are areas of gravel shoulder to provide for pedestrian travel where sidewalks do not exist. See id. There is no evidence that the proposed subdivision will negatively impact student access to area schools. There is no consistent pattern of sidewalk development in the vicinity, as the foregoing discussion illustrates. In addition, there is no requirement to install sidewalks along the private lane serving Lots 3-5. See id. There are gravel shoulders along Wellesley currently, rather than sidewalks. Moreover, the CP does not contemplate any pedestrian improvements in the Proposed Sidewalk map of Pedestrian Networks. See id. Under the circumstances, it is not appropriate to condition the project on offsite improvements to pedestrian access routes. 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, p. 5. 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 project, as conditioned, satisfies or will satisfy all criteria set forth by other agencies. See Staff Report, p. 6. 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. 6. 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. 6. The site is flat and does not contain any geologically hazardous areas. See id. A review Page 6 of 15 of the SEPA checklist confirms these facts and does not reveal any additional causes for concern. See Exhibit 10. On April 12, 2019, the City of Spokane Valley, 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, applicable provisions of the SVMC, a site assessment, and comments from affected agencies. See Staff Report, p. 6. There is nothing in this record that would call the City's threshold determination into question. There was no testimony or other evidence presented at the hearing 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. See Exhibit 9. The DNS was not appealed. See Staff Report, p. 6. 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; see also Certificate of Transportation Concurrency, March 29, 2019. No offsite improvements are necessitated by the proposed subdivision. See id. The City determined that no further traffic analysis was necessary for this 5-lot modification to the already approved short plat. 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 SVMC, adequate public facilities must be available when the service demands of development occur. See Staff Report, p. 6. More specifically, the SVMC states that concurrency must be evaluated for transportation, water, and sewer. See SVMC 22.20.010(A). On February 20, 2019, 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 March 29, 2019, after considering the matter, the Spokane Valley Senior Traffic Engineer issued a Certificate of Transportation Concurrency. See Certificate of Transportation Concurrency, March 29, 2019. 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 February 2, 2019, the District signed a Certificate of Water Availability for the project. See Exhibit 5. The Certificate indicates that water service is already available at the site and the water system has a current Washington State Department of Health (WSDOH) Operating Permit allowing the number of new taps requested. See id. Page 7 of 15 On February 2, 2019, 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 CP. This designation addresses a range of residential densities from one dwelling unit per acre to six dwelling units per acre. See Staff Report, p. 7. The R-1, R-2, and R-3 districts of the SVMC are intended to implement the SFR designation. See id. The proposed subdivision is a low-density residential development that is consistent with its R-3 zoning and the SFR designation under the CP. The neighborhood is characterized by single-family dwellings and duplexes with a range of lot sizes. See Staff Report, p.7. The proposed single-family dwellings will maintain the low density residential character in the neighborhood and are a permitted use in the R-3 zone. See id. The proposed development is consistent with the City's residential development standards and existing single-family development in the area. See id. 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. By developing five new residential lots, the project creates additional housing opportunities to meet the needs of the community. See Staff Report, p. 7. The project, therefore, promotes the intent of Goal H-G1 and H-G2, which seek to allow a broad range of housing options and enable the development of affordable housing. The proposed subdivision, as conditioned, is also consistent with the various development standards set forth in the CP. For example, a stormwater system will be designed to protect the aquifer, consistent with Policy CF-P10 and Goal NR-G2. See Staff Report, p. 7. The project will also satisfy the other standards, as described by the Staff. See id. Considering the characteristics and design of the proposal, the Hearing Examiner agrees with the Staff that it is consistent with the CP. Therefore, this criterion is satisfied. 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 8 of 15 Spokane Valley Planning Division: 1. The approved preliminary plat shall have a maximum of five residential lots unless a preliminary plat modification is approved pursuant to SVMC 20.50 (Preliminary Plat, Short Plat, and Binding Site Plan Alterations). 2. Pursuant to SVMC 20.30.060 (Extensions of Time), an application form and supporting data for time extension requests must be submitted to the Director at least 30 calendar days prior to the expiration of the preliminary plat approval. 3. Pursuant to SVMC 20.20.050 (Prohibition Against Sale, Lease, or Transfer of Property) any sale, lease, or transfer of any lot or parcel created pursuant to the SVMC that does not conform to the requirements of the preliminary plat approval or that occurs without approval, shall be considered a violation of Chapter 58.17 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. SVMC 20.30.050 (Expiration of Preliminary Approval)stipulates that preliminary plat approval automatically expires five years after preliminary approval is granted unless a time extension is approved for the project. If a request for an extension of time is not submitted and approved, the preliminary approval expires and the preliminary plat is null and void. 6. Pursuant to SVMC 20.40.030 (Filing Short Plat, Plat, or Binding Site Plan) the City 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. Submit a final plat application that complies with all submittal requirements specified in SVMC 20.40. 9. Submit a final plat containing the following notes on the face of the plat: a. 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. Page 9 of 15 b. All applicable dedication language shown on the face of Short Plat SHP-2018-0006, Reference Auditor File No. 6772198, recorded in the book 32, pages 76 and 77 is valid and binding. 10. Pursuant to SVMC 20.20.090.4.b and SVMC 22.70.070.B.2 screening shall be installed on the lots backing to Wellesley Avenue, 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 5 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 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 consistent with the screening requirements in SVMC 22.70.070.0 and the maintenance of the screening shall be prepared and submitted to the Building & Planning Division for review and approval prior to or 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. 11. The addresses shall be designated on the final plat: Lot Address Lot 1 12928 East Wellesley Avenue Lot 2 12924 East Wellesley Avenue Lot 3 4724 North Woodlawn Lane Lot 4 4725 North Woodlawn Lane Lot 5 4721 North Woodlawn Lane Spokane Valley Development Engineering Division: 1. A Professional Engineer, licensed in the State of Washington, shall prepare required engineering documents (including civil/street plans, drainage plans, drainage calculations, traffic studies, shared access driveway plans, etc.). Plans shall conform to the 2009 SVSS, or as amended; the 2008 SRSM, or as amended; the SVMC; and all other federal, state, and local regulations, as applicable. Page 10 of 15 2. Wellesley Avenue is designated as a 2-Lane Minor Arterial and frontage improvements are not required, providing that no more than 2 new lots take access. 3. The following determines the Wellesley Avenue right-of-way (ROW) and border easement dedications per 2009 SVSS 7.5.2, 7.5.3, and Table 7.2. Existing dedication widths were estimated using information 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 foot. b. Required half ROW width is 26 foot. i. ROW dedication not required. c. A Border Easement is required and shall extend from the ROW to the back of future sidewalk. i. A 5-foot-wide Border Easement dedication has been provided per SHP-2018-0006. ii. Note: building setbacks begin at the edge of border easement. 4. In accordance with the SVMC, Zoning Regulations (22.50.020 Residential Standards), all driveways shall be paved. Private driveways shall conform to 2009 SVSS Section 7.3.4. 5. Wellesley Avenue is a Minor Arterial. Lots 1 and 2 shall take access from the street by means of a single access only from each lot. a. Dedication language shall state; Lots 3-5 shall have no direct access to Wellesley Ave; access shall be taken from Woodlawn Lane established with SHP-2018-0006. b. Lots 1 and 2 shall take access to Wellesley Avenue, providing that the driveway approach spacing meets the "Desirable Conditions" of 90 feet per 2009 SVSS Table 7.8. 6. This project will generate less than 10 peak hour vehicular trips; therefore, per SVMC Section 22.20.020.C.3, the project is exempt from traffic concurrency review. 7. Driveway approach design shall follow the 2009 SVSS, or as amended. A driveway approach per Standard Plan R-116 may be used with the approach starting at the edge of the existing pavement. 8. Pursuant to the 2009 SVSS Chapter 7.6.5, a sight distance analysis is required for proposed Lot 2. The analysis shall be reviewed and approved prior to preliminary plat approval. 9. The existing Plante's Ferry Place Community Association Operations & Maintenance (O&M) Manual and Covenants, Conditions, and Restrictions (CC&Rs) prepared for SHP-2018-0006 shall be amended to reflect the additional lots utilizing the private street and drainage facilities. The documents shall be accepted and recorded prior to final plat approval. Page 11 of 15 10. Show all utilities and utility easements (e.g., telephone, power, etc.). The permittee is responsible for arranging all utility adjustments, improvements, or relocations as required for completion of the project. All rigid objects shall be located out of the clear zone. The clear zone requirements can be found in the 2009 SVSS, or as amended. The permittee shall contact every utility purveyor impacted by the project and conduct the following: 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. 11. 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. 12. The border easement shall be designated on the final plat map. 13. The Plante's Ferry Place Community Association Unified Business Identifier(UBI) number and CC&Rs recording number shall be referenced on the face of the Final Plat. 14. Plat language will be determined at the time of final plat submittal. Contact Development Engineering prior to first submittal of final plat to obtain plat language. Spokane Valley Fire Department: 1. Addresses for lots 3, 4, and 5 shall be off of the new private street and posted at the entrance of the private street so they are visible from Heroy Avenue. Addresses shall be posted at each property during and after construction. 2. Addresses for Lots 1 and 2 shall be off of Wellesley Avenue and posted at each property during and after construction. 3. Numbers shall be a minimum of 4 inches tall and in a color contrasting to the background. Spokane County Environmental Services Department: 1. As per the development regulations/zoning code of the governing authority as amended, the dedication shall state: "Individual side sewer stubs shall be constructed to provide for the connection of each parcel to the County's system of sewerage. Uses on properties within the project shall be required to connect to the Page 12 of 15 sewer and pay applicable charges per the County Sewer Ordinance. Sewer connection permits shall be required." 2. 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. Commercial developments shall submit historical and or estimated water usage as part of the sewer plan submittal. Prior to plan submittal, the developer is required to contact Chris Knudson or Colin Depner at (509) 477-3604 to discuss the details of the sewer plans. Once submitted, the sewer plan may require revised and or additional plat comments to be addressed. Spokane Regional Health District: 1. The final plat shall be designed as indicated on the preliminary plat of record and/or any attached sheets as noted. 2. Appropriate utility easements shall be indicated on copies of the preliminary plat of record for distribution by the Planning Department to the utility companies, Spokane Valley Engineer, and the Spokane Regional Health District (SRHD). 3. Sewage disposal method shall be as authorized by the Director of SCES. 4. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), WSDOH. 5. 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. 6. 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. 7. 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. 8. 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." 9. The dedicatory language on the plat shall state: "Use of private wells and water systems is prohibited." 10. 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." Avista Utilities: Page 13 of 15 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, and landscaping without compensation; and to prohibit brick, rock, or masonry structures that may interfere with the construction, reconstruction, reliability, maintenance, and safe operation of same. Storm drain dry wells and Water Meter boxes shall not be placed within the "Dry" easements; however, lateral crossings by storm drain, water, and sewer lines are permitted. The Private Street as shown hereon is dedicated for utility purposes in addition to ingress and egress as stated." Washington State Department of Ecology: 1. Proper erosion and sediment control practices must be used on the construction site and adjacent areas to prevent upland sediments from entering surface water. Refer to the Stormwater Management Manual for Eastern Washington. Spokane Tribe of Indians: 1. Prior to any land disturbing activities 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 Karen Kendall at (509) 720-5026 for the template. DATED this 31St day of May 2019. Brian T. McGinn City of Spokane Valley Hearing Examiner Page 14 of 15 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 Hearing Examiner's decision, a party with standing files a land use petition in Superior Court pursuant to RCW Chapter 36.70C. On May 31, 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 June 3, 2019. THE APPEAL CLOSING DATE FOR THE PRELIMINARY PLAT DECISION IS June 24, 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 15 of 15